Joseph A. Byers Sr. (1748 - 1828)

Biography

Captain Joseph Byers Sr. served with Rowan County Regiment, North Carolina Militia during the American Revolution.

Joseph was born in 1748. He died in 1828 in Iredell County, North Carolina and is buried at the Centre Presbyterian Church Cemetery in Mooresville, Iredell County, North Carolina.^[1]

Joseph apparently never married and left his considerable fortune to his nephews and neices - the children of James and Margaret Byers. In his Will he refers to himself as "Joseph Byers Senr" and his nephew as "Joseph Byers Junr".

According to the Genealogical Society of Iredell County and the Centre Church records, Joseph was a Revolutionary War Veteran. According to J.D. Lewis, there was a Captain Joseph Byars in the Rowan County Regiment of the North Carolina Militia.^[2][3][4]

Will

Will of Joseph Byers Sen, Iredell Co., NC. 9 Apr 1819^[5]

• In the name of God Amen. I Joseph Byers Senr of the County of Iredell and State of North Carolina, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory blessed be the almighty God for the same; do make and publish this my Last Will and Testament in manner and form following (that is to say)

• First, my body to be buried in a decent and Christian like manner, my funeral expenses and all my just debts to be paid out of my Estate.

• Secondly, that the property heretofore given and delivered to my nephews and nieces, I allow them to hold and enjoy as clearly as if they had my Deeds of gift or Bills of Sale for, and those not given and delivered but named and intended for them as will hereafter be particularly specified, I also will and allow them to hold and enjoy the right and title off; that is to say Robert Byers my nephew son of James & Margaret Byers, a negro boy called Sam, Joseph Byers Junr son of James & Margaret Byers a negro boy called Mars, Esther Falls wife of John Falls Daughter of James & Margaret Byers, a negro girl called Rack, Margaret Byers Daughter of James & Margaret Byers a negro girl named Bella, Polly Simonton wife of Henry Smith Simonton Daughter of James & Margaret Byers a negro girl called Hannah, James Smith Byers a negro boy named Tarlton, Washington Byers son of James & Margaret Byers a negro boy named Jeff, Jane Simonton wife of Adam R. Simonton and Amelia Byers Daughters of James & Margaret Byers, the two girls and boys I named and intended for them, but never delivered, I do now will unto them viz: a girl called Gabb and a boy called Peter unto Jane Simonton and unto Amelia Byers a girl called young Moll & a boy called George, and unto Thomas Byers son of James 7 Margaret Byers a negro fellow named Bill, to hold each of the said negroes as now named and their increase – also a negro woman and her two children which I placed in the hands of my Brother James Byers to remain with him during the lifetime of him and his wife my sister in law Margaret Byers named Amy, I do will to still remain in the family while they continue together or until their own estate descending from their father is distributed and then said woman and her two children together with any increase she may have I will and devise that that they shall be equally divided between all my said nephews and nieces as their fathers estate may be divided agreeable to the spirit & intention at this time of their said divide__and if any one or more does not amicably agree in said division they are to hold nor enjoy no part of said last mentioned negro woman and her increase

• Thirdly, I will and devise that my land which I hold under a warrant in the western country (perhaps?) on Swift Creek, located to join General Rutherfords land of fifteen hundred acres to be divided as follows (viz) to Joseph Falls son of John & Esther Falls two hundred and fifty acres, to Joseph Simonton son of Henry Smith and Polly Simonton two hundred and fifty acres each to be clear of all expense that may accrue in perfecting the title thereof, _ and the balance of my western lands to be equally divided between all my nephews and nieces sons and daughters of James & Margaret Byers; to be equally divided between them agreeable as before mentioned to the spirit of their divide of their fathers estate and to make it more fully and fairly explained and clear, that each of my Brother James & sister in law Margaret Byer’s children giving up unto James Smith & Washington Byers the old place their father lived on & James Smith Byers quitting his claim to Washington Byers, when they are all of proper ages by law then this western land, & said negro woman & her increase to be equally divided, also Washington Byers to be made whole out of the same.

• Fourthly, I will and bequeath unto James S Byers son of my Brother James & Sister in law Margaret Byers all my lands lying south of the Mill Creek where I now live down to where Montgomery line crosses said creek from thence straight to the Catawba River. And I will and bequeath unto my nephew Washington Byers all my lands on the North side of the Mill Creek down to Montgomery line from thence to the Catawba River. I also will and bequeath to my nephew Robert Byers son of James & Margaret Byers almost ten acres of meadow land which Ii reserved when I sold to him out of the land he now lives on.

• Fifthly, my niece Jane Simonton wife of Adam R. Simonton I do further will and devise that she shall have out of my estate a horse worth one hundred dollars or one hundred dollars in money, and one hundred dollars worth of my household furniture, or get it made & provided for her, or if she should not need or choose the furniture one hundred dollars in lieu thereof.

• Sixthly, I will and bequeath that unto Margaret Smith Falls eldest daughter of John & Esther Falls two hundred & fifty dollars shall be put to interest for her use and the said two hundred & fifty dollars and the interest accruing thereon to be paid her when she arrives at proper age to receive the same or place into good hands for the above purpose.

• Seventhly I will and bequeath that unto Joseph Washington Byers son of my nephew Robert Byers & Ann his wife one hundred dollars which I allow to (word missing - damaged) in my executors hand to be on interest as the above for his use together with the principal until he comes of age.

• Eighthly I will and devise that that all my remaining negroes shall be and is hereby bequeathed unto James Smith Byers my nephew son of James & Margaret Byers & Washington Byers my nephew and son of my said Brother James & sister in law Margaret Byers, viz, unto James Smith Byers I give Bacey, Watt, Edwin Minda, young Bacey, old Molly, Bbeck, Edmore & Sarge, and unto Washington Byers, Dick, Mart, Wallace, Murry Ned, old Amy, Peter & Charly, and also all my remaining property not herein before willed or bequeathed such as stock of every kind, household and kitchen furniture, farming utensils, still, together with all my money notes bonds book accounts and all my other goods & chattels of every description to be equally divided between my two said nephews James Smith Byers and Washington, except my smith tools, I allow my nephew James S Byers them over and above his equal divide of the residue of my estate, and all the money or cash part of the aforementioned willed and bequeathments, I will and allow to be raised out of my said stock & their residue as willed unto my said nephews James Smith byers & Washington Byers and that is only to come out of that alone agreeable to my will and that the bequeathments of them my two nephews James Smith & Washington are only bound for those & my debts. I also will that my nephew James S Byers is to have the use of all my negroes now in my possession until he makes a sufficient sum of money to pay all my just debts not to exceed two years from this date.

• And lastly I do hereby appoint my two nephews James S Byers & Washington Byers Executors of this my last will & testament hereby revoking all other wills by me made.

• In witness whereof I have hereunto set my hand and seal the 9th day of April in the year of our Lord one thousand eight hundred and nineteen
• -Jos Byars
• Wit: Wm Falls, H. W. Connor

Notes

The Byers Family, by Dr. P. F. Laugenour^[6]

• In the early days of Iredell county the Byers’ were a wealthy family living in south Iredell. The two pioneer immigrants were Joseph and James Byers. These came to America about 1748 and stopped in Bucks county, Penn., and about 1760 they came to North Carolina and settled on Davidson’s creek a mile or so west of the present Centre church, south of the present residence of James B. Atwell, a descendant of the family who owns the old home site and lives on a part of the old plantation. The old home was a very large log house standing on the brow of the hill some 50 or 75 yards from the spring east of the branch. The house, now 1915, fallen down, was built of large pine logs beautifully hewn. The nails in the old building were home made. While these logs are pine and very large ones at that, there is a tradition coming down through Richard Atwell, that a hundred years ago there was not a pine tree or a pine bush anywhere in that vicinity.

• Joseph Byers who died October 20, 1828, at the age of 80 years, seems to have been a bachelor since he willed his estate to his nephews and nieces, children of James and Margaret Byers. He was wealthy, having besides a vast amount of land, a large number, 50 or more, negroes.

• James Byers, born 1742, died November 2, 1807, aged 65 years, married Margaret Smith who died March 29, 1906 (should be 1806), in her 52nd year, being 12 years younger than he. They reared a large family in the old home which was of ample size to accommodate a large family. James Byers was a captain in the Revolution. In April 1779 he bought from John Oliphant 563 acres of land on both sides of Lambert’s creek on the east side of the Catawba river, granted in 1755 to James Lambert, one of the first settlers of the country. This included the Oliphant mill which in later years was known as the “Old Byers Mill.” The consideration was 3,000 pounds. The bridge over Lambert’s creek on the road from Bell’s Cross Roads down the river, is built on the dam of the old Byers mill which did service for more than a hundred years, including the period embraced in the Revolution. James Byers’ son Robert, occupied the large wooden residence still standing on the hill just south of the creek at the old mill place. Some of the descendants of James and Margaret Byers are the following:

• Thomas S. Byers married a widow Connor who married 1st, Graham: 2nd, Charles Connor, and was the mother of Major H. W. Connor who was a member of congress from 1821 to 1841. Thomas S. Byers occupied the Connor home at Beattie’s Foard. Two children, Camilla Byers married Col. Wm. Davidson, father of Connor Davidson, and Paulina who married Jacob Lemley.

• Esther Byers married John Falls, son of William and grand son of Capt. Gilbraith and went to Mississippi. Two children, Joseph and Smith.

• Margaret Byers, was probably the wife of Major Robert Simonton.

• Polly Byers married Henry Smith Simonton.

• James Smith Byers married Cecelia Osborne, daughter of Adlai. Children, James Smith Osborne Byers, Augustus Byers, and Washington Byers, M.D. married Ann Locke.

• Burette Byers

• Augustus Byers was killed in the Civil war.

• Adlai Byers.

• Mary Byers married first, Harris: second, Dr. George W. Stinson, whose first wife was her sister.

• Margaret Byers married Dr. George W. Stinson, his first wife.

• Jane married James Johnston.

• Julia Byers married Thomas Kerr, step sister of Capt. P. C. Carlton, and went to Texas.

• Robert Byers married Ann Allison, daughter of Theophilus, near Perth (Iredell Co.)

• Thomas Byers married __ McRary.

• Jane Byers married Richard Atwell, son of Locke Atwell of Rowan. Richard when a young man was employed by some of the Byers family as an overseer. He married, settled and reared his family on the spot now occupied by the residence of James B. Atwell. He had two sons, Robert and James. James married Mary Sloop. The following are their son: Poindexter, Theodore, James, William, David and Robert.

• Sarah Byers.

• Margaret never married.

• Amelia married Dr. White.

• Jane married Adam Ross Simonton.

• Joseph Byers, Jr. His first wife, Jane, died in 1829, aged 35; married second (probably) a Locke. Children were: Margaret Narcisaa married John F. Irvin, and had one son, Francis; Adaline Byers married James Simonton, son of Smith; Jane Julia Byers married Joseph C. Simonton.

• Smith Simonton who married Polly Byers built the brick house on the old homestead, in late years owned by Jo. B. Cornelius, on the road from Mooresville to the river.

• (Note - the article above leads one to believe that James and Margaret Byers had many more children than they did. While those listed are descendants, they are not all the couples' children. Other factual errors may be present in the above article.)

Sources

1. ↑ #C1790, #C1800, #C1810, #C1820, #FG, #Estate
2. ↑ Revolutionary War Patriots Buried at Centre Presbyterian Church Cemetery, Mooresville, North Carolina, Link, Compiled December 2015 in commemoration of the 250th Anniversary of Centre Church. Shirley Wagers and June Robb, Feb. 5, 2018...this is an updated and complete list of the patriots and has the most accurate information, accessed Feb 26, 2018
3. ↑ J.D. Lewis, record of Captain Joseph Byers, Link
4. ↑ "Genealogical Society of Iredell County, Inc., NC Revolutionary Soldiers’ Graves – Iredell, Davie & Alexander Co., Iredell County Tracks, Fall 2006." See Part 1 and Part 2
5. ↑ Will of Joseph Byers Sen., Iredell Co., NC. 9 Apr 1819. Original document: Iredell Co., NC Original Wills. NC Archives & History, Jones St., Raleigh, NC. Archived online at Ancestry.com
6. ↑ Historical Sketches of Iredell County, Compiled by the late Dr. P. F. Laugenour. Original Source: The Statesville Sentinel, Thursday, 20 Jul 1916, Statesville, NC. Archived on Newspapers.com. Reposted to Ancestry.com by Ancestry user dave89211 on 11 May 2017.

See also;

• Space:Iredell County Revolutionary Soldiers for a comprehensive list of Iredell Revolutionary War Veterans.

• Source: Find A Grave: Memorial #10885391 retrieved Aug 19, 2017, Centre Presbyterian Church Cemetery, Mooresville, Iredell, North Carolina, tombstone photo and church records.

• Source: "United States Census, 1790," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XH2M-9WB : accessed 19 August 2017), Joseph Biars, Iredell, North Carolina, United States; citing p. 386, NARA microfilm publication M637, (Washington D.C.: National Archives and Records Administration, n.d.), roll 7; FHL microfilm 568,147.

• "United States Census, 1800," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHR8-PLZ : accessed 27 January 2018), Joseph Byars, Salisbury, Iredell, North Carolina, United States; citing p. 654, NARA microfilm publication M32, (Washington D.C.: National Archives and Records Administration, n.d.), roll 29; FHL microfilm 337,905.

• "United States Census, 1810," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHL9-7JT : accessed 27 January 2018), Joseph Byers, Iredell, North Carolina, United States; citing p. 186, NARA microfilm publication M252 (Washington D.C.: National Archives and Records Administration, n.d.), roll 40; FHL microfilm 337,913.

• "United States Census, 1820," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHGS-S1K : accessed 27 January 2018), Joseph Byars Sen., Iredell, North Carolina, United States; citing p. 248, NARA microfilm publication M33, (Washington D.C.: National Archives and Records Administration, n.d.), roll 80; FHL microfilm 162,796.

• "United States Census, 1830," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHG5-Y6C : 29 July 2017), Joseph Byers, Iredell, North Carolina, United States; citing 67, NARA microfilm publication M19, (Washington D.C.: National Archives and Records Administration, n.d.), roll 122; FHL microfilm 18,088.

• "United States Census, 1840," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHTV-SWH : 20 August 2017), Joseph Byers, Iredell, North Carolina, United States; citing p. 203, NARA microfilm publication M704, (Washington D.C.: National Archives and Records Administration, n.d.), roll 363; FHL microfilm 18,094.

• "United States Census, 1840," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHTV-M2D : 20 August 2017), Joseph Byers, Iredell, North Carolina, United States; citing p. 167, NARA microfilm publication M704, (Washington D.C.: National Archives and Records Administration, n.d.), roll 363; FHL microfilm 18,094.

• Source: "North Carolina Estate Files, 1663-1979," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q2Z7-S1RP : 21 November 2016), Joseph Byers, 1829; citing Iredell, North Carolina, United States, State Archives, Raleigh; FHL microfilm .