Person:Charles King (52)

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  • HCharles King, Jr.Abt 1760 - Bef 1819
  • WElizabeth RhodesAbt 1762 - Bef 1796
m. Abt 1783
  1. Judah KingBef 1787 -
  2. Henry KingBef 1787 - 1841
  3. William King1786 - Abt 1825
  4. Charles King, IIIBef 1790 - Bef 1821
  5. Alice KingBef 1790 -
  6. John KingBef 1794 - Bef 1825
  7. Timothy KingAft 1794 - Aft 1850
m. 11 Jul 1796
  1. James KingBef 1801 -
  2. Richard KingBef 1804 - Bef 1825
  3. George KingAft 1802 -
  4. Sarah KingAft 1804 -
Facts and Events
Name[3] Charles King, Jr.
Gender Male
Birth[4] Abt 1760 Bertie, North Carolina, United States
Marriage Abt 1783 Bertie, North Carolina, United Statesto Elizabeth Rhodes
Marriage 11 Jul 1796 Bertie, North Carolina, United Statesto Elizabeth Benton
Death[1] Bef Nov 1819 Bertie, North Carolina, United States

Probate

Since Charles King Sr. died in 1818, Charles King Jr. died in 1819, and Charles King 3rd died sometime before 15 May 1821, the probate of all three was extremely intertwined and complicated. Further, a significant portion of what appears to be a sizable estate appears to have been lost through embezzlement and legal wrangling. The outline below is based on material on FHL films 1547989 and 1671516[2].

Will of "Charles King Ju'r of ... County of Bertie", dated 23 Sep 1819, proved Nov Term 1819, mentions wife Elizabeth ["my second wife Elizabeth King"]; sons William, Henry, Charles, John, Timothy, James, Richard and George; daughters Judath Caudle, Sally King and alse King; granddaughter Elizabeth Caudle. Moses Gilliam Sr., sons Charles and Timothy Exrs. Witnesses J. A. Gardner, Benton King.[1].

It is supposed that the children are mostly given in birth order, though the will of his widow shows Sally and Alse King are interchanged, Sally being daughter of the second wife and therefore younger, with Alse being the daughter of the first wife.

11 Nov 1819 William Pugh appointed guardian for Richard, James, Sarah and George King, "orphan[s] of Charles King". These four are all mentioned as children in the will of the second wife and widow, dated 6 Dec 1820. Presumably all the others were children of the first wife.

Charles King Jr. had no direct role (other than heir) in the estate of his father, Charles King Sr., who died in 1818, but he was appointed guardian of his brother Wilie King's share. Complicating matters, Wilie also died in early 1820. At the May Term 1820, auditors were appointed to go over the accounts of Charles King (3rd), Executor of Charles King (Jr.) who was Guardian of Wilie King dec'd with William Pugh who is adm'r of Wilie King, and report to the court on their settlement.

The death of the son Charles (3rd) before completing his executorship of the estate of Charles Jr. caused many problems. Timothy King, as the replacement executor, sued his brother's executor James Cherry, who answered by saying there were many notes in the name of Charles King and as a result, he was having difficulty distinguishing the estate of the son (3rd) from the estate of the father (Jr.).

Suit brought 20 Jul 1825 by "John Freeman & Sarah his wife" against her former guardian William Pugh alleges that the initial executor of Charles King (jr.) was his son Charles (3rd) who died 1819 [sic, Charles Jr. d. 1819 but his executor d. early 1821] without finishing, that Timothy King was then appointed executor even though he was a resident of Tennessee and shouldn't have been qualified, that Timothy received the assets of Charles King through Timothy's agent William Pugh, and took them to Tennessee where, being "a man greatly wanting in prudence & conduct", he is now feared to be insolvent. The suit alleges that William Pugh knew this improper activity was happening and, as her guardian, had a duty to stop it. Further that William Pugh has mismanaged the estate of Elizabeth King the widow of Charles King (Jr.), of which he was also the executor. (William Pugh's answer is extremely difficult to read, but appears to say that Timothy King had properly qualified as executor, and had taken control of the assets of Charles King Jr. from the administrator of Charles King (3rd) without the known of William Pugh, and then left the state, that William Pugh himself received only those payments those for which he had given receipts and which were included in the attached accounting. It was not until Timothy King's return to the state in 1823 that William Pugh learned of his insolvency, at which time he obtained a decree removing him from the executorship, and that the remedy requested by the complainant would have yielded nothing as Timothy had no property. Further, that the estate of Elizabeth King was also damaged by these activities.)

References
  1. 1.0 1.1 The North Carolina historical and genealogical register, 2:525.
  2. North Carolina. Division of Archives and History (Raleigh, North Carolina). Wills and estate papers (Bertie County), 1663-1978. (Salt Lake City, Utah: Genealogical Society of Utah, 1988-1989).

    FHL film 1547989 and FHL film 1671516.

  3. Three generations of Charles King's all died within 3 years of each other. This being the middle of the three, it is convenient to refer to him as Jr. He is actually the third in a string of four generations of Charles King. In some probate documents he may be referred to as Jr. (as in the will, cited), or Sr. (as in many of the lawsuits regarding his estate), depending on the perspective of the document. Keeping the references straight can be challenging.
  4. The estimated birth date of about 1760 is based on his marriage about 1783, which is probably an estimate too. He had two children in the 1787 North Carolina census.