Person:Joseph Atherley (1)

http://newbern.cpclib.org/research/WillsAn.htm

ATHERLY, JOSEPH - 17 July 1769 / December 1769 - "very sick and weak in body." Wife Sarah ATHERLY all estate. Executrix: wife Sarah ATHERLY. Wit: Elias JUSTES, Susanna JUSTES, Rebecker [x] JUSTES. [Probate indicates Elias JUSTICE proved the will.]

From Genforum.com post:

Re: Eatherly, Etherly, Atherly Posted by: Thelma Glover (ID *****0873) Date: July 03, 2002 at 10:17:49 In Reply to: Eatherly, Etherly, Atherly by Donald A. Harris of 16

Donald, Found this info in Immigrants to America before 1750-An Alpha List of Immigrants to the Colonies before 1750. Compiled from official and other records- Surnames A thr Bat. Baltimore: Genealogical Pub. Co. 1965. Virkus, Fredrick Adams editor-- Johannes Atherly 40, Philadelphia 1735. Johannes translates from the German to John. 1735 was within the period the palatines were still immigrating to New Bern. This could be our Joseph found in Craven Co in 1743. The age fits in that Joseph died in 1769 and this John would have been 74 in that year.

There was a Joseph Atherly of North Kingstown, Rhode Island, admitted as a freeman in May, 1737, pg. 531, source:

Records of the Colony of Rhode Island and Providence Plantations, in New England: Printed by Order of the General Assembly By Rhode Island, John Russell Bartlett Published by A.C. Greene and Brothers, state printers, 1859 Original from Oxford University Digitized Dec 5, 2006

1770 Census, Craven County, North Carolina:

Jonathan Atherly Joseph Atherly Sarah Atherly

From Genforum.com post:

Re: For Jan Lala Posted by: Ace Maupin (ID *****4165) Date: October 09, 2008 at 04:58:17 In Reply to: Re: For Jan Lala by Ace Maupin of 702

The Atherlys and Skillerns were from New Bern NC. perhaps Benjamin Tedders wife family came from one of these families in any case hes documented with them. notes on this below. We know that Joseph's wife is Sarah as he names her as his executor in his will of 1769. Her maiden name is unknown, although there is an unsubstantiated theory that she was a Skillern, the daughter of William and Elizabeth Skillern of Orange county, Virginia. However, a review of William Skillern's will proves Sarah Atherly is not William Skillern's daughter, because William makes the statement in his will of 1744/45 “…til my eldest children are of age…� If none of his children are “of age� in 1744, then his daughter can't be Sarah Atherly with four children in 1744.

During their marriage, at least three more children were born to Joseph and Sarah. These children are listed in Sarah's will as Jonathan, Joseph Jr. and an unnamed daughter married to Samuel Roberts. We assume the daughter past away prior to the mother's will of 1790 since Sarah only mentions her son-in-law in giving him one shilling sterling. Jonathan seems to be the next oldest son as he is co-executor of her will with Isaac. Because his birthday is calculated later around 1740 based on census records, the daughter is placed as second child in birth order to fill in the five-year gap between Isaac and Jonathan. Joseph Jr. is named last in the will, so he is placed last in the birth order.

Around 1758, Joseph's health begins to fail him so he petitions the court to excused him from paying public taxes and doing public duties. His petition was granted. This was usually only done for the infirm, so Joseph must have been quite ill. However, his son Isaac is found doing his share of jury duty.

In 1769, Joseph and Sarah were both listed as tax payers and can be found on the tax records of North Carolina. Their sons, Jonathan and Joseph Jr. are also listed on these tax records. They are all living in Craven county. However, Isaac is not listed on the taxpayer lists for North Carolina. Apparently, Isaac left North Carolina for a period of time and went to Granville County, South Carolina at this time. While there he loans 400 pounds to Alexis Mador Forster (relationship unknown) and on the bond it is noted that they are both of Granville county, S. C. By 1790 Isaac has returned to Craven county, North Carolina as he appears on the 1790 census as living alone with one slave. In 1791 he files suit to the estate of Forster for his money.

On July 17, 1769 Joseph made his will stating he was very sick, and leaving all his worldly goods to his “well beloved wife� Sarah Atherly. His will was proved in December court of 1769, so he died between July and December. As his executor, Sarah made an inventory of her deceased husband's belongings in early 1770.

The Revolutionary War breaks out in America and the Atherlys must decide where their loyalties lie: with the patriots in the new country or as English subjects to the King of England. The battle of New Bern, North Carolina took place near their home, and the sons of Joseph were soldiers. We have documentation that show Jonathan and Joseph Jr. as soldiers and Jonathan was once a prisoner on a ship during the war.

On the 1790 Census of Newbern, Craven, North Carolina, Sarah is not listed as head of household, so she is likely living with her son, Jonathan. Sarah Atherly made her will on 13 November 1790, stating she was of Craven county in the province of North Carolina. She also names her children: Jonathan, Joseph, Isaac, and her son-in-law Samuel Roberts. Jonathan and Isaac are her executors (indicating they are likely her two oldest sons), and a Sally Atherly is a witness. Sally is likely Joseph's wife, though we have no proof. Sarah's will is proven in March Court 1796, indicating she has died by 1796.

In all the land deeds in which Isaac is involved, there is no mention of a wife. In the 1790 census he is found living alone. Whether he ever married and had kids is unknown. He did not leave a will. However, it is possible that while Isaac was in South Carolina after 1770, he may have married and had children: Jesse and a daughter, the married Elizabeth Foley who is one of the administrators of his estate when he dies in 1803. No research on Isaac in South Carolina has yet to be conducted, but this might prove of value to establish the relationship of Jesse and Elizabeth. Jesse Atherly makes his first appearance in North Carolina in 1796 when he sells the land he owns with Jonathan and Elizabeth Atherly. We known Isaac returned to North Carolina by 1791 as he appears in court to sue someone back in South Carolina, so this ties in well with the appearance of Jesse - but it's just a theory.

Joseph Jr. is also a mystery. No records are in the county of him buying or selling land. However, he did build a road in 1761. Family tradition believes he left North Carolina with his brother Jonathan to Tennessee, but no records in Tennessee show this. Instead, Joseph died around 1800, without a will, in Craven County, North Carolina, where James Atherly, who is probably his son, was the administrator of his estate in 1801. James prepared an inventory of Joseph's estate and the goods and chattel were sold off to friends and family. Sally Atherly purchased furniture from his estate. Eleven years have passed since she was a witness to Sarah's will. Sally is likely Joseph's wife. Levi Atherly also purchases from the estate sale, indicating he is probably a son. Ruthie Atherly is likely a daughter (or is it Mary who is left as “head of household in the 1800 census??). Could Jesse Atherly be a son also?

Sometime after his mother died in 1796 and before 1801, Jonathan Atherly and his family left North Carolina for the wild frontiers of the west in Tennessee. For some unknown reason, when they arrive in Tennessee, the spelling of their name changes with an “E� added to it: Eatherly. It appears that Jesse Atherly went with Jonathan to Tennessee as there are two lines of Atherlys in Tennessee.

Levi Atherly married Nancy Cannady in 1811 In 1817 Levi died without a will, leaving James to be the administrator of his estate. .. again, another indication that the two are brothers. James eventually married in 1828 to Mariam Hoover. However, James must have died shortly afterward because Mariam Atherly is shown to have married two years later. The last Atherly found in North Carolina is Jesse Atherly who married Susan Dixon in 1849 - his relationship is unknown, but he was likely James or Levy's son from their short marriages.

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Joseph Atherly, Sr. born: abt 1711of New Bern, Craven County, North Carolina (1733-1769) died: 1769 in New Bern, Craven, North Carolina

married about 1734 to Sarah (Maiden name not known, but it's NOT Skillern) born: abt 1716 of New Bern, Craven County, North Carolina died: 1796 in New Bern, Craven, North Carolina

Isaac Atherly Born: About 1735 in New Bern, Craven County, North Carolina Married: Believed to be a bachelor as found living alone in 1790 census and no family named in will. Died: 1803 in New Bern, Craven, North Carolina.

? Atherly (female) (no record proving name yet found) Born: about 1738 in New Bern, Craven County, North Carolina Married: Samuel Roberts about 1758 in New Bern, Craven County, North Carolina Died: Before 1790 in New Bern, Craven County, North Carolina

Jonathan Atherly Born: about 1740 in New Bern, Craven County, North Carolina Married: Elizabeth ??? (not Skillern) about 1765 probably in New Bern, Craven County, North Carolina Died: 1807 in Davidson county, Tennessee (wrote will in 1801)

Joseph Atherly, Jr. Born: about 1742 in New Bern, Craven County, North Carolina Married: Unknown Died: 1800 in New Bern, Craven County, North Carolina Sally Atherly is a witness to Sarah's will. Could she be a wife? What about Mary Atherly who is found as head of household in 1800 census? 8