Marty and Karla Grant
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John Stewart (bef 1738-1793/96) and Jean — of North Carolina (Guilford)
[Stewart Home] - [Table of Contents] - John Stewart (bef 1738-1793/96)
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I am not related to John Stewart as far as I can tell. However, he lived in Guilford Co., NC for a time as did my own ancestor also named John Stewart (1730/40-1830). There is no possibility this John and my John are one and the same person, but they certainly could be related.
There were records for several different John Stewarts in Guilford. Follow the link for more on the other Johns and my attempts to sort them out.
John Stewart was born before ca 1747, perhaps well before then. I base that upon one of his proven sons (Samuel) being born ca 1760/65. Using 1765 as the latest possible birth date for Samuel, and assuming John was at least 18 when he was born, that means John was born ca 1747 or earlier.
If John Jr was of age in 1787, then he was born ca 1756 or before, which would push John Sr back to ca 1738 or before, assuming Jr was the son of Sr, which isn’t proven.
This John had land on Benaja Creek (now in both Guilford and Rockingham County). Thanks to deed records we know John’s wife was named Jean and they had three sons, John Jr, James and Samuel. There were probably other children as well.
John Stewart married Jean, maiden name unknown. If she is the mother of all three of his known sons, then they married before 1765.
John Stewart, perhaps this one, received a land grant of 640 acres on 14 Mar 1759 in Orange Co., NC described as on “South side of Haw River.” Unfortunately there was no other description. This could be somewhere in present Guilford or Alamance County.
On 25 Jul 1760, John Stewart, maybe this one, obtained another 640 acre grant in Orange Co., NC on the “south side of Haw River.” No other documents were in the file, so there’s no better description of where the land was.
I should note that in 1759 and 1760, only the eastern “sliver” of present Guilford was still part of Orange County, so the land grants above might be somewhere in present Alamance County instead. This might be an entirely different John Stewart as the next record I have for John/Jean of Guilford is about 20 years later.
On 22 Aug 1778, John Stewart entered 640 acres in Guilford described in the entry as “On the Benajay Creek being the waters of Saxapahaw River joining the north end of Bennett Combes land and the east end of Patrick Hays land and the other sides on vacant land for compliment.”
The survey for the above was dated 1 May 1782, describing the land on both sides of Benajah Creek, mentioning John Chilcut’s line, John Donnel’s line, Bennett Combs corner. Chain Carriers were Charles Norman and Reuben Land. The land was granted to him on 22 Oct 1782. (North Carolina Land Grants and Guilford Co., NC Deed Book 2, p. 316.)
Benaja Creek (Benaja is the modern spelling, Benajah the old spelling) is in northern Guilford County and southern Rockingham County and flows north easterly into the Haw River.
On 28 Nov 1778, John Stuart entered 300 acres in Guilford, described in the entry as on the waters of Haw River beginning at Charles Norman’s line, etc. The survey was dated 1 May 1782 (same as the other one). Beginning at his own corner, meaning it joined his other entry/grant on Benajah. Mentions Jesse Parker’s line. Chain Carriers were Elisha Briggs and Reuben Land. The land was granted on 22 Oct 1782, same as the other one. (North Carolina Land Grants and Guilford Co., NC Deed Book 2, p. 317.)
This second grant wasn’t on Benaja Creek, or at least it wasn’t mentioned by name, but since it joined John Stewarts other land, it must have been near.
On 7 Apr 1784, John Stuard deeded land to “son” James Stuard, for “one crown sterling,” being part of the same land where John then lived on Benajah Creek granted to him 22 Oct 1782. The deed explicitly names James as John’s son. Description mentions John Chilcult’s line, John Donnel’s line, being 307 acres. This means it wasn’t the entirety of the original 640 acre grant. John Stuart signed and his wife Jean made her mark. Witnesses were Walter Hill and Robert Rowland. (Guilford Co., NC Deed Book 3, pp. 47-48).
On 1 Sep 1785, John and Jean Stewart, planter, made a deed to John Jones, planter, for “one crown sterling.” It was described as on waters of Haw River, south side of Benajay Creek. Mentions his own corner, Jesse Parker’s line, 300 acres having been granted to John Stewart 22 Oct 1782. John Stewart signed. Jane Stewart made her mark, which appears to be a “D” perhaps a clue to her maiden name? Witnesses were John Peace and Samuel Stewart. (Guilford Co., NC Deed Book 4, p 131).
Since John Jones got this land for practically nothing, that suggests he was a son-in-law, though there may have been other reasons for the good deal.
The above deed to John Jones appears to be the entirety of John’s second land grant from 1782 of 300 acres. He still had some of his 640 acre land grant, minus the 307 acres deeded to Samuel Stewart, meaning about 333 acres remaining. (Jones sold this land in 1787.)
In 1785, Rockingham County was formed from the northern portion of Guilford. A portion of Benaja Creek fell into the new county. The creek now rises in Rockingham, flows southeasterly a very short distance before crossing into Guilford, continuing southeasterly until it joins another creek (not named on maps), then turns north east and flows back into Rockingham where it continues a few miles before joining the south side of the Haw River.
On 24 Feb 1787, John Stewart Sr of Guilford, made a deed to John Stewart Jr of Rockingham for 250 pounds for 333 acres being part of an original grant that John Stewart Sr now lives on. Described as being on both sides of Bennajah Creek (sic). Mentions James Stewart’s corner, Bennett Comb’s corner. At no point is it stated that John Jr is a son of John Sr, but they certainly could be father and son. John Stewart signed the deed. His wife Jean did not, nor was she mentioned, so perhaps she had died by then. Witnesses were William Gibson and Francis Price. The deed was acknowledged in court (by John Sr) in Aug 1788. (Guilford Co., NC Deed Book 5, p. 19.)
This is the first time John was listed as “Sr” which suggests his son John (if indeed his son) had only recently come of age (turned 21).
With the above deed, John Stewart Sr had no more land as far as I’m aware. However, just a few months later, he sold the same land again, this time to his son Samuel Stewart. How do we explain this? First the deed itself:
On 15 Nov 1787 John Stewart made a deed to Samuel Stewart for “one crown sterling” paid by “Samuel Stewart son of the sd John Stewart.” It being the “plantation the said John Stewart now lives on” granted to him 22 Oct 1782. It is 333 acres. The description mentions James Stewart’s corner, Bennett Comb’s corner and has the same metes and bounds as the prior deed, though not worded precisely the same, but clearly the same description. John Stewart signed. Again, Jane/Jean did not. Witnesses were James Stewart and John Jones, the two he had deed the rest of his property to earlier. This deed was proven in court by John Jones in Nov 1788. (Guilford Co., NC Deed Book 4, p. 367.)
What happened to John Stewart Jr’s possession of the 333 acres? Why did it go back to John Sr to be deeded again eight months later? Why did John Sr acknowledge the deed to John Jr in Aug 1788 court which was nearly a year after the second deed was made?
Is it possible the two deeds are for different tracts both 333 acres? That doesn’t seem too likely considering the descriptions. The most likely explanation is that a trade was made of some sort, and John Jr gave the land back to his father in exchange for forgiving a debt or in exchange for something else, and no actual deed was made for it.
There are three John Stewarts to consider on the 1790 census, two in Guilford, one in Rockingham.
1790 Census Guilford Co., NC
p. 494 John Stuart 1-1-5-0-0
p. 495 John Stuart 1-0-1-0-2
1790 Census Rockingham Co., NC
p. 537 John Stewart 1-0-1-0-2
John Stewart Sr may have been at an advanced age by 1790, so it’s entirely possible none of the above are him, and he was instead residing with one of children, thus not listed as head of household. He does not seem to be with sons James or Samuel though. If one of the Johns above is him, which is he? The first John listed in Guilford (p. 494) isn’t near any names known to be associated with John Stewart Sr. The second John (p. 495) has the same issue, no familiar names nearby, making me think neither of these is John Stewart Sr.
The one in Rockingham is next door to James Stewart. I suspect that is John Jr instead of Sr, but it could be Sr. There is one male, one female and two slaves. None of the other neighbors were familiar names, though John Jones was on the same page many houses away.
I can’t say whether any of those three in 1790 is John Stewart Sr, but he was still alive then.
On 17 Nov 1792, John Stewart Senr gave a deed of gift to his son Samuel Stewart for livestock, etc. (No land.) John Stewart signed. Witnesses were Samuel Hill and William Russell. The deed was acknowledged in May 1793 court, meaning John was still alive at that time. (Guilford Co., NC Deed Book 5, p. 420.)
In Guilford Court on 19 Aug 1796, it was “ordered that all proceedings in the case John Stewart vs Patrick Shaw be stopped and that a Sifa Issue to sight (sic) Samuel Stewart to attend next court as the representative of John Stewart Decsd to show cause why the proceedings in the above case should not be set aside.”
This record shows that John Stewart was dead by then. Thus, he died between May 1793 and August 1796.
Unfortunately, I found no Will or Estate records for John Stewart.
However, John and Jean had two sons proven by deeds, James and Samuel, and one son, John Stewart Jr proven by a power of attorney. I also wonder if perhaps John Jones was a son-in-law since he got such a good deal in the 1787 deed from John Stewart Sr. Jones got his own land grant on Benaja in 1788 near the land Stewart deeded him.
∙ John Stewart (c1756-1830) and wife Mary Kerr of NC and SC
∙ James Stewart (bef 1763-aft 1790)
∙ Samuel Stewart (1760/65-1833) of Guilford Co., NC.
∙ Possible daughter married to John Jones before 1785.
For Family Group Sheet and other notes see my database pages for John Stewart and Jean.
Revised: May 23, 2024
Copyright © 1996-2024 Marvin A. Grant, Jr. All Rights Reserved.
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