Land of His Infancy — Kenneth McKenzie b. 1820

KMcKReceiptforInheritance1863
Barbara McKenzie’s favorite sister, Effy McLaurin, died in 1861. She remembered Barbara’s children and grandchildren in her will. Kenneth was likely the only one of Barbara’s sons to actually receive this small inheritance. The date on the receipt, 14 August 1863, may mark as near as we can tell the actual arrival of Kenneth in North Carolina.

Kenneth McKenzie in 1880, working at his carpenter’s bench in Stewartsville, NC, would have been sixty years old. Estranged from his Mississippi family and having outlived his parents and all of his brothers save one, he may have had little inclination to return to Mississippi. Kenneth left that state for North Carolina in 1863 in the midst of the Civil War. Born in North Carolina in 1820, Kenneth revealed in the Duncan McLaurin correspondence an inclination to consider the land of his infancy his real home. On the other hand there must have been warmer if not joyful Mississippi memories: hunting in the pinewoods; political barbecues and counting votes at elections; the warmth and security provided by his hardworking parents, attentive caregivers during his chronic bouts of rheumatic illness; the family at a fireside reading from the long-awaited correspondence of their Uncle Duncan at Laurel Hill.

He may have felt himself entitled to former McLaurin property, since by 1873 he was involved in a failed property lawsuit against his beloved and aging teacher, his Uncle Duncan. The evidence of this is found in the probate hearing for his cousin Owen McLaurin. Over a decade later in 1885, one Kenneth McKenzie purchases land very near the property once owned by his Uncle Duncan in Richmond County, NC near Laurel Hill. Only a very single-minded person would have been motivated in his sixties to recover what he may have thought to be a rightful inheritance.

On the other hand, it is possible that Kenneth may have married and raised a family. His brother, Dunk, writes in 1867, “…he is young with a young wife,” having learned this information from his brother, Allen to whom Kenneth has written a letter. No evidence of his having a wife or children exists. It is strange that Duncan would speak of Kenneth as “young.” In 1867 he would have been forty-seven.

Kenneth working as a carpenter and purchasing land near his mother’s ancestral home in North Carolina is speculation based on evidence that cannot at this time be proved as our Kenneth’s. However, references to Kenneth in the Duncan McLaurin Papers leads one to believe the last decades of his life may have passed as a solitary man. His testimony at the will probate hearing of his cousin Owen McLaurin is revealing. He may have harbored a determination to connect with a tangible manifestation of what he considered his rightful inheritance and home or perhaps a sense of faded youth and family connections.

Civil War Years

KMcKConfArmyDisharge1862

Probate records following the death of his cousin Owen McLaurin place Kenneth in Richmond County, NC in the early 1870s. Evidence from correspondence and Civil War military records show that he left Smith County, MS in 1863 after mustering out of the Confederate Army. Probate testimony reveals that he joined a North Carolina regiment late in the war.

In October of 1861, Kenneth writes to his Uncle from Enterprise, MS on the Mobile and Ohio Railroad, where the Smith County soldiers have deployed, “having embarked on the 30th day of July last as a private in a Company called True Confederates.” Kenneth says he is in Company D. His younger brother Allen is a Lieutenant in Company A, “Yankee Terrors,” of the same regiment, also at Enterprise. An outbreak of measles rapidly depletes the regiment. Having suffered measles in their youth and childhoods, the two McKenzie brothers are safe: “The measles have scourged the citizen soldiery heavily but all are now on the recovery, tho some linger yet, Allen and myself are well … both of us having had measles years ago.” For once Kenneth has managed to remain healthy without a recurrence of his chronic rheumatic condition. After expressing condolences on the death of his mother’s favorite sister, Effy, who has remembered the brothers in her will, Kenneth describes military life at Enterprise:

The roll of the drum the glittering bayonet the Keen

crack of the Mississippi rifle the multiplicity

of Buoie Knives and Colts Repeating pistols Show

that the boys are in for Strife or right we have

received a portion of our pay Each private

at eleven Dollars per month have received

ten Dollars in State or Confederate bonds

What will be the results of our efforts is all unknown

to us at this time tho I will Keep you informed as

much as possible at intervals without any

attention to receipts from you, as the guide to

my correspondence. — Kenneth McKenzie

It is possible Kenneth is waxing poetic regarding the rifles and Colts, since the Confederate Army in 1861 was desperately in need of weapons. So great was the need for weapons, that their brother Dunk had made a number of Bowie knives with leather scabbards and sent them to Enterprise. The “multiplicity of Buoie Knives” is probably accurate since they were easier to come by locally. Following this description, Kenneth adds that he would like to visit North Carolina again, “Should I live to be released from my present responsibilities I shall return to the land of my nativity and mingle with the friends of my childhood.”

Kenneth’s brother John writes from his deployment at Vicksburg in July of 1862 that all were at home except for Kenneth, who was deployed in Alabama near Pollard, on the border of Alabama and Florida. Kenneth is well and perhaps learning, through force, that he can survive traveling long distances under difficult conditions. Heretofore, he has set out on multiple journeys only to return home with either illness or lack of funds as an excuse. By 1862 Kenneth is over forty years old. In an undated letter Kenneth writes that he has been appointed an assistant surgeon to the company, where he will, “use my endeavors to maintain myself or act as not to be censured deservedly.” Evidently, this military life has become a trial for him. Within the Smith County regiment, he transfers from Company D to Company A and then to Company C. In 1863 Dunk writes that Kenneth has, “joined a company of Cavalry for the defense of the state.” Apparently, Kenneth never joined or found a way out of this service, for in 1863 John McKenzie, having survived the siege of Vicksburg, addresses a letter to Kenneth at Uncle Duncan’s in NC.

Brotherly Estrangement and Politics

It appears that in the face of war, Kenneth has begun to mend some of the recent fractures between himself and his brothers. The familial rift appears to have begun with negative reaction to some of Kenneth’s financial endeavors. Kenneth has evidently not always carried his weight on the farm due to chronic illness, but his livelihood appears to have come from the shared family interests in the farm. He also owned his own tract of land in Covington County. By 1860 Kenneth writes that he is living with a friend, James McGill and family.  He describes this situation to his uncle:

I am now living

with James McGill I appreciate the

respect with which I am treated by

himself and family, my health has

been good since the coming in of Septr

last, previously I had a severe attact

of fever from which I have not regained

my standard weight … as

for my self my future is hidden in oblive

iousness and will continue mystified

through life I fear oblivious curtain hides

the future. — Kenneth McKenzie

Earlier in November of 1857, Kenneth sums up some of his financial activities. He has been interested in the railroads that are being built in the state. In August he made a trip to New Orleans and marvels at the speed of the train, “the distance being made in seven hours including the time that was taken in taking the mail at each station, there being 13, if the country was filled up with railroads there would be little use for carriages or any such vihicles … and the travel would be cheaper as the speed is so much greater.” His Uncle Duncan had been involved in bringing the railroad through Richmond County in North Carolina. For these reasons Kenneth expresses an interest in supporting a proposed Brandon and Ship Island railroad. He claims, “If justice is done by the surveying engineer under the present charter the road will come directly through this county.” He follows this speculation with news that he has, “subscribed,” one thousand dollars if it (the railroad), “runs in a certain limit.” This rail line is never built.

Kenneth probably obtained the thousand dollar railroad investment from selling land, buying Spanish horses, and reselling them. Evidently Kenneth was drawn into the horse trading deal by others in Covington County.

I have bot and sold some Spanish horses

they are noted for durability I have made

some money by it, I have it in mind to

take a trip to Western Texas and procure

Spanish mares and mules two of my

neighbors boys both Brothers named Lott

have made the first trip ever made to this

country from Goliad on the San antone River

with a … of 36 Horses part of which

I bought and sold all but two which I

have yet on hand they are severe in their

disposition until tamed and conquered a

man alone cannot make more than a lively hood

by labour  — Kenneth McKenzie

This last line regarding “Labour” is revealing and likely what worries Kenneth’s brothers. Kenneth says he has sold land to enable himself, “to have a surplus to catch tricks with tho not enough to catch many if I go to mexico I shall carry perhaps a thousand dollars which according to the statement of Morgan and Jesse Lott will buy from sixty to 75 Horses or perhaps 100 head.” For all of their adult lives until they marry, the McKenzie brothers have shared the financial vicissitudes of farming. Apparently in the late 1850s Kenneth breaks with this tradition.

It seems that Kenneth’s taking financial risks is not sanctioned by his brothers, although he appears not to have made the trip to Mexico or even Texas. Another brother writes that Kenneth has been spreading rumors about the family. These family conflicts come to a head in November of 1857 when Allen, who Kenneth has described as “the biggest and strongest,” seeks Kenneth out and accosts him.

this morning I was at the lot

gate looking at some sows and pigs all in

peace and harmony when Allen came there

and said that I had to gather up my ponies

and leave a damned loafer I made him

some evasive and perhaps insulting answer

when he caught me by the hair and struck me

several blows before I could extricate myself

from him I have given him no reason for this abuse to me

I shall have him arrested I will not be treated in any such

manner by him or any one else — Kenneth McKenzie

By March of 1858 Kenneth’s brother, Duncan, writes to his uncle that Kenneth is in the carpentering business, but he does not know how long he will continue at that. That carpentering experience could have served Kenneth well in the end, for he may have spent some time working with Hugh McCall’s carpentering business in Laurel Hill, North Carolina.

This rift between brothers was not a sudden thing. It had likely been brewing for many years, even as children. Their father, Duncan McKenzie, remarks that more work is done in the fields when they feel that they have an opportunity to best another. Kenneth himself brags about the times he has outdone his brother Duncan. In 1847 he writes, “tell Uncle John that I shot Daniels Spaniard gun and Duncans shot beat Buchannan I beat him I believe I am the best shot.” Kenneth’s brother Hugh writes that this competitiveness with his brothers reaches into his political opinions as well, “Kenneth has turned Locofoco with all his might and main down on the true American platform and particularly so on his best friends and the McLaurins …”  Kenneth is a Democrat because Daniel and Duncan are Whigs he does a great injury to the intelligent part of this county.” In addition, Kenneth appears to have given his brother Daniel some conflict as Daniel tried to settle up his father’s estate so that they could sell the property. Duncan writes, “you have heard about the trouble he (Kenneth) gave to Daniel in setting up the estate which is now wound up or nearly so.” No more detailed explanation of this “trouble” exists in the correspondence.

Competitiveness  does not quite explain Kenneth’s attitude fully. Possibly some jealousy enters into the equation. In a moment of deep bitterness during Barbara’s excruciating battle with the oral cancer, Kenneth writes resentfully and without mercy of his more successful McLaurin relatives:

Neighbors are generally kind in visiting tho some being close

born are not neighbors for instance the agust McLaurins

who compose the aristocracy of this county and are

amenable to the presbyterian order but they dwell more

on money finances than the immortality of the Soul

… the world they are aiming

to arrive at is flowing with gold and negroes and fine cotton

and comely pairs of fine animals with gaudy decorations …

uncle they do not come to see mother since she has

been afflicted Before then when she was able to trudge

round and prepare fine dinners they were con

stantly on a visiting expedition … — Kenneth McKenzie

Unsuccessful in relationships with family, he also felt thwarted in romantic relationships. Several times Kenneth refers to his attempts to engage in a courtship, but he seems to always come up short. In 1858 his brother Duncan writes that Kenneth has been too indecisive in engaging a Miss Malloy and has lost her to Alexander Magee. Duncan writes, “In regard to Miss MaLoys K says to tell you he is like Jethrew Robins was, Robins was sitting on the fence at the time of the marriage shedding tears on being asked what was the mater he replied Oh she’s gone and I wanted her …” It may have been that later in life Kenneth did marry, though he would have been closer to fifty years old.

During the 1850s Kenneth’s political attitudes are developing but cannot be explained altogether as sibling rivalry. He also readily takes note of the local fear of slave insurrection. If he were becoming Democratic, he probably supported the idea of slavery as a positive good. His brothers were Whigs, who generally justified slavery as a necessary evil. He is quick to report to his uncle the fearful incidents about which he reads or hears rumored. In 1851 he tells the story of a Mrs. Dixon, an acquaintance, and her child of Jasper County, MS who were, “murdered by a Negro man she fell victim to insult from the bestial being, and died defending her virtues and the life of her child.” In a racially charged incident such as this, no innocent-until-proven-guilty or justice-under-the-law existed for enslaved people. Kenneth goes on to report that, “The negro was burned by the citizens on the spot which the crime was perpetrated.” He continues to relate Negro crimes: one attempt to cut the throat of a white man, two negroes engage in murderous conflict. He follows this with the opinion that the “North has become conscience stricken at the servitude of the Ethiopian,” but that has little influence in the South except perhaps to incite slave insurrection. He writes that abolitionism has “implanted in the bosom of Southern people a feeling of contempt and disgust which if not eradicated by generous sentiment and feeling, will terminate in strife and bloodshed.” It would be a decade of this attitude that would culminate in war. In fact, Kenneth returns to this topic in an 1860 letter when he announces that the Governor of Mississippi has requisitioned all organized militia to come to rendezvous at the Capitol because he fears a copy cat John Brown type insurrection. Kenneth contends this:

It would be madness in the extreme

in any Patriotic heart to wish to blast

the foundation of a government

like this, but the intriguing demagogues

and fanatics leaders now in power

as has been the case for years past have

been by degrees undermining the prin

ciples of power which they cannot

reestablish — Kenneth McKenzie

Loss of Barbara McKenzie

In 1855, Kenneth had taken up the task of writing that his mother, Barbara, is ill and near death from what was probably oral cancer. He wrote touchingly of his youngest brother, John, keeping vigil at his mother’s deathbed. It may be that she had been troubled with this cancer for some years as a result of tobacco use. About four years earlier Kenneth wrote that he had tried to quit using tobacco. He had chewed for thirteen years, beginning about a year after the family moved to Mississippi. Ultimately, he failed in his attempt during 1849 but may have been forced to quit during the time of his war service. He describes his early attempt to quit:

I threw the chew I had in my mouth

out taking in no other for over 2 months,

inflammation seized my stomach and lungs

I used every precaution to shun …

and I am now nearly well in the time my

mind became touched or rather lit up quicker

and more sensitive than usual or at

least I imagined this to be the case, my Eyes

have been very sore for several weeks, in fact

some of the time I could scarcely see, they

are better now I hope on the mend — Kenneth McKenzie

After this description and the hopeful news that he is feeling better, he writes in the left margin before mailing the letter, “I have commenced using tobacco which perhaps I shall continue I fear to undertake to quit.” It is possible that service in the Confederate Army during the Civil War may have cured him of this habit, since I imagine chewing tobacco was scarce.

During the near decade since the death of their father in 1847, the McKenzie brothers had remained together supporting their mother on the farm. With Barbara’s loss, the brothers began slowly to follow their own paths. Kenneth seems to have been the brother for whom Barbara’s loss was probably most acute. Anchor-less, without the subtle direction in the presence of a parent, Kenneth’s inability to focus on his future likely intensified up until the outbreak of war, which temporarily settled his future.

Young Adult Years

In May of 1849 at nearly age thirty, Kenneth reveals his lack of focus particularly his indecisiveness about employment. He mentions that Daniel is busy teaching school, Duncan and Allen are strong and able farm workers, Hugh enjoys his wagoning and John is also working in the crop. As for himself he says, “I am at nothing much yet what perhaps I am best fit for.” He follows this with a decision not to join the rush for gold in California because he is looking for something less “laborious” and “arduous.” His Uncle Duncan has suggested  a mercantile business. Kenneth’s excuse is a lack of capital and that he does not wish to work for another. Kenneth grew up on a distaste for what his father disparagingly called “wage working.” Kenneth concludes that, “I am necessarily bound to kick along the best I can,” as if his own actions and decisions had little to do with the matter.

In spite of competition from migrants from the northeastern states anxious to engage in the occupation of teaching in the South, in 1845 Daniel proposed to Kenneth that he try teaching school. Kenneth does but soon quits. Their father assesses the difference between his third son Daniel and Kenneth, the oldest. Daniel, he says, has some experience dealing with people out in the world, but Kenneth reveals himself as, “downright candid plain and honest in sentiment and but little acquainted with the wiley ways of the world but he must learn.” By April of the same year Duncan McKenzie writes, “Kenneth has abandoned his profession of school teaching having served three months, he alleged that it did not agree with him and has come on home to follow the plow.”

When Kenneth turned twenty-one and his younger brother, Hugh, turned nineteen, their father saw fit to give them title to some of his property, anticipating that the young men might prove themselves worthy of making the land prosperous. Duncan McKenzie writes in June of 1841, “Kenneth and Hugh are to have the title of the lower place on condition of their good performance.” It is possible that they did well enough, for land near Duncan’s is in Kenneth McKenzie’s name in 1841. Another parcel of land in Covington County is owned by a Kenneth McKenzie in 1859.

Kenneth was about thirteen when the family moved to Mississippi from North Carolina. Much of his youth then was spent working hard on the farm in between bouts of what his father called Kenneth’s, “rheumatic affection.” From time to time this would keep him out of the fields, though he managed likely to pull his weight and enjoy the pleasures of hunting on the farm. It is Kenneth in June of 1843 who flushes the “tiger” out of the woods that Duncan shoots. Duncan encounters the animal, likely a panther, after he, “heard Kenneth encouraging the dogs smartly.” Kenneth, as mentioned before, took pride in his ability to shoot.

If Kenneth’s life in Mississippi seemed unhappy to him, it was likely due to his own attitude and lack of direction. The war years do not appear to have given him greater direction in his life but perhaps the experience mellowed his outlook.

Kenneth’s Revelatory Testimony at Owen McLaurin’s Will Probate

Among Kenneth’s many first cousins in Richmond County, NC, both McKenzie and McLaurin, his interactions with his cousin Owen McLaurin offer the most revealing factual evidence that exists of Kenneth’s life there. By 1873 at fifty-three years old, he had been in the state for ten years. He had been helping his Uncle Duncan McLaurin with some of his business, living on his Uncle John McLaurin’s farm, where he helped out as well. His Uncle John unexpectedly died in 1864. John’s death was followed by the deaths of all of his children, two daughters in 1867 and his son Owen in 1869. 

On February 14, 1873 Kenneth receives a subpoena signed by Daniel Stewart, Clerk of the Superior Court (CSC). Kenneth is called to appear before the CSC in Rockingham, NC in the lawsuit brought by Duncan McLaurin before his death against John Stalker and his sister Effie Stalker McLaurin, executor and executrix for the will of Owen McLaurin, Effie and Johns’ son. Kenneth’s presence on the farm and the knowledge he might have had about the financial status of the farm at Owen’s death is the reason he was deposed.

Kenneth was not the only person on the written subpoena. It is also addressed to a Lydia Gibson, known in the testimony as Lydia Leak. Evidently, she had been a slave on the McLaurin farm for all or most of her life. She claimed in the testimony to have been “raised” by John McLaurin.

We have access to Duncan McLaurin’s reason for contesting the Stalkers’ execution of Owen’s will. An account written by Duncan McLaurin exists in the Duncan McLaurin Papers. He titles this account, “A true statement of the feigned friendship of John Stalker the Brother in law of my Brother John McLaurin so far as regards his pretended assiduity to my Interest is concerned.” In this document Duncan McLaurin accuses John Stalker and his sister of taking possession of John McLaurin’s property after his death and denying that John had ever made a will. He also accuses the same of usurping property Owen had purchased after he returned home.

In addition, it was generally believed and written in Owen’s will that Owen sold his father’s land to keep it from being confiscated by U.S. federal authorities. When the war ended shortly after the death of his father, Owen did not come directly home. He had been in the service of the Confederate military and feared confiscation of his deceased father’s property, so he elected to live for a time with his McEachin cousin in Canada. Duncan McLaurin’s account confirms that Owen had sold property for three thousand dollars to his cousin Duncan McEachin, who lived in Ontario, Canada.

Owen returned from Canada some time around 1865 and began overseeing his family property. In addition to farming the property, he was involved in the business of hauling cross-ties for the railroad, purchasing wagon gear, two mules, and a horse for this purpose. Some of this property, Duncan claims, has also been assumed by John Stalker. Owen owed Duncan McLaurin one hundred dollars but was only reimbursed half of that supposedly because Owen did not leave enough property to fully cover his debts. Owen also leaves his personal effects to his mother to do with what she will with a stipulation to send the value of some of his personal property to the woman he intended to marry in Ontario, Canada, Jennie McKay. Duncan accuses the Stalkers of using the small value of Owen’s personal effects as the greater evidence of the value of the property. Also the Stalkers apparently  attempt to use Sherman’s raid through the area to make it appear that the property was worth less than it was. By March of 1865 Union General William T. Sherman had captured Savannah, Georgia and had begun burning his way to Fayetteville, NC on his way to capture Richmond, VA. The area of Laurel Hill near Gum Swamp, NC did not escape Sherman’s path. Much property was burned including large amounts of cotton. However, some was saved, this included six bales on the Owen McLaurin’s family farm.

In his will Owen specifically requests that his Uncle Duncan leave any property intended for him to his cousin Hugh McCall, for he is most deserving of it. The story behind this request is that Owen wished, along with his uncle, for the McLaurin family farm known as Ballachulish to stay out of the hands of certain relatives. Some of Owen’s cousin’s had been openly ungrateful for the sacrifices their Uncle Duncan had made for them. This might have included Kenneth but more likely included Isabella Patterson’s sons, who had been openly ungrateful for their Uncle’s sacrifices. It is likely that Owen knew the history of this conflict.

Kenneth’s testimony in the Owen McLaurin probate hearing in the Superior Court of NC begins on October 21, 1872 after “being duly sworn.”

The first question asked of Kenneth is what property remained on the John McLaurin farm after Sherman’s raid swept through. He is also asked how he came to know this information.  Kenneth responds that, “It was mostly my home up to September 1864.” September 1864 is evidently when Kenneth joins the Confederate military again but in North Carolina. After April of 1865, Kenneth had returned from his short time in the military. April would have been the month after the raid, so he was able to describe what was lost. Kenneth continues to list in some detail the property still on the farm including livestock, farm equipment, household items, and corn and cotton that could still be sold.

Question three asks Kenneth to explain how he was so closely acquainted with John McLaurin’s property before and after the raid. Kenneth answers:

I come on a visit to the country. My

Uncles John & Duncan McLaurin wished

me to stay here in this country. John Mc-

Laurin offered to board me while I would

stay and superintend Duncan McLaurins

business. I took up their offer. This is

the reason I was so intimately acquainted

with the property after I quit living at Johns I frequently went there

and staid as long as I pleased and attended

to the stock and made myself as useful as I

could there were nobody but women there when

Owen was gone. — Kenneth McKenzie

John McLaurin and Effie Stalker McLaurin had three living children in 1863 when Kenneth arrived in North Carolina. It is interesting to note here that Duncan McLaurin, during the late 1850s, had been writing to his relatives in Mississippi requesting that someone, perhaps one of his unmarried nephews, might be available to come to NC to help him manage his affairs in his old age. Kenneth’s Aunt Effy McLaurin, unmarried and living with her brother, had died in 1861 and remembered Barbara’s progeny in her will. A receipt found among the Duncan McLaurin Papers is evidence that in 1863, Kenneth received his portion.

In answer to what he knew about Owen deeding his land to his cousin Duncan McEachin in Canada, Kenneth replies that Owen’s purpose in conveying the land to his cousin was to avoid confiscation. Kenneth continues to reveal that Owen had made an offer to Kenneth. His impression was that he would “hold” the land until the danger of confiscation was over. Owen, according to Kenneth, must have been under the impression that Kenneth was an “ante-war man.” That, of course was not the case. The land in Kenneth’s hands would have been just as much in danger of confiscation.

Other information we learn about Kenneth in his testimony is that he went into the Confederate Army from NC, “about the first of September 1864. He also reveals that when he realized baled cotton remained on the farm, he made an offer to Owen to buy the cotton at fifteen cents a pound. Evidently, Kenneth was receiving income from some endeavor. However, Owen sold the cotton to someone else. Kenneth appears to have been keeping up with the price of cotton because he is ready with an answer when asked. He admits seeing the evidence of the Yankee raid and the “heap of cotton” burned but was also cognizant that some property escaped burning. When asked how long he had stayed at the McLaurin farm, Kenneth replies, “I staid under this arrangement during his (John McLaurin’s) life time from Dec 1863 to Sept 1864. I was there a great deal after the raid up to Owen’s death.”

When asked if his Uncle Duncan had talked with him about the pending probate hearing of Owen’s will, Kenneth replied that he had. However, when asked if his Uncle Duncan had offered him anything if he was able to recover something from the estate, Kenneth readily stated, “He did not He didn’t fulfill the promises already made to me.” When asked about earlier promises Kenneth replied, “He promised to give me a tract of land that he didn’t give me.” This answer was followed by asking if Kenneth had sued his uncle in Superior Court for the property worth fifteen hundred dollars. He replied that he had, that he was the only witness on his own behalf, and that he had received nothing from the litigation.

Under cross examination Kenneth is asked again under what terms he was working for his uncle. Kenneth replies that he, “was to take charge, make a support for Uncle Duncan and Aunt Polly (Mary) and I was to have the balance that was made.” Kenneth adds that he never received the “balance,” and that was the subject of his lawsuit.

Evidently, Duncan McEachin visited the area and left in the fall of 1867. This was about the time Owen was talking to Kenneth about preventing confiscation of his land. It is important to note that Kenneth was honest about his inability to hold the land due to his own service in the Confederacy. To have family land in his possession would have meant a great deal to Kenneth.

Lydia Leak’s testimony at the litigation is very short and is not consistently recorded word for word. Others who testified as to Owen’s property were L. Ross Hardin, who sold Owen the wagon gear, mules, and horse for the cross-ties hauling, a business that Owen shared with Gilbert M. Morrison. Owen’s cousin Hugh McCall, who inherited Duncan McLaurin’s Ballachulish property, also testified at the hearing and stood in for his Uncle’s interest. McCall’s testimony provides the larger portion of the information. In the end it was found that John Stalker and his sister had inherited enough property to pay all of Owen’s debts, and John Stalker was required to do so.

JohnFairlyProbate1887
A lost deed calls into question the transfer of a tract of land from Duncan McLaurin. This has resulted in a dispute over ownership, which requires the possible heirs of Duncan McLaurin to be notified. Listed here are his nephews, nieces, and some of the children of those deceased by 1887. Kenneth is listed here, indicating that he may have been still living in 1887.

Though the testimony Kenneth gave at this hearing outlines Kenneth’s activities from the time he left Mississippi in 1863, it does little to reveal whether or not he is the carpenter living alone in the 1880 census or whether he finally did purchase land at Gum Swamp.

JFairlyProbate1887
Advertisement for the John Fairly property hearing in 1887, which lists Allen as the only living of Duncan McLaurin’s McKenzie nephews. Kenneth is not listed here, though his name appears in the actual report of the litigation.

The last information I have found regarding Kenneth is his being listed in a probate hearing of the estate of John Fairly, to whom Duncan McLaurin had sold some property. Evidently, a lost deed had caused some contention over who actually owned this tract of land. The estate record in North Carolina Superior Court of September 1887 lists all of Duncan McLaurin’s heirs who might have an interest in the property. All of the living descendants of Duncan McLaurin’s married sisters are listed. The list includes Kenneth and his brother Allen, though the heirs of their deceased brothers were listed with “names and places of residence unknown.” Daniel had died in 1861, John in 1865, Hugh in 1866, and Duncan in 1878. However, the news clipping in the Fayetteville Observer announcing this same Superior Court hearing does not include Kenneth’s name. Unfortunately, we are left wondering if he was alive or deceased in 1887.

 

 

 

SOURCES

Barrett, John.”Sherman’s March.” NCpedia.2006. Accessed 11 December 2018. https://www.ncpedia.org/shermans-march.

Bridges, Myrtle N. Estate Records 1772-1933 Richmond County North Carolina Hardy – Meekins Book II. Brandon, MS Genealogy Room. “Duncan McLaurin – 1872,” “Effy McLaurin -1861,” “John McLaurin – 1864.” Franklin, NC Genealogy Publishing Service: Angier, NC. 2001.

Bridges, Myrtle N. Estate Records 1772-1933 Richmond County, NC Adams – Harbert Book I. Tennessee State Archives. “John L. Fairley – 1862.” Franklin, NC Genealogy Publishing Service: Angier, NC. 2001. 412, 413.

Census Record Year: 1880; Census Place: Stewartsville, Richmond, North Carolina; Roll: 979; Family History Film: 1254979; Page: 406A; Enumeration District: 173; Image: 0295. Kenneth McKenzie.

“KMcKenzie.” Compiled Service Records of Confederate Soldiers Who Serve in Organizations from the State of Mississippi. Fold3. https://www.fold3.com/image/72254105. Accessed online 23 May 2016. Original Source: National Archives.

Letters from Kenneth McKenzie to his Uncle Duncan McLaurin. 29 April 1847, May 1847, 17 September 1847, 16 December 1847, 14 October 1848, 11 December 1848, 1 May 1849, 29 July 1849, 14 September 1849, 13 April 1851, 19 April 1855, 29 December 1856, 15 September 1857, 1 November 1857, 1 January 1860, 11 July 1860, 23 October 1861, Undated Letter probably 1861 or after. Boxes 1 & 2. Duncan McLaurin Papers. David M. Rubenstein Rare Book and Manuscript Library. Duke University.

Letters from Duncan McKenzie to Duncan McLaurin. April 1837, June 1839, March 1842, December 1842, June 1843, February 1844, March 1845,  April 1845, November 1845, January 1846, February 1846.  Boxes 1 and 2. Duncan Mclaurin Papers. David M. Rubenstein Rare Book and Manuscript Library. Duke University.

Letters from Hugh L. McKenzie to his Uncle Duncan McLaurin. 5 April 1853, July 1855, September 1859, December 1859, September 1863. Boxes 1 & 2. Duncan McLaurin Papers. David M. Rubenstein Rare Book and Manuscript Library. Duke University.

Letters from Duncan McKenzie to his Uncle Duncan McLaurin. November 1855, March 1858, October 1858, September 1861, February 1862, January 1863, May 1863, June 1864, February 1867, April 1867. Boxes 1 & 2. Duncan McLaurin Papers. David M. Rubenstein Rare Book and Manuscript Library. Duke University.

Letter from John McKenzie to his Uncle Duncan McLaurin. July 1862. Boxes 1 & 2. Duncan McLaurin Papers. David M. Rubenstein Rare Book and Manuscript Library. Duke University.

Letter from John McKenzie to his brother Kenneth McKenzie in care of his Uncle Duncan McLaurin. September 1863. Duncan McLaurin Papers. David M. Rubenstein Rare Book and Manuscript Library. Duke University.

North Carolina Superior Court Richmond County. Spirit of the South. Rockingham, NC. 17 December 1887. Saturday. 2. Accessed from newspapers.com 7 March 2017.

Wills, 1663-1978; Estate Papers, 1772-1933 (Richmond County); Author: North Carolina. Division of Archives and History; Probate Place: Richmond, North Carolina. Accessed 4 December 2018. Ancestry.com.

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