The James Homestead on Brushy Creek off of Johns Creek in Floyd County, Kentucky. Samuel James and his sons built these houses. This area was known as Thomas, Kentucky. As you can see it is on the Pike County/Floyd County line. In fact, there is a little bump in the boundary which basically takes in the area where the James and Priests lived.
Sarah Charles’ Father was Hans Michael Charles who immigrated from Germany in 1752. He was naturalized in Rowan County, NC on 22 Sep 1763. His will was probated in 1813 in Orange County, NC and lists his children including Sarah Charles, decreased who married Samuel James of Floyd County, Kentucky as his heirs. In addition I now have a copy of the 1828 settlement papers from the North Carolina Archives for Sarah Charles’ heirs when her Father Michael Charles died in Orange County, North Carolina in 1813. It clearly states that Sarah Charles was Samuel James’ wife and that she had six children: Elizabeth, James, Isaac, Abner and Celia. For more information about Hans Michael Charles go to the Charles Family page.
Here is the link to Michael Charles probate papers regarding his daughter Sarah Charles James’ heirs which I got from the North Carolina archives. It is about half way down the page under who is Sarah Charles’ Father.
“Sarah Charles married Samuel James, in North Carolina probably about 1797. She died before 1810 in Virginia, probably in Russell County at, or near, the home of her brother George Charles, as she and her family were on their way to Kentucky. It is possible she died in childbirth, or of complications resulting from childbirth. It appears that an infant child of Sarah and Samuel James might have been left behind with some of her family. Samuel James arrived in Floyd County Kentucky several years before George Charles and his family.” Source: Ron Charles.
We also know that in the October Court 1816 Floyd County that Samuel went to court to become the guardian of his three children under the age of 14 – Abner, Daniel and (sic) Ceilia, and that his two children over the age – John and Isaac chose Samuel to be their guardian.
Floyd County Court October Court 1816
“On the motion of Samuel James his two children John James & Isaac James, who are above the age of fourteen years have in presence of the court chosen said Samuel James as their guardian in common, and on motion of said Samuel James he is by the court appointed guardian in ? of Abner James, David James & Celia James, infants, children of said Samuel James by his first wife, Sarah James late Sarah Charles. Whereupon he together with ? Garrott his security entered into and acknowledged this bond in the penalty of $150 conditioned agreeable to law.”
I think this is where the Frederick James’ researcher got that Mary Elizabeth was born in 1895. I think they assumed that since she wasn’t listed she was over 21 so she would have had to have been born in 1895. However, based on the census from the preceding page I suspect she was born about 1802. For a copy of the actual court document go to the James Document. page.
“On the motion of Samuel James, his two children, John James, Isaac James, who are above the age of 14 years have in presence of the court chosen said Samuel James as their guardian in common, and on motion of said Samuel James he is by the court, appointed guardian of Abner James, Daniel James and (sic) Ceilia James, infant children of said Samuel James by his first wife, Sarah James, late Sarah Charles, where upon he together with Elimelech Garrott his security entered into and acknowledged their bond in the penalty of $150.00 conditional agreeable to law.” Source Floyd County Document.
I know know that this has to do with the children appointing Samuel to be their attorney in the settlement of their grandfather’s estate.
Orange County Estate Records. Folder 1754.144 Charles. State of North Carolina. Page 10
Now all men by these presence that whereas Michael Charles late of Orange County in the State of North Carolina some years since died Intestate possessed of a large Estate in North Carolina and whereas previous to the death of the said Michael Charles[,] Sarah Charles a daughter of the said Michael Charles enter-married with Samuel James now of the County of Floyd and State of Kentucky and that the said Sarah James wife of Samuel James aforesaid late Sarah Charles had the following children by the said Samuel James her husband (to wit: John James[,] Isaac James[,] Abner James[,] Daniel James[,] Selea James[,] and Elizabeth James now Elizabeth Justice, and died previous to the death of the said Michael Charles decd her father of Orange County[,] North Carolina aforesaid leaving her children aforesaid as her legal heirs and lawfull representatives who are entitled to inherit on the part of the said Sarah James late Sarah Charles daughter of the said Michael Charles decd as aforesaid of Orange County[,] North Carolina aforesaid all and every part or parcel of any legacy or Estate that the said Sarah their Mother now decd as aforesaid would be entitled to was she now living from the Estate of the said Michael Charles deceased as aforesaid of Orange County and State of North Carolina. Now know ye that we John James[,] Isaac James[,] Abner James[,] Daniel James[,] Celea James, [,] James Justice and Elizabeth Justice his wife late Elizabeth James all of the County of Floyd and State of Kentucky constituted and appointed and do by these presents constitute and appoint Samuel James of the County of Floyd and State of Kentucky our true and lawfull attorney in fact for us and in our names and for our proper use and benefit to ask demand receipt for and receive and to sue for all and every part or parcel of any estate either real or personal that is in any wise due and coming to us from the Estate of the said Michael Charles decd as aforesaid of Orange County of North Carolina from any person or persons that may have the same in their ? or possession or that may be in any wise in law liable to pay the same and we also authorize and empower our said attorney to accept and receive on our parts any part or parcel of land or lands that would on a fair decision be leaving to us from the Estate of the said Michael Charles decd as aforesaid in weight our mother Sarah James late Sarah Charles deceased as aforesaid and all and every such tract or tracts or parcel of land or lands we hereby authorize and empower our said attorney to sell and convey by a proper deed with general warranties of he shall think proper to any person or persons he shall think proper for the best price he can get or for any price our said attorney may think proper and we also authorize and empower our aid attorney to use and make use of our names and proper seals to any such deed or deeds or to any bond or bonds receipt or receipts or any other instrument of writing by what ever name it may be called that may be necessary or required by law to enable him to get any part or parcel of said Estate that may be lawfully coming to us into his possession and we also authorize our said attorney to a just born premise settle or arbitrate any controversy that may arise in which our right or interest has been or is or any be concerned in the claim we have to our part of said Estate and in all other respects we give our said attorney as full and ample power as we would have were we personally present our release to collect said estate or part that may be coming to us and whatsoever our said attorney shall lawfully do in the premises aforesaid we will and hereby do ratify and confirm to all intents and purposes whatsoever as fully as if we were personally present and do the same ourselves with our own proper hands and ? in proper persons.
So, we can assume that the children got a settlement from the estate.