Temperance aka "Tempy" Russell, a seamstress and single mother, who lived in the small but growing town of Albemarle, North Carolina during the latter half of the 19th century until a little past the turn of the century, owned a little plot of land and left a will, that shows a little glimpse into her personality.
She took care of her family, in a time when it was very difficult for a woman without a husband to do. And when it was time for her family to take care of her, she made it clear in her will who had and who had not.
Tempy's will comes in three parts: The first part is that of witness statements testifying to the validity of the will. The second part is an addendum from A. P. Harris, the clerk of court accepting the will as authentic, and the last part is the will and the words of Tempie Russell herself.
The first two sections are merely legalese, and far too lengthy and boring to repeat word for word. Yes, I said it...boring...withall and hereto of the first part etc. etc. ad infinitum. They basically state that A. P. Harris, Clerk of Superior Court, who is also involved with the family in a land transaction, has before him a piece of handwritten paper purported to be the will of Tempie Russell. It has a date of February 22, 1908 and two witnesses, M. S. Smith and Ada Hathcock,who both testify, sign and seal to the statement, that they were present at the writing of the will and verify that it is actual and true and that no one coerced Tempy into writing it, and that she was also in her right mind, or "of sound mind and memory and of full age to execute a will".
And now for Tempy's will:
State of North Carolina Stanly County I Tempy Russell of the aforesaid county and state being of sound mind and memory, but feeble in health and knowing that my earthly existence according to my age is drawing to a close, and being desirous of disposing of what worldly effects I possess while I am living, make and declare this to be my last will and testament. In manner and form as follows: Viz First I desire that my executor hereinafter mentioned shall provide for my body a decent burial suitable to the wishes of my relatives and friends. Second I will and bequeath to my granddaughter Eva Eveline Eudy, wife of John Eudy all my personal property consisting of Household and Kitchen furniture now in the house where I live and all the house and lot where I now live. Being in the South side of the lot deeded to the said Eva Eveline Eudy, dated April 22, 1901, containing one half acre, more or less. Third This last devise, item second, is made to the said Eva Eveline Eudy, with the proviso that John Russell, my son and Sallie Russell, his wife, have a house there as long as both of them shall live, and with the understanding that the said Eva Eveline Eudy and her husband, John Eudy, see that they, the said John Russell and Sallie Russell, is provided for and taken care of during their natural lives and at their death, see that they are decently buried. Fourth My will and desire is that all of the property devised to the said Eva Eveline Eudy be hers to have and to hold during her natural life and at her death, to her bodily heirs, if she has any. If she has none, it is to be hers to will and to do with as she sees fit, provided however, that she comply with Item Third of this will. Fifth I will and devise to my grandson William Henry Russell, son of William Henry Russell, late of Augusta, Georgia, one dollar to be paid to him by my executor, When called for. I make this difference between my grandchildren for the reason that the said William Henry Russell has never lived in this part of the country and has done nothing for me, and I hope he is able to live without it, and for the reason that the said Eva Eveline Eudy, and her father and mother, has always lived with me, or near me, and have administered to my wants, in so far as they were able, and always treated me with respect and affection. Sixth I hereby nominate and appoint my friend S. H. Milton, my executor to this, my last will and testiment, to do and carry out to the true interest, and meaning, every part and clause of this, my last will and testament, In witness thereof, I hereto set my hand and seal this 22 day of February, A. D. 1908. Tempe (her mark) Russell In the presence of us who at her request and in her presence subscribe our names as witnesses. M. S. Smith Ada Hathcock
So, Temperance Russell has given us a surprise in her will. It was only thought that she had one son, John A. Russell, who married Sarah "Sally" Carter. According to her will, she had another son, William Henry Russell, who had a son, William Henry Russell.
So, here are the hints Tempy gave us:
One, her grandson has never lived in this area.
Two, in 1908 he was in Augusta, Georgia.
Three, William Henry Russell, Sr., was not living in 1908.
Four, we also know that William Henry Russell, Sr. was not living with Tempy in the 1860 census, or any of those afterwards.
So where was William Henry the first in 1860? Where were Tempy and her boys in 1850? When and why did he migrate? When was he born and when did he die? Who was his father? Was he also a Melton?
So, the search for William Henry Russell is on, along with the origins of mother Tempy and also the origins of Sallie Carter Russell's father, Marcus P. Russell.
Tempy also referred to S. H. Milton as her friend. S. H. Milton was the son of Henry Harrison Milton/Melton, affectionately referred to as "Bud" in his father's letters.
Samuel Houston Milton served in several legal, political and business capacities in turn-of-the-century Albemare. Around the time of Tempie's will, he was the Mayor. Tempie evidently had strong ties to the Melton family. Can I find any more trace of her or her sons?
Farm and Haybales in Stanly County, NC from learnNC.org.
In researching Miss Temperance Russell, who was born sometime during the 1820's, most likely, within a range of 1817 to 1830, as given in the census records, I found that she owned a small tract of land, listed as one lot, in the early tax records of Stanly County, so with that fact in hand, I went to find mention of her in the County Deeds. It turns out, she bought her little plot of land from Davidson Hearne. The Hearne's were the family who donated the land for the fledgling town to be built upon and the courthouse to be erected on. The family was a most important one in the early running and business affairs of the town and county. Davidson Hearne, Eben Hearne, Nehemiah Hearne, are all names found heavily throughout the early records in various offices, land dealings and business matters. Tempy Russell was the mother of a son, John A Russell, with James R. Melton, another Albemarle businessman, who was a partner of Davidson Hearne in multiple ventures, and who named one of his sons, Davidson Hearne Melton. Instead of upload a nearly illegible scribble from the computer, I will include the important portions of these documents in this post. Davidson Hearne to Tempy Russell This indenture made this 9th day of February, 1857 between Davidson Hearne of the county of Stanly + state of NCarolina of the first part and Tempy Russell of the County and state aforesaid of the second part, witnesseth that for and in consideration of the sum of twenty dollars to the said Davidson Hearne paid by the said Tempy Russell the receipt whereof is hereby acknowledged the said Hearne hath bargained granted and sold......beginning at a pine stump a corner of the big survey and by 3 white oaks and a red oak and runs to 6 ??? with a line of said survey 13 poles to a stake by a large spanish oak + sourwood, thence so. 13 poles...(13 poles square in each direction) containing one acre to have and to hold the aforesaid tract of land,,,,signed sealed and delivered in presence of D. A. Underwood. The execution of the foregoing deed from Davidson Hearne to Tempy Russell was this 6th day of February, 1869 proved before the undersigned probate judge for said county by the oath and examination of D. A. Underwood the subscribing witness thereto, therefore let this acre and certificate be registered. J M Redwine. There are sales of property around Tempy, of ever-changing neighbors, in which she is named. I am sure I have only found but a small number of these. H. W. Spinks to T. E. Nash Stare of North Carolina, Stanly County This deed made this 20th day of June 1881 by H. W. Spinks and wife Lucy Spinks .....to T. E. Nash...a tract of land .... adjoining the lands of Tempy Russell, W. H. Hearne, W. F. Hearne, and H. W. Spinks, bounded as follows. Viz. Beginning at a stake Tempy Russell's second corner runs so 13 poles with Tempy Russell's line to a stake at her third corner, hence south...containing one half acres more or less... T. E. Nash to J Marshall This indenture made this 24th day of January in the year Eighteen hundred and eighty-two between T. E. Nash and wife Bettie E. Nash....and Joseph Marshall...beginning at a stake in Tempy Russell's second corner and runs so 13 poles with Tempy Russell's line to a stake her third corner...W. F. Hearne, containing 1/2 acres or less... N. J Marshall to John A. Moody 9th day of July, 1887...a tract of land in Stanly County..on the waters of...near Albemarle... and joining the lands Tempy Russell, H. W. Spink and others...viz...begining at a stake - Tempy Russell's second corner..etc. ...the aforesaid Norra J Marshall. H. W. Spinks and wife to O. D. King, M.D. ..made the 8th day of March in the year of our Lord Eighteen hundred and ninety...between Henry W. Spinks and wife Lucy J. Spinks of the county of Union....and O. D. King...adjoins the lands of Mrs. Watkins and others...beginning in Russell's line, H. W. Spinks corner, ...stone at Russell's corner...to a white oak near the forks of the road...thence with the road...Russell's corner..thence with his line..to the beginning containing 4 acres.. Dr. O. D. King and wife to T. C. Hearne ...made the 27th day of January...1898...G. T. Dunlap's old line..J. A. Moody's corner..Tempy Russell's line...to a planted stone on Tempy Russell's corner... John A. Russell, son of Tempy, was obviously considered the owner of the property in the one deed above, however, Tempy's property would not be the only one that John and wife Sallie Carter Russell would inherit. This indenture, made this the 20th day of July, 1895 between John A Russell and wife Sallie E. Russell and W. W. Kearns, for the sum of 12 dollars...It being the one third undivided interest, now owned by the said John A. Russell and Sallie E. Russell in and to the following lands to wit: Beginning at a stake by 2 small hickory's, J. M. Parkers corner, ....to a post oak in the Wm. Forrest line..with the Jordan line....containing 75 acres more or less and known as the Marcus Carter lands, now adjoining the lands of William Forrest, deceased, J. M. Parker, Dupree Clodfelter, Thomas Mills and others.
But back to Tempy, she wanted to make sure her grandchild, Eva Evelyn Russell Eudy, had a home. This Indenture, made the 22nd day of April, In the year of our Lord, One thousand nine hundred and one ...Tempy Russell of the first part and Eva Evaline Eudy, during her natural life and after her death to her bodily heirs, of the second part....in consideration of the sum of 300 dollars....in the town of Albmarle and known as a part of the Tempy Russell lot, bounded as follows, to wit: ....stump on T. C. Hearne's lot, running with the old line...containing one half acre, more or less. Then 8 years later, Eva Evaline sells her half-arce, This Indenture, made the 12th day of February, in the year of our Lord one thousand nine hundred and nine between Eva Evaline Eudy and John Eudy.... and M. F. Little...pine stump in T. C. Hearne's corner...a corner of the Big Survey...containing one half acre more or less.... The same being the lands conveyed to the said Eva Evaline Eudy by Tempia Russell on the 22nd day of April, 1901, and recorded in Book No 25 of Deeds for Stanly County. Also see deed executed by Davidson Hearne to Tempia Russell dated Feb. 9th, 1857 and recorded in the office of the Register of Deeds for Stanly County in Book No 6, on page 209. Then after Tempy died in 1911..... This indenture....7th day of August...1912...between John Eudy and wife, Eva Evaline Eudy, John Russell and wife Sallie Russell....on the first part and U. P. Harris on the second part...twelve hundred dollars...In the town of Albemarle joining the lands of J. R. Moss, L. A. Moody, M. F. Little and others, to wit: Beginning at an iron pin or stake at the South West corner of the lot conveyed by Eva Evaline Eudy to M. F. Little....being the same lot conveyed by Tempe Russell to Eva Evaline Eudy by will prior to her death which will is recorded in Book of Wills in the office of the Clerk of Superior Court of Stanly Couty, pages 532-533; and said lot also being the Southern half of the vere lot conveyed by Davidson Hearne to Tempe Russell by deed dated February 9, 1857...book 6 page 209..the said John Russell and wife Sallie Russell hereby join in the execution to this deed and quit-claiming to A. P. Harris the grantee herein named their right to have a home on said lot of land as long as they both shall live and for the purpose of expressly waiving releasing and ...executed February 22, 1912...recorded in the book of wills on or about the 10th day of June 1908 on pages 532-533. And with that, Tempie's little piece of land passed out of the hands of her family into the hands of a businessman. Today, the lot once occupied by the Russell's is likely under a store building or municipal office. That is unknown. The closest location to be estimated on where she lived in near the current location of the Albemarle Sweet Shop at 128 King Avenue. It is guessed Dr. O. D. King owned or lived on part of the lot and it is known that members of the Hearne family lived in the house beside the Lutheran Church and across from the present courthouse, now preserved by being turned into an attorney's office. Tempy left a will. In my next post, that will be featured.
The rolling hills of old Stanly County, North Carolina was full of stories, and that of Tempie Russell was but one of them. Temperance "Tempie" Russell became a member of the Melton family of Stanly County in an off-handed way.
It begins in the middle, with the marriage of 26 year old John Russell to 24 year old Sarah Carter on November 1, 1874 by Justice of the Peace, S. S. Stone.
Miss Carter gave her parents as Marcus and Nancy Carter. John Russell gave his parents as J. R. Melton and Tempy Russell.
Marcus Carter was a close friend of Henry Harrison Melton, as provided by Henry's Civil War correspondence before his death.
Marcus P. Carter started on the Montgomery County side of the Yadkin River and by 1860, had moved to the Stanly County, or west, side. He would also serve in the Civil War, but survive it, unlike Henry H. Melton.
The first time that Temperance "Tempy" Russell, mother of John Russell, shows up in Albemarle is in the 1860 census, with her young son John "A" Russell.
She is living in the Albemarle Post Office District, following the Stephen and Dicy Saunders family and before Nancy Solomon and her family. One of the Solomon's, Fanny, had married Jarrett Russell. It's not yet known if Tempy was related to that family.
Ten years later, Tempy (the transcriber wrote "Pompey") is shown as keeping house while her son is a Shoemaker. This trade ran rampant in the Melton family. Joseph Melton, especially, followed the trade of shoemaker. Perhaps he taught John Russell the trade.
By 1900, Tempy is the Head-of-Household with her son, daughter-in-law, their daughter Eva Evelyn and her husband, John Eudy.
Tempy is not listed in the next census if 1910. She is buried in the Old Albemarle Cemetery, otherwise known as the PeeDee Avenue cemetery. The dates on her tombstone are illegible, but it says "Tempy Russell". She is buried near her daughter-in-law, Sarah Carter Russell.
Eva has left her husband, John Eudy, by 1910. She alone, is living with her parents, along with a boarder, Bob Hatley. The next year, Eva Evelyn Russell Eudy, obtains a divorce from her husband John Eudy.
By 1911, she married Ed Harbison. This marriage had obvious problems as well, as by 1920, Ed is living with his sister Martha and her husband, Frank Herndon, along with their younger brother William Roy Harbison and a 9 year old girl, Dora, listed as a niece. Ed's marital status is given as "Divorced" and Roy's as "Widowed". However, on Eve Evelyn Russell Eudy Harbison's death certificate, she is listed as married, and the informant is none other than Ed Harbison.
EvaEHarbison
Age:
38
Date of Birth:
1889
Date of Death:
18 Mar 1927
Death County:
Cabarrus
Death State:
North Carolina
Source Vendor:
NC State Archives. North Carolina Deaths, 1908-67
Eve and Ed are buried together at Greenlawn Cemetery in China Grove, Rowan County, North Carolina.
Eva died of pneumonia at the age of 37, while Ed went on to remarry, become a father, and live to the ripe old age of 66, where he died of heart trouble. He and his brother Roy, whose family had migrated from Tennessee to this part of North Carolina, married Laura and Lillie Mary Mates, sisters whose family had migrated up from Georgia.
So, the story of Tempy Russell, just from the progression, seems nothing out of the ordinary, just a woman who had a son, who had a daughter and that is the end of the tale. But Tempy was anything but an ordinary lady. Records clearly show an air of mystery surrounding her and then there is her relationship with the practical and resourceful, if not somewhat arrogant and stern, James Roberson Melton.
Tempy, when we are sure it's our Tempy, shows up first in the 1860 census of Stanly County. She is living in the tiny town on three hills, called Albemarle, on Long Creek in Albemarle, part of the old Hearne plantation. Business man James R. Melton had a very close relationship with the Hearnes, and that is another story on its on. He was one of the youngest of what I'll refer to as the second generation of Melton's and my theory is that he was still underage when his father died, so he may have been 'bound out', as an orphan, or half-orphan, to one of the Hearne's, who aided in his raising and his start in business, but those records would have been recorded in the burnt county of Montgomery, prior to the birth of Stanly in 1841, and are forever gone. All that there is definite proof of is his close relationship with the Hearne's, and his business partnerships with them.
In 1860 Tempy is listed as Temperance, age 38, by profession a Seamstress, living with her 13 year old son, John A. This census would give her a birth year of 1822, and John Russell a birth year of 1848.
Tempy is not found in Albemarle in the 1850 census, when her son would have been a toddler. 1848 is also the year that James R. "Jim" Melton married his wife, Mary Ann Kirk.
In the 1850 census, after John Russell was born, Jim Melton is shown in the town of Albemarle, listed as a Shoemaker, which was a common profession in the Melton family, most notably for the oldeset son of John Melton, Sr. , Joseph Jr.
Living with Jim is his bride, Mary Ann, and their first born son, Davidson Hearne Melton. They were living right next door to Davidson Hearne, for whom Davidson H. Melton was obviously named for. Other neighbors were Richard Carter, Wiley Hutson, and carpenters, Henry H. Melton, his wife Martha Kirk Melton and Robert T. Melton and a one year old Julia A. Melton and Mary Melton, mother of Robert and older sister of Henry.
By 1860, James R Melton is still living in town, but is now a grocer and he and Mary Ann have added a daughter, Ellen Douglas Melton and another son, William Thomas, to the family. Living with him, or possibly in a small house next to him and between he and Davidson Hearne, is Charlotte Melton, also seen in records as a single woman.
A drawn map of Albemarle in 1860 showing location of the Jim Melton family.
But to determine exactly when Tempy Melton was born as well as her son John, we must look at each census she shows up in and see if they agree, or the range they put her in.
1860 has her being born in 1822. In 1870, it gives her age as 53 and her birth year as 1817 and John's age as 22 and birth year as 1848, in agreement with 1860, and his profession as a "Shoemaker", the same as an 1850 Jim Melton. Tempy is a housekeeper by 1860.
In 1880, John is still a shoemaker, his birth year is given as 1848 still, he is married by then, but his mother has gotten much younger, her age given as 50, with a birth year of 1830.
Twenty years later, in the 1900 census Tempy is now listed as 76, with a birth year of 1824. John remains with a birth year of 1848, and a birth month of May. He is now a Harnessmaker, and his daughter Eve and her husband John Eudy, a house carpenter, are living with he and Sallie and Tempy, apparently in the same little house in the same location.
So while John A. Russell's birth year remains a consistent 1848, his mother Tempy's ranges from a high of 1817 to a low of 1830, a difference of 13 years.
Sallie Carter Russell lived to have a death certificate and names her parents as Nancy Marks and Marcus P. Carter. The origins of Marcus P. Carter are as mysterious as those of Tempy Russell.
There are a number of tax records available in the Heritage Room at the Stanly County library. One of them, from 1865, just after the end of the Civil War, lists "Miss Tempy Russell" owning "1 lot" with a value of $50, in District 9.
A decade earlier, in 1856, James R Milton is listed as owning "4 town lots" in District 9, but the only Russell's in District 9 are an Isaiah Russell with 75 acres valued at 100 dollars and an Elizabeth Russell with 95 acres valued at $200.
Another later tax book lists Tempy Russell with one lot, no age. Isaiah Russell with 228 acres, age 53 and J E Russell with 22 acres. This may have been Tempy's son John whose middle initial kept changing from A to E to H.
So Miss Tempy, who owned a little plot of land, must have a deed in the land records, and certainly enough, she did.
"Davidson Hearne to Tempy Russell.. This Indenture made this 9th day of February, 1857 between Davidson Hearne of the County of Stanly and state of NCarolina of the first part and Tempy Russell of the County and State aforesaid on the second part" Davidson Hearne, partner, neighbor and associate of Jim Melton, sold to Tempy Russell, mother of a son with Jim Melton, a parcel of land. Who was Tempy to Jim Melton and Davidson Hearne? Who were her parents? As her son was born in 1848, she should have been some where neaby in 1850. Did Jim Melton teach his son the trade of Shoemaking? Next, a look at Tempy's little piece of land.
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