Full Estate Records of Henry Pettit Sr 1763-1838

By Brandon

Henry Pettit Sr’s “Lost” and Found Estate Records

The 1838 will of Henry Pettit Sr., of Rutherford Co., NC had been widely distributed among
researchers for years. The fact that he left a will meant that there should have been some
associated estate records, yet we had no copies in circulation. After reviewing the relevant
microfilm in search of the “missing” records, two things were apparent:

  1. There were no estate records for Henry Pettit Sr. on the microfilm records for Rutherford County;
  2. There appeared to be a gap in all the Rutherford Co. estate records from 1835-1840.

Suspecting a record loss of some sort, in 2021, I wrote to The Genealogical Society of Old Tryon County to inquire if they knew the reason for the loss. I received a surprising response from Mr. Miles Philbeck, editor of The Bulletin of the Genealogical Society of Old Tryon County.

Mr. Philbeck stated that these records were not lost, but, for reasons unknown, the particular record book they were in was skipped over when the records were originally microfilmed. The digital records available online were based on the microfilm so they are missing there as well. The original book is safely intact in the state archives in Raleigh., NC. Mr. Philbeck was aware of this because he had photographed the entire volume and abstracted it for their genealogical society.  He was kind enough to send me copies of all the pages which were relevant to the estate of Henry Pettit Sr. They are presented below including a word-for-word transcription. A PDF copy can be downloaded here.  Please feel free to download this file for your records and distribute as needed.

Brandon Pettit, The Pettit Research Project, Oct 28, 2023

The Estate Records of Henry Pettit Sr.

Historical note:  The will was presented in open court and the witnesses gave oath that it was authentic.  John Pettit, youngest son of Henry Pettit Sr., was made executor of the estate as requested in the will.  John had been entrusted with the care of his mother, Ann (Poole) Pettit.  Henry Pettit Jr., and his family had already moved to Ellijay, Gilmer Co., GA.  After disposing of the estate in Rutherford Co., NC, John Pettit and his family, including his widowed mother, would join the other Pettits in Georgia.


Henry Pettit Sr. Estate Records. John Pettit made executor.


A proper writing proposing to be the last will & testament of Henry Pettett [sic] Senr. decd. was presented in open Court for probate & was proved by the oaths of J. S. Ward & William Elliott their seals containing witnefs thereto in the usual form- It was then ordered to be records as a genuine instrument, and the executor have leave to qualify.  John Pettitt the  executor named therein, then, was duly sworn & took on him-self the *** thereof.

John Pettit was then allowed an order of sale of the estate.

Henry Pettit Sr. Estate Records.
John Pettit allowed an order of sale by the court.


The Court allowed John Pettitt executor of Henry Pettitt Senr decd. an order of sale according to the will.

The Estate Sale

Henry Pettit Sr. Estate Records p345

Henry Pettit Sr Estate Records p346

The following is a transcription of pages 345-346 which show a list of the property sold out of the estate of Henry Pettit Sr. and the names of those who made purchases as well as the price paid.

Estates – January Court 1839 345

Sale Bill    H. Pettit Senr

January the 8th 1839

Asa Mooney 1 lot of tools 1.37.1/2

Elijah Pool 1 waggon & harness 70.00

Jonathan Ledbetter 1 cart 3.41

Solomon Mooney 2 side of leather 2.75

Henry Street 1 side of leather 2.12.1/2

Asa Mooney 1 lot of castings 2.00

Rebecca Street 1 Bell .76

Noah Ledbetter 1 Red Steer 15.12.1/2

Rebecca Street 1 Cow and Bell 15.56.1/4

Rebecca Street 1 Cow 10.06.1/4

R.O. Ledbetter 1 Red Steer 15.12.1/2

Wm Toney 1  Brindle Cow 11.00

Thos. S. McDaniel 1 Hig*er 14.12.1/2

Thos. S. McDaniel 3 Yearlings 15.30

Solomon Mooney 7 Head of Sheep 11.37.1/2

Solomon Mooney 1 Mare 102.12.1/2

A. W. Whiteside 1 negro boy 586.00

Solomon Mooney 1 pr of *** 4.00

James Crawford 1 clock 11.12.1/2

Abraham Toney 1 Set of Pewter 3.25

William Toney 1 Set of knives and forks 1.50

James Taylor 1 lot of tin ware 1.25

Asa Mooney 1 set of plates & dishes 1.82

Wm. Toney 1 lot of tea cups & saucers .50

Henry Street 2 bottles .12.1/2

Rebecca Street 1 lot of cups & saucers .61

Elijah Pool 1 coffee pot & candle stick .50

William Toney 1 Table 3.00

Asa Mooney 1 Rifle Gun 12.87.1/2

John Bradley Esq 1 shot gun 7.32

Johnathan Williams 2 jars .60

[second page]

346 Estates – Jany. Court 1839

Sale Bill   H. Pettit Senr.

Solomon Mooney 1 log chain 4.25

Isaac Bradley 3 chairs .29

Asa Mooney 1 Cow 12.56.1/4

John Pettitt [sick] 1 Negro woman 300.00

John Walker 1 Note[?] 15.00

Amt of the whole $1280.04.1/2

The foregoing is a list of the property sold at the sale of Henry Pettitt decd.

John Pettit Exor.


The Last Will and Testament of Henry Pettit Sr.

[Note: This record is found in a separate volume.]

1838 Will of Henry Pettit Sr of Rutherford Co., NC

In the name of God Amen I Henry Pettit Sen of the County of Rutherford and State of North Carolina  Being of Sound and perfect mind and memory Blefsed be God do this twenty third day of August in the year of our Lord one thousand eight hundred and thirty eight make and publish this my Last will and testament in manner following. That is to say first all my just debts Be paid. 2nd I leave my wife Anna Pettit my four Slaves also all my house hold and kitchen furniture also one horse and my Waggon & harnace also all my stock of cattle and hogs and sheep during her life time or widowhood. All At the death of my wife Anna Pettit I give and bequeth to my son Henry Pettit my negro Boy Wiat commomally called Pompey; also to my son John Pettit I give and bequeath one negro Boy called Green; also all the farming tools. — What property that remains at the Decease of my wife that is not herein otherwise disposed of Is to Be sold at public Sale on a twelve monthly credit out of the proceeds my daughter Elizabeth Mooney is to have twenty five dollars and also my daughter Hannah McDaniel is to have fifteen dollars the Remaings is to Be Equally divided Between all my daughters; And I hereby make and ordain my son John Pettit Executor of this my Last will and testament and in case of death or inability William Taney In witnefs whereof I the said Henry Pettit have to this my Last will and testament set my hand and seal the day and year above written.  Henry Pettit [signature] [seal]

Signed Sealed published and declared By the same Henry Pettit the testator as his Last will & testament in the presents of us who ware present at the time of Signing and Sealing thereof
J. S. Ward (present)
William Elliott

Full PDF Copy of Estate Records

Click the link below to download a copy of all the estate record images used in this article.

Henry Pettit Sr. Estate Records (Unfilmed), Rutherford Co., NC (Pettit Research Project)

Name Index of Record


Isaac Bradly

John Bradley, Esq


James W Crawford


William Elliott


Johnathan Ledbetter

Noah Ledbetter

R. O.. Ledbetter


Thomas S. McDaniel


Asa Mooney

Solomon Mooney


John Pettit


Elijah Pool


Henry Street

Rebecca Stree


James Taylor


Abraham Toney

William Toney


John Walker


J. S. Ward


A. W. Whiteside


Jonathan Williams