From Will Crump

Mary "Polly" Ann Lewis was born 13 February 1815 and died 3 November 1881 according to her headstone. She was buried in the Dunn Family Cemetery where her first spouse was buried in 1862. There are only four people buried at this cemetery. The third person was her first child Fannie who did a month after she did. The Cemetery is located at 900 Juniper Road, Four Oaks, NC.

Based on this date of birth she would have been the third child and second daughter of Urban Lewis (1783 - 13 Aug 1846) and Susan Casey (1 Jan 1787 - bef. 10 Oct 1860). Susan Casey's maiden name is documented in the death certificate of daughter Patience Lewis (14 Mar 1825 - 11 Nov 1913) who married Joseph Dixon Denmark (28 May 1817 - 18 Oct 1894). Certificate

Mary "Polly" Lewis married first, Abram Martin (12 Jan 1815 - 26 Feb 1862), around 1835 (there is no record of the date of their marriage). Some family trees report that he had a middle name of George, but there are no Census reports or probate records indicating he had a middle name. Some of the death certificates of his children and certain probate records report his first name as Abraham, but Census reports for 1840, 1850, and 1860 all report him as Abram.

The couple lived in the Indian Springs Township in Wayne County NC, the same area as her parents. Abram Martin was reported on page 228 of the 1840 Census for Wayne County, NC as age 20 - 29 and with a female 20 - 29 who would be Polly as she was 25. They had a son under 5 (Waitman G) and a daughter under 5 (Fannie). The Census also indicates they owned a male slave between the age of 10 and 23, but that information is not included on this page.

Her father Urban Lewis was listed in the same township on page 232 of the 1840 Census.

Will of Urban Lewis 13 August 1841

She was identified as "Polly Martin", her married name, with her six sisters in her father's Will of 13 August 1841. The daughters received a remainder interest in the residual portion of their father's estate which included all of his property other than land, a horse and five shillings which were part of specific bequests to her brothers, William (land and horse) and John (5 shillings). Her brother, Joel, did not receive anything and is not mentioned in the Will. The residual property in the estate was subject to a life estate held by their mother, Susan. Upon her death, the daughters were to take possession of the residual estate in equal shares, adjusted for certain lifetime advances that her father, Urban, had made to the daughters and their spouses.

Fifthly At the death of my wife Susan I give and bequeath unto my seven daughters viz Eliza Martin, Polly Martin, Fanny Denmark, Bethena Lewis, Patience Lewis, Susan Lewis & Elizabeth Lewis, all the remainder of my estate herein before loaned to my wife Susan, to be equally divided between them, they & each of them rendering an account of any advancements made to them or either of them by me in my life time, and of any monies that I may have paid as surety for their or either of their husbands which said advancements or monies so paid are to be taken in to the account in the divisions as so much paid to them or received with by them or either of others towards their respective shares.

1850 Census Johnston County NC

The 1850 Census indicates that Polly and Abram had moved from Wayne County to Johnston County. Polly was listed by her given name Mary and she and Abram are both 36. He is a farmer with land of $650. The 1850 Slave Schedule indicates they owned a 15 year old female slave. The Census indicates that neither of them could read and write. They had seven children and the three oldest are attending school. Two of the children were twins, George and Ann, who were born in 1845.

1860 Census Johnston County NC; Bentonsville Post Office

The family's wealth increased since 1850. The 1860 Census reported land value of $1,700 and personal property of $2,185 (this generally consists of slaves, however, there is no listing for Abram Martin on the 1860 Slave Schedule for Johnston County.) Her oldest child, Fannie, had married at the end of 1857 and the second oldest child, Waitman G. must have established his own farm as he is not living with the family on the 1860 Census. The second oldest daughter, Sally, married in October of 1858. There are two additional children who were born after the 1850 Census, so there are six children in the household.

PROBATE ESTATE OF ABRAM MARTIN

Her spouse, Arbam Martin, died 1 February 1862 leaving her with the six youngest children who were minors. He died intestate and there is a considerable probate file for him that includes a suit filed by Mary before the May 1862 Term of the Court of Pleas and Quarter Sessions to obtain a one year set aside allowance to support herself and her six minor children. The lawsuit identifies that "Borboin Ivey" (Bourbon Ivey) had been appointed the administrator of the estate. He was the spouse of their oldest child Fannie Martin (see below). She requested: "to have her years support out of the estate of her said husband, alloted to her according to law, and to that end, she prays your worships to appoint one Justice of the Peace and three freeholders unconnected with her, to view the said estate and to allot and to set apart so much of the crop, stock and provisions belonging thereto as may be adequate to the support of herself and family for one year..."

This passage shows she was successful in getting the four people appointed and her one year allowance.

In the probate of an intestate estate, the one year allowance could result in all of the personal property being consumed by the widow. This can become a source of family conflict between the surviving spouse and the adult children and the guardian appointed to represent the minor children. The surviving spouse was not permitted to act as guardian for the children. The estate administrator had the duty to assign the surviving spouse's allowance. Generally this was only an issue for the wife as all property was generally considered to be the property of the husband. If the administrator failed to assign the allowance or if a full estate was not opened, the spouse could apply to a magistrate or clerk of the court to obtain the allowance. In practice, most spouses went directly to the clerk for the assignment of the allowance, skipping the administrator. Where the administrator of the estate was a surviving child or as in this case, the spouse of a surviving child, there would have been a conflict of interest in determining the allowance.

EXPLANATION OF NORTH CAROLINA SPOUSAL ALLOWANCE

The spousal year’s allowance is intended to provide a means of support for the surviving spouse of a decedent upon the decedent’s death and during the administration of the decedent spouse’s estate. It first appeared in NC statutory law in 1796. See 1796 N.C. Session Laws, ch. 469. Prior to the enactment in 1796, the estate administrator could sell “the whole crop and provisions” of the deceased, and thereby deprive the widow of the means of subsistence for herself and her family.

The 1796 law creating the year’s allowance in NC authorized the widow to use property of the decedent’s estate (“crop, stock, and provisions then on hand”) that was absolutely necessary for the support of herself and her family before the appointment of the administrator. The widow could then petition the court to appoint persons who would allot portions of the crop, stock, and provisions to support her and her family for one year. The amount of the allotment was determined based on the necessities of the widow and her children. The purpose was “to make provision for the pressing wants of the widow, personally, and to enable her at a mournful juncture, to keep her family about her for a short season.” Kimball v. Deming, 27 N.C. 418, 419 (1845). It was not intended to provide the widow with an additional interest in the decedent’s estate. As such, the amount of the spousal allowance is applied against the amount the surviving spouse takes under a will. However, it is not credited against the share the surviving spouse takes in an intestate estate.

Today, the spousal allowance is available for both widows and widowers but it retains the purpose of providing for the surviving spouse subsequent to the death of the decedent spouse. “A year’s allowance is allotted to a surviving spouse to meet immediate needs, maintain a standard of living, ease the mourning process, and keep the family intact.”

The allowance has priority over claims against the estate, meaning it may be paid before any claims of the estate are paid. However, the property assigned is not free from a security interest in the property While such security interests in items such as cars are common today, a security interest in personal property of a farmer would have been unusual in antebellum North Carolina. The spousal allowance is only payable from personal property which would have included slaves and any rents obtained by leasing out slaves. Real property rents or proceeds from the sale of real property could not be used to pay the spousal allowance.

Source: https://civil.sog.unc.edu/a-frequent-flyer-in-estates-the-spousal-years-allowance/

DOWER RIGHT TO LIFE ESTATE IN ONE THIRD OF REAL PROPERTY

A surviving widow generally had a claim to a lifetime estate in one third of the land held by her husband at his death. Upon her death, the heirs of her deceased husband would become the owners of the land or would pass in accordance with the terms of the spouse's Will. This right existed regardless of the terms of the Will of the decedent. It existed even if the decedent died intestate.

The nine children of Mary "Polly" Ann Lewis and Abram Martin were:

1. Fannie Martin (18 Jan 1837 - 3 Dec 1881) - her exact dates are not confirmed as the source is Find A Grave and there is no headstone. The date of birth is consistent with the 1850, 1860, 1870 and 1880 Census. She reportedly died of "fever" which may have been typhoid fever. Her sister Eliza and her brother Henry also reportedly died of fever around this time. She was buried in the Dunn Family Cemetery where her father was buried in 1862 and her mother was buried a month before she died. Her spouse married for a second time less than nine months after her death. She may have been named after her aunt Fannie Lewis (16 Jul 1816 - 13 Oct 1843). Fannie Martin married on 29 Dec 1857 Bourbon Ivey (22 Nov 1818 - 12 Jul 1912). They had four sons: John, Henry (who died before his second birthday), Wilson and Julius. Only Julius married and had children. After Fannie died, Bourbon Ivey at age 63 married on 13 Aug 1882, 38 year old Ava Evelyn Summerlin (11 Dec 1843 - 25 Aug 1937). On the 1900 Census, 81 year old Bourbon and his 57 year old spouse - the Census listed her as 45 - form an unusual household where the three surviving adult children from his marriage to Fannie, who are all over 30, live in Bourbon and Evelyn's household with her sister, 40 year old Zilpha Summerlin.

2. Waitman G. Martin (1839 - 1 Jul 1864) - he never married and had no children. His middle name may have been Grant as that was the maiden name of his paternal grandmother Charity Grant. He enlisted as a private on 3 May 1862 in Company G "North Carolina Rebels" 55th NC Regiment of the Confederate Army. He was likely at the Battle of Gettysburg which ended 4 July 1863 where his Regiment lost 31% of the 640 men engaged. Shortly after that battle he contracted typhoid fever on 12 August 1863 and survived. He was promoted to sergeant in 1864. He died 1 July 1864 in Lynchburg Virginia as a result of wounds received on 5 May 1864 at the Battle of the Wilderness. His Regiment suffered 59% casualties out of the 340 men at that battle.

3. Sarah "Sally" Martin (29 Sep 1840 - 28 May 1917) - She was married three times. First, on 28 October 1858 to William Henry Stevens (1833 - 12 Jan 1863) - They had two children John Whitley and Needham Bryant. Her father died in 1862 and her spouse died in 1863. She married second on 30 Apr 1865 David Thomas Britt (1840 - 1895) - his last name may originally have been spelled Britte. They had six children: Luther, Martha, Manora, Julia, Benjamin Franklin, and Leonna. After David died in 1895, Sarah married on 3 Dec 1897 Zachariah Byrd (Jun 1837 - ?). She did not have any children with Zachariah. Her eight children mentioned above were all living in 1900, however the 1900 Census indicates she had two additional children who were deceased, but I have not found their names. Zachariah was listed as blind on the 1910 Census. His date of death is not known, but was likely before 1920.

4. Anne W. Martin (6 Dec 1845 - 16 Jan 1906) - She married on 5 Mar 1867 John Thomas Atkinson (26 May 1839 - 27 Jun 1914). They had 10 children based on the 1900 Census but I have only been able to confirm the names of five from the 1880 Census who were living in 1900: John, Mary, Thomas Hadley, Alice, and Julius.

5. George Washington Martin (6 Dec 1845 - 28 Aug 1921) - He was the twin of Alice W. Martin. He married on 11 Feb 1869 Amy Jane Jordan (1 Apr 1839 - 11 Aug 1919). They had six children: Mary Ann, Fannie, Abram, Susan, Isaac G., and Jacob Arthur.

6. Lewis Henderson Martin (15 May 1848 - 25 Sep 1934) - He married on 8 Jan 1874 Margaret Elizabeth Royal (5 Nov 1854 - 16 Mar 1915). They had nine children, eight of whom were still living in 1900. I have not been able to confirm the name of the deceased child. The other children were: Hattie, Hettie, Wade Hampton, James "Jim" Madison, Lewis Robert, Richard Miller, Samuel "Sam" Jenkins, and Lettie.

7. Julius C. Martin (Feb 1850 - 17 May 1914) - He married first on 16 Dec 1874 Jennie Rose (1856 - Bef. 1878). I did not find any records that they had children. Her date of death is not known but she must have died before his second marriage. He married second in 1878 Mary Caroline Wells (Jul 1849 - 13 Sep 1904). They had two children: Florence and David Wells.

8. Eliza J Martin (1853 - Bef 1890) - She married on 2 Feb 1871 Erastus Wesley Rogers (Aug 1845 - 1903). They had four children: Jasper M, Lettie, Erastus Walter, and Fannie.

9. Henry Martin (20 May 1855 - 30 Nov 1881) - He never married. He died 27 days after his mother died and three days before his oldest sister, Fannie, died. All three may have died of "fever" which was likely typhoid fever. He was living in his mother's household when he died. Fannie was living with her second husband John David Dunn but may have visited with her mother prior to her death.

1870 Census Johnston County NC; Bentonsville Post Office

After the death of her first spouse on 1 February 1862, Mary "Polly" (Lewis) Martin married before 1870 (there is no record of their marriage) John David Dunn (4 Oct 1827 - 28 Mar 1919) who was her junior by 12 years and 8 months. She could not read or write. Eliza and Henry on the 1870 Census below were children from her first marriage and their surname was Martin and not Dunn. Eliza could read and write, but Henry could not. Her age of 55 on the Census was correct and his age of 37 was incorrect as he was 42. He owned land worth $1,200 and personal property of $400. His previous spouse, Mary A. Phail (1839 - Bef 1870) may have died before 1870 but there is no record of her death.

1880 Census Johnston County NC; Bentonsville Post Office

She was listed as 66, she was 65, on the 1880 Census and her spouse David was listed as 54, he was 52 as of the Census date. Her 25 year old son, Henry Martin, from her first marriage was living with them. They were all listed as being able to read and write. She died a little over a year after the 1880 Census on 3 November 1881 per her headstone.