Franklin County Wills

 

Franklin County Wills, Inventories 1785-1797, Vol. A, Page 33-35
PATEWELL MILNER- 1788

In the Name of God Amen, I PATE WELL MILNER of Franklin County, State of North Carolina being through the abundant Mercy of God tho weak in body yet sound in mind and memory do constitute this my Last Will and Testament and desire it may by all be received as such First I must humbly bequeath my Soul to God my Maker; beseechin his most gracious Exceptance of it Amen.
As to my worldly estate Imprimises, I do give and bequeath unto my Loving Son JOHN MILNER my bay horse named Jack to him and his heirs forever ---
Item- I also give unto my son ALLEN MILNER my sorril filly to have and to hold the same forever, except the first colt the said filly may have which I give unto my son WILSON MILNER; anything to the contrary notwithstanding the sd colt to the sd WILSON and his heirs forever.
Item- I do also give and bequeath unto my loving son JAMES MILNER the fold of the Festola mare (so called) with fold by Mark Anthony the said fold to the said JAMES and his heirs forever --
Item- I do also give unto my loving daughter MARTHY MILNER one feather bed and furniture - also one cow and calf to her and her heirs forever --
Item- I do likewise give unto my daughter MARY MILNER one bed and furniture, to her and her heirs forever --
Item- I do give unto my daugher BATHSHEBA MILNER two cows and calves to her and her heirs forever --
Item- Also I do give unto JENNETT MILNER two cows and calves to her (my daughter) and her heirs forever
Item- My will and desire is that all my land be run out by the County Surveyor, and then divided into five equal partsItem- I do give and bequeath in form and manner following, the manor plantation I give unto my son BENJAMIN WELLS MILNER provided that the said Manor shall be conndred only in value to one fifth part of the said land to him and his heirs forever also my writing desk as above to him his heirs forever --
Item- My will and desire is that the other four parts be divided by lot, between my other four sons JOHN MILNER,ALLEN MILNER, JAMES MILNER, and WILSON MILNER. Also my three lots to be among for divided between the said JOHN, ALLEN, and JAMES MILNER the said lots laying and being in the Town of Lewisburg for the use of the said JOHN MILNER, ALLEN MILNER and JAMES MILNER they and their heirs forever --
Item- I lend unto my beloved wife (JACOBINA) all the residue of my Estate, comprehending Negroes, stock of all kinds, household furniture, and plantation utensils during natural life or widowhood, intermarriage, or death, that the said Negroes and stock with their increase, also household and Kitchen furniture with the plantation utensils be equally divided between my six daughters which drawn for by lot which lot shall be laid off by three sufficient men, to be chosen by the Executors hereafter mentioned to & for the use of my beloved daughters MARTHA MILNER, MARY MILNER, BATHSHEBY MILNER, GENNET MILNER, CHARITY MILNER, PRISILLAR MILNER to them and their heirs forever --
Item- My will and desire is that fire wood, and timber for the use of the manor plantation be taken from any part of the said land, so that it doth not comprehend the lot or part, which shall belong to my eldest JOHN MILNER, provided never the less that it shall be understood that such fire wood and rail timber is not to be taken from the lot of any after he has arrived to the age of Twenty one --
Item- And it is my will and desire that all my children who may stand in want of educations be provided with the same from the general stock of the Estate.
Item- I do constitute and appoint as Executors to this my Last Will and Testament, my beloved wife (JACOBINA MILNER) JOHN MILNER and ALLEN MILNER. As witness my hand and seal this Twenty fifth day of July one Thousand Seven Hundred and Eighty Eight--

PATEWELL MILNER

Test, Seal'd and delivered in the presence of
NATH'L WELLS
HENRY HUNT Jurat
JESSE MABRY ("X" his mark) Jurat

 

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From The ESTATE OF PATEWELL MILNER-1789

State of North Carolina
Franklin County

CHARLES A. HILL, Excr.
vs
PATEWELL MILNER's Heirs & Others


Cash paid into office by CHA'S A. HILL Excrs. - $997.51
Cash JACOBINA SNEED's note & Ins. ------- $5.82
Total:---------------------------------------- $1003.33
Also 1/2 of $30.95 -----------------------------$15.47
Total: --------------------------------------- $1018.80
Costs of Suit $15.52 markers allowance $20 is -$35.52
Subject to be divided---------------------$983.28

MARY PARKER 1/3 of $983.28 is----- $327.76
BARSHA MILNER adm'r ----------------327.76
NATH'L NORFLEET 1/3 of 1/3----------109.25/
CHARITY WYNN same - ---------------109.25/
WILIE PERRY 1/6 of 1/3------------------54.62 2/3
LEN JONES same -------------------------54.62 2/3
Total: -------------------------------------$983.28

Pursuant to the decree made in the cause CHARLES A. HILLS Executor against PATEWELL MILNERS Legatees & Others at Fall Term 1833. Directing me to divide the fund deposited in the office, according to said decree & pay the same to the parties respectively entitled to the same, under said decree. Respectfully report that Ihave divided the said fund, among the parties according to the foregoing statement, which shows each ones particular share, as setforth in the above statement that I have paid to BARSHABA MILNER administratrix debonis non of MARTHA MILNER deceased alias MARTHA JOHNSON, the sum of $327.76. To NATHANIEL NORFLEET the sum of $327.76. To CHARITY WYNN, th sum of $109.25. To WILIE PERRY the sum of $54.62. and to LEONARD JONES the sum of $54.62 and taken their several receipts for the same and that I have retained the share of MARY MILNER deceased, alias MARY PARKER, for the further direction of the Court.
I further report that the share of MARY PARKER retained in the office is $327.76 which sum is claimed by SAMUEL GOOCH administrator of said MARY MILNER alias PARKER and also by NATHANIEL NORFLEET and that the evidence of claim set up by said NORFLEET is a deed given by JORDAN THOMAS late Sheriff to WM. BRICKELL dated 23rd August 1805, A Deed from said BRICKELL to ROBERT H. JONES & LEONARD HENDERSON dated 20th April 1808 and a paper writing from ROBERT H. JONES filed in this office as his answer at Spring Term 1831. All of which I report to Cort as required by an order made in this cause at Fall Term 1833, which is submitted.

SAM'L JOHNSON CME
 

_________________________

State of North Carolina
Franklin County

In Equity
To the Honorable Judge of the Court of Equity for the County of Franklin

The answer of SAMUEL GOOCH for himself and MARTHA his wife, JACOBINA SNEED, NANCY PARKER, and MARY PARKER. and WILLIAM McKISAC guardian for JOHN PARKER son of ELISHA PARKER [and ELIZABETH PARKER widow of ELISHA PARKER, crossed out] For answer to the Bill of complaint of CHARLES A. HILL filed against them and others at this Court of Equity for answer to so much as he is advised that it is material for him to make answers to. Sayeth that his wife MARTHA, JACOBINA, NANCY, & MARY are the children of MARY PARKER formerly MARY MILNER as mentioned in the Will of PATEWELL MILNER decd and that JOHN PARKER is the only son to ELISHA PARKER who was also son of MARY PARKER.
Your orator SAMUEL GOOCH further shows unto your honour that he is the regular agent under a Power of Atto. which is proved and recorded in Franklin for the Persons who are Defendants in this answer And therefore admits the Death of JACOBINA MILNER the tenant for life in the Estate of the said PATEWELL to have happened in the year 1826, or thereabouts & the present Complainat to be the admr de bonis non and the correctness of the sale of the Negroe Slaves for a direction. Your orator further sheweth unto your honour that his mother in law MARY PARKER departed this life many years before her Mother MRS. JACOBINA MILNER leaving the present Defendants her only surviving Children [except JOHN son of ELISHA -crossed out]
Your orator further answers and saith that he is advised that whatever sale his father in law JOHN PARKER made and more particularly such sales as was made on his claim on the property now the subject matter of this suit was void and of no effect. It having been in the custody and possession of JACOBINA MILNER tenant for life. And was to be the property of MARY PARKER who was MARY MILNER - after the death of the tenant for life which has recently happened -and therefore submits to this honourable Court the Question of law as to the legality of such sale by the said PARKER or any other person on his right if any such hid happen which is by no means admitted in either case and if any ever did happen thes Defendants has no knowledge of it - as the said JOHN PARKER also died before the said JACOBINA and therefore could not of reduced said property or any part of it to his possession.
Your orator prays therefore that their shares or the share of those who he acts for to with the share coming to MARY PARKER under said will be set apart to them respectfully - to wit the one 6th part thereof.
Your orator further shews unto your honour that MARTHA JOHNSON departed this life long before JACOBINA MILNER the tenant for life in the said property - intestate & without issue he is therefore advised that her part also may be divided between the Defendants in this suit. to wit- BARSHABA MILNER, WILLIAM McKISAC, MARY PARKERS heirs & NAT NORPHLET & PRISCILLA his wife and CHARITY WYNNE.

Your orator begs leave to except to the part of the charges made by the complt so far as respects the rect for the medical bill. as he is advised that it is not a proper charge as against this estate it having been raised as he is informed before the death of the tenant for life for services rendered when the Negroes were in the call and possession of her or those she had hired them to. He also excepts to the amount of commissions charged, and the manner the int is calculated.
And therefore submits to your honour to give him and those he is the agents for such a decree in the premises as in Justice and Equity which they are entitled to. And further more to give them all such other and further relief in the premises from time to time as in Justice and Equity they should have and they as in duty bound will ever pray &c

State of North Carolina
Franklin County

SAMUEL GOOCH came before SAM'L JOHNSON Clerk master of the Court of Equity for the County aforesaid & made oath that the several matters of fact set forth in the foregoing answers as of his own knowledge are true, the render he believes to be true.

SAM'L GOOCH

Sworn to before me 16th April 1831.
SAMUEL JOHNSON CME

C. A. HILL admr.
vs JAS MILNER & OTHERS
Answers of SAMUEL GOOCH & Wife
JACOBINA SNEED
NANCY PARKER
MARY PARKER
WM McKISSAC guardian to JOHN PARKER (son) of ELISHA PARKER

Filed as to SAM'L GOOCH, 16th April 1831
SAM'L JOHNSON CME
 


(Note: Jacobina Parker-Sneed was the widow of Dudley Sneed (ca 1798-1827 Person Co.,NC, son of Thomas Sneed & Nancy Ann Parker. Additionally, Nancy A. Parker was the daughter of Jonathan Parker Jr. & Sarah Pryor of Caswell Co.,NC, of which further info can be found at Estate of Jonathan Parker-1785.)