ROSA DANIEL -Will 1871

Halifax County,North Carolina Wills - Vol. 6, Pg. 58-59

(transcribed by Deloris Williams)

Will of Rosa Daniel - 1871

I, ROSY DANIEL in the full possession and enjoyment of my mental faculties do make and declare the following to be my last will and testament
1st.  It is my wish and desire that all my just debts should be paid as hereinafter provided.
2nd.  I give and bequeath to my daughter SUSAN CAROLINE SMITH and her children that she now has or may hereafter have, fifty four (54) acres of land on which the said SUSAN CAROLINE and her husband WM. SMITH now resides.  I also give the said SUSAN CAROLINE and her children one bed and furniture  one red & white pided cow & calf, one side board and two pots.
3rd.  I give and bequeath to my son WILLOW DANIEL and his children that he has or may hereafter have eighty (80) acres of land on which he now resides.  I also give to my son WILLOW & his children, one cow and calf, red & white, Dolly by name, one cook pot, one wash pot, and one bed and furniture.
4th.  I give & bequeath to my daughter SARAH MARIA JONES and her children that she now has or may hereafter have fifty-four (54) acres of land adjoining the lands of WILLOW DANIEL, SUSAN CAROLINE SMITH and MRS. M. M. JOHNSTON.  I also give SARAH MARIA and her children one bed & furniture, one cow & calf, and one yearling, one oven, one pot, the kettle and one Sorrel mare named Fanny-
5th.   All the remainder of my property of every description not heretofore named I wish my Executor to sell the proceeds thereof to go to pay my just debts and burial expenses    the remainder to be divided equally between my three children, SUSAN CAROLINE SMITH, WILLOW DANIEL, and SARAH MARIA JONES.
6th.  I hereby appoint my son-in-law WILLIAM SMITH my lawful executor to enforce and carry in effect this my last will and testament.
August the 4th 1869

ROSY DANIEL ("X" her mark)

Signed in the presence of

Halifax County - Probate Court 1871

State of North Carolina
Halifax County

In the Probate Court

Before JOHN T. GREGORY Judge of Probate for said County.

The foregoing paper writing purporting to be the last will and testament of ROSY DANIEL late of Halifax deceased is propounded for probate in the Probate Court of Halifax County aforesaid, by WILLIAM SMITH the Executor therein named, and it is proved by the oath and examination of J. W. JOHNSTON and B. F. WOOD, the subscribing witnesses to the said paper writing that ROSY DANIEL the said testatrix subscribed the said paper writing in their presence and that they subscribed as witnesses thereto in her presence and her request and the said ROSY did at the execution of the said paper writing declare the same to be her last will and testament and that the said ROSY DANIEL was at the time of subscribing her said name as aforesaid, and at the time the said deponents subscribed their names to said paper writing was of sound mind and memory, of full age to execute a will and under no disability.
And the Court doth declare the said paper writing and every part thereof to be duly proved as the last will and testament of the said ROSY DANIEL deceased and doth order the same to be recorded and filed as such.
And thereupon WILLIAM SMITH comes & is duly qualified as the executor of said last will & testament by taking and subscribing the oath required by law, and it is ordered that letters Testamentary issue to him.

Probate Judge


"Records of Estates Halifax County, North Carolina, 1868-1909", David B. Gammon & Stephen E. Bradley, Jr.:

#122-(129)   3 - Jul 1871 - WILLIAM SMITH testified that ROSY DANIEL died with will and sd SMITH named executor.  Estate valued at $716, including 188 acres.  Heirs: the sd WILLIAM SMITH and wife SUSAN C. and their children ANN N. SMITH, ADELINE SMITH, GEORGE SMITH, FRANCIS SMITH, REBECCA SMITH, all minors;  WILLOW DANIEL and his minor child WILLIAM HENRY DANIEL; SARAH M. JONES and minor child ADNA JONES residing with her father JEFFERSON JONES and her mother the sd MARIA.    WILLIAM SMITH.  Appointed.

#168- (176) - 6 Mar 1873.  MANERVY JONES testified that HARDY M. JONES died with will. Estate valued at $225 -250, including 25 acres.  Heirs: Sd HARDY M. JONES' children, namely THERESA DANIEL, CANDIS MITCHUM; granddaughter MARY CURTES a minor.   MANERVY JONES.  Appointed.
(Note by DW: WILLIAM MITCHUM -CANDIS JONES, married April 5, 1865 Halifax Co.)


Additional info on this Family who were Free People of Color:
JUNIUS DANIEL, b.1872, was the son of SIDNEY ANDREW DANIEL (a.k.a. WILLOW DANIEL)  & THERINA/SERINA JONES of Weldon and Roanoke Rapids, Halifax County, North Carolina; they were married in Halifax County on January 31, 1866.  ANDREW, b. 1843 (also called WILLOW, in his early records)  was the son of SILAS & ROSA DANIEL, both born abt 1798; SILAS died between 1860-1870, and ROSA was a midwife, who died shortly before July 3, 1871, as can be seen by a court record filed at that time. SERINA JONES, b. 1841, was the daughter of HARDY MINGO JONES, b. 1815  & MANERVA _____ , b. 1823, of Halifax County.

(See also: Will of Hardy Minga Jones)


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