Some Halifax County Wills, Pt 10
Will of J. J. Daniel-1848
This is my will. I give & devise my Ferry plantation
& houses & lots in the town of Halifax to my son WILLIAM. my Mush Island
plantation I direct to be sold & my Executors to pay my debts. All the rest
of my lands I give to my daughters to be divided equally between them. All
the rest of my property of whatever nature or kinds to be equally divided
among my children.
I hereby nominate & appoint my son WILLIAM A. DANIEL & my friend JAMES W. BATCHELLOR executors to this my last will & testament
Witness wehreof I have hereunto set my hand & seal this 9th day of February 1848.
J. J. DANIEL (his mark & seal)
Signed sealed & published
in our presence & witnessed
by us at the Testators
request in his presence
& in the presence of each other
A. B. STITH
E. B. FREEMAN
Halifax County Court
May Term 1848
A paper writing purporting to be the last will & testament of J. J. DANIEL late one of the Judges of the Superior Court in State of North Carolina is brought into open court & proved as a will of real & personal estate & ordered to be recorded.
Records of Estates 1843-1849
Halifax County Court August Term 1848
Inventory of the property belonging to the Estate of the late Judge J. J. DANIEL dec'd viz:
Thirty four Negroes namely:
ISHAM, PHIL, BRITTON, HENRY, SOLOMON, WILL, BUNCH = 7.
CLARY & 6 Children, WILLIAM, ELLEN, CAROLINE, LOUISA, DICK & MARY = 7.
ELIZA & 4 Children, VENUS, LAURETTA, JANE & ANNIS = 5.
KITTY & 8 Children, MERILLUS, FANNY, JOHN, JOYNER, BERTON, BETSY, ORRIN & AMICA = 9.
LUCY & 2 Children, MARIA & MADISON, & ABBY, HANNER, ALBERT = 6
Total: 34 Slaves
Will of James Harris-1828
In the Name of God Amen
I JAMES HARRIS of Halifax County and State of North Carolina, possessing sound mind and knowing the uncertainty of life, have concluded to make this instrument my Last Will and Testament.
Vizt my soul I recommend to God, my body I wish decently buried at the discretion of my family, my just debts I wish paid, out of the money due me, and the sales of my crop.
I give and bequeath unto my beloved wife W. W. HARRIS, Negroes ISRAEL, GREAT FANNY, OLD NED, and GREAT LUCY, my carriage and carriage horses together with all my household and kitchen furniture, except six beds and furniture (feather) which feather beds and furniture I give to my three children. I also give to my wife, an equal share with my children of the remainder of my personal estate. It is my will that my wife live in common with my children and that my property be kept together, untill someone of my children arrive at the age of twenty one years, when I will that a division so far as relates to the one that has arrived to lawful age so that he may get his part of my estate, the balance of my estate after taking off one share is to be continued in common, until a second child arrive to lawful age when I will a like division, this course is to be persued untill all my children arrive to lawful age, however should my daughter marry she is to take property at the age of eighteen; but should either of my children die before they arrive to the age of twenty one years, leaving no issue, the property of the one that has died is to go to such of my children as may survive. When a division of my Estate is to be made, it is my will that it be done by my Executors, and if they cannot agree the court of the county can appoint five disinterested persons to make such division.
It is my will that my son WILLIAM have the plantation lying in the Fork of Fishing Creek and Pine Branch, and my daughter ROSA have the tract of land bounded as follows- beginning at the mouth of a branch on the East side of Bens Creek, HAYWOOD BOBBITT's corner, thence up the said Branch as it meanders to the fork below the BUMPUS field, thence along the south prong of said Branch to the head near a small pond which is about one hundred yards north of the woulf pit, thence an east course, until it intersects the dividing line between DOCTOR SAMUEL THORNE and myself. Thence along the said dividing line south 30° west to three black jacks, thence north thirty five west, a dividing line between said THORNE and myself, two hundred and forty poles to three black jacks, thence along the said THORNE's other line to where it intersects with GIDEON ALSTONs corner on a branch, thence down the said branch to Bens Creek, thence up the meanders of the said Creek to the first station, Containing by estimation Eight hundred acres. This tract of land includes the mill, which I wish kept up for the benefit at the expense of all my children, however should my sons prefer to take no part in keeping up said mill, they can relinquish their interest in said mill to my daughter.
I give to my son THOMAS the plantation I purchased of BLAKE BAKER and the balance of the tract of land that I live on reserving the last named tract of land to the use of my wife during her natural life, as the title of the last named tract of land given to my son THOMAS after the death of my wife, and a part of the tract given to my daughter is in my wife. I trust she will make a title to my children in the way that I have disposed of it in that even my son THOMAS will have the advantage of my other children as relates to my landed Estate. Therefore I hope that my wife will make up to my son WILLIAM and ROSA the deficiency by giving to them more of the Negroes that may be allotted to her, then she does to my son THOMAS, as it is out of my power to divide my property equally among all my children now do confidently hope that my wife will do what seemeth to her right, in disposing of her part of my estate amongst our children. When my children are not at school, I would advise them to go to some business, I know the effects of idleness. I constitute and appoint my friends WILLIAM WILLIAMS, JOSEPH JNO. WILLIAMS and WILLIAM W. THORNE Executors to this my Last Will and Testament.
In witness whereof I have hereunto set my hand and seal this 10th day of June A.D. 1828.
November Session 1828
Then this will was exhibited in open court and it was proven by the oaths of WILLIAM R. SMITH and THOMAS BURGES that the body of the said will and the signature thereto, was in the proper hand writing of the said JAMES HARRIS dec'd and also it was proven by the oath of ROWE HARRIS that said will was found amongst the valuable papers of the dec'd. Whereupon WILLIAM WILLIAMS, W. W. THORNE, and JOSEPH JNO. WILLIAMS Executors named therein, came forward and was duly qualified. And on motion ordered to be recorded.
M. H. PETTWAY Clk
Halifax County Records of Estates
Inventory of the Estate of James Harris deceased
returned by his Executors to February Court 1829.
Last one was given to his two daughters by their grandfather.
Signed by the Executors
Will of Andrew Joyner-1856
Halifax County Court, November Term 1856
I, ANDREW JOYNER of the County of Halifax in the State of North Carolina do make and declare this to be my last Will and Testament, the whole of which is written with my own hands.
I have appended to this my last Will a schedule of advancements made to my children showing the same with which each is to be charged in the distribution of my personal and perishable estate, but no entrust to be charged on such advancements until after my death.
I give and devise to my son HENRY JOYNER, the tract of land on which he resides near Enfield which I purchased of THADDEUS DAVIS.
It is my Will and desire that my lands on the south side of Roanoke River in Halifax County bounded by the said river and the lands of WM. H. DAY, RICHARD W. IVEY, ROBERT O. BURTON, Chocaott Creek (Chockoyotte Creek), JAMES SIMMONS and the heirs of TURNER FULGHAM ~ also BRYAN and JOHNSON Island, in Roanoke River, be divided into two parts, the dividing line to be run from Roanoke River, beginning at the mouth of the gut or ravine emtying into the river near the stone wash of the Roanoke canal above Moore's Ferry then to Chocaott Creek so as to give to each division an equal member of acres.
I give and devise to my grandchildren JOHN, ROBERT, ANDREW, HENRY & CHARLES BURTON the upper division of the said lands embracing the family residence to be equally divided among them.
I give and devise to my daughter MARTHA AUSTIN and her children TEMPE, BETSY & SALLY the lower division of the said lands including BRYAN & JOHNSON Island to be equally divided among them.
I give and devise to my daughter TEMPE B. EPPES my two Islands in Roanoke River, one of them known as by the name of Haynes' Island, and the other by the name of Crittendons Island. I also give her five hundred dollars to be paid to her by my Executors ot of my personal or perishable estate.
I give to my daughter MARY C. DANIEL and her children SALLY & JOHN DANIEL my thirty shares of stock in the Wilmington & Weldon Railroad Company twenty shares of stock in the Roanoke Navigation Company one lot in in the town of Halifax number eighty one on which my son HENRY JOYNER erected an office or a shop, and one thousand five hundred dollars to be paid by my executors out of my personal or perishable estate the said property to be equally divided among them.
After paying my debts and the expenses of administering my estate, and satisfying and paying the legacy given in this my last Will, the residue of my personal and perishable estate I give and bequeath, as follows,
To my son, HENRY JOYNER, I give the one fifth part of the said residue of my personal and perishable estate.
To my daughter MARTHA AUSTIN and her children TEMPE, BETSY and SALLY I give the one fifth part of the said residue to be equally divided among them.
To my daughter TEMPE B. EPPES I give one fifth part of the said residue.
To my daughter MARY C. DANIEL and her children SALLY & JOHN I give the one fifth part of the said residue to be equally divided among them.
To ROBERT O. BURTON and his children, JOHN, ANDREW HENRY, ROBERT and CHARLES I give the one fifth part of the said residue to be equally divided among them in value of the Slaves in my possession for distribution it is my desire that the sales of valuation fixed on the schedule appended to this will shall govern and be observed as near as can be done.
It is my will and desire that my three tracts of land in Bertie County on and near Roanoke River viz High Island, Rainy tract and Forked Gut tract shall be sold by my executors upon such terms and conditions as they may deem best and I give them full power and authority to convey and transfer the same by deed.
I give and bequeath the money for which the said lands may sell after paying necessary expenses as follows,
To my son HENRY JOYNER, I give the one fifth part to my daughter MARTHA AUSTIN and her children TEMPE, BETSY & SALLY I give the one fifth part to be equally divided among them
To my daughter TEMPE B. EPPES I give the one fifth part
To my daughter MARY C. DANIEL and her children SALLY and JOHN I give the one fifth part to be equally divided among them.
To my grand children JOHN, ANDREW, ROBERT, HENRY and CHARLES BURTON I give the one fifth part to be equally divided among them, and if either of them should die before arriving at the age of twenty one years and without issue it is my will and desire that his portion of the said legacy shall belong to his surviving brothers to be equally divided among them.
It is furthermore my will and desire that if either of my said grand children JOHN, ANDREW, ROBERT, HENRY and CHARLES BURTON should die before arriving at the age of twenty one years and without issue the personal and perishable estate given in this will to the child thus dieing shall go over to and be the property of his surviving brothers to be equally divided among them.
If at the time of my decease the crops on my lands should be made but not gathered, my will is that they be gathered and sold and considered a part of my personal estate. And if at the time of my decease the crops are growing, I give to my executors authority to cultivate and gather them if they deem it best with the hands on the plantations and whatever may be thus made by my will is shall be considered personal estate.
I give to DOLLY ARNOTT two hundred dollars to be paid to her by my executors.
I give to my beloved wife SARAH W. JOYNER my carriage and pair of carriage horses commonly used by her, and I loan to her during her life my family residence with sixty acres of land, including and lying round about the premises and to be laid off in the most convenient form, provided she occupies the same as a residence.
I appoint my friends B. F. MOORE and WILLIAM R. SMITH executors of this my last Will and Testament. Given under my hand and seal the 3rd day of July 1856.
Slaves and money advanced by ANDREW JOYNER, to his children to be charged to each in the distribution of his Estate:
Advanced to HARRIET ELIZABETH BURTON to be charged to ROBERT O. BURTON & his children, the following slaves, but then increase since they went into her possession is not to be charged.
NED - 750
ROSS - 750
GRAY - 650
LEVI - 450
JUDY (being infirm) & child - 500
TATTY - 650
SARAH - 600
MARTHA - 500
JESSE - 300
Money advanced to ROBT. O. BURTON - 450
Advanced to MARTHA AUSTIN the following Slaves, no increase to be charged since they went into her possession:
KING - 800
MOSES - 800
PRIMUS - 800
HARRY - 700
JOE - 700
HENRY - 600
TOM - 500
OLD MOLLY - 100
CREACY & her 5 children - 2200
CHERRY - 650
POLLY - 650
EVELINA - 600
DOLLY - 500
to be charged to MARTH AUSTIN & Children - $10,250
Advanced to HENRY JOYNER the following slaves, no increase to be charged:
WILLIAM - 700
SOLOMON - 650
SLYVIA - 500
Money advanced to HENRY JOYNER - 3000
To be charged to HENRY JOYNER - $4850
Negro Woman ANNA & her children in the possession of my son HENRY JOYNER belong to my estate & are to be divided with my other slaves.
Advanced to MARY C. DANIEL the following slaves, no increase to be charged since they went into her possession:
JOE - 800
EDMUND - 800
DICEY & her 2 children - 1000
ANNIS & her 2 children - 1000
To be charged to MARY C. DANIEL & Children -$3600
Advanced to TEMPE B. EPPES the following slaves, No increase to be charged since they went into her possession:
SIMON - 800
JOHN - 700
MAT - 700
WILLIAM - 700
TREASOR - 450
MARY ANN - 500
Money advanced to DOCTOR EPPES - 500
To be charged to TEMPE B. EPPES - $4350
A. JOYNER, July 3rd, 1856
Halifax County Court
Novenmber Term 1856
Then the foregoing scripts without witnesses thereto alleged to be altogether in the hand writing of the late ANDREW JOYNER Esqr. is proported as his last will and testament and the same is duly proved as his last will and testament by the oaths of RICH'D N. IVEY, JOHN W. HEPTINSTALL, & WHITMELL J. HILL and there upon the same is allowed by th ecourt as the last will and testament of the said ANDREW JOYNER and is ordered to be recorded as such. Whereupon B. F. MOORE and W. N. SMITH the Executors therein named are duly qualified. And on motion is ordered by the court that the Executors of ANDREW JOYNER have leave to sell his perishable estate upon a credit of six months.
Witness W. W. DANIEL Clk
Will of Edward King-1843
In the name of God Amen. I EDWARD KING of the County
of Halifax & State of North Carolina being sick as to health but in sound
mind & memory blessed be God do make & ordain this my last Will & testament
in the following manner viz
Item 1st. I give & bequeath unto my son KINDRED KING one dollar to him & his heirs forever.
Item 2nd. I give & bequeath unto my son LERTIS M. KING one dollar to him & his heirs forever.
Item 3rd. I give & bequeath unto the heirs of my daughter BARSHEBA DAWSON the sum of one dollar each to them & their heirs forever.
Item 4th. I give unto my son GEORGE G. KING one Negro man named JERRY to him & his heirs forever.
Item 5th. I give & bequeath unto my daughter NANCY KING the sum of one dollar to her & her heirs forever.
Item 6. I give & bequeath unto my daughter MALISSA BRANCH the sum of one dollar to her & her heirs forever.
Item 7th. I give to my two sons GEORGE G. KING & LUNSFORD KING in trust for the sole & separate use of my daughter EMELINE MERRITT one Negro girl named MARY one bed furniture, two cows & calves, two ewes & lambs & their increase & one cart & wheels which I have heretofore loaned her, the above property is not to be under the control of her husband ROBERT J. MERRITT or in any manner liable to his debts.
Item 8. I give & bequeath unto my son LUNSFORD KING after paying all my just debts all of my estate of every description real personal &
Item 9th. I nominate & appoint my two ons GEO. G. & LUNSFORD KING my executors to this my last will & testament & revoking all former wills.
In witness whereof I have hereunto set my hand & seal this the Eighteenth day of February 1842.
EDWARD KING ("X" his mark)
In presence of
G. W. GARY
THO'S C. PITTMAN
May Co 1843
This paper writing purporting to be the last will & testament of EDWARD KING being exhibited in open court and the execution thereof being duly proven & the subscribing witnesses G. W. GARY & THOS C. PITTMAN it is ordered to be recorded whereupon LUNSFORD KING qualified as Executor.
JAS. SIMMONS Clk
Estate of EDWARD
To JOHN T. GREGORY, Probate Judge of Halifax County
LITTLEBERRY VINSON respectfully represents that he hath been heretofore, to wit, May Ct 1860 appointed guardian for the above named children, Orphans of EDWARD LEE deceased and qualified according to law, and now represents the estate of the wards to be of the value of $7200.00 which consist of real and personal property.
To the end therefore, that the several estates of said wards may be preserved and managed according to law your applicant prays to be allowed to renew his guardian bond as guardian to his said wards and tenders J. T. BISHOP and BENJA JOHNSON as his sureties.
L. VINSON, Guardian
Sworn and subscribed before me this 2nd Oct, 1869
JOHN T. GREGORY
On or before the 1st day of Jan 1866 we or either of us promise to pay L. VINSON Guardian for the minor heirs of EDWARD LEE dec'd the sum of two hundred & thirty dollars it being for the hire of Negro ALFRED said Negro to be furnished with two suits of clothes, a summer and winter suit, a hat and blanket or quilt and a good pair of shoes as witness our hands and seals this the 3rd day of Jan 1865.
J. W. BRANCH
W. W. BRANCH
On or before the 1st day of Jan 1866 we or either of us promise to pay L. VINSON Guardian for the minor heirs of EDWARD LEE dec'd the sum of two hundred & thirty dollars it being for the hire of Negro HENDERSON said Negro to be furnished with two suits of clothes, a summer and winter suit, a hat and blanket or quilt and a good pair of shoes as witness our hands and seals this the 3rd day of Jan 1865.
Witness J. H. WELLER
MARY E. MABRY
ELIZABETH HARPER ("L" her mark)
B. B. NICHOLSON
Will of Frances Lee-1856
I, FRANCES LEE of the County of Halifax and State of
North Carolina do make and publish this my last Will and Testament, hereby
revoking and making void al former wills by me at any time heretofore made.
And first I direct that my body be decently interred as my beloved daughter
may direct, and as to such worldly estate as it has pleased God to entrust
me with, I dispose of as follows,
First. I direct that all my debts and funeral expenses be paid as son after my decease as passeth and the balance of my estate of every description real, personal or mixed, I give to my beloved daughter MARY KNIGHT to dispose of as she may think proper, and I do hereby make and ordain my beloved daughter MARY KNIGHT sole Executrix to this my last Will and Testament.
In witness thereof I FRANCES LEE the testatrix have to this my last will set my hand and seal this the twenty fourth day of July in the year of Our Lord One Thousand Eight Hundred and fifty four.
FRANCES LEE ("X" her mark)
Signed, Sealed & Published in presence of
WILLIAM STOKES JR.
Halifax County Court
November Term 1856
Then the foregoing paper writing purporting to be the last will and testament of FRANCES LEE dec'd was exhibited, in open court for probate and the execution thereof duly proved by the oaths of WILLIAM STOKES & HENRY ARRINGTON two of the subscribing witnesses thereto, ordered therefore that it be recorded.
W W. DANIEL Clerk
Will of John Lee-1860
Halifax County Court, February Term A.D. 1860
In the name of God Amen, I JOHN LEE of the County of Halifax and state of North Carolina being of perfect sound mind and memory blessed be God, do make ordain and publish this 24th day of September A.D. 1859 my last Will and testament in manner form following viz, revoking all wills or testaments made by me heretofore.
Item 1st. It is my wish and desire for all my funeral charges to be paid and all my just debts to be paid out of the money that I have due me and my household and kitchen furniture which I have not given away.
Item 2nd. I leave all my tract of land lying on the west side of the Louisburg road to be sold at the discretion of my Executors and the money arising from the sale of said land is to equally divided between my seven living children and my son EDWARD LEE's six living children to have one eighth part to equally divided between them.
Item 3rd. I will and bequeath to my six grand children son and daughters of EDWARD LEE One thousand dollars after taking deducting out what I have charged them with.
Item 4th. I also give and bequeath unto my daughter CAROLINE HARDY the in trust of my Executors the interest of one thousand dollars and that to be paid annually to her at her death the money to be equally divided among her children, after taking out what I have charged against them HARDY & wife.
Item 5th. I give and bequeath to my daughter LINDSEY CRAWLEY one thousand dollars after deducting out what I have charged against her.
Item 6th. I give and bequeath unto my daughter ELIZABETH LEE one thousand dollars in fee simple of her; one feather bed and furniture, one loom, one spinning wheel.
Item 7th. I give and bequeath unto my four sons named JONES LEE, JOHN W. LEE, JAMES H. LEE, EZRA LEE all the ballance of my money and proceeds arising from sale of my property to be equally divided between them after paying my just debts. I the said JOHN LEE the testator have hereunto set my hand and affixed my seal the day and date first above written in presence of. it if any of my before named children is not satisfied with this my last will and testament my will is for him, her or any of them dissenting to have not a cent.
Signed sealed and delivered the day and date first above written in presence of
I leave my friend JOHN BURGES, my son JONES LEE and my son JAMES H. LEE to be my Executors to this my last will and testament in presence of
C. M. GARDNER
Acknowledged before me
W. W. DANIEL
A paper writing purporting to be the last will and testament of JOHN LEE dec'd late of this County is propounded for probate and the same being duly proved is ordered to be recorded and thereupon JAMES LEE and JONES LEE two of the Executors named are duly qualified as such JOHN BURGES comes into Court and renounces his right of Executing said will. At the same time EDWARD HARDY and wife CAROLINE offer for probate a paper alleged to contain the noncupative will of said JOHN LEE and the same is caveated by JONES LEE, JOHN W. LEE, JAMES H. LEE and EZRA LEE, and thereupon an issue is directed to be made up whether said paper is the noncupative will of said JOHN LEE or not.
It is referred to M. W. RANSOM and B. F. MOORE say whether said paper offered as a noncupative will is so or not.
JAS. H. WHITAKER Clk
Will of Caroline
Halifax County Court, November Term 1856
I CAROLINE G. PITTMAN of the County of Halifax State of North Carolina do make this to be my last Will and testament.
Article 1st. I give unto my daughter AMARELLA HOLLAND my best bed, bed stead and bed clothes, also my clothes press.
2nd. I give unto my son GEORGE three hundred and twenty five dollars in money to be appropriated by his guardian in paying his tuition fees and board at school. I also give to my son GEORGE the little grey horse Jim, the gun, saddle & bridle the two smallest bed, bedstead and bed clothes, also my leather trunk.
3rd. I give unto my daughter AMARELLA HOLLAND my walnut dining table
4th. The residue of my property after paying my just debts I wish divided equally between my daughter AMARELLA and my son GEORGE.
5th. I leave my brother RUFFIN A. PITTMAN, whole & sole executor of my estate with full powers to manage it as he may think best. I also leave my brother RUFFIN guardian to my son GEORGE.
In witness whereof I hereunto affix my hand and set my seal this the 12th day of April A.D.1856.
C.. G. PITTMAN
M. T. WHITAKER
Will of John Toney, 1823
(Note: parts of the side of the page are torn off)
In the Name of God Amen - I JOHN TONEY of the
<torn> of Halifax and State of No. Carolina being of Sound and perfect
<torn> and memory do this 20th of August 1823 make Ordain and p<torn> this
as my Last Will and Testament in manner and form foll<torn> viz: Item.
I give and bequeath to my Son CHARLES's children ten <torn>
(See Also: John Toney
Will of Nancy Weldon-1842
In the name of God amen, I NANCY WELDON of the County
of Halifax & State of North Carolina.
Whereas it hath pleased the Lord to bless me with a portion of worldly goods & to prevent any controversies that might arise touching the same do make and ordain this my last will and testament in form & manner following that is
I give to my son HARDY WELDON the following slaves, to wit, boy DAVID, boy FED, boy NED
I lend to my daughter MARY HERBERT during her life or widowhood the following slaves, to wit, woman PENNY, girl CHANY, boy BOB, girl EDY, girl LUIZA, man PETER, woman FANNY & her child MARY. I also send to my daughter POLLY HERBERT during her life or widowhood all the land whereon I now live including the improvements except the part I shall dispose of otherwise and at the death or marriage of my daughter POLLY HERBERT my will & desire is that all the profits lent as before stated to be equally divided between my grand children that is the children of my daughter POLLY HERBERT say JOHN HERBERT, & SALLY[sic] HERBERT and the children of my son DANIEL WELDON dec'd of Alabama that may be living at that time and should either of my grand children say JOHN HERBERT or SILVY BERT[sic] die without issue then the surviving one to share the whole that would have been allotted to both & should both of the before named grandchildren die without issue then for my grandchildren in Alabama to have the whole of the property before mentioned.
I lend to my son MATTHEW WELDON the following slaves to wit, man ADAM, girl ANNY, girl RHODA and girl FANNY. Also I lend to my son MATTHEW WELDON two Hundred acres of land including such land as is already for cultivation as nearly so as can be so not to include any of the land near the improvements and should my son MATTHEW WELDON die without issue then for my grand children as before named to have the whole of the property which I have loaned to him upon the same considerations as before stated in view of my grand son JOHN HERBERT & my grand daughter SILVY HERBERT.
I wish for my land called the WHITEHEAD tract be sold on such terms as my Executor or Executors may think fit. The balance of my property not given away I wish to be sold and after my debts are paid the balance arising from such sales to be equally divided between my grand children before named, My corn crop fodder & stock & of all kinds also my household & kitchen furniture excepted left for the benefit of my daughter MARY & my son MATTHEW equally. Lastly I do appoint my friend DOCT M. WHITAKER my Executors of this my last will & testament this 25th October 1842.
A. W. MOORE
HENRY WHEELESS ("X" his mark)
Halifax County May Co. 1843
The within paper writing purporting to be the last will and testament of NANCY WELDON having been exhibited at last term are the execution thereof duly proven by HENRY WHEELES one of the subscribing witnesses and at this term A. W. MOORE also coming into court and proving the same it is declared by the court to be proven as a will both personally & really ordered to be recorded.
JAS. SIMMONS Clk
Estate of WILLIAM M.
Ordered by the Court that T. S. BROWNLOW Justice. J.
N. FAULCON, THOS. W. HARRIS, & BENJAMIN W. EDWARDS (the Justice & a majority
of others to act) be appointed commissioners to lay off & allot to SUSAN
WEST widow of WM. M. WEST dec'd out of the estate of her dec'd husband a
years provision for her self & family & such other articles as by act of
assembly she is entitled to.
J. H. SIMMONS Clk
Inventory of Slaves of WILLIAM M. WEST
by R. B. PINN, Administrator
Negro man COLLIER, old CESAR, Old SIMON, old man WINDSOR & mother, VENUS, old woman AUGUSTA, old woman CRITTER (wife of SIMON), woman MATILDA, & child HANK, girl PRISCILLA, old woman KATE
Inventory of the property of WM. M. WEST, dec'd.
to May Court 1839
Recorded Page 276
State of North Carolina
Court of Equity
Fall Term 1859
To the Honorable the Judge of said Court
The petition of CHARLES J. GEE, GEORGE W. CLARK, MAJOR WILLCOX, GEORGE BUCKHURST, JAMES BUCKHURST, EDWARD OAKLEY and wife, SARAH, CHRISTOPHER and SALLY ANN WOODCOCK, the last named are infants without guardian who sues by their father & next friend HENRY WOODCOCK --Plaintiffs
THOMAS GILL, WILLIAM E. GILL, LUCY GILL, REBECCA GILL, JOHN W. GILL, WILLIAM PEARMAN and wife ELIZABETH, FRANCIS FUQUA, THOMAS FUQUA and REBECCA FUQUA- Defendants
Honorably complaining your petitioners, the plaintiffs aforesaid, show unto your Honor that many years ago one WILLIAM M. WEST immigrated to & settled in, the County of Halifax aforesaid, from Charles City County in the State of Virginia. The said WILLIAM M. WEST died in said County of Halifax seized in for of several tracts of land situated in said County of Halifax viz- One tract which he acquired by purchase from one STERLING JOHNSON lying on the south east side of Bear Swamp, and adjoining the lands of and containing about four hundred and twenty seven acres. Also one tract of land purchased by said WM. M. WEST from one RICHARD CARTER containing Two hundred and Twenty five acres, the boundaries of which are fully set forth in the deed from said CARTER to said WEST registered in Book 23 Page 12 of the Registers office of said County. Also one tract of land containing seventy six acres and three quarters of an acre purchased by said WEST from one SHERROD SLEDGE, the boundaries of which are fully set forth in the deed of date June 30th, 1836 from said SLEDGE to said WEST and registered Book 29, Page 332 in the Registers office of said County of Halifax. Also one tract of land known as the Grave Yard tract containing one hundred acre, and one other tract containing Eighty acres. At the time of said WILLIAM M. WESTs death, which took place about the year 1838, his only heir at law was his son WADE WEST on which the said lands descended, the said WADE WEST married one BETSY GEE and died intestate leaving one child named WILLIAM WEST and his widow him surviving. BETSY his widow married one EDWARDS and had issue a son named NATHANIEL EDWARD, the said NATHANIEL is never living, the said BETSY is now dead. WILLIAM WEST the son of WADE WEST and grandson of WILLIAM M. WEST married one _______ and died intestate in the state of Alabama, leaving an only child named WILLIAM WEST and his widow him surviving. The said last named WILLIAM WEST died an infant, only one or two years of age, in the State of Alabama. in the year 1854 or early in the year 1855, leaving his mother him surviving. This said mother married one ARCHIE RIDLEY and died some time in the year 1856. On the death of the said MRS. RIDLEY the lineal descendants of the said WILLIAM M. WEST being then extinct, your petitioner are advised that the inheritance of the above described tracts of land of which the said WILLIAM M. WEST died seized and of which also the last named WILLIAM WEST who was of the blood of the first purchaser, who was the said WILLIAM M. WEST, and who left him surviving the plaintiffs GEORGE W. CLARKE and WATKINS CLARKE who are the children of BETSY a deceased sister of said WILLIAM WEST, MAJOR WILLCOX who is the son of JOICE a deceased sister of said WM. M. and who intermarried with _______ WILLCOX the father of said MAJOR; GEORGE BUCKHURST and JAMES BUCKHURST and SARAH his wife of EDWARD OAKLEY, who are the grandchildren of said JOICE by her deceased daughter NANCY who intermarried with one JAMES BUCKHURST, SALLY ANN WOOKDCOCK and CHRISTOPHER WOODCOCK, who are the grandchildren of said JOICE by her daughter TABITHA who is now dead having intermarried with one HENRY WOODCOCK. The only other children of said JOICE was one WILLIAM W. WILLCOX who died intestate unmarried and without issue. Of the above named WATKINS CLARK, for valuable consideration conveyed his interest to CHARLES J. GEE by lawful deed duly proved & registered is herewith filed and made a part of this petition. SALLY ANN and CHRISTOPHER WOODCOCK are infants and sue by their father & next friend HENRY WOODCOCK.
The defendants THOMAS GILL, W. E. GILL, LUCY GILL, REBECCA GILL, JOHN W. GILL and ELIZABETH wife of WILLIAM PEARMAN are the children of REBECCA a deceased sister of said WILLIAM M. WEST who intermarried with THOMAS GILL since dead; FRANCIS, THOMAS & REBECCA FUQUA who are the grandchildren of said REBECCA GILL by her deceased daughter MARY GILL who intermarried with one JOSHUA FUQUA; the said last named FRANCIS, THOMAS & REBECCA FUQUA are infants under Twenty one years of age and appear by their guardian ad litem the Clerk and Master of this Court.
The said named parties are the only living collateral relatives of the said WILLIAM WEST who are of the blood of WILLIAM M. WEST the first purchaser of said lands. Your petitioners further show unto your Honor that they, with the defendants, are tenants in common of said lands and desire to have partitioned thereof made amongst them according to their respective rights and interests therein. The said land is of ordinary quality and fit only for agricultural purposes, and owing to the quality thereof, the size of the several tracts, and the number of the parties interested it is impossible that actual partition thereof can be made, without serious injury to the parties interested. To the end therefore that the said land may, by a decree of your Honor, be sold on such terms as your Honor shall deem just and favorable, and that the proceeds of said sale may be divided among your petitioners and the said defendants, according to their respective interests in said land, and may be paid to or secured for them respectively according to law and the course of this court. May it please your Honor to order publication to be made for the said defendants, all of whom render beyond the limits of the State of North Carolina, notifying them of the filing of this petition and directing them to appear & answer the premises at the next term of this Honorable Court. And your petitioners as in duty bound will ever pray.
Atto for Petitioners
State of North Carolina
EDWARD CONIGLAND, as Attorney for the Plaintiffs aforesaid, maketh oath that the defendants in the foregoing petition named are non residents of the State of North Carolina.
Sworn to and subscribed before me at office, September 3rd, 1859
JOHN ANTHONY C.M.E.
(Note: this is only a portion of the estate which am posting because of the large amount of family info included for anyone researching them)
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