HALIFAX   COUNTY

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 Some Halifax County Wills, Pt. 2

From various time periods

(Transcribed by Deloris Williams)

 

Will of Isaac Bass- 1825

Halifax County Wills 1825-1854
Volume 4, Pages 9-10



In the Name of God Amen
I ISAAC BASS of the County of Halifax and State of North Carolina being in a weak state of health but perfect in mind, memory and understanding, do make and ordain this my Last Will and Testament in manner and form following, viz:
I give and bequeath to my son JOHN a certain tract or parcel of land lying & being in the County and State aforesaid containing three Hundred and eighty seven acres be the same more or less- beginning at the foot of MERRITT's Bridge on Beech Swamp and running as the road now runs to the corner of a field being the end of the Lane on the West side of the road thence down a branch to a marked sweet gum- thence along a line of new marked trees to a gut thence down the various courses of the said gut to Fishing Creek thence up the various courses of said Creek to ROBERT JNO. PITTMAN's line thence the line between ROBT. J. PITTMAN and myself and between BARTHOLOMEW BARROW and myself to the main run of Beech Swamp thence down the main run of said swamp to the beginning to him the said JOHN his heirs and assigns forever- reserving to my dear wife the "Bainfield" during her natural life and the right to get timber any where on any of the above tract of Land or on the tract given to my son TURNER.
I give and bequeath to my son TURNER a certain tract or parcel of land adjoining the above named tract beginning at the foot of MERRITT's Bridge and running the same line as above mentioned to the mouth of the Gut above mentioned where it empties into Fishing Creek thence down the various course of the main run of Beech Swamp to the beginning - Containing three hundred and eighty seven acres be the same more or less - reserving herewith to my dear wife the "light field" during her natural life this last tract of land I denominate the lower tract I will that my sons have possession of their lands as soon as I am dead but that they shall not have the power to make title to it to any other person by selling or transferring in any manner whatever until they arrive at the lawfull age of Twenty One years.
I will and bequeath to my son JOHN, one hundred acres of land lying and being in the County and State aforesaid upon which stands my dwelling house and other houses in the Piney Woods. This one hundred acres I will and bequeath as aforesaid shall be laid off by persons chosen by all parties concerned, out of my Piney Woods land and to be laid off so as to include the dwelling house, out houses and all the cleared land, reserving always the right of the said one hundred acres of land and appurtenances to my loving wife during her natural life.
I will and bequeath that the balance of my Piney Woods land be equally divided between my son TURNER and my daughter LUSCINDA by such person as they may mutually choose and that they have possession of it when they arrive at the age of Twenty one years. Now should my son JOHN die before he arrives at lawful age and after then without lawful issue then I will and bequeath all the land I have given him to my son TURNER and should my son TURNER die before he arrives at lawful age or without a lawful heir then I will and bequeath all the land I have given him to my son JOHN and should they both die as aforesaid then the lands all to be divided between my two daughters other heirs. I will and bequeath to my loving wife during her life four Negroes ATIMORE, RHODA, GEORGE and ALSTON and after her death these four Negroes and increase to be equally divided between my sons JOHN and TURNER and my daughter LUSCINDA.
I will and bequeath to my son JOHN the following Negroes and their increase to him and his heirs forever vizt; TOM, TEMP, GUILFORD, BURKETT and ZENA.
I will and bequeath to my son TURNER the following Negroes to him and his heirs forever vizt CHARLES, JONNY, HARRY, JOE, MARY and increase.
I will and bequeath to my daughter LUSCINDA her heirs and assigns forever vizt. CAROLINE, PETER, BASHABA, FANNY, EDNY and CYNTHIA and their increase. Should either of my children JOHN, TURNER or LUSCINDA die before they arrive at lawful age or have a lawful heir of their body, I will and bequeath that my remaining living children (and among them my daughter EMILY is included) heir their Negroes equally. I will and desire that all my perishable estate consisting of stock, corn, fodder &c be sold on a credit of Six Months by my executor he taking good security for all he sells, and that he pay all my just debts out of the same. And also I will and bequeath to my loving wife one third of the amount of Sales of my perishable Estate to be paid to her as soon as the same may be due. Should my perishable estate not sell for sufficient to pay my debts after giving my wife her part then the property of my sons JOHN and TURNER and my daughter LUSCINDA is equally and proportionably bound to pay the deficiency. But should my perishable Estate overpay my debts (after my wife has her thirds) then I will & bequeath the balance or surplus to be equally divided between my son JOHN and my daughter LUSCINDA leaving my son TURNER out as I consider the Negroes given him most valuable.
I will and bequeath to my daughter EMILY and her heirs forever two Negroes MATILDA and NED and their increase. And I will that her husband GIDEON BASS be free and clear from any debt he may be owing me at my death.
It is my will and desire that my son JOHN BASS be Executor of this my Last Will and Testament. I do publish & declare this to be my Last Will and Testament declaring all former wills by me made null and void.
In witness whereof I have hereunto set my hand and seal this the 4th day of June 1825. The Words "make a little" in one place and "increase" in another before signed.

ISAAC BASS ("x" inside a circle, his mark)

In presence of
R. J. PITTMAN
LEWIS B.K. DICKEN

 

Halifax County
November Court 1825
Then this Will was exhibited in open Court and duly proved by oath of LEWIS B.K. DICKEN a witness thereto and on Motion ordered to be recorded. Whereupon JOHN BASS the Executor named therein came forward and was duly qualified.
Teste
RICHARD EPPES Clk Co.

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Will of Junius Daniel- 1863
Halifax County Wills 1868-1891
Volume 6, Pages 36-39

State of Virginia
Orange County


I
JUNIUS DANIEL of the County of Halifax, and State of North Carolina, being of Sound and disposing mind and memory, do make and declare this my last Will and Testament.
First and chiefly: I desire that all of my debts, that may be outstanding against me at the time of my death be paid; and I do hereby charge and direct my Executor and Executrix hereinafter named and appointed, that they make full payment of the same and that they reserve and apply to this purpose, such portion of my personal property, as may be necessary.
I also desire and direct that a sufficient sum be reserved by my Executor and Executrix to defray the expences of my funeral having deducted so much as may be necessary for the purpose above specified, I dispose of the remainder of my property both real and personal as follows Namely;
First I devise and bequeath to my beloved Wife ELLEN W. L. DANIEL, one half of all my property both real and personal without reserve or limitation, and the whole of my plate and such other valuable as may be not included under the head of real and personal property; I further give to my wife ELLEN W. L. DANIEL, in the event that my father J. R. J. DANIEL be not living at th etime of my death, one half of all my right and interest in the Estate of my Father J. R. J. DANIEL Executors at the time of his death or that may arise thereafter.
Secondly; I devise and bequeath to my Father J. R. J. DANIEL in case he be living at the time of my death, the other half of both my real and personal property remaining after taking out the portion already givento my wife ELLEN W. L. DANIEL with the request that he make suitable provision therefrom for my cousin WILLIAM D. DANIEL, youngest son of WILLIAM W. and DOROTHEA DANIEL, and for JUNIUS DANIEL LOCKHART son of B. F. and SENY M. LOCKHART. But in case my father J. R. J. DANIEL be not living at the time of my death, I will and direct that the residue of my property both real and personal after taking out the portion already given to my wife ELLEN W. L. DANIEL be disposed of as follows namedly
First I give therefrom, to my uncle WILLIAM W. DANIEL the interest on ten thousand dollars to be paid to him annually during his life, and at the death the principal to be divided equally between the three daughters of my uncle WILLIAM W. DANIEL or between such of his three daughters as may be then living; and in the event that my uncle WILLIAM W. DANIEL be not living at the time of my death, I give and bequeath to the three daughters of my uncle WILLIAM W. DANIEL, or to such of them as may be then living, the above sum of ten thousand dollars, to be divided equally between them, and in the event that neither my uncle W. W. DANIEL nor any of his daughters be living at the time of my death , I desire the above sum of ten thousand to be paid to my Cousin WILLIAM D. DANIEL.
Secondly; I give therefrom, to each of my uncles N. L. and ALBERT B. STITH, the interest on ten thousand dollars, to be paid to them annually during their lives, and at their deaths the principal to be given to the two youngest children then living of N. L. STITH.
Thirdly; I give and bequeath therefrom to EMILY FELLMAN SMITH, daughter of EDMUND B FELLMAN of the City of Raleigh, N.C. and to her heirs, the sum of ten thousand dollars. The above sums to be raised after the treaty of peace between the Confederate Government, and the Government of the United States by th esale of such portion of both my real and personal property now in North Carolina, as may be necessary, and as in not included in the portion already given to my wife ELLEN W. L. DANIEL.
Lastly; I give to my cousin WILLIAM D. DANIEL youngest son of WILLIAM W. and DOROTHEA DANIEL in addition to the provision already herein made for him my Negro man GEORGE, known as RED NECK GEORGE. I also give and bequeath to SALLIE LOCKHART daughter of B. F. and SENY M. LOCKHART, and to her heirs my Negro girl ANNA, daughter of ROSINE now in possession of MISTRESS W. P. EATON.
The residue of my property both real and personal and of my right and interest in the Estate of my father J.R.J. DANIEL, after deducting the portion already given to my wife ELLEN W. L. DANIEL and the several sums bequeathed to my uncles WILLIAM W. DANIEL and N. L. and ALBERT B. STITH and their children and also that given to my cousin EMILY FREEMAN SMITH I give in case my father J.R.J. DANIEL be not living at the time of my death to my cousin WILLIAM D. DANIEL aforesaid son of WILLIAM W. and DOROTHEA DANIEL and to JUNIUS DANIEL LOCKHART, son of B. F. and SENY M. LOCKHART to be equally divided between them.
In the devision of my property herein before directed to be made I intend and will that the following Negroes be included in the portion given to my wife ELLEN W. L. DANIEL namely; ADALINE and all of her children JOHN & his wife JANE, and all of their children HENRIETTA and her child, and WILLIAM child of MILLEY.
I also constitute and appoint my wife ELLEN W. L. DANIEL my lawful executrix to act as such in conjunction with my father J.R.J. DANIEL whom I also appoint my lawful Executor to this my last will and testament provided he be living at the time of my death & in the event of his dying before I do, I name and appoint B. F. LOCKHART of the County of Northampton & State of North Carolina to be my Executor and to act as such in conjunction with my wife ELLEN W.L. DANIEL above named as my Executrix.
Made signed and sealed by me this Twenty fifth day of September one thousand Eight hundred and Sixty three in presence of

Witness                                                             JUNIUS DANIEL
FRANK PATTERSON
W. E. STITH


State of North Carolina
Halifax County
In the Probate Court

A paper writing purporting to be the last Will and Testament of JUNIUS DANIEL deceased, is exhibited before me the undersigned, Judge of Probate for said County by JOHN J. LONG; the executors therein named having relinquished their said office in behalf of the said JOHN J. LONG which relinquishment is proven and filed of record, and the due execution thereof by the said JUNIUS DANIEL is proved by the oath and examination of FRANK PATTERSON and W. E. STITH the subscribing witnesses therein; who being duly sworn doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the last Will and Testament of JUNIUS DANIEL, that the said JUNIUS DANIEL in the presence of the deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid and which bears date of the 25th day September 1863.
And the deponent further saith that the said JUNIUS DANIEL the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him, and exhibited to be the last Will and Testament, and the deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator. And the deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of the deponents subscribing his name as an attesting witness thereto, as aforesaid, the said JUNIUS DANIEL was of sound mind and memory of full age to execute a Will and was not under any restraint to the knowledge, information or beliefe of this deponent, and further these deponents say not.
W. E. STITH
FRANK PATTERSON

Signed Sealed and delivered
in the presence of
JOHN T. GREGORY
Probate Judge
28th day of April 1870

 

 

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In the Matter of Gideon P. Hervey's Will-1866
Halifax County Wills, 1855-1865, Volume 5
Pages 89-92

Halifax County Court November Term 1866

A Transcript of the record in the matter of the probate of the Will of GIDEON P. HERVEY from the superior Court of the County of Warren is exhibited to this Court together with the paper propounded as said will and it appearing thereby that the paper and every part thereof had been proved and declared to be the last will and testament of the said GIDEON P. HERVEY and the said entire record had been ordered to be certified to this Court - to the end that this Court should direct, as well, the said will as the said record concerning the same to be recorded by this Court _ It is therefore ordered that said transcript and said will be recorded and that said will be filed away with the probated will of this Court - The said transcript and will are in the following words and figures, to wit:

North Carolina
Warren County
Be it remembered that at a Superior Court of Law begun and held for the County of Warren at the Courthouse in Warrenton on the third Monday after the fourth Monday of September A.D. 1860 the Honorable R. R. HEATH Judge presiding, JAS. M. GRIZZARD Esq'r Clerk of the Superior Court of Law for the County of Halifax brings into said Court the transcript of a record from said Superior Court of Law for the County of Halifax, which said transcript is in the following words and figures, to wit:

State of North Carolina
Halifax County
Be it remembered that a Superior Court of law begun and held for the County of Halifax at the Courthouse in Halifax Town on the fourth Monday after the fourth Monday of March A.D. 1860 the Hon. R. M. SAUNDERS, Judge presiding, the following proceedings are had to wit:

In the Matter of the Last Will & Testament of G. P. HERVEY dec'd-
A transcript of the record fro the Court of Pleas and Quarter Sessions for Halifax County is transmitted to this Court and is in the following words and figures to wit:

State of North Carolina
Halifax County
Be it remembered that at a Court of Pleas and Quarter Sessions begun and held for the County of Halifax at the Court House in Halifax Town on the Third Monday of May A.D. 1859 the following Justices of said present and presiding to wit: T. P. DEVEREUX, K. H. SMITH, L.H.B. WHITAKER, and R. B. PARKER, the following proceedings were had to wit:

In the Matter of the Last Will and Testament of G. P. HARVEY dec'd
A paper writing purporting to be the last Will and testament of GIDEON P. HERVEY deceased, and which is in words and with propounded figures following to wit:

In the name of God Amen the 12th day of April in the year of our Lord One Thousand eight hundred and fifty nine, I GIDEON P. HERVEY of the County of Halifax and State of North Carolina being in Sound state of mind and memory but calling to mind the frail tenure of life, and that it is appointed to all men once to die, do make and ordain this my last will and testament, that is to say, principally, and first of all, I recommend my soul into the hands of Almighty God who gave it, and the disposal of my body I leave to the entire discretion of my friends, with respect t my worldly estate I give bequeath and dispose of it in the manner and proportions here following.
Item 1. I give and bequeath all my Bear Swamp land to my three sisters equally, POLLY WILLIAMS, BETSY CARSTARPHEN and JUDITH DANIEL.
Item 2nd. I give and bequeath that my man MIDDLESEX and his wife RACHAEL, also my man SAM and CHARLES be set free according to law, or be as free as the law will allow.
Item 3rd. I give and bequeath unto my brother P. P. HERVEY all of the balance of my estate consisting of Negroes- land- Stock of all kinds- meat- money - bonds- notes and accounts, household and kitchen furniture and every other species property not herein enumerated.
Item 4th. I hereby appoint HENRY J. HERVEY, PEYTON E. HERVEY and JOHN HERVEY my Executors to this my last will and testament. In witness whereof, I hereunto set my hand and affix my seal the day and date above written - is propounded for probate by H. J. HERVEY, P. E.HERVEY and JOHN HERVEY the executors therein named, thereupon JUDITH DANIEL one of the Heirs at law and next of of the said GIDEON P. HERVEY comes into Court and enters a caveat to the probate thereof and says that the same is not the last will and testament of the said GIDEON P. HERVEY, or any part thereof. And thereupon the Court directs the following issues to be made up and submitted to a jury to wit, Is the said paper writing or any part thereof and if so what part, the last wll and testament of the said GIDEON P. HERVEY or not; And on motion it is ordered that a citation be issued to POLLY WILLIAMS one of the heirs at law and next of kin of said GIDEON P. HERVEY who resides in the limits of this State to appear at the next Term of the Court to see proceedings in this cause and make herself a party to said issue if she shall think proper. And it appearing to the satisfaction of the Court, that BETSY CARTSTARPHEN one of the heirs at law and next of kin of the said GIDEON P. HERVEY resides beyond the limits of this State it is ordered that publication be made in the Weldon Patriot for six weeks notifying her to appear at the next term of this Court then and there to see proceedings in the cause and make herself a party to said issue if she shall think proper so to do, and afterwards at the Term of said Court begun and held for said County on the Third Monday of August 1859 at the Court House in Halifax. R. H. SMITH, L. W. BATCHELOR and L.H.B. WHITAKER Justices present and presiding it appearing to the satisfaction of the Court that publication has been made in the Weldon Patriot for six successive weeks for BETSY CARSTARPHEN and it further appearing that NANCY HERVEY one of the next of kin and heirs at law of said GIDEON P. HERVEY resides beyond the limits of this State it is ordered that publication be made in the Weldon Patriot for six weeks notifying her to appear at the next Term of this Court then and there to see proceedings in this cause and to make herself a party to said issue if she shall think proper so to do, and afterwards to wit; the third Monday of November 1859 before T.P. DEVEREUX, L.H.B. WHITAKER, RICHARD H. SMITH, R. B. PARKER and L. W. BATCHELOR Justices of said Court it appearing to the satisfaction of the Court that publication has been duly made in the Weldon Patriot for six successive weeks, and therupon further day is given to the parties, to wit; the Third Monday of February 1860, at which last mentined day at the Court House in Halifax before T. P. DEVEREUX, L. W. BATCHELOR, RICHARD H. SMITH, L.H.B. WHITAKER and L.L. SAVAGE Justices of said Court this cause coming on to be heard the following jury to wit, T.M. CARLISLE, D. CLARK, JOHN TILLERY, P.H. HINES, J.E. MOORECOCK, H.A. SLEDGE, E. A. THORNE, R. BUTTS, N. LEWIS, L. H. MORRIS, A.M. BUTTS, and E. WILEY being chosen tried and sworn to try the issues between the parties say that the said paper writing and every part thereof is the last will and testament of the said G. P. HERVEY. It is therefore considered by the Court, that the said paper writing be duly filed and recorded as the last will and testament of the said G. P. HERVEY. It is further considered that the said H. J. HERVEY, P. E. HERVEY and JOHN HERVEY do recover against the said JUDITH DANIEL their costs of suit from which judgment the defendant prays an appeal to the Superior Court of law of Halifax County and it is allowed upon her giving bond according to law with W. W. DANIEL as surety. Bond executed and here with sent.
Bill of Cost:
Clerk 8.20
Tax 1.00
Sheriff 8.10
Atto. 4.00
Weldon Patriot 23.00
Pltffs wits:  J.H. QUALLS 10.68
W. PULLEN 7.06
L.C. WILLCOX JR. 14.20
L.B. BENNET 5.06
L.C. WILLCOX SR. 9.29
W.C. FINCH 10.90
J.B. BOWERS 6.86
H.D. CRAWLEY 7.32
H. PRITCHETT 8.90
L. VINSON 4.86
R. PULLEN 6.83
T. WILLCOX 9.19
M.L. WIGGINS 6.86
Defts. wit:    H.A.SLEDGE 9.30
WM. CARTSTARPHEN 15.43
E. HARPER 10.90
G.H. MACON 6.12
W. M. PERKINS 6.80
J.L. PRICE 10.44
W.T. WILLIAMS 8.28
STEPHEN HERVEY 5.60
B. HUNTER 4.23
 

I, JAS. M. GRIZZARD Clerk of the Superior Court of Law of Halifax County State aforesaid do hereby certify that the foregong is a full and perfect transcript of the record in the matter of the last will and testament of GIDEON P. HERVEY dec'd lately pending in said Court between H. J. HERVEY, P.E. HERVEY and JOHN HERVEY ex'rs Plaintiffs and JUDITH DANIEL Defendant. In testimony whereof I hereunto set my hand and affixw the seal of said Court at office in Halifax Town this 25th day of September A.D. 1860.
JAS. M. GRIZZARD, C.S.C.


Said Cause of H.J. HERVEY et al Executors &c
vs
JUDITH DANIEL

Is entered on the Docket of the said Superior Court and an order is thereupon made in these words, to wit, "cause to be taken up on Tuesday of the next Term" And thereupon further time is given to the parties to wit; the third Monday after the fourth Monday of March A.D. 1861, at which last mentioned day at the Court House in Warrenton before Hon. JOHN L. BAILEY Judge the party aforesaid by their attorneys came, and thereupon the following jurors, to wit, SAMUEL N. MILLS, JAMES P. HARRIS, ALBERT G. DUKE, JOHN D. LANGFORD, W.A.K. FALKNER, SIMON G. DUKE, JOHN L. NEAL, KINCHEN BOBBITT, R.G. MOORE, JOHN S. DAVIS, JOHN S. CHEEK and WILLIAM B. WILLIAMS are chosen tried and sworn to speak the truth concerning the issue joined between the parties upon their oath say that the said paper writing and every part thereof is the last will and testament of the said GIDEON P. HERVEY. And thereupon it is considered by the Court that the Plaintiffs recover against the Defendant JUDITH DANIEL the cost of the case. Wherefore it is declared by the Court that the said paper writing and every part thereof is the last will and testament of the said GIDEON P. HERVEY dec'd and it is ordered that the same be recorded as such in the County of Halifax and to this end it is ordered that the entire record in this Court concerning the said will and the caveat thereof be certified to the Court of Pleas and Quarter Sessions of the County of Halifax in order that the said Court of Pleas and Quarter Sessions may direct, as it is hereby commanded, that as well said will as the records of this Court concerning the same be recorded by the Court of Please and Quarter Sessions of the County of Halifax aforesaid. It is further ordered that the original will of the said GIDEON P. HERVEY be transmitted to the said Court of Pleas and Quarter Sessions of the County of Halifax to the end that it may be filed among the wills probated and admitted of record in the said County of Halifax.

North Carolina
Warren County
I BENJAMIN E. COOK Clerk of the Superior Court of law for the County of Warren aforesaid hereby certify that the foregoing contains a full true and perfect transcript of the entire record in said Court concerning the last will and testament of GIDEON P. HERVEY and the caveat thereof lately pending in said Court between H. J. HERVEY, P.E. HERVEY and JOHN HERVEY Executors, Plaintiffs and JUDITH DANIEL, Defendant. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court of office in Warrenton this 13th day of May A.D. 1861.
BENJ. E. COOK, CSC


In the name of God Amen, the 12th day of April in the year of our Lord One thousand eight hundred and fifty nine. I, GIDEON P. HERVEY of the County of Halifax and State of North Carolina being through the blessing of God in sound state of mind and memory, but calling to mind the frail tenure of life and that it is appointed to all men once to die, do make and ordain this my last will and testament, that is to say principally and first of all I recommend my soul into the hands of Almighty God who gave it me and the disposal of my body I leave to the entire discretion of my friends. With respect to my worldly estate I give bequeath and dispose of it in the manner and proportions here following.
Item 1st. I give and bequeath all my Bear Swamp Land to my three sisters equally, POLLY WILLIAMS, BETSY CARSTARPHEN and JUDITH DANIEL.
Item 2nd. I give and that my man MIDDLESEX and his wife RACHEL also my men SAM and CHARLES to be set free according to law, or be as free as the law will allow.
Item 3rd. I give and bequeath unto my brother P. P. HERVEY all the balance of my Estate consisting of Negroes, Land, Stock of all kind, crop of corn & fodder, meat, money, bonds, notes and accounts, household and kitchen furniture and every other species of property not herein enumerated.
Item 4th. I hereby appoint HENRY J. HERVEY, PEYTON E. HERVEY, and JOHN HERVEY my Executors to this my last will and testament. In witness whereof I hereunto set my hand and affix my seal the day and date above written.
GIDEON P. HERVEY

C. D. CRAWLEY
JAMES H. QUALLS


 

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Will of Arthur McDaniel-1874
Halifax County Wills 1868-1891
Volume 6, Pages 111-115


 

Halifax County, Probate Court 1874
In the name of God amen- I ARTHUR McDANIEL of Halifax County State of North Carolina declare my last will and testament to be as follows, and I hereby revoke all formr wills and testaments by me heretofore at any time made.
First- I hereby satisfy and confirm the deeds for land by me heretofore made and executed to NEWELL E. FAUCETT, MRS. NANCY CONIGLAND wife of ANDREW CONIGLAND, WILLIAM D. FAUCETT, son of my nice [sic] MRS. JANE R. HAWKINS. Also to JESSE McDANIEL colored, to FLETCHER WHITAKER and wife DELLA both colored to GEORGE McDANIEL colored, and also the deed made by me to JOHN BEAVANS Junior.
Second- I devise to HENRY McDANIEL, LEE McDANIEL and WILLIAM McDANIEL colored and children of HENRY McDANIEL colored deceased, each Fifty acres of land to be allotted to each of them out of that tract of land purchased by me from MRS. SALLY JOYNER not otherwise disposed of and to include that portion of said land on which they now reside with their mother.
Third- To MRS. MARGARETT RYAN, widow of EDWARD RYAN deceased, I devise the Triangular piece of land containing between Thirty and Forty acres, and bounded by McMAHAN's Avenue, the public road, and MRS. MARGARETT RYAN's own land, the same being a portion of the tract of land purchased by me from MRS. SALLY JOYNER.
Fourth- To MRS. NANCY CONIGLAND wife of ANDREW CONIGLAND I devise Thirty acres of land to be alloted to her out of the land purchased by me from MRS. SALLY JOYNER and to run parrallel with her own line and to abut on the public road to the Marsh bridges.
Fifth- The tract of land on which I now live containing Four hundred acres and inherited by me from the estate of my deceased father, I devise to my niece MRS. JANE HAWKINS during the Term of her natural life, and at her death to each of her children, except WILLIAM D. FAUCETT, as may be then living and the issue of each as may be then dead leaving issue then living, such issue to represent the parent and to take such share as the parent would take if then living, WILLIAM D. FAUCETT being excluded from all share in this devise. I also bequeath absolutely to the said MRS. JANE HAWKINS my household and kitchen furniture and farming suplements and utensels, and also my gin and Brandy still. This devise and bequest are to become absolute only on condition that the said MRS. JANE HAWKINS shall not hold my estate responsible for any deficiency in the Trust fund, or mismanagement thereof, which which was devised and bequeathed to me by her father JAMES McDANIEL, in Trust for her benefit and the benefit of her children, and should she or any of her children hold my estate responsible for any such deficiency, or mismanagement, then the devise and bequest in this clause specified shall not take effect, but shall go into the residue of my estate.
Sixth- The residue of my estate I devise to be applied first to the payment of my debts, and secondly after the payment of my debts including the charges of administering my estate I direct said residue to be distributed among the children of ANDREW GUNTER by his first wife MAY GUNTER, and the children of WILLIAM McDANIEL per capita.
I appoint my friends HENRY J. HERVEY and WILLIAM W. BRICKELL executors of this my last will and testament and I desire that no bond shall be required of them by the Probate Judge.
In witness whereof I have hereunto set my hand to this my will written on this & three [sic] three pages next preceding the Fifth day of August A.D. 1873.
A. McDANIEL

Witnesses:
H. BOND
JNO. T. ALSOP


I ARTHUR McDANIEL declare this present writing to be a codicil to my last will and testament, and to be taken as a part of the same I hereby revoke the disposition of the residue made in my said will and testament, and I give devise and bequeath all the residue of my estate to MRS. JANE HAWKINS and her children equally to be divided between them.
In al other respects I hereby ratify and confirm my said last will and testament: Witness my hand this 22d day of May 1874.
A. McDANIEL ["X" his mark]

Witness
JOHN L. WILLIE
JESSE McDANIEL
ANDREW CONIGLAND

State of North Carolina
Halifax County
In the Probate Court 22nd June 1874

The foregoing paper writing of date August 5th 1873, and the codicil thereto attached of date May 22nd 1874, is profounded for Probate, before the undersigned Judge of Probate for Halifax County on the 15th day of June 1874, by NEWELL E. FAUCETT one of the legatees therein named and the cause is continued untill the 22d day of said month, HENRY J. HERVEY and WILLIAM W. BRICKELL the executors in said paper writing named having renounced the appointment of Executors therin confirmed upon them. And thereupon HENRY BOND and JOHN T. ALSOP the subscribing witnesses to the paper writing of date August 5th, 1873, being sworn and examined in substance say, and each for himself say, that he is a subscribing witness to the said papr writing bearing date as aforesaid, and that the said ARTHUR McDANIEL in the presence of said witnesses and of each of them, subscribed his name at the end of said paper writing, and at the time of subscribing his name did declare the said paper writing to be his last will and testament, and that the said witnesses and each of them subscribed his name as an attesting witness thereto in the presence of the said ARTHUR McDANIEL and according to his best impression and beliefe at his request, and that the said ARTHUR McDANIEL was at the time, of sound mind and memory, of full age to make a will and was not under any restraint, according to the best knowledge, information or belief of the said witnesses.
And JOHN L. WILLIE, JESSE McDANIEL, and ANDREW CONIGLAND, subscribing witnesses to the paper purporting to be a codicil of date May 22d 1874, to the aforesaid paper writing being duly sworn and examined say in substance that is the said JOHN L. WILLIE, that on Friday morning May 22nd 1874, he was asked by NEWELL E. FAUCETT to go into the room where ARTHUR McDANIEL was then lying sick and witness the said codicil was shown to him, that he did go and that NEWELL E. FAUCETT read said paper over to the said ARTHUR McDANIEL and asked him if he was perfectly willing to sign it, and ARTHUR said yes and bowed his head, and that the said ARTHUR then subscribed his name by making his mark to said paper, and that thereupon the witness signed the same as a witness in the presence of the said ARTHUR McDANIEL.
That the said ARTHUR McDANIEL was of full age, and according to the knowledge information and belief of the said WILLIE, was under no restraint and capable of making a will. JESSE McDANIEL testifies for himself in substance the same as the witness last named, except that after ARTHUR McDANIEL subscribed the said paper by making his mark, the said NEWELL E. FAUCETT asked him, JESSE, to witness the paper, and the witness did so in the presence of the said ARTHUR McDANIEL. ANDREW CONIGLAND testifies in substance for himself, the same as the foregoing witnesses JOHN L. WILLIE and JESSE McDANIEL. Above evidence is filed with the will and the other papers attached thereto.
DR. JOHN A. COLLINS is introduced as a witness by the propounder, and being duly sworn says, in substance that he attended ARTHUR McDANIEL during his last sickness, and that in the afternoon of May 21st 1874 the said ARTHUR was rational, conscious and capable of making a will. That he did not see him again until the afternoon of the next day Friday, the day that the will was made, and after it was made, that he was then in a semi comatose state, but conscious when addressed and rational, and that in the opinion of the witness he was capable of making a will on the morning of that day. That in 1873 at the date of the paper of August 5th of that year, the said ARTHUR McDANIEL was feeble, but his mind was clear, and he was then capable of making a will.
And thereupon the Court doth declare that the said paper writing of date August 5th 1873, except that part thereof which disposes of the residue, and the said codicil of date May 22d 1874 and each and every part thereof, except as herein above stated to be and contain the last will and testament of ARTHUR McDANIEL deceased late of Halifax County and the Court doth order the said paper and each and every part thereof, with this probate to be recorded and filed.
And HENRY J. HERVEY and WILLIAM W. BRICKELL the executors in said last will and testament named, came in and renounce their right to qualify as such Executors, and ask that their said renunciation and refusal be entered of record. And it is allowed and so ordered. And thereupon JOHN T. ALSOP is appointed by the Court administrator with the Will annexed of the estate of the said ARTHUR McDANIEL deceased, and executes his bond in the penal sum of Twenty five hundred dollars, with SAMUEL S. ALSOP and JAMES MOSELEY as his sureties conditioned according to law for the faithful administration of said estate, which bond is proved and acknowledged in Open court, and being justified, is accepted by the Court, and ordered to be filed, and thereupon the said JOHN T. ALSOP comes and is duly qualified as administrator by taking and subscribing the oath prescribed by law.

JOHN T. GREGORY
Probate Judge


 

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Will of JAMES WHITAKER - 1825
Halifax County Wills 1825-1854
Volume 4, Page 11
 


The Will and Testament of JAMES WHITAKER son of JOHN and CHRISTIAN WHITAKER and now in the fifty second year of his age and having been blessed with a number of children and having some more property than will pay his debts gives it to his children in the following manner- That is to say
1st. I give to my daughter NANCY B. SIMMONS my Negro girl LIBBY, which she now has in possession and her increase. Also my Negro man CATO.
2nd. I give to my daughter ELISABETH my Negro man NED and his wife ESTHER also their son LUKE.
3rd. I give to my sons ELI B., JOHN and JAMES C. WHITAKER three hundred and twenty acres of land beginning in the mouth of the Lodging branch thence to a known corner standing in what is called the Sandy ridge thence running a right angle triangle so as to split the old survey corner ways including ten acres more or less on the aforesaid Lodging Branch and beginning at the aforesaid beginning in the mouth of the said Branch - the courses of the aforesaid land may be seen by having reference to a deed given by my father to me. I also give my aforesaid three sons the following Negroes - OLD BOB, LONG BOB, OLD SAM, LINAH [SINAH?] and JERRY all which they can divided between themselves as two are now of age and the other nearly. I have heretofore given my son ELI B. a horse named Barry. To my son JOHN a sorrell horse that I bought of my Son-in-law JESSE H. SIMMONS. And to my son JAMES the horse that is now called his by the name of Jack.
4th. I give to my five sons following vizt RICHARD HENRY, CAREY, WILLIAM BRADFORD, ABSALOM and THOMAS the balance of my land in this County including the house whereon I now live to be equally divided. I also leave my aforesaid five sons the following Negroes OLD AMEY, JENNY, and MALISSA her daughter, DAVID her son and SAM the son of OLD VENUS.
5th. I give to my three youngest daughters that is SARAH, CHRISTIAN EMMA & MALISSA the following Negroes OLD VENUS and MINGO her son, JUDAH and YOUNG VINEY, her daughter, also YOUNG AMMY and CAROLINE daughter of OLD AMEY, but should either of my three last mentioned die before they come of age or marry, then and in that case it shall descend to the survivors of them. But should both of my daughters that I had by my last wife that is EMMA and MELISSA die before they come of age or marry the and in that case the property heretofore given them to be equally divided between my (three [crossed out]) other daughters or their heirs. After paying my debts the balance of my property if any be equally divided between the whole of my children. I constitute and appoint my brother CARY WHITAKER Executor of this my Will. Also guardian of all my children under age and that he have full power to rent out, lease or hire out land and Negroes either at public or private sale. And to act with as full power as I myself could do if living. I have heretofore given my daughter NANCY a cow and calf, bed and furniture, Dressing table and Looking Glass- therefore I give to my four other daughters that is ELISABETH, SARAH, CHRISTIANA EMMA and MELISSA the same. Furthermore as I have given my three eldest sons a horse apiece my will is that my five youngest do each have a horse such a one as my Executor heretofore named may think proportionable with those already given.

Halifax County
November Court 1825
Then this will was exhibited in open Court and the handwriting thereof was duly proved by oaths of L.H.B. WHITAKER, A.B. WHITAKER and WILLIAM WOOTEN - Also proved by ABSALOM B. WHITAKER to be filed among his valuable papers - and on motion ordered to be recorded.
Whereupon the Executor named therein came forward and was duly qualified thereto.
Teste
RICHARD EPPES Clk C.

 

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