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Will and Estate of Henry A. Foote

Warren County Will Book 50, Page 9

Probated 1863

In the name of God Amen I HENRY A. FOOTE of the County of Warren and State of N. Carolina Being of sound mind and memory but mindful that it is appointed unto all men once to die do make publish and declare on this 8th day of June 1852, this to be and to contain my last will & testament in manner and form as follows viz;
1st I give to my beloved wife NANCY during her life all the land wherever situated which I may own at the time of my death and after her death I wish it to be equally divided amongst all my children.
2. I also give or loan unto my wife all the Negroes I may die possessed of, on the following conditions, one third of my Negro property my wife is to have during her life & the other two thirds to be equally divided between all my children as they may marry or become of lawful age. In this way, all my Negro property will remain in possession of my wife until my children may successively marry or become of age and she is not to be charged with the hire of Negroes rent of land or any thing of the kind. Such an education as my estate will in the judgment of my wife and Administrator afford, is to be given to my children out of the general stock without separate charge to any nor are they to be charged with board whilst minors & with their Mother.
3. All my other property of every kind and description whether particularised here or not, consisting of crop, stock, furniture, utensils vehicles & c I give to my wife to do with as she may think proper.
4. I also give to my wife all that may be owing to me and she is to pay in any way she and my administrator may prefer the debts i may be owing.
5. At the death of my wife, all the property of every kind which I have loaned to her during her life is to be equally divided between all my children.
6. I hereby appoint my friend THOS. J. PITCHFORD my Executor to carry into full force and effect, this my last will & testament dated as above written this 8th day of June A.D. 1852.
Witness my hand and seal

Warren County Court February Term 1863
A paper writing purporting to be the last will and testament of HENRY A. FOOTE, deceased, is exhibited for probate by NANCY FOOTE, one of the legatees therein named, and the due execution thereof by the said HENRY A. FOOTE, is proved by the oath and examination of JOHN M. BRAME one of the subscribing witnesses thereto; and it is further proved by the oath & examination of SAMUEL DAVIS that THOMAS J. PITCHFORD the other subscribing witness thereto, is unable to attend this Court from indisposition and sickness that he the said SAMUEL is acquainted with the handwriting of the said THOMAS having seen him write and that the name of the said THOMAS subscribed as a witness to the said will, is in the proper handwriting of the said THOMAS.
It is therefore considered that the said paper writing is the last will and testament of the said HENRY A. FOOTE and the same is ordered to be recorded and filed.
And thereupon the written renunciation of THOMAS J. PITCHFORD of his right to qualify as Executor to said will, dated February 23rd 1863, is proved by the said SAMUEL DAVIS and is ordered to be filed.

Administrator's Inventory

An Inventory of the personal property of HENRY A. FOOTE dec'd which came into the hands of NANCY D. FOOTE, his administratrix with the will annexed.
Includes 39 Slaves:
Harry, Plummer, Washington, Remus, Ben, Stephen, Jerry, Buck, Harry, Wesley, Joseph, Grandason, Dock, Arthur, Daniel, Jim, Sam, John, George, Dick, Jeff, Lucinda, Sarah, Delilah, Fannie, Judy, Esther, Lydia, Ella, Susan, Dinah, Frances, Kate, Nancy, Tempy, Mariah, Eveline, Mary and Martha.
Also includes Good Debts- Bonds on following:
William Myrick
S. N. Mills
John Askew
G. I. Judkins
H. J. Davis
J. H. Harriss
Thomas Brown
G. A. Foote
Mrs. Duncan, J. B. Powell, Nathan Nicholson, Thomas M. Paschall, Francis T. Burrow, T. E. Wilson, W. T. Howard, Lydia Minge

Signed by N. D. FOOTE
Warren County, North Carolina
August 24, 1863



Division of Slaves
Estate H. A. FOOTE

November Term 1863
Recorded Book 47, Page 411 &c
Wm. A. White Clk.

State of North Carolina
Warren County
Pursuant to an order of Warren County Court August Session 1863. the undersigned Samuel Bobbitt, John T. Williams & John Watson first being duly sworn have divided the Negroes belonging to the Estate of Henry A. Foote, dec'd as set forth in the petition of Mrs. Nancy D. Foote, Geo. A. Foote James S. Foote & William G. Simmons & wife Mary filed at August Session aforesaid in the following manner: Total value of Slaves Forty nine thousand Nine Hundred dollars ($49,900) divided into Six equal shares those slaves to be allotted to Mrs. Nancy D. Foote & the others to each one of the other partitioners.

James S. Foote to Receive - $8316.66 2/3

Lot No. 1: Age Value
Ben 33 $2500
Daniel  6   1200
Esther 23   2200
Mary   2     500
Lucind 48     400
Frances 12   1500
To Receive from (Lot No. 2, 4 or 5) -1666.2/3
Nancy D. Foote---------------------$8316.66 2/3
To Receive -----------------------$24950.00

Lot No. 2, 4,& 5:

Stephen 28 $2500
Arthur   9   1200
Lydia 24   2000
Martha  1     300
Carried Forward $6000

Amt brought forward



By Amount brought forward     6000.00
Kate 12     1600.
John   4       700
Wesley 19     2800
Washington 46     1000
Delila 36     1600
Eveline   4       500
Dinah 12     1600
Sarah 43       800
Plummer 59       200
Harry 19     2700
Jerry 28     2200
Fannie 30     1600
George  2       300
Sam  5       700
Mariah  8       900
Harry 68 Worthless
(total) $25200

By pay to Lot No. 1 -$1666 2/3
By pay to Lot No. 3 -  1666 2/3
By pay to Lot No. 6 -21666 2/3 - 250 -$24950.00

William G. Simmons & Wife Mary to Receive: $8316.66 2/3

Lot No. 3:

Buck 23 $2500
Dock 12   1600
Judy 25   2000
Jim  5     900
Dick  1     400
Tempy  5     900
To Receive from Lots 2, 4 or 5 - 1666 2/3 -  $8316.66 2/3

George A. Foote to Receive $8316.66 2/3

Lot No. 6:

Granderson 17 $2500
Joe 17   2300
Susan 15   2000
Nancy 10   1300
To Receive from Lots (2,4 & 5) - 216.66 2/3
$8316.66 2/3
Given under our hands and seals this 5th day of October 1863.
Saml Bobbitt
Jno Watson
John T. Williams

(transcribed by Deloris Williams)


2012 by Deloris Williams and Ginger Christmas-Beattie for the NCGenWeb Project.  No portion of this any document appearing on this site is to be used for other than personal research.  Any republication or reposting is expressly forbidden without the written consent of the owner. Last updated 07/14/2012