Will and Estate of Henry A. Foote
Warren County Will Book 50, Page 9
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
HENRY A. FOOTE
JOHN M. BRAME
THO'S J. PITCHFORD
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.
WM. A. WHITE CCCLK
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:
HENRY F. TWITTY
S. N. Mills
G. I. Judkins
H. J. Davis
J. H. Harriss
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
| State of North Carolina
| 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|
| 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:
Amt brought forward
|By Amount brought forward||6000.00|
By pay to Lot No. 1 -$1666 2/3
| William G. Simmons & Wife Mary to Receive: $8316.66 2/3
Lot No. 3:
| To Receive from Lots 2, 4 or 5 - 1666 2/3 - $8316.66 2/3
Lot No. 6:
| To Receive from Lots (2,4 & 5) - 216.66 2/3
| Given under our hands and seals this 5th day of October 1863.
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|