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Will of Philemon Hawkins (b. 28 Sep 1717, d. 10 Sep 1801)

I Philemon Hawkins senior of the County of Warren and State of North Carolina of sound and perfect memory do make and ordain my last will and testament in manner and form following.

---------- whereas I have heretofore given to my son John Hawkins more valuable land than to either of my other sons also the most valuable of my lots in the town of Warrenton for which reason I do not wish or desire that he should have any more of my Lands or real estate than heretofore given him. I give to my son John the following negro slaves (To Wit) Frank, Sukey, and her child Woodley and little Moses and their future increase, two feather beds and furniture, ten cows and calves, my large dark bay horse called Conner and two yoke of oxen, to him his heirs and assigns forever.

My son Philemon having found all the saw timber and contributed otherwise in finding hands and having the work exactitude in building my Sandy Creek Mill I give and bequeath to him my said son Philemon the mill aforesaid and two thousand acres of land adjoining including said Mill and also the Balls tract of land to him his heirs and assigns forever, also the following negro slaves (To Wit) Joe my miller at said Mill his wife Rhetta and her children and their future increase, also two feather beds and furniture, ten cows and calves, my blazed face sorrel horse and two yolk of oxen.

I give and desire to my son Benjamin my manor plantation and all my lands adjoining thereto on the waters of Fishing Creek and also a small tract of land adjoining his Roanoke lands, to him his heirs and assigns forever, and also the negros and their increase which he my said son Benjamin has had entered on the Records of Warren County Court as the property of my son Joseph deceased and which he my son Benjamin claims as formerly belonging to my said son Joseph. Also two feather beds and furniture, my large looking glass which I placed over my hall fireplace, my clothing, all my leather bottom chairs, ten cows and calves, my gray horse, and two yoke of oxen.

I give to my two grandsons John, son of John, and John D. Hawkins, son of Philemon Hawkins, the balance of my land on Sandy Creek except two hundred and fifty acres on the South of H. Ballards Tract to include Hawill’s improvements, to them their heirs and assigns forever. I also give unto my said grandson John D. Hawkins two negro boys, one named Hopewell and the other Ned, and to my grandson Benjamin one hundred pounds His Money for the purpose of him purchasing two negro boys.

I give to my daughter Lucy, wife to my son Philemon two negro girls Sal and Rachel (children of Dorcas) and their future increase to wait on her and be at her own dispatch.

I require and desire that my son Benjamin give to my grand daughter Priscilla Cotton a negro girl between the age of twelve and fifteen years.

It is my will and desire that my Executors herein after named, if in there power, prove the Emancipation of my old Waiting man Harry and old Jack and if they should be Emancipated I give to each of them three cows and calves and twenty five barrels of corn and four hundred weight of meat pork to each. But should my Waiting man Harry not be Emancipated then I give him to my son Benjamin with a request which I know to be almost unnecessary that he should be well treated the residue of his days.

I give and bequeath all the rest and residue of my negroes to my sons John and Philemon to be equally divided between them to them their heirs and assigns forever.

Whereas I am involved in a disagreeable lawsuit with my grandson Philemon, son of John, and others regarding my Fishing Creek lands and other property, being the lands which I have herein before willed to my son Benjamin, which property is claimed by the Defendants is said such by certain Deeds or pretended Deeds of gift attained from me by fraud and deceit should not be set vacated and set aside but shall be held good then my sons Benjamin and Philemon shall be indemnified and reimbursed for their loss of property sustained thereby out of my son John’s part of my estate it being my intention to charge his part of the estate with the value of said property contained in said Deeds in case they should not be vacated and set aside.

It is my desire that my son John lay out the money which he is indebted to me in the purchase of books for his son John.

As part of my estate in Warren and part in Granville Counties, it is my desire General Thomas Eaton, Captain James Turner & W. Green Duke of Warren County and Col. Joseph Taylor, Col. Charles Eaton and Major James Vaughan of Granville County or a majority of them divide my negroes between said sons John and Philemon according to the foregoing part of this will and settle any dispute which may arise respecting my Estate among the Legatees.

It is my desire that all the expenses of my lawsuit with my grandson Philemon, son of John, and with others be deducted out of my son John’s part of the estate.

Test. Phil. Hawkins (Seal)
James Vaughan  
W. Gilliam  
 
It is the desire that the Balance of my Estate be sold and such Money Credit and after the payment of my Debts and Legatees, the residue to be applied toward the Educating of and purchasing Books for my grandsons John and Micajah Thomas and George Washington, sons of my son Philemon.

I give and bequeath to my son Philemon in Trust for Phebe Seagrove all the property I had of John Seagrove also three cows and calves, twenty barrels of corn and one thousand weight of meat pork and one Bed. It is my desire that she live where she is now during her life, or at some convenient place on the same Tract of Land where my son Benjamin may choose.

I constitute and appoint my sons John, Philemon and Benjamin and my friend Leonard Henderson Executors with power to act sell and divide property without rules or Order of Court.

It is my desire that my old negroes (To Wit) Hannah, Jim, Doll, Robin, Moll, Nansey, and Lucy be kept on my manor plantation and supported at the joint charge of my three sons they doing mad…… wash or such as they are able.

In testimony whereof I have unto set my hand and affixed my seal this twenty second day of July Anno Dom Eighteen Hundred and One. (22 July 1801)

  Phil. Hawkins (Seal)
Signed Sealed published and declared
By the Testator Phil. Hawkins senior to
be his last will and testament in the presence
of us and subscribed by us as witnesses
to this will in his presence and at his request
 
   
James Vaughan
W. Gilliam
 

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Codicil of 22 July 1801

I Philemon Hawkins senior of the County of Warren and state of North Carolina do make and ordain this to be a codicil to my last Will and Testament bearing Date the Twenty second day of July 1801.

Whereas my Boy Matthew has discovered an honest disposition in making known to me many circumstances relative to the Deeds of gift which were obtained from me by Fraud and importation by my grandson Philemon, son of John, and negro Summer Amy and is very attentive to me in my sickness. It is my desire that my Executors should do all in their power to procure his Emancipation, provided the order for his Emancipation made by Warren County Court should be set aside and provided he should continue to behave himself well and there are no obstructions in the way towards the recovery of my Deeds from my grandson Philemon, son of John, and others. I hereby give and bequeath to him two hundred fifty acres of land on the South side of Ballard’s Tract including Hawills improvements, one feather bed & furniture, my bay horse saddle and bridle, one hundred pounds New money, two cows and calves, four sows and pigs, and fifty barrels of corn. This legacy to be void if he shou’d hold the property in a Deed of gift which it is alleged I have made to him at or about that time it is alleged I made a deed to my grandson Philemon, son of John. It being my intention the he should not profit both this legacy and the property contained in the said deed.

In witness whereof I have hereunto set my hand and affixed my seal this twenty second of July Anno Dom 1801.

  Phil. Hawkins (Seal)
Signed, Sealed and
Declared to be his
Codicil to his Will
In presence of us

James Vaughan Exec.
W. Gilliam Exec.

Warren Co. (26th) February Court 1802 (and subsequent May Court)

This Last Will and Testament of Philemon Hawkins dec’d together with the codicil hereto was proved by the authority of James Vaughan and William Gilliam subscribing witnesses hereto and Ordered to be Recorded where upon John & Philemon Hawkins Executors named in said Will Qualified According to Letters Testamentary granted them…

M. Duke Johnson Esq.

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The above transcribed by Herbert F. Clark, II (5th great grandson of Philemon) on 21 Dec 2007, from hand written copy of his Will and Codicil.


©2007 to present by  Herbert F. Clark, II, 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 07/13/2012