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Will and Estate Record of Hilliard T. Howard- January 1907

Will Book 52, Pages 191-197

(transcribed by Deloris Williams)

North Carolina

Warren County

 

I, HILLIARD T. HOWARD of the aforesaid County and State being of sound mind, but considering the uncertainty of my earthly existence, do make and declare this my last will & testament.
First. My Executor hereinafter named shall give my body a decent burial- suitable to the wishes of my friends & relatives, and pay al funeral expenses, together with all my just debts out of the first moneys which come into his hand belonging to my Estate.
Second. I give and devise to my beloved wife, SALLIE, the tract of land on which I now reside, containing Thirty (30) acres, for her natural life, in satisfaction of her dower and thirds in all my lands.
Art. 3rd. I give and bequeathe to my son JULIUS HOWARD and his heirs in fee simple, a tract of land in River Township, Warren County to be surveyed from my Buck Spring tract, beginning at a stake in the South boundary line of my Buck Spring tract, on the East side of a path or road 27 1/2 ch. east of MRS. MYRICK's corner, thence in a North Westerly direction running between the NAT MACON dwelling and the NAT MACON stables and crib (so as to include or embrace the said stables & crib) till it intersects my North boundary line, thence South Easterly along my North boundary line to a stake & pointers in said line, thence along my East boundary line to the beginning to contain twenty five (25) acres of land, and in event the lines run as above designated should embrace or contain something more than twenty five acres, then it is my will and purpose that whatever is embraced in such survey shall go to my said son JULIUS HOWARD.
Art.4th. I give and devise to my son THOMAS HOWARD and his heirs in fee simple a tract of land in River Township Warren County, to be surveyed beginning at a stake in the South boundary line of my Buck Spring tract on the East side of a path or road 27 1/2 ch. East of MRS. MYRICK's corner, thence in a North Westerly direction along a line running between the NAT MACON dwelling and the NAT MACON stable & crib - until it intersects my north boundary line (and being the same line as described above in Art. 3d. of this my will, in describing a tract for my son JULIUS- Thence in a Southerly direction to HENRY HOWARD's line, thence along HENRY HOWARD's North boundary line till it intersects my South boundary line, thence along my South boundary to the beginning to contain Twenty five (25) acres of land.
Art.5th. I give and bequeathe to my beloved daughter ELIZABETH HOWARD and her heirs in fee simple a tract of land in River Township Warren County, adjoining the tract devised in Art. 4th of this my willto my Son THOMAS and bounded as follows, beginning say at the corner of the tract for my Son THOMAS in my North boundary line, thence along said North boundary line to some point in said line, thence southwardly to some point in the HENRY SADLER line, thence along said SADLER's line to the West boundary line of tract described in Art. 4th of my will for my son THOMAS, thence along the West boundary line of tract herein willed to my son THOMAS, to contain Twenty (20) acres.
Art. 6th. I give and bequeath to my five (5) youngest daughters, namely- MAGGIE HOWARD, GEORGIE HOWARD, ARMEEDER HOWARD, CLEORA HOWARD and RUTH HOWARD and to their heirs in fee simple all the remainder of Buck Spring tract, lying on West side of said tract & running back to Hub Quarter Creek and not otherwise devised in this my will to be equally divided between the above named five daughters, each one to have her share surveyed to her when she arrives at Eighteen years of age, but it is my will and desire that my son JULIUS and my wife SALLIE shall have the use of said residue of land bequeathed in this Art. 6th of my will, each year towards raising & supporting my children under age, until as they arrive at Eighteen years of age.
Art. 7. I give and bequeath to my youngest son THEOTIS HOWARD the tract of land on which I now reside - subject to the life Estate of my said wife- SALLIE- as devised in a former item of this my will, to have and to hold to him and his heirs in fee simple.
Art. 8th. I give and bequeathe to my wife and to my son JULIUS HOWARD equally between them one grey mule, name Bob.
Art. 9th. I give and bequeathe to my wife SALLIE all the furniture in the South room of my house, (it being at this time our chamber) said furniture embraces two bedsteads, two beds & Mattresses, with the bedding or covers two straight chairs, and one rocker and one bureau, clock lamp & c.
Art. 10th. I give and bequeathe to my daughter ELIZABETH, all the furniture, beds &c in the North room of my present dwelling.
Art. 11th. I give and bequeath to my beloved wife SALLIE & to my children under twenty one years of age all of my corn, fodder, shucks, peas, bans and all provisions on hand at my death (not embracing any groceries which may be in my store- also all my hogs not killed.)
Art. 12th. I give & bequeathe to my wife SALLIE one or two milch cows so she may prefer and select.
Art. 13th. My will and desire is that all the residue of my estate (if any) after taking out the devises and legacies above mentioned shall be sold and the debts owing to be collected and if there should be any surplus over and above the payment of my debts, expenses & legacies, my beloved wife - SALLIE - shall first be paid the sum of Fifty Dollars out of said surplus to aid her in supporting the younger children under age. The balance of said surplus - if any - I will and direct shall be deposited in the Citizens Bank of Warrenton, N.C. to bear the Bank rate of interest for the benefit of all my children to be equally divided between them, and paid over to them each & severally in equal proportion, as they arrive at the age of Eighteen (18) years, with the exception of the shares due to my sons THOMAS and JULIUS - who shall have their respective interest at any time after my death if they so wish.
Art. 14th. I hereby constitute & appoint my trusty friend and brother- HENRY HOWARD my lawful executor to all intents & purposes, to execute this my last will & testament, according to the true intent & meaning of the same, and every part & clause thereof, hereby revoking and declaring utterly void all other wills & testaments by me heretofore made & I direct that no bond be required of my Executor, HENRY HOWARD. In witness whereof, I the said HILLIARD T. HOWARD do hereunto set my hand & seal, this the 7th (seventh) day of January 1907.
HILLIARD T. HOWARD ("X" his mark)
Signed, sealed, published and declared by the said HILLIARD T. HOWARD to be his last will and testament in the presence of us- who at his request and in his presence do subscribe our names as witnesses thereto.
Witnesses:
RICHARD WILLIAMS
HENRY HOWARD
J. R. BOYD

North Carolina
Warren County
In the Superior Court
A paper purporting to be the last will and Testament of HILLIARD T. HOWARD, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by HENRY HOWARD the executor therein mentioned, and the due execution thereof by the said HILLIARD T. HOWARD by the oath and examination of J. R. BOYD and RICHARD WILLIAMS the subscribing witnesses thereto; who being duly sworn, doth depose and say, and each for himselfe deposeth and saith, that hie is a subscribing witness to the paper-writing now shown him, purporting to be the last Will and Testament of HILLIARD T. HOWARD, that the said HILLIARD T.HOWARD in the presence of this deponent subscribed his name at the end of said paper-writing, which is now shown as aforesaid, and which bears date of the 7th day of Jany. 1907. And the deponent further saith, That the said HILLIARD T. HOWARD 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 his last Will and Testament, and this deponent did therefore subscribe his name at the end of said Will, as an attesting witness thereto, and at the request and in the presence of said testator. And this deponent further saith, that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said HILLIARD T. HOWARD was of sound mind and memory, of full age to execute a Will, and was not under any restraint, to the knowledge, information or belief of this deponent. And further these deponents say not.
J. R. BOYD
RICHARD WILLIAMS
Severally sworn & subscribed,
this 21st day of Jany 1907,
before me,
J. R. RODWELL,
Clerk Superior Court

North Carolina
Warren County
In the Superior Court
It is therefore considered and adjudged by the Court that the said paper-writing and every part thereof is the last Will and Testament of HILLIARD T. HOWARD, deceased. Let the said Will, together with the probate, be recorded and filed this 21st day of Jany. 1907,
J. R. RODWELL
Clerk Superior Court
HENRY HOWARD, the Executor named in the Will, qualified as such this day Jany. 21st 1907.
J. R. RODWELL, C.S.C.

===================================================
Warren County Orders and Decrees, 1907-1911, Volume 4, Pages 330-340

HILLIARD HOWARD Estate, April 1909
North Carolina
Warren County
In the Superior Court Before J. R. Rodwell, Clerk
Petition for Division of Land:
Henry Howard, Exr. of Hilliard, deceased
Henry Howard in his own right, Julius Howard, Thomas Howard, Elizabeth Howard, Maggie, Georgie, Armeeda, Cleora, and Ruth Howard, the last five being minors under Eighteen years, who appear by next friend, R. M. Dunn, and Sallie Howard, widow of Hilliard Howard
Ex parte
To J. R. Rodwell
clerk of the Superior Court of Warren County:
Your Petitioners show:
1st That Henry Howard is the Executor of Hilliard T. Howard, who died domiciled in Warren County leaving last will and testament duly proven in the Superior Court of said County, a copy of which as to matters herein set out is made a part of this petition.
2nd That Sallie Howard is the widow of sid Hilliard T. Howard. That Maggie, Georgie, Armeeda, Cleora and Ruth are minors under eighteen years of age, who appear by next friend, R. M. Dunn, duly appointed by this court. That Julius, Thomas, and Elizabeth Howard are of age and are the children of said Hilliard T. Howard.
3rd. That said Julius, Thomas & Elizabeth Howard and the minors, Maggie, Georgie, Armeeda, Cleora and Ruth are the owners of those tracts of land described in Articles 3, 4, 5 & 6 of the said last will and testament, and that Henry Howard is the owner of that tract of land containing 25 3/4 acres, contracted to be conveyed by H. T. Howard and Sallie B. Howard, his wife by contract marked in Book 74, page 234 in office of Register of Deeds of Warren County, for which lands the said Henry Howard has paid and which tract is described as lot No. 4, in the survey and plat of W. E. Spruill which is attached to the report of the commissioners.
4th. That your petitioners desire that their shares be surveyed and allotted to them in severalty.
Wherefore your petitioners pray that the following named commissioners, viz: John R. Boyd, Hugh Haithcock & W. H. Boyd be appointed Commissioners to divide and allot said lands to them according to their respective shares and that if necessary to have the land surveyed, or, if they find the same correct, to adopt the survey & plat of said lands heretofore made by W. E. Spruill, Surveyor, and for such other & further relief as they may be entitled to.
Henry Howard
Executor of the last will & testament of H. T. Howard
Henry Howard
Thomas Howard
Julius Howard
Sallie B. Howard
Elizabeth Howard
Green & Boyd
Attys for Petitioners


North Carolina
Warren County
Henry Howard, Exr. of the last will and testament of Hilliard T. Howard, being duly sworn deposes and says, that the above petition is true of his own knowledge, except as to those matters stated on information and belief and as to those he believes are true.
Henry Howard
Subscribed & sworn to before me, Apl 6th 1909.
J. R. Rodwell, C.S.C.


North Carolina
Warren County
In the Superior Court Before J. R. Rodwell, Clerk.
Petition for Appointment of Next Friend:
Henry Howard, Exr. of Hilliard Howard, dec'd.,
Henry Howard in his own right, Julius Howard, Thomas Howard, Elizabeth Howard, Maggie, Georgia, Armeeda, Cleora, and Ruth Howard, the last five being minors under Eighteen years, who apply by next friend R. M. Dunn and Sallie Howard widow of Hilliard T. Howard.
Ex parte
The undersigned respectfully show to the Court that Maggie, Georgie, Armeeda, Cleora, and Ruth Howard are infants without general or testamentary guardian: That they own a certain undivided interest in a certain tract of land described as follows: being the lands devised by the last will and testament of Hilliard T. Howard.
That it is desirable that there shall be a partition of said property, and it is necessary that there be an action or special proceedings at law for that purpose; That the persons closely connected with said infants are interested in the results of said action or special proceeding, and the undersigned has for that reason been requested to apply for appointment as next friend of said infants; That the undersigned has no interest whatever in the results of said actions or special proceeding except to see that the rights of said infants are protected in the event of his appointment as their next friend.
Wherefore the undersigned make application that he be appointed as next friend of said infants in the said action or special proceeding for the partitioning of said land.
This the 6th day of April 1909.
R. M. Dunn.
Signed in the presence of J. R. Rodwell, C.S.C.
Upon reading the foregoing and annexed application and after making due enquiry as to the fitness of R. M. Dunn applicant, to be appointed as next friend of the infants Maggie, Georgie, Armeeda, Cleora, and Ruth Howard in an action or Special proceeding for the partition of the lands hereinafter described, in which they have an interest, it is found by the Court to be a fact that the said applicant R. M. Dunn is a respectable and disinterested Citizen and a fit and suitable person to act as next friend of said infants in the said action or Special proceedings for the partition of said lands and the said applicant R. M. Dunn, is hereby appointed to act as next friend of the said infants Maggie, Georgie, Armeeda, Cleora & Ruth Howard, in an action or Special proceeding for the partition of said lands, devised by the last will and testament of Hilliard T. Howard.
This 6th day of April 1909.
J. R. Rodwell,
Clerk Superior Court

I hereby accept the appointment as next friend of the infants Maggie, Georgie, Armeeda, Cleora and Ruth Howard, and agree to act faithfully and diligently in said capacity, in above action or Special proceeding described. This 6th day of April 1909.
Robt. M. Dunn
Witness:
J. R. Rodwell, C.S.C.

North Carolina
Warren County
In Superior Court
Before J. R. Rodwell, Clerk
Order Appointing Commissioners
Henry Howard, Exr. of the last Will and testament of Hilliard T. Howard, et al.
Ex parte

The petitioners come being heard, is ordered by the court that John R. Boyd, Hugh Haithcock and W. H. Boyd are hereby appointed commissioners to divide the said lands described in said petition in to five shares,and to allot to Julius Howard, Thomas Howard, Elizabeth Howard, and to Maggie, Georgie, Armeeda, Cleora and Ruth Howard and Henry Howard, the shares described in article 3 four (4) and 5 and 6 of said last will and testament, of Hilliard T. Howard and also allot to Henry Howard that tract of land described in paragraph 3 of petition. Said commissioners shall meet on the premises at the time summoned by the Sheriff after being duly sworn shall divide said lands.
The commissioners are empowered to employ a surveyor who shall make out a map of the premises, giving the quantity and description of each share which map shall form a part of said report, or they may adopt the map and survey heretofore made by W. E. Spruill if they find it correct. The said commissioners shall within sixty days after their appointment make a report of their proceedings, describing the manner of executing their trust, and describing the lands divided and the shares allotted to each tenant in severalty. This 6th day of April 1909.
J. R. Rodwell, Clerk Superior Court


North Carolina
Warren County
In the Superior Court Before J. R. Rodwell, Clerk.
Notice to Commissioners:
Henry Howard, Executor of the last will and testament of Hilliard T. Howard, Julius Howard, Thomas Howard and Elizabeth Howard et als. heirs and devisees of Hilliard T. Howard, dec'd.
To John R. Boyd, Hugh Haithcock and W. H. Boyd:
You are hereby notified that you have been appointed commissioners to partition and allot the four several tracts of land described in paragraph 3, 4, 5 and 6 of the last will & testament of Hilliard T. Howard (a copy of which is filed with these papers), to Julius Howard, to Thomas Howard and to Elizabeth Howard, Maggie, Georgie, Armeeda, Cleora & Ruth Howard according to the terms of said will, and you will allot to Henry Howard that tract of land contracted to be conveyed by H. T.Howard & wife, described in paragraph 3 of the petition.
You will meet on the premises at the time summonsed by the sheriff and after being duly sworn you will divide the said lands a share indicated. You are empowered to employ a surveyor, who shall make a map of the premises showing the quantity, courses and distances of each share, which map shall form a part of your report; or you may adopt the map and survey of W. E. Spruill, if you find the same correct.
Within sixty days of the notification of your appointment you will make a full report of your proceedings under your hands or two of you, specifying the manner of executing your trusts and describing the shares allotted to said Julius Howard, Thomas Howard and Elizabeth Howard.
This 6th April 1909.
J. R. Rodwell,
Clerk Superior Court.

I hereby deputise J. D. Newell to Summons Jno. R. Boyd, Hugh Haithcock and W. H. Boyd as Commissioners to divide and allot the real Estate mentioned & described in the petition hereto attached.

R. E. Davis
Shff. of Warren County, N.C.
This April 7th 1909

North Carolina
Warren County
In Superior Court
Before J. R. Rodwell, Clerk, S.C.
Henry T. Howard, Exr. of Hilliard T. Howard, deceased

We and each of us solemnly swear that in the partition of the real estate, now about to be made by us in the above entitled proceeding, we will do equal and impartial justice among the several claimants, according to their several rights and agreeable to law, So help us God.
J. R. Boyd
H. W. Haithcock

Subscribed & sworn to before me, this 9th day of April 1909
J. D. Newell
Justice of the Peace


Report of Commissioners
Henry Howard, Executor of the last will and testament of Hilliard T. Howard, Julius Howard, Thomas Howard and Elizabeth Howard, heirs and devisees of Hilliard T. Howard, deceased, et als.

To J. R. Rodwell, Clerk of the Superior Court of Warren County: -
Obedient to the summons of the Sheriff of Warren County, we the undersigned commissioners appointed to divide and allot in severalty the lands of the petitioners in this cause, being duly sworn assembled on the premises in River Township in Warren County on the 9th day of April, 1909, and proceeded to partition the said lands among said tenants in common according to their respective rights and interests therein, and the following is our report of the same:

We allot to Julius Howard lot No. 1, described as follows; beginning at a stake on east side of path running at a E 60 P. 20 L. to a stake and pointers, thence N. 57 3/4 W. 96 P. to corner of lot No. 2, an stone on path, thence S. 24 E. 122 P. to South line of original tract, thence S. 87 1/2 E. 28 P. to the beginning, containing 25 acres.
We allot to Thomas Howard lot No. 2 beginning at corner of lot No. 1, South line of the original tract, and run N 24 W. 122 p. to north line of same, a stone on side of path, thence along path N. 57 3/4 W. 32 P. to corner of lot No. 3, thence S. 66 P. to branch line of 4, thence along line of lot 4, up branch 8. P. to corner in branch, thence along line of lot 4 S. 47 1/2 E. 40 P. S. 5 1/2 E. 28 P. 13 L. to mulberry tree in original South line of tract thence along said line S. 87 1/2 E. 34P. to beginning, and containing 25 acres.
We allot to Elizabeth Howard Lot No. 3 beginning at Spring branch, corner of lot No. 2, and runs along line of lot No. 2 N. 61 p. to near line, thence along said line N. 57 3/4 W. 36 P., thence S. 20 W. 85 P. to branch line of lot No. 4 thence up branch 56 P. to corner of lot No. 2, the beginning & containing 20 acres.
We allot to Henry Howard lot No. 4, beginning at a mulberry tree on east & west line of original tract and runs N. 5 1/2 W. 28 P. 13 L. thence N. 47 1/2 W. 40 P. to spring branch, thence down said branch as it meanders 103 P. to inter section of line running S. 5 3/4 E. thence along said line S. 57 3/4 E. 103 P. 18 L. to corner, thence S. 87 1/2 E. W. 38 P., 18 L. to the beginning, containing 25 3/4 acres.
We allot jointly to Maggie Howard, Georgie Howard, Armeeda Howard, Cleora Howard and Ruth Howard and to their heirs in fee simple according to therms of article 6 of said last will & testament of said Hilliard T. Howard all the remainder of Buck Spring tract lying on the West side of said tract and running back to Hub quarter Creek, containing 95 3/4 acres of land and designated lot No. 5 on the map & survey hereto attached and made a part of this report.
Hugh Haithcock}
J. R. Boyd } Commissioners

North Carolina
Warren County
In the Superior Court Before J. R. Rodwell, Clerk
Decree Confirming Report of Commissioners:
Henry Howard, Exr. of Hilliard T. Howard, deceased, Henry Howard, in his own right, Julius Howard, Thomas Howard, Elizabeth Howard, Maggie, Georgia, Armeeda, Cleora and Ruth Howard, the last five being minors under eighteen years, who appear by their next friend, R. M. Dunn, and Sallie Howard, widow of Hilliard T. Howard.
Petitioners - Ex-parte
It appearing to the Court that Hugh Haithcock and J. R. Boyd, commissioners heretofore appointed to divide the land described in the petition in this cause concerning the tenants in common therein named and to allot to each his share in severalty, filed their report in this court on the 6th day of April 1909, specifying therein the manner of executing their trust and describing particularly the parcels of land divided and the share allotted to each tenant in severalty, and no objection being filed by the parties within the twenty days allowed by law from the filing of said report;
It is therefore, decreed by the court that the said report be and the same is hereby in all respects confirmed, and it is further ordered that said report and the plot appended be enrolled in the records of this Court, and that the same together with this decree be certified to the Register of Deeds of Warren County and registered in his office; and said report and this decree shall be binding among and between the said claimants, their heirs and assignees.
It is also adjudged that the cost of this proceeding be paid by the Executor for said parties and to be divided among said parties as follows:
One fifth thereof to be charged to each of said five tenants in common. R. M. Dunn, Guardian ad litem is allowed the sum of $10.00 for being next friend on account of infants. Green & Boyd Attys. for Petitioners be allowed the sum of Twenty five dollars. Register of Deeds for recording these papers be allowed four dollars and the commissioners J. R. Boyd & W. H. Haithcock be allowed Four dollars, and that J. R. Rodwell, C.S.C. the sum fo $7.00.
This Dec. 6th 1909.
J. R. Rodwell,
Clerk Superior Court.

(Note: Children under 21 years of age were considered to be "infants" by the law, and required a legal guardian appointed by the Court to participate in Court proceedings.)
 

Family Notes:
Hilliard T. Howard, b. January 1856, was first called “George Howard” in the 1860 Census, he was thereafter known as Hilliard Howard, the son of James & Elizabeth Howard. He was married 1st in 1878 to Lucy Carter, and 2nd in 1894 to Sarah Bet Carter, both of whom were daughters of Washington William Carter & Elizabeth Mills of Warren County.
This HOWARD family may have descended from former slaves, who were also the children of, MILES HOWARD, a free man of color of Halifax County who had emancipated them in 1836. By 1857, all but one of those children were deceased, Fanny, a.k.a. Frances Howard, and in 1870, a person by that name was living with the family of James Howard in Warren County.

 

Halifax County, NC - Henry, Fanny & John Howard, Slaves of Miles Howard
Act to Emancipate, 1836
~~~~~~~~~~~~~~~~~~~~~~~~~~

An Act to emancipate Henry, Fanny and John, the slaves and children
of Miles Howard

Be it enacted by the General Assembly of the State of North Carolina,
and it is hereby enacted by the authority of the same, That Henry
Howard, Fanny Howard and John Howard, children and slaves of Miles
Howard, of Halifax County, at the special request of said Miles,
be, and they are hereby emancipated and set free, and shall hereafter
enjoy all the priviledges of free persons of color.

[Ratified 10 December, 1836]

Source:
NC Archives
Public and Private Laws of North Carolina
1836-37
Chapter LXIV
Page 327


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