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Warren County Wills

(all transcribed by Deloris Williams)

Estate of PHILIP ALSTON- 1813
Warren County, North Carolina
Warren County, November Term 1813

Ordered that SUGAR JOHNSON, DUDLEY CLANTON, ROBERT T. CHEEK, JOHN HARWELL, MOSES BENNET or any three of them be appointed to divide the Estate of PHILIP ALSTON dec'd according to the Will, and Report to next Court

Test.
WM GREEN, CCC

Lot No. 1:
GEORGE - $430
ARCHER - 60
CREASY - 60
AGNES & ELLER - 400
OSBOURNE - 270
JOE - 80
CREASY - 230
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(Total) $1530
10.71 due from the Heirs of PHILIP ALSTON JUN'R, dec'd.

Agreeable to an order of Court to us directed, we have proceeded to divide & allot the above said Negroes & money to ELIZABETH W. ALSTON widow of PHILIP ALSTON JUN'R dec'd. Given under our hands & Seals this 29th day of December 1813.

DUD. CLANTON
R. T. CHEEK
JOHN HARWELL
MOSES BENNETT


Acct of Property to E. W. ALSTON, Widow of P. ALSTON JR. dec'd

Warren County, May Term 1814
This allotment was returned in Open Court & recorded according to order.
Test

W. GREEN CWCC
 

Note: Philip Alston's widow, Elizabeth, and their "unborn" son, named James J. Alston, moved to Tipton County, TN

(Philip Alston, 1776-1812, was the son of William Alston, 1747-1795, and Martha Hardy, 1759-1823; William was the son of Philip Alston, d. 1784, & Winefred Whitmell, d. 1795; Philip was the son of John Alston & Mary Clark)

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Estate of SOLOMON ALSTON-1807
Warren County, North Carolina

State of North Carolina

Know All Men By These Presents, That We JOHN ALSTON, JOHN SUTHERLAND and PHIL HAWKINS are held and firmly bound unto THOMAS EATON Esquire, Chairman of the County Court of Warren and his Successors in Office, in the Sum of Ten thousand Pounds current Money; to be paid to the said Chairman, or his Successors. To the which Payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this twenty eighth day of August A.D. 1807.

The condition of the above obligation is such, that if the above bounden JOHN ALSTON Administrator of all and singular the goods and chattels, rights and credits of SOLOMON ALSTON deceased, do make or cause to be made a true and perfect inventory of all and singular the goods and chattels, rights and credits of the deceased, which have or shall come to the hands, knowledge or possession of the said JOHN ALSTON or into the hands or possession of any person or persons for and the same for made, do exhibit, or cause to be exhibited, to the court of the county aforesaid, within ninety days from the date of these presents; and the same goods, chattels and credits, and all other goods, chattels and credits of the deceased, at the time of his death, which at any time hereafter shall come into the hands or possession of JOHN ALSTON or into the hands or possession of any person or persons for him do well and truly administer according to law; and further do make, or cause to be made, a true and just account of said administration within one year after the date of these presents; and all the rest and residue of the said goods, chattels and credits, which shall be found remaining upon the said Administrator's account, the same being first examined and allowed by the Court of the said County, shall deliver and pay unto such person or persons respectively to which the same shall be sue, pursuant to the true intent and meaning of the act in the case made and provided; and it shall appear that any will or testament was made by the said deceased, and the executor or executors therein named, do exhibit the same into Court, making request to have the same allowed and approved of accordingly; if the said JOHN ALSTON above bounden, being thereunto required, do render the said letters of administration, approbation of such testament being first had and made in the said Court; then this obligation to be void and of no effect, otherwise to remain in full force and virtue.

Signed and sealed in the presence of
J. SPRUILL, DCC


JOHN ALSTON
JNO. F. SUTHERLAND
P. HAWKINS

=============================================
An Inventory of the Estate of SOLOMON ALSTON dec'd returned by JOHN ALSTON the Admn'r on the Estate of the of the Deceased unto Warren County- August Term 1807

6 Negroes as follows, viz;
2 Negroe men YORK & SAMPSON
1 Negroe boy WILLIAM
1 Negroe girl JINNY
1 Negroe wench LUCY & Child

[Inventory includes household & plantation supplies]


---------------------------------------------
Warren County May Court 1808
This Acct. of Sale of the Estate of SOL'O ALSTON and was returned to Court on oath by JOHN ALSTON the Adm'r and ordered to be recorded.

Test
MDUKE JOHNSON CC

[Some of the names of buyers]

JOHN H. HAWKINS
W. K. KERNEY
ROB'T FREEMAN
ROB'T CHEEK
GRIEF RANDLE
JOSEPH TANNER
JOSEPH HAWKINS
JOHN DAVIS, 1 Negro Girl, JINNY -$300
JACOB HUNTER SEALS
MICAJAH T. HAWKINS
JOHN ALSTON, 1 Negro, YORK -$543
and 1 Negro Woman & Child - $500  [LUCY & Child]
JOHN H. HAWKINS, Negro, SAMPSON - $200
HILLERY CAPPS, Negro BILLY - $286
 

(Solomon Alston. 1784- d. Aug. 5,1807, was the son of  James Alston, 1754-1805, & Sarah Kearney [1st wife]; James was the son of Solomon Alston, d. 1784 & Ann Hinton;  Solomon was the son of John Alston & Mary Clark)

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Will of THOMAS W. ALSTON-1809
Warren County, North Carolina
Will Book 15, Pages 118-121

In the Name of God Amen, I THOS. W. ALSTON of the County of Warren and State of North Carolina being weak in flesh, but sound in mind and memory and calling to mind the mortality of man and knowing that it is appointed once for all men to die as order and make this my last Will and Testament in manner and form following (To wit)
I give and desire to my beloved wife LUCY ALSTON my mill and all the land within the following boundarys (To wit) beginning at the mouth of the Shop branch on the south side of Fishing Creek running up the meanders of said branch to head thence a direct line to the head of the Rocky branch thence down the meanders of said branch to Fishing Creek thence down said Creek to the first station together with the mansion house and two hundred acres of land taken wherever she may think proper so as to include said house during her natural life then for the mill to descend to my son HUBBARD W. ALSTON and for the lands and mansion house above mentioned to descend to my three Sons, ALFRED, EDWARD and HUBBARD W. ALSTON. I also give and bequeath to my beloved wife three Negroes (to wit) REBECCA, ANTHONY and ADALINE inclusive of an equal part of the ballance of my Negroes and five hundred pounds Virg'a currency to her and her heirs forever.
It is further my desire for all my lands (to wit) the home tract after taking of the lands given to my wife above and two others one called Rich Neck lying in the County of Warren and the other Great Creek in Halifax County to be equally divided between my three Sons, ALFRED, EDWARD and HUBBARD W. ALSTON.
I also give and bequeath to my Daughter MARTHA a Negroe girl called PENNY exclusive of an equal part of the ballance of my Negroes and eight hundred pounds Virg'a currency which money I wish my trusty friend HENRY G. WILLIAMS to lay out in Negroes girls. It is further my wish for the ballance of my money to be equally divided between my Sons NICHOLAS, ALFRED, EDWARD and HUBBARD W. ALSTON and for my Negroes after taking out the four above mentioned to be equally divided between my wife and Children and for the Children to take their parts as they come of age or marry. It is further my wish for my Negroes to be kept together and worked as at present until disposed of as directed above, and for my wife to have the riding chair and a bay horse called Gibbon exclusive of an equal part of the ballance of my horses and all my household and kitchen furniture.
It is still further my wish for al my stock of horses, cattle, sheep & hogs to be equally divided between my wife & sons NICHOLAS, ALFRED, EDWARD & HUBBARD W. ALSTON Lastly I nominate constitute & appoint my trusty Friend HENRY G. WILLIAMS and my Sons NICHOLAS & ALFRED ALSTON Executors to this my last Will and Testament revoking & disannulling all others by me made in witness whereof I have hereunto set my hand & affixed my seal this twenty third day of November Eighteen hundred and Nine.

THO'S W. ALSTON

Test
H. G. WILLIAMS
JOEL YARBOROUGH


Warren County, November Court 1809
HENRY G. WILLIAMS & JOEL YARBOROUGH proved this last will of THOMAS W. ALSTON deceased in open court and the same is ordered to be recorded whereupon HENRY G. WILLIAMS and NICHOLAS F. ALSTON Executors named herein qualified as such and took themselves the Executors of the same.

Test
M.DUKE JOHNSON, CCC

=======================================


Estate of THOMAS W. ALSTON-1810
 


State of No.Carolina
Warren County

Pursuant to an order of the worshipful Court of said County to us directed we have divided the Negroes belonging to the Estate of THOMAS W. ALSTON Dec'd agreeable to Will between MARTHA ALSTON & HUBBARD ALSTON dec'd in the following manner, viz't-
To MARTHA ALSTON the following Negroes namely HARRY, JACOB, JOE, HARRY, ELLICK, BEN, CATHERIN, DILLSEY, BRITTANA, HANNAH, CHARLES, LUCY, FERABY, NAT, ANICA, ESSEX, ANGELINA, GARACK & STEPHEN.
And to HUBBARD ALSTON dec'd the following Negroes; MANUEL, NANCY, TEMPY, CHARLOTTE, CATE, BRISTOR, DICK, FANNY, MOSES, JIM, LITTLE DICK, JACOB, CILLER, LITTLE MANUEL, EMALY, MOSES, WYATT & MOLLEY. Further in obedience to the same order we have divided above Negroes belonging to the Estate of HUBBARD ALSTON deceased amongst the Heirs in the following manner vizt;
To MRS. LUCY ALSTON; MOSES, WYATT & MOLLEY; and to pay to ALFRED ALSTON Ninety five dollars & to NICHOLAS ALSTON Eight dollars
To NICHOLAS ALSTON; CHARLOTTE, CATE & BRISTOR and to receive of LUCY ALSTON Eight dollars & of MARTHA ALSTON thirty eight dollars;
To ALFRED ALSTON; JACOB, CILLER, LITTLE MANUEL & EMALY & to receive of LUCY ALSTON Ninety six dollars.
To EDWARD ALSTON; MANUEL, NANCY & TEMPY & to receive of MARTHA ALSTON Sixteen dollars
To MARTHA ALSTON; DICK, FANNY, MOSES, JIM & LITTLE DICK & to pay NICHOLAS ALSTON thirty eight dollars & EDWARD ALSTON sixteen dollars.
Given under our hands in said County the thirtieth day of December Eighteen Hundred & fifteen.
WILLIS ARRINGTON
JOHN HARWELL
R. T. CHEEK

Warren County Feb. Court 1814
This Division was returned in Open Court by the above commissioners & recorded.
WM. GREEN, CWCC
================================
Names listed paid as debits in an accounting of the Estate on June 1810:
RUEBEN GIBBS
NICHOLAS F. ALSTON
WM. RUFFIN
MRS. LUCY ALSTON
HUBBARD ALSTON
PETER MITCHELL
MARTHA ALSTON
BENJAMIN INGRAM
WM. C. CLANTON
LEAVAN EVANS
SOLOMON ARNOLD
PHILEMON HAWKINS
WM. CAMPBELL
JACK FERREL
WILLIAM WILLIAMS
PETER R. DAVIS
EDWARD ALSTON
JAMES JEFFREY
WILLIAM PERSON
HUB'D TUCKER
DOCTOR BREHON
HENRY PERRY
J. WOOD
EDMOND JONES
WILLIAM ALSOBROOK
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State of North Carolina
Warren County
Court of Pleas & Quarter Sessions
November Term 1812

Ordered that WILLIS ARRINGTON, JACOB HUNTER & JOHN HARWELL allot to EDWARD ALSTON his part of his Father's personal Estate agreeably to Will and Report to next Term.

Test
WM. GREEN CCt


State of North Carolina
Warren County

Pursuant to an order of the Worshipful Court of said County to us directed we have laid off & alloted to EDWARD ALSTON his part of the personal Estate of his Father agreeable to Will , viz't, Eighteen Negroes, namely;
NESS, MARIAH, MYMA, ALSEY, TOM, WILL, DINAH, ALLEY, RANDOLPH, NATHAN, DAPHNEY, MASON, JINNA, LILLEY, LINNEY, MATTHEW, RHODA & PHILLIS; & also one half of the stock & farming utensils now belonging to said Estate. Given under our hands this 15th Dec'r 1812.

W'S ARRINGTON
JACOB HUNTER
JOHN HARWELL


E. ALSTON's
Division of his Father's Estate
Returned, Recorded &c,
May Term 1813.
Test. WM. GREEN CCt
---------------------------------

State of North Carolina
Warren County

In obedience to an order from the Worshipfull Court of Warren County issued last Nov'r term directing us to divide the perishable part of the Estate of THO'S W. ALSTON dec'd agreeable to the Will of s'd decedent we have made the following division, to wit,
To MRS. LUCY ALSTON the following Negroes; MACLEN, HOLLEY, LEROY, DISOM, ISHAM, POLLEY, SOPHIA, JESSE FRANCIS, SARAH, SAMPSON, CALEB & HARDY
To NICHOLAS F. ALSTON the following Negroes; BOB, MARY, EASTER, JIM, NED, AGGY, SUCKEY, GREEN, SAM, EDY, PAT, MARY, CATHARINE, CHINA & AARON.
Given under our hand this 13th of Jan'y 1810

THO'S MAYFIELD
WILLIS ARRINGTON
JACOB HUNTER


Warren County May Court 1810
This division of the property of THO'S W. ALSTON deceased was returned to Court on oath by the persons appointed for that purpose and ordered to be Recorded.

Test
M.DUKE JOHNSON CC

----------------------------
A. ALSTON to H. ALSTON
Guardian Bond

Warren County Nov. Term 1813
This Bond was exhibited in Open Court & Recorded.
WM. GREEN CCt


State of North Carolina

Know all Men by these Presents that ALFRED ALSTON, HENRY G. WILLIAMS & NICHOLAS F. ALSTON all of Warren County, in the State aforesaid, are held and firmly bound unto BUCKNER DAVIS, HENRY FITTS & SUGAR JOHNSON & their Successors in office Justices of the Court of Pleas and Quarter Sessions for the County of Warren in the Sum of Ten thousand pounds, current money, to be paid to the said Justices, or the Survivor or Survivors of them, their Executors or Administrators, in Trust, for the benefit of the Child hereafter named, committed to the Tuition of the said ALFRED ALSTON. To which Payment well and truly to be made, we bind ourselves, and each of us, each and every of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents. Sealed with our Seals, and dated 23rd day of November in the Year of our Lord 1813.
The Condition of the above Obligation is such, that whereas the above bounden ALFRED ALSTON is constituted and appointed Guardian to HERBERT ALSTON a minor Orphan: Now if the said ALFRED ALSTON shall faithfully execute his said Guardianship, by securing and improving all the Estate of the said HERBERT ALSTON that shall come into his possession, for the benefit of the said HERBERT ALSTON until he shall arrive at full Age, or be sooner thereto required, and then render a plain and true Account of his said Guardianship, on Oath, before the Justices of our said Court, and deliver up, pay to, or possess the said HERBERT ALSTON of all such Estate or Estates, as he ought to be possessed of, or to such other persons as shall be lawfully empowered or authorized to receive the same, and the Profits arising therefrom, then this Obligation to be void: otherwise to be and remain in full Force and Virtue.

Witness
WM. GREEN, CCt

ALFRED ALSTON
H. G. WILLIAMS
N. F. ALSTON

-----------------------------
State of North Carolina

Know all Men by these Presents that ALFRED ALSTON, HENRY G. WILLIAMS & NICHOLAS F. ALSTON all of Warren County, in the State aforesaid, are held and firmly bound unto BUCKNER DAVIS, HENRY FITTS & SUGAR JOHNSON & their Successors in office Justices of the Court of Pleas and Quarter Sessions for the County of Warren in the Sum of Ten thousand pounds, current money, to be paid to the said Justices, or the Survivor or Survivors of them, their Executors or Administrators, in Trust, for the benefit of the Child hereafter named, committed to the Tuition of the said ALFRED ALSTON. To which Payment well and truly to be made, we bind ourselves, and each of us, each and every of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents. Sealed with our Seals, and dated 23rd day of November in the Year of our Lord 1813.
The Condition of the above Obligation is such, that whereas the above bounden ALFRED ALSTON is constituted and appointed Guardian to MARTHA ALSTON a minor Orphan: Now if the said ALFRED ALSTON shall faithfully execute his said Guardianship, by securing and improving all the Estate of the said MARTHA ALSTON that shall come into his possession, for the benefit of the said MARTHA ALSTON until he shall arrive at full Age, or be sooner thereto required, and then render a plain and true Account of his said Guardianship, on Oath, before the Justices of our said Court, and deliver up, pay to, or possess the said MARTHA ALSTON of all such Estate or Estates, as he ought to be possessed of, or to such other persons as shall be lawfully empowered or authorized to receive the same, and the Profits arising therefrom, then this Obligation to be void: otherwise to be and remain in full Force and Virtue.

Witness
WM. GREEN, CCt

ALFRED ALSTON
H. G. WILLIAMS
N. F. ALSTON

Additional Information sent to me by Betty's Boneyard Genealogy Blog on April 28, 2012. Thanks Betty!

"Surry County Virginia Deeds and Estate Accounts 1756-1787" by William Lindsay Hopkins:

Jan. 5, 1787 Surry Co., VA; NICHOLAS FAULCON to his son-in-law THOMAS WHITMELL ALSTON of Warren County in North Carolina...slaves named KATE, JENNY and her two children named HARRY and TOM; FUNY, MOLL and JENNY.

May 4, 1787 Surry Co.,VA; NATHANIEL SEBRELL to NICHOLAS FAULCON and JACOB FAULCON the surviving partners of JACOB FAULCON & CO. and JOHN HARTWELL COCKE, executor of HARTWELL COCKE, dec'd, who was one of the copartners; for 125 pounds 16 shillings & 8 pence...224 acres on Blackwater Swamp (being all the land said SEBRELL possesses) and slaves named HARY, PETER, CHARLES, ISAAC, SINAH, LIZZA, JACOB, BETTY, DAVY, JIMMY and BOLLING.

(Thomas Whitmell Alston, 1755-1809, was the son of  Philip Alston, 1706-1784, & Winefred Whitmell, 1729-1795; Philip was the son of John Alston & Mary Clark; Thomas' wife was Lucy Faulcon, who died in Warren County  on July 7, 1839)

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Will of JAMES G. BREHON - 1815
Warren County, North Carolina
Will Book 22, Pages 88-97

Know all men to these presents that I, JAMES G. BREHON of Warren County do make this my last Will and Testament.
First- I wish and desire that my friends JOHN HALL, NATH'L MACON, KEMP PLUMMER, DOCT THOS. GLOSTER & JAMES SOMERVILLE to my Executors to this my will and Testament.
Second- That all my perishable property be sold except my library of Books upon a credit of Six or twelve months baring interest from the date if not punctually paid and the money arising therefrom together with the money arising from bonds, Book, debts and among trust in deed monies of every description to be collected and placed at interest whether in Bank stock publick securities or to individuals upon deed of trust as my Executors shall deem most for the advantage of the legatees to be herafter named and it is my wish that the monies so lent sha have the interest which may arrive therefrom to be paid half yearly and that the monies be lent to individuals be so garded in the lending that the half yearly interest be enforced and the mony so lent to be secured by deed of Trust upon property of at least three times it value for the repayment of the principal.
Third- I give to JAMES GLOSTER BREHON SOMERVILL Son of JAMES & CATHARINE my Ozrage plantaton as is may stand at the time of death together with the Negroes therin and their increase, the stock and every appurtenance thereon provided he takes and uses the Surname of BREHON for himself and family forever, it is also my wish that his education may be as complete as possible and that for that purpose the issues and profits of the aforesaid plantation be applied to that purpose, and should the issues or profits of said plantation not be found adequate to such education. I further add the sum of Four Hundred Dollars yearly for that purpose or so much of the said four hundred dollars as my Executors may judge sufficient & right should his pursuits be in any of the professions Law or Physics, which I wish as tending to enlarge his understanding and under him more usefull, but in this as well as the sum of his education, I must depend upon my Executors and more especially his father. I also do give unto the aforesaid JAMES my Library of Books as well as that tract of land of mine in the State of Tennessee known by the name of the Horse Shoe Tract lying on the Cumberland River and in the deed called JOINERS upon the same condition that he takes upon himself the surname of BREHON as before mentioned, which should he not assume then the aforesaid lands, Negroes & property shall revert as hereafter mentioned.
Fourth- I give to CATHARINE SOMERVILL the plantation I own in Warren County together with my lots in Warrenton. That is to say Possum Quarter Plantation, Warrenton Plantation & Haw Tree Plantation during her lifetime. and she may dispose of them by will after her death to such of her children as she may choose but it is my desire that the be retained as a home for her during her lifetime or that the issues and profits which may arise from them be applied to her use and benefit during her lifetime, and also the Interest of all money which may be due from stocks public securities deeds of trust bonus and all debts, be paid as they become due to her during her lifetime that is the interest of such same to be paid her the principal to be a hereafter deposited of after death & mentioning the Warren Plantation I mean that she the aforesaid CATHARINE may reside on them or in every manner use them as the are, her own for her lifetime, but she cannot dispose of them or sell them or give them away but to her children after her death and that the interest arising from are as the monies which may be productive as well as what is now productive shall be to her sole use and benefit (except as hereafter accepted) during her natural life and that the principal to be disposed of as she may chuse after her death to such of her children as shall be hereafter named leaving discretionary with her the sum that may be given to each and every such child or when such sums are not mentioned nor the person named then the aforesaid CATHARINE shall have the whole and sole disposal of the aforesaid property after her death by her last Will and Testament or to her heirs at law, and it is to be understood that her husband JAMES SOMERVILL nor any other husband that she may have shall not in any manner have any control over the property hereby left to the aforesaid CATHARINE but shall be wholey and soley under her own control as aforesaid mentioned and together with the aforesaid lands. I give her the Negroes of which I may die possessed of in the said Warren Plantation and their increase to be applied to her use in the like manner as the other property aforesaid mentioned during her lifetime and then to be disposed of after her death in the same manner unless hereafter mentioned.
Fifth- I give unto MRS. MARY WILLIS the dividend arising from Ten shares in the Bank stocks of the State of North Carolina during her life and after her death to revert to the general mass of property for the use and uses allready mentioned as hereafter to be mentioned.
Sixthly- It is my desire that DOCT. GLOSTER lot be secured to him as I gave in by runing with the main road leading from MARSHALL's to Town and thence to his dividing fence by town lots as it now stands thence west along the line of fence separating his lot to a spring in the bottom and from that spring parallel with the Town line to his fence leading from MARSHALL's so as to include the aforesaid spring the fencing being the line MARSHALL line runing eastarlly by the Town lots, southwardly to the spring, westwardly and northwardly parallel to the Town line runing southwardly.
Seventhly- I wish my Negro HARRY to live a free life & my Ext'rs to endeavour to have him set free & to give him a home on some of the Plantations where he may be willing to live and fifteen dollars per annum.
Eight- I as fear there should be any misappropriation or mistake in this Will my intention is that the aforesaid CATHARINE shall have the full issue & rights of the whole Estate as herein given that no husband nor any other person shall in any manner have control over the property as herein given left and that the said CATHARINE shall have whole and sole power of disposal of said property by testament or Will and in case of no Will or testament to write and go to her heirs at law in the same manner as if my self had given under the restrictions mentioned. I mention this to clear all & any ambiguity that may be in the first page relative to children which may be named, whereas Children are named the property remains with the said CATHARINE as if no such clause existed.
Ninth- My remaining western lands are to be appropriated viz- To JOHN BREHON SOMERVILLE son of the aforesaid CATHARINE & JAMES Two thousand acres of land in any one County so that the land may be as contiguous as may be and situated in such manner as his father JAMES SOMERVILL & CATHARINE his mother shall direct the same quantity of land to THOMAS BREHON SOMERVILL laid off in the like manner agreeable to the Will of his father & mother, and the like quantity of land to ROBERT BREHON SOMERVILLE to be laid off in like manner and the remainder of said land to be laid off in like manner to their other children agreeable to the will of the aforesaid CATHARINE but should any of the aforesaid children die before the come of age or have a family then in that case the land or lands to revert to the aforesaid CATHARINE and JAS. SOMERVILL to be disposed of agreeable to the will of said CATHARINE to the surviving children of said CATHARINE & JAMES. The land warrants now in my possession and in Tennessee to be laid off if possible or if thought best by my Executors to be sold let them to sale in the less manner. My Excrs. shall direct on a credit or otherwise and the next proceeds to be applied to my money Estate as allready mentioned in which should the lands be given to JOHN THO'S & ROB'T not held out let them be made into such desission as to under each his part the said division to be equitable[?] by the aforesaid JAMES & CATHERINE SOMERVILL their Father & Mother or the survivor of them.
Finally- Should JAMES GLOSTER BREHON SOMERVILL not take upon himself the sole name of JAMES G. BREHON for himself & family his heirs then in case of his not doing so, I do give the aforesaid lands and Negroes to THOMAS BREHON SOMERVILL under the same conditions & restrictions I have laid the said JAMES under & in case of his death or refusal I give it to ROB'T BREHON SOMERVILL and in case of his refusal to ARTHUR GLOSTER under th esame conditions but the money to be laid out in Education as in no instance to the apply only to the aforesaid JAMES G. BREHON SOMERVILL and it is to be understood that in case of the death of the children mentioned before the come of sufficient age to perform the or conform to this Will & Testament by taking the name as aforesaid then the aforesaid lands Negroes in Orange County as well as the Horse Shoe tract in Tennessee shall become the sole property of my niece CATHARINE SOMERVILL under the same restrictions and in the same manner as she inherits the other property allready given & the property here given to ARTHUR GLOSTER in case the aforesaid JAMES THOMAS & ROB'T should take upon themselves the name of JAMES G. BREHON for themselves and family in Testimony whereof I have hereunto set my hand & seal this 20th day of October in the year of our lord one thousand eight hundred and fifteen.
JAMES G. BREHON

Test
PETER B. DAVIS/Jurat
JNO. H. GREEN/ Jurat

(Codicil)
The Honorable JNO. HALL Esq'r Judge of the Superior Court the last Will of J. G. BREHON is committed to his case, and should any dispute arise about half blood coming in for any part of my property I totally prohibit and forever interest[?] it and any that he the half blood shall not have part of my property being in any manner entitled either by law or usage from having any part of my property.
J. G. BREHON

15th March 1819
Interlined before signed.
J. HALL

The last Will and Testament of JAMES G. BREHON to the case of his friend Judge HALL to be opened after the death of the said BREHON in presence of said HALL, N. MACON, JAMES SOMERVILL, KEMP PLUMMER or any two of them as witness my hand.

J. G. BREHON

Proved by H. FITTS, R. H. JONES, R. R. JOHNSON

Warren County, May Court 1819
The Last Will & Testament of JAMES G. BREHON was exhibited & proved by the oaths of PETER R. DAVIS & JOHN H. GREEN and a Superscription on said Will was proved by the oaths of HENRY FITTS, ROB'T H. JONES and ROBERT R. JOHNSON & JAMES SOMERVILLE qualified as Executors & O.R.
C. DRAKE, CWCC
 

(Note: Thomas B. Somerville accepted the legacy to change his name to James Gloster Brehon; see Somerville -Brehon Deed for additional info)

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Will of HAWKINS WESLEY CARTER-1927
Warren County, North Carolina
Will Book 53, Pages 590-591

North Carolina
Warren County
August 27, 1921

I HAWKINS W. CARTER of the County and State above written do make & publish and declare this to be my last will and testament hereby revoking all other wills and testaments by me heretofore made.
Item 1) I order that my body be given a decent burial and that my Executrix herein after named pay my just debts out of the first moneys coming into her hands.
Item 2) I give and bequeath to each of my beloved grandsons, HERMAN BELL and JOHN WALTER CARTER, the sum of one hundred dollars each in cash.
Item 3) I give and bequeath to my beloved wife NANNIE CARTER all of the rest of my personal property of whatever kind and wherever located.
Item 4) I give devise and bequeath to my beloved Wife NANNIE CARTER, to have and to hold during her natural life, the home place where we now live and also the place upon which my son HAWKINS W. CARTER JR., now lives.
Item 5) Upon the expiration of my wifes life estate in the (2) holdings mentioned in Item 4 I give devise and bequeath to my beloved son HAWKINS W. CARTER JR. the 4 acres upon which he now lives to have and to hold the same to him, his heirs and assigns forever. To the rest of my children PATTIE H. CARTER, MARIAH OLLEY, HELLEN F. BOWLS, ELIZ CARTER and MARY COWLS, I give devise and bequeath in for the home place where I now live consisting of 100 acres more or less be divided equally among them.
Lastly, I do nominate and appoint PATTY H. CARTER as Executrix of this my last will and testament and ask that no bond be required of her.

HAWKINS H. W. CARTER

Signed, sealed, published and declared by the said HAWKINS W. CARTER, as and for his last will and testament in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

J. A. DOWTIN
HENRY H. TAYLOR

This Aug. 27, 1921
========================================
North Carolina
Warren County
In Superior Court
Before the Clerk

In the matter of probate of will of HAWKINS W. CARTER

A paper writing purporting to be the last Will and testament of HAWKINS W. CARTER, deceased is exhibited before me the undersigned Clerk of the Superior Court for said County, the due execution of which is proved by the oath and examination of J. A. DOWTIN and HENRY H. TAYLOR, the subscribing witnesses thereto, who being duly sworn, do depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown here, purporting to be the last Will and testament of HAWKINS W. CARTER; that the said HAWKINS W. CARTER, in the presence of this deponent, subscribed his name at the end of said paper writing now shown as aforesaid, and which bears date of the 27th day of August, 1921. And the deponent further saith, that the said HAWKINS W. CARTER, the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper writing as subscribed by him and exhibited to be his last Will and testament and this deponent did thereupon subscribe his name and in the presence of the said testator at the end of said Will as and attesting witness witness thereto, and at the request and in the presence of said testator. And this 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 deponents subscribing his name as attesting witness thereto, as aforesaid, the said HAWKINS W. CARTER, 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. A. DOWTIN
HENRY H. TAYLOR

Severally sworn and subscribed, this the 28 day of Sept. 1927.
JOS. C. POWELL
Depy 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 HAWKINS W. CARTER, deceased, and the same, with the foregoing examination and this certificate, are ordered to be recorded and filed, the 28th day of Sept. 1927.
JOHN D. NEWELL
Clerk Superior Court
 

(Hawkins W. Carter, 1842-1927, son of Plummer Carter & Amy Hawkins; his wife was Nannie Boyd, 1853-1928)

---------------------------------

 

Will of NANCY (ARNOLD) CARTER- 1925
Warren County, North Carolina
Will Book 53, Pages 452-454

I NANCY CARTER of the aforesaid County & State being of sound mind, but considering the uncertainty of my earthly existence do hereby make and declare this my last will & testament.
1st. First. That my executors herein after named, shall give my body a decent burial suitable to the wishes of my friends & relatives, & pay all funeral expenses together with all my just debts out of the first moneys which may come into his hands belonging to my estate.
2nd. Second. I give & devise to my beloved son JAMES CARTER and my daughter MALARIA CARTER, the house which I now live in, with twenty acres of land around it & all my household & kitchen furniture, the said JAMES CARTER to have a life interest in the said property & at his death to go to the heirs of my daughter MALARIA CARTER.
3. Third. I give & devise to sons BURWELL CARTER & AQUILA CARTER & my daughters MANDY WRIGHT & HATTIE POWELL the residue of my land consisting of (30) thirty acres more or less their life time & then to their heirs.
4th. Fourth. I give & devise to my daughter ANNIE WILLIAMS the sum of Ten dollars.
5th. Fifth. I give & devise to my granddaughter HENRY CARTER the sum of (10) Ten dollars.
6th. Sixth. I hereby constitute & appoint my trusty friend A. L. POPE my lawful executor to all intents & purposes to execute this my last Will & testament, according to the true intent and meaning of the same, and every part & clause thereof, hereby revoking & declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof, I the said NANCY CARTER, do hereunto set my hand & seal this 25th day of February 1923.

NANCY CARTER ("X" his mark)

Witness A. L. POPE, JP


Signed, sealed, published and declared by the said NANCY CARTER to be her last Will testament in the presence of us who at her request & in her presence do subscribe our names as witnesses thereof.

Witnesses:
J. W. CARTER
S. B. JENKINS


State of North Carolina
Warren County

In the Superior Court
A Paper writing purporting to be the last Will and testament of NANCY CARTER, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by A. L. POPE the executor therein mentioned, and the due execution thereof by the said NANCY CARTER, is proven by the oath and examination of J. W. CARTER and S. B. JENKINS, the subscribing witnesses thereto, who being duly sworn, doth depose and say, and each for themselves deposeth and saith that they are subscribing witnesses to the paper writing now shown him, purporting to be the last Will and Testament of NANCY CARTER; that the said NANCY CARTER, in the presence of this deponent, subscribed her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 25 day of February 1923.
And this deponent further saith, that the said NANCY CARTER the testatrix aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited to be her last Will and Testament, and this 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 said testatrix. And this deponent further saith that at the same time when the said testatrix subscribed her name to the said last Will as aforesaid, and at the time of the deponent's subscribing their names as attesting witness thereto, as aforesaid, the said NANCY CARTER 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. W. CARTER
S. B. JENKINS

Severly sworn & subscribed, this 24th day of August 1925 before me
JOHN D. NEWELL
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 NANCY CARTER deceased. Let said Will, together with the probate, be recorded and filed.
This 24 day of August 1925.

JOHN D. NEWELL
Clerk Superior Court



(Nancy Arnold-Carter, 1856-1925, Widow of Oscar Carter; dau/of Ned & Amanda Arnold, former slaves)

---------------------------------

Will of OSCAR CARTER-1914
Warren County, North Carolina
Will Book 52, Pages 554-557

North Carolina- Warren County
I, OSCAR CARTER, of the aforesaid State and County, being of sound mind, but physically weak and considering the uncertainty of my earthly future, do make, publish and declare this to be my last Will and Testament:
First- My Executor, hereinafter named, shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts out of the first moneys which may come into his hands belonging to my estate.

Second- I give and devise to my beloved wife, NANCY CARTER, all those hereinafter described tracts of land, situate in the above written State and County, for and during the term of her natural life, in satisfaction of the dower and third n all my lands, saving and excepting five acres from the operation of said life estate which I wish to be cut off from the thirty six acre tract, and to be so cut and laid off that same will front on the Eaton Ferry road and nearly opposite the Union Ginnery Company's gin which I devise to my loyal and devoted daughter AMANDA WRIGHT in Fee-Simple in recognition of her loyal and tender care of me in my last sickness; But at the termination of said life estate I give and devise all my lands save and except the five acres devise to AMANDA WRIGHT, to my six children and one grandchild, named as follows: AMANDA WRIGHT, BURWELL CARTER, AQUILIA CARTER, ANNIE WILLIAMS, HATTIE POWELL, JAMES G. CARTER, MALARIA CARTER and HENRY CARTER JR. daughter of my daughter HENRY CARTER SR. to be equally divided among them said land being bounded and described as follows:
First tract containing fifty acres, bounded on the west by Eaton Ferry road; on the north by lands of JACK HAITHCOCK; on the south by lands of J. W. CARTER; on the east by lands of HUGH HAITHCOCK.
Second tract containing thirty six acres, bounded on the east by Eaton Ferry road; on the North by th H. T. HOWARD estate; on the south by lands of H. C. CARTER; on the west by W. G. CARTER Estate lands, and now owned by me.
Third tract containing one hundred and eighty five acres, bound on the east by lands of myself; on the north by Buck Spring tract; on west by lands of J. W. NORTHINGTON; on the South by lands of D. A. FISHEL and J. T. CARTER lands.
Fourth tract containing seventy five acres, bounded on the west by lands of NELSON WILKINS; on the south by lands of PLUMMER CARTER Est. on the east by lands of JACK JOHNSTON; on the north by lands of ALEX WRIGHT Est. and NELSON WILKINS.

Third- I give and devise all my personal property of every kind to my beloved wife, subject however, to that necessary for the payment of all my just debts.

Fourth- I hereby constitute and appont my trusted friend, CHARLIE WRIGHT, my lawful executor to all intents and purposes, to execute to all intents and purposes, to execute this my last Will and Testament, according to the true intent and meaning thereof, hereby revoking and declaring utterly void all other wills and testaments heretofore made by me.
In witness whereof I the said OSCAR CARTER do hereunto set my hand and seal, this the 8th day of July 1914.
OSCAR CARTER ("X" his mark)

Signed, sealed and published and declared by the said OSCAR CARTER to be his last will and testament in the presence of us, who, at his request and in his presence, and in the presence of each other, do subscribe our names as witnesses thereto.

Witnesses: G. B. FITTS
B. C. CARTER


State of North Carolina
Warren County
In Superior Court
Before J.R. RODWELL, Clerk

In Re Estate of OSCAR CARTER, deceased
Order for Probate of Will

A paper writing purporting to be the last Will and Testament of OSCAR CARTER, deceased, is exhibited in open Court for probate by CHARLES G. WRIGHT, Executor therein named; and the due execution thereof by the said OSCAR CARTER, deceased, is duly proven by the oath and examination of B. C. CARTER and G. B. FITTS, subscribing witnesses thereto and it is furhter shown to the satisfaction of the Court by said witnesses that the said OSCAR CARTER was at the time of making said will of sound mind and memory, of full age to execute a will and under no restraint to their knowledge, information or belief. It is therefore considered, adjudged and deamed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of OSCAR CARTER deceased. And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Warren County and as such filed as provided by law in the office of the Clerk of Superior Court of said County .
It is further adjudged that said CHARLES G. WRIGHT is a suitable person to act as Executor and that he be allowed to qualify as executor as provided by law and enter upon the discharges of the duties imposed by said trust. Dated this the 22nd day of July 1914.

J. R. RODWELL
Clerk of Superior Court

----------
CHARLES G. WRIGHT having qualified as Executor as aforesaid. let Letters Testamentary issue accordingly This 22nd day of July 1914.
J. R. RODWELL, CSC


---------------------------------------------


Estate of OSCAR CARTER, 1914
 


Warren County
In the Superior Court

In the Matter of the Will of OSCAR CARTER
Before J. R. RODWELL, Clerk Superior Court

CHARLES G. WRIGHT being duly sworn, doth say:
That OSCAR CARTER, late of said County, is dead, having first made and published his last Will and Testament, and that he the said CHARLES G. WRIGHT is the executor named therein.
Further, that the property of the said OSCAR CARTER consisting of real estate worth $3500.00 Personal Property about $250.00 is worth about $3750.00, so far as can be ascertained at the date of this application, and that AMANDA WRIGHT, NANCY CARTER, BURWELL CARTER, AQUILLA CARTER, ANNIE WILLIAMS, HATTIE POWELL, JAMES G. CARTER, MALARIA CARTER & HENRY CARTER JR. are the parties entitled under said will to the said property.

Sworn to and subscribed before me, this 22 day of July 22, 1914.
J. R. RODWELL, Clerk Superior Court

CHAS. G. WRIGHT

----------------------------------------------
State of North Carolina
Warren County
S.S. in the Superior Court

A paper writing purporting to be the Last Will and Testament of OSCAR CARTER deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by CHARLES G. WRIGHT the executor therein mentioned, and the due execution thereof by the said OSCAR CARTER is proved by the oath and examination of B. C. CARTER and G. B. FITZ the subscribing witness thereto who being duly sworn, doth depose and say, and each for themselves deposeth and saith that he is a subscribing witness to the paper writing now shown purporting to be the last will and testament of OSCAR CARTER that the said OSCAR CARTER in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears date of the 8 day of July 1914.
And the Deponent further saith, that the said OSCAR CARTER the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed and exhibited to be his Last Will and Testament and this 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 this 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 deponents subscribing his name as an attesting witness thereto, as aforesaid the said OSCAR CARTER 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.
G. B. FITTS
B. C. CARTER ("X" his mark)

Severally Sworn and subscribed this 22nd day of July 1914 before me J. R. RODWELL, Clerk Superior Court.
----------------------------------------------
State of North Carolina
Warren County
In the Superior Court

I, CHARLES G. WRIGHT, do swear (or affirm) that I believe this writing to be and contains the last Will and Testament of OSCAR CARTER deceased; and that I will well and truly execute the same by first paying his debts and then his legacies, as far as the said estate shall extend, or the law will charge me, and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law; so help me God.

Sworn and subscribed before me, this 22nd day of July 1914,
J. R. RODWELL
Clerk Superior Court


CHARLES G. WRIGHT
 

(Son of Rebecca Carter, who was the daughter of William G. Carter & Polly Evans of Warren Co.; Oscar, and his brother Burwell Carter, were first using the BOWERS surname in 1870, each living individually with various family members, their mother not being in the picture)

---------------------------------

Will of THOMAS M. CARTER - 1922
Warren County, North Carolina
Will Book 53, Pages 292-294

I THOMAS CARTER of the County of Warren State of North Carolina declare this to be my last Will and Testament.
I give and bequeath to my grand daughter GEORGIA HENDERSON all of household goods, furniture, chattles and effects other than money or security for money which shall at my death be in on about my house in said Co. and State.
I give and devise to my said grand daughter her heirs and assigns the dwelling house and the two lots on which my house now stand, in said Co., and state together with all the appurtenances thereto belonging to have and hold the ???????? the said GEORGIA HENDERSON her heirs and assigns forever.
I give and devise to my daughter LAURA GEARIN one lot joining my dwelling house on the west.
I give and bequeath $425 to be equally divided among my three daughters HANNA TAYLOR, MAGG JOHNSON and LIZZIE PORTER after my debts is paid.
In witness whereof I THOMAS CARTER, hereunto set my hand and seal, this 25th Feby.
THOMAS CARTER ("X" his mark)

Subscribed by the Testator in the presence of each of us and at the same time declared by by him to us as his last Will and Testament.

Witness our hand this 25th day of Feby 1921

JUNIUS PLUMMER ("X" his mark)
EDWARD HARRIS
THOMAS KEARNEY


State of North Carolina
Warren County
ss. In the Supreme Court

A paper writing purporting to be the last Will and Testament of THOMAS CARTER deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by PETER CARTER (his son), and the due execution thereof by the said THOMAS CARTER is proved by the oath and examination of JUNIUS PLUMMER, EDWARD HARRIS, and THOS. KEARNEY, the subscribing witness to the paper writing now shown him, purporting to be the last Will and Testament of THOS CARTER, that the said THOS CARTER 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 25th day of February '21.
And this deponent further saith, that the said THOS CARTER 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 thereupon 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 deponents subscribing his name as attesting witness thereto, as aforesaid, the said THOS CARTER, 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.

JUNIUS PLUMMER
EDWARD HARRIS
TOM KEARNEY

Severally sworn and subscribed this 21st day of March 1922 before me
JOHN D. NEWELL - Clerk Superior Court

North Carolina
Warren County
S.S. 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 THOS CARTER deceased.
Let said Will, together with the probate, be recorded and filed.

This 21st day of March 1922
JOHN D. NEWELL
Clerk Superior Court

(Thomas M. Carter, 1839-1922, son of Plummer Carter, 1800-1863,  & Amy Hawkins; wife was Sallie Boyd, 1845-1911)

---------------------------------

 

Will of MICHAEL COLLINS- 1856
Warren County, North Carolina
Will Book 49, Pages 98-104

In the name of God, Amen.
I MICHAEL COLLINS of the County of Warren & State of North Carolina being of sound and disposing mind and memory, and knowing that it is appointed for man once to die, do make publish and declare the following to be my last Will and Testament, revoking all others heretofore made, that is to say, I commit my soul in all humility to God, who gave it, and desire my Friends and Executors to have my body interred by the side of my son GEORGE W. L. COLLINS - the same kind of head and foot stone, with similar examining, as I have had placed at his grave, to be used for mine and furthermore, I desire that in the event of my wife settling elsewhere, that my body, with the remains of my son above mentioned be removed to such place as she shall designate, and that at said place a grave yard be well enclosed with a rock wall three feet thick, and five high properly constructed. And as it has pleased God to bless me with a small portion of this worlds goods, I dispose of the same in the following manner, that is to say,
1st   I bequeath to my beloved son WILLIAM F. COLLINS and his heirs forever, the following property heretofore put in his possession together with the increase of the female slaves since they were in his possession, as well their future increase and do hereby ratify and confirm the title to the same, Viz Negroes ALFRED, COLEMAN, TOM (since dead) HETTY, RACHAEL, ANN ELISA and MARGARET, one bed and furniture, one candle stand, and one gray horse. I also devise to him and his heirs all of my interest in the land and gold mine held by us jointly; and I do hereby release and discharge him from all and every debt, claim or demand I may have or hold against him for and on account of said joint concern.
2dly  I bequeath to my daughter HARRIET E. A. FITTS and her heirs forever, the following property here before put in her possession and I do hereby confirm and ratify her title to the same, viz, Negroes ROBIN, CHERRY, (since deceased), and her children, to wit, JOHN, LEWIS, SILVY, and LAVINIA and her child LEWIS (since dead). Also MARTHA, MIMA, HILLARD and EDNY and the increase of said Negroes since they were first in her possession, as well as their future increase also one bed and furniture, one bureau, one table, one candle stand, one horse and two cows & calves.
3rd  I bequeath to my daughter TEMPERANCE L. CLEGG, and her heirs forever, the following property heretofore put in her possession and I do hereby ratify and confirm her title to the same that is to say, Negroes, CHLOE and child, MARY, EPHRAIM (since dead), MATILDA and her son LEWIS, HENRY, DILSY and yellow boy EPHRAIM (since dead) and their future increase also one bed and furniture, one bureau, one sorrel mare and forty dollars paid to MR. CLEGG.
4th  I bequeath to my son JOSEPH J. M. COLLINS and his heirs forever, the following property he thereto put in his possession and I do hereby ratify and confirm his title to the same Viz Negroes NATHAN and his wife MARY, FANNY and her child, DICK & BET and their future increase of said Negroes, also four hundred and forty four acres of land situated in the County of Nash, State of North Carolina adjacent to the Pigbasket Creek and known by the name of the FRED FLOYDS tract, also three horses, and I do hereby release and discharge him from every claim that I have paid for him in Georgia, Alabama, and this State amounting in all to upwards of three thousand dollars. And I do hereby declare this to be in full of the above mentioned JOSEPH J. M. COLLINS legacy of my estate
5th  I lend to my beloved wife MARY COLLINS to have and to hold during her natural life the following property viz, the farm and tract of land attached thereto which was purchased from DR. WM. J. HAWKINS, also a tract of land adjacent thereto, bounded on the one side by lands belonging to W. H. BASS and DR. HAWKINS on the East by lands of DR. JERMAN, the Methodist Parsonage and JAMES A. CHEATHAM on the South by the County road, and on the North by a straight line to be run from DR. HAWKINS corner to DR. JERMANs line, also a tract of old field land, bounded on the South and East by lands of DR. JERMAN and North and West by Country Road said tract of land being now enclosed by DR. JERMANs fence, also the sum of Two Thousand Dollars, for the purpose of erecting a house on the second tract of land above mentioned, also all of my household and kitchen furniture, carriage and pair of horses, ten ewes and lambs and four cows and calves- the horses, ewes & lambs and cows and calves to be chosen by her, at her death the above mentioned tract of land with all the appurtenances thereof, the carriage and horses, cattle and sheep are to be sold & divided equally among my children, - The household & kitchen furniture above mentioned, she may divide among her children in such manner as she may deem proper.
6th   My will and desire is that my Executrix shall as soon as practicable after my decease, proceed to sell the remainder of my landed estate, consisting of the tract upon which I now reside except so much as I have in the 5th clause of this will disposed of -The tract purchased from CASWELL DRAKE- the tract purchased from DR. W. J. HAWKINS with the mill thereon and the Nutbush tract with all the appurtenances thereof, I desire that those tracts of land be divided in such manner as may enhance their value and that they be sold on a credit of five years. The Bonds to be well secured and to draw Interest from date- the interest to be paid annually
7th  It is my Will and desire that my Executrix shall as soon as practicable after my decease, sell all of my Negroes, except those already mentioned and devised to my children WM. F. COLLINS, JOS J. M. COLLINS - HARRIET E. A. FITTS and TEMPERANCE L. CLEGG and the following Negroes of mine now in Alabama, namely, GEORGE, EDMUND, ALFRED and DANIEL, the Negroes I desire sold on a credit of twelve months bonds well secured and to draw interest from date.
8th  It is also my will and desire that my Executrix shall sell all of my horses except those bequeathed to my wife in the 5th clause of this Will, mules, cattle & sheep, except those disposed of in said 5th clause, plantation tools and utensils- and crops, on a credit of twelve months bonds to be well secured and to draw interest from date.
9th  It is also my will and desire that all of my just debts shall be paid- and to provide therefore as speedily as possible, I desire that all amounts due me either by note, open account, or otherwise shall be collected, and that the four Negroes, GEORGE, EDMUND, ALFRED & DANIEL now in Alabama be sold, and the amount accruing from these sources, be applied to the liquidation of said debts, any amount due thereafter must be paid from the proceeds of the sales directed in clauses, 6th, 7th & 8th.
10th  I bequeath to my dear wife MARY COLLINS and my children MARY G., AMANDA C., THOMAS C., APHIA E., MICHAEL - BENJAMIN M, and JAMES S. COLLINS the sum of thirty five hundred dollars each, to be paid out of the proceeds of the sales directed in (clauses 6th 7th and 8th) the residue of my property is to be divided equally between my wife MARY COLLINS, and my children WM. F. COLLINS, THOMAS C. COLLINS, TEMPERANCE L. CLEGG, HARRIET E. A. FITTS, MARY G., AMANDA C., APPHIA E, MICHAEL, BENJAMIN M. and JAMES S. COLLINS.
11th   It is also my will and desire that if any of my children by my present wife, MARY COLLINS should die before of age, that the property bequeathed them by this my last Will and Testament shall be equally divided between the surviving children by MARY COLLINS.
12th   I do hereby constitute, ordain and appoint my beloved wife MARY COLLINS Executrix to this my last Will and Testament, and it is my desire that my sons WILLIAM F. & THOMAS C. COLLINS shall act as Agents on her behalf to attend to the sales ordered above - to make returns, to Court of same and to deliver to her the bonds, which shall be given by purchasers of the property the sale of which has been herein directed.
In testimony of all which I have hereunto subscribed my name and affixed my seal, this 14th day of November Anno Domini 1856.
Signed, Sealed, acknowledged, published & declared to be my last Will and Testament, in the presence of us.

MICH'L COLLINS

T. P. JERMAN
GEORGE A . ROSE

In the name of God, Amen, I MICHAEL COLLINS of the County of Warren and State of North Carolina do insert this as a codicil to the above, my last Will and Testament.
1st It is my Will and desire that my Executrix shall distribute the Bonds or monies, which shall accrue from the sale of my property to each child as he or she may become of age or marry.
It is also my Will and desire that after my just debts are paid and the sum of thirty five hundred dollars be distributed to my wife MARY COLLINS and my children MARY G., AMANDA C., THOMAS C., ALPPHIA E., MICHAEL - BENJAMIN M., and JAMES S. COLLINS each, as directed in clause 10th of the above will, my funeral expenses, the amount expended in enclosing grave yard as directed in Will and the sum of Two Thousand dollars, bequeathed to my wife MARY COLLINS in clause 5th of Will be paid before the final distribution of the residue of my property.
In testimony of which codicil I hereunto subscribed my name and affixed my seal, this 14th day of November Anno. Domini 1856, signed, sealed, acknowledged, published and declared to be a codicil to my last Will and Testament, in the presence of us.

MICH'L COLLINS

T. P. JERMAN
GEORGE A. ROSE


I annex the following as a further codicil to the foregoing will, to be take as part thereof- that is to say - that it is my intent and meaning (anything in the foregoing codicil to the contrary notwithstanding) and I hereby accordingly declare my will to be that when and so soon as the sales directed in the sixth and seventh clause of the foregoing will shall be made and the returns made to court, the sum of Thirty five hundred dollars each, bequeathed in and by the 10th clause of my will to my wife MARY COLLINS and my children MARY G, AMANDA C., THOMAS C., APPHIA E., MICHAEL, BENJAMIN M., and JAMES S. COLLINS be as soon as practicable paid - each receiving his or her share in the Bond or Bonds accruing from such sales and farther it is my will that after paying the two thousand dollars bequeathed to my wife in the fifth clause of my Will and all my just debts with all other charges provided for in and by said Will then as soon as practicable thereafter all the rest and residue of the proceeds of said sales be equally divided between my wife, MARY COLLINS, and my children WILLIAM F., THOMAS C., AMANDA C., APPHIA E., MICHAEL, BENJAMIN M., and JAMES. S. and MARY C. COLLINS and TEMPERANCE L. CLEGG, and HARRIET E. A. FITTS, share and share alike - each to take and receive his or her share in Bond or Bonds accruing from the sales directed in and by the foregoing will, I further direct that my sons WM. F., and THOMAS C. COLLINS set apart and allot, to my wife MARY COLLINS the following as a years provision for herself & family - to wit: Fifty barrels of corn, three thousand weight of bacon, ten barrels of flour, one barrel of lard and to prepare for her one barrel of sugar and one hundred pounds coffee.
In testimony whereof I have hereunto set my hand and seal this 26th day of November A.D. 1856.
The words "MARY C" interlined before signed.
MICH. COLLINS

Signed, published and declared in presence
W. N. EDWARDS
GEORGE A. ROSE


Warren County May Court 1857
This paper writing purporting to be the last Will and Testament of MICH'L COLLINS dec'd is affixed for probate and together with the codicils thereto annexed is duly proved by the oath of T. P. JERMAN, GEORGE A. ROSE, and W. N. EDWARDS the subscribing witnesses thereto and thereupon is ordered to be Recorded. Whereupon MRS. MARY COLLINS the Executrix named in said Will come forward, and qualified as such in due form by taking the usual oath.

Test
JNO. W. WHITE, Clk
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Estate of MICHAEL COLLINS - 1857
Warren County, North Carolina
Inventory of Slaves

An Inventory of an Account of Negroes belonging to the Estate of MICHAEL COLLINS deceased.. Made by MARY COLLINS Executrix, through WILLIAM F. COLLINS and THOS. COLLINS Agents under the last will and testament of MICHAEL COLLINS dec'd.

[Listed by family groups, read Names down 1st column, then start  top of next column of Names]

Names Ages Names Ages
MARY & BURWELL
ANSILL
DAVID
LUCY
DELIA
ISAAC
JOHN
SALLY
AILCEY
THOMAS
EPHRAIM
SALLY (the cook)
OLD EPHRAIM
OLD RACHAL
CLAREY
RICHARD
EDWARD

LITTLE JIM
LEWIS
INDIANNA
BEN
WILIE
EMILIE
AMOS
ROBBIN
LITTLE RACHAL
ESTER
LOUISA
CELIA
LONG JIM
SUSAN
ELIZA

ELLEN
ROWANNA
CAROLINE
GRACE
LARKE
65 & 19
45
25
18
14
10
8
26
6
1
3
56
78
68
13
9
7
21
70
27
9
7
5
62
44
54
23
4
1
40
42
5
3
8 Mos.
7
14
12
LETHE
MARTHA
ISAAC
BILLY SIMMS
ALFRED DAVIS
MINGO
CLARISSA
ELIJAH
ALFRED (yellow)
PHELTS
CELIA & Child}
DANIEL          } 
BETSY ANN
CYRAS (Miller)
HANNAH

PATSY
SOLOMON
LUCY JANE
WINNY
HENRY
WILLIS (the Miller)
EDMOND
DANIEL
GEORGE
ALFRED
HILLIARD
BETSY & Child BETSY
NANCY (& Infant)
ALFRED
LIZZIE
EDWARD
POLODORE
SUSANNA

SAM'L
JOSHUA
WILLIAM
OLIVER
10
38
(infant) 
36
35
44
47
11
35
12
50
7
9
44
27
5
3
1
9
7
50
40
26
30
33
14
14
26
5
2
13
17
7
14
21
16
12

The foregoing numbers Seventy Seven including Infants not named.
Agents:
MARY COLLINS Ext'x
WM. F. COLLINS
T. C. COLLINS

An Inventory of Negro Slaves belonging to the Estate of MICHAEL COLLINS Dec'd rendered to Warren May Court A.D. 1857
Recorded pursuant to order Page 102
JNO. W. WHITE Clk

The following is an inventory of the hire of Negroes for Jan'y to March 1857:

ROBBIN
DELIA
OLIVER
SAM
GRACE
LARK
JOSHUA
POLADO
LUCY
FELSTON
HANCIL

BILLY

$27.00
 13.00
   8.50
 10.25
 14.50
   5.00
 10.00
   1.75
   7.00
   5.00
 26.00
 20.00
RICH'D BULLOCK
WM. J. HAWKINS
W. F. COLLINS
WM. J. HAWKINS
WM. J. HAWKINS
HENRY FITTS
W. F. COLLINS
W. F. COLLINS
HENRY FITTS
HENRY FITTS
W. VANLANDINGHAM
MRS. NEWMAN

(Note: See Family of Michael Collins II, Page 19, on this site, for the Inventory of the Sale of the Slaves, which lists those who purchased each slave.)

---------------------------------

Will of JOHN WILLIAMS DANIEL-1809
Warren County, North Carolina
Will Book 15, Pages 116-118

In the name of God Amen, I JOHN WILLIAM DANIEL of Warren County and State of North Carolina being of sound perfect mind and disposing memory, doh make and constitute this my last Will and Testament, hereby revoking and annulling all other Wills heretofore made by me do declair this to contain my Will as to the disposal of what Estate or Wordly goods it has been pleased God to bless me with (viz't)
After all my just debts and funeral charges are paid, I lend unto my beloved wife MARY DANIEL the use and possession of all my Estate Real and personal during her natural life and after her death to be disposed of in manner and form following, Imprimus,
I give bequeath & devise unto my son ZADOCK DANIEL after the death of my wife my land and plantation wheron I now live together with my two Negroes DAVID and JERRY to him his heirs and assigns forever.
Item I give and bequeath to my Daughter MARTHY VAUGHAN my two Negroes LUKE and LUCY together with fifty dollars, in cash out of the monies arising out of the sale of my property have often named to her, her heirs and assigns forever.
Item I give and bequeath to my Daughter MARY STAMPER my Negroes PETER, JINNY, COOLY and their increase to her and her heirs forever.
Item I give and bequeath unto my step son JONATH GRAVES one hundred dollars to be paid him by my Executors out of the money arising out of the sale of my property hereafter named.
Item I give and bequeath to my step daughter FRANCIS TRICE one bed of furniture and my cupboard to her and her heirs &c all the residue of my property not yet disposed of except my old Negroes SAM and NANNY. I will to be sold to the highest bidder upon twelve months credits bond and approved security to be taken by my Executors, hereafter named, and the monies arising from such sale (except what is heretofore appropriated) in the manner and form following (viz't) If any of the Negroes heretofore bequeathed to my children should die before the death of my said Wife, it is my Will and desire that they have so much of said money or shall be the value of said Negroes, and if more than one of my children shall have a Negroe or Negroes to die before the death of my said Wife, the value of the Negroes so lost shall be maid up to each child losing the Negroes, and if there should not be money enough to answer that purpose, they are to have in proportion to their several losses. The two old Negroes not yet disposed of, it is my Will and desire should be sold to the highest bidder, amongst my children, and the money arising from the sale to be disposed of as the money arising from the sale of my other property, but in case they should be so old and infirm, that none of my children shall be willing to take them, then it is my desire that the one of my children that will take and maintain them for the best, shall have them, and my other children shall pay the one so taking said Negroes out of their legacies herein left them, and to further my will and desire that all the money left out of the sales of my property that is not herein disposed of be equally divided amongst m aforesaid three children.
Lastly I do hereby nominate my son ZADOCK DANIEL and my son in law, WILLIAM STAMPER my Executors to this my last Will and testament. In witness whereof I have hereunto set my hand and seal this 22nd day of May A.D. 1809.

JNO. W. DANIEL

Signed sealed ack'd and declared in presence of us
JAMES BULLOCK
FRANCIS TUCKER
WILLEY SMITH

Warren Count, November Court 1809
This last will & Testament of JNO. WM. DANIEL deceased was proved in open court by the oaths of JAMES BULLOCK & FRANCIS TUCKER and on motion was ordered to be recorded ZADOCK DANIEL and WILLIAM STAMPER qual'd as Executors thereto.

Test
M.DUKE JOHNSON CCC
 

(John W. Daniel was son of John Daniel & Ann Williams originally out of Hanover Co., VA, later of Granville Co.)

---------------------------------

 

Deed of Gift EDWARD DAVIS -1796
Warren County, North Carolina
Will Book 8, Page 259

To all People to whom these presents shall come I EDW'D DAVIS of the County of Warren & State of North Carolina send Greetings
Know ye that I the s'd EDW'D DAVIS for & in consideration of the natural love & affections which I have & bear unto my beloved brother JOSHUA DAVIS of the County & State afores'd & for the further consideration of the sum of five shillings to me in hand paid the rest whereof I hereby acknow'd & for divers other good causes & considerations me hereunto moving have given & granted & by these presents do give & grant unto the s'd JOSHUA DAVIS all & singular the goods & Chattles following 21 Negroes named as follows - JOBY, ISAAC, SOL'O, ANAKY, DILLER, JOE, TOM, JAMES EMMY, DAVY, JACK, NELL, DINAH, PETER, SAM, PHIL, SEALY, JACOB, SALE, TONY, & HANNAH.
Together with all the household & kitchen furniture, stock of horse, cattle, hogs & sheep, Plantation utensils & all this property whatsoever that he has in his possession belonging to me be it of what kind soever th have and hold & enjoy all & singular the goods, chattles & personal Estate aforesaid unto the said JOSHUA DAVIS his Exr's, Adm'rs & assigns forever and I the s'd EDW'D DAVIS all & singular the aforesaid goods, chattles and premisses to the s'd JOSHUA DAVIS his Exr's, administrators & assigns against all persons whatsoever claiming by form or under him the s'd EDWARD DAVIS only shall & will Warrant & forever defend by these presents.
In witness whereof I have hereunto set my hand & seal this 26 Aug't 1795.
Signed, Sealed & del'd
In the Presence of
EDW'D DAVIS

B. DAVIS
REPS MABRY
PETER R. DAVIS

Warren County, February Court 1796
B. DAVIS & REPPS MABRY proved this Deed of Gift in O. Court whereas ordered to be Recorded.

Test
M.DUKE JOHNSON CC

---------------------------------

 

Will of GILES DAVIS-1809
Warren County, North Carolina
Will Book 15, Pages 113-115

In the name of God Amen I GILES DAVIS of the County of Warren & State of North Carolina being of sound mind & memory, do make this my last Will & Testament, viz
First of all I lend to my wife ELIZABETH DAVIS during her life, all my land lying on the North side of the read hill branch beginning at my corner on the north side of said branch thence up said branch to the head, thence a Westerly course round the whole of my orchard to the road near the corner of my plantation thence down the said road to my corner thence to the first Station.
I also give to my said wife two Negroes, Viz't, CANDLES & OLD MINGO, also one bed & furniture.
I give to my Daughter PATTY DAVIS, two Negroes, viz't, NANCE & Child LILEY, and all their future increase.
I give to my son SUGAR DAVIS, one Negroe man named CESAR also one horse colt called Juby.
I give to my Daughter TABITHA SLEDGE one Negroe Girl named CHARITY and all her future increase.
I give to my son GOODY DAVIS one Negroe Boy named ABRAHAM & one Negroe girl VICEY and their future increase, which said Negroes is already given to him by deed now on the record of this County.
I give to my Daughter THAMER DAVIS one Negro girl named ANNAKA & her future increase.
I give unto my Son ORREN DAVIS one Negroe boy named BOB.
I give unto my Daughter SUSANNA DAVIS One Negroe girl named HICKS & her future increase.
I give unto my son BALDY HAMILTON DAVIS, the whole of my land, with the reserve of my wife's lifetime lay'd off by boundaries to her in the north end of the tract. Also one Negroe girl named HASTY & her increase also my family Bible.
I give to my Daughter MARIAH DAVIS one Negroe boy named FRANK.
I will & desire if either of the Negroes heretofore given away to either of my said children, die before they get possession of them, that then in that case, the value of said Negroe so dying shall be ascertained as nearly as may be, and the child entitled to such Negroe shall be paid the full value of said Negroe out of the monies arrising out of that part of my Estate which is to be sold, the possession spoken of is March if the Negroe die before the child marrys or arrives to the age of twenty one years.
I will and desire that all the rest of my Estate of every description that I may die possessed of be sold at twelve months credit, once the money arriving thereupon be equally divided between my wife & all my children except the dividend of my wife shall be twenty dollars short of an equal division.
Also I will that my Daughter PATTY's dividend be twenty dollars short of an equal distribution, also my daughter TABITHA be entitled to a division of the money twenty dollars short, also it is my will that BALDY HAMILTON DAVIS's division of the money be twenty dollars short also.
Lastly I hereby nominate and appoint my particular friend HENRY G. WILLIAMS and my Son-in-Law, TURNER SLEDGE, Executors to this my last Will & Testament. In witness whereof I have hereunto set my hand and seal this 22nd day of August 1809.

GILES DAVIS

Signed in the presence of us
BURWELL DAVIS
B. DAVIS Jurat
JAMES COCKE


Warren County November Court 1809
This last Will and Testament of GILES DAVIS dec'd was proved in Open Court by the oath of BUCKNER DAVIS and on motion was ordered to be recorded. HENRY G. WILLIAMS & TURNER SLEDGE qul'd as Executors thereto.

Test
M.DUKE JOHNSON Clk
 

---------------------------------

Will of MARY DENT-1790
Warren County, North Carolina
Will Book 5, Page 153

In the name of God Amen. I MARY DENT of the County of Warren and State of North Carolina being sick and weak but having my perfect understanding (thanks be to God for the same) and knowing its ordained once for all flesh to die do make this my Last Will and Testament in manner & form as follows (to wit) I give and bequeath my Soul into the hands of Almighty God who gave it me hoping to obtain remission of all my sins here & for in all life in the Wourld to come through the merrits of our Lord Jesus Christ and my body to be buried in a Christian manner by my Executors hereafter nominated
Item, I give and bequeath to my son in law GEORGE HARRISON one Hundred & Thirty acres of land being part of two Hundred & Sixty to acres whereon i now live for and in consideration of the portion of Negroes that would fall to him at my death by SARAH his wife bequeath to her by her Father's Will to be his and his Heirs forever.
Item, I give and bequeath to my two Daughters SUSANNA DENT & TABITHA DENT, all the residue of my land & Negroes to wit: PETER, SARAH, WAT, NELL & NED with their increase also all my stock, household furniture with every other part of my Estate of every kind & quality to be equally divided between them, & then to be severaly theirs and their Heirs forever. Also I do hereby nominate and appoint my two daughters SUSANNA & TABITHA DENT Executrixes to this my Last Will & Testament. In witness whereof I have hereunto set my hand & affixed my Seal this 22nd day of Dec'r 1789.
Signed Sealed & Delivered in the presence of us

MARY DEAL (her mark)

JOHN PETTWAY
JOHN FEATHERSTON
JAMES PETTWAY



Warren County, May Court 1790

This Last Will & Testament of MARY DENT dec'd was exhibited in Court & proved by the oaths of JOHN PETTWAY & JAMES PETTWAY subscribing witnesses thereto & TABITHA DENT one of the Executrixes named in the said Will qualified as such to whom Letters were granted &c and the same is ordered to be recorded.

Test
M.DUKE JOHNSON, CC

---------------------------------

 

Will of THOMAS EATON - 1809
Warren County, North Carolina
Will Book 15, Page 85

In the name of God, amen, I THOMAS EATON of the County of Warren and state of North Carolina do make and ordain this to be my last [sic] and Testament revoking and making void, all and every will heretofore made by me.
I give and devise to my son WILLIAM EATON his heirs and assigns forever all that tract of Land on the south side of the river known by the name of the Ferry plantation, lying on the west side of Great stone house Creek, but not to include the long old field which is a part of the tract called Curle q, containing about two thousand two hundred acres also all my land on the north side of the river opposite the ferry containing about twelve hundred acres, and the following Negroe slaves with their Increase from the 19th day of February 1804 on which day I had them enumerated (to wit) OLD NED, DOLL his wife, LONG BILLY, and his wife ROSE, and their children CATO, KITTY and HEDGEPETH, ESSEX the Carpenter, WESTLY, OLD ESSEX, AGGY his wife, and their children JORDAN, BURGESS, MATTHEW, ZACHARY, BURWELL, IVORY, FANNY, KIT & SALL his wife, ABNER, PATTY, LONG JOHN, SAM and TOM sons of MAT, CORINNA, TOM's wife and their children MARGET and her children ROGER, LUCY, JESSEY, LIZA, SUCKEY and AILCE [ALICE?], JIMMY and FANNY his wife, and their children MANCHESTER, GIDEON and DANIEL, ISAAC and his wife NANCY and their children CUDDY, CORNELIUS, NANCY, MANSFIELD, MAT, NAT and IRA, CUDDY's children BRANCHES and HARRIOT and NANCY children ANJINET and NANNY, GREAT SAM and BECK his wife and their children GABRIEL, TOM, CHESLEY, MARINA, JUDY, LINDAR, OLD ROGER & HARDY, also SOLOMON the black man the smith & ELIJAH.
I give and devise to my son THOMAS B. EATON his heirs and assigns forever all my land lying east of great Stone House Creek & the long old field lying to the west of the said Creek which field is a part of the tract called Curles. the land given to my son THOMAS B. EATON is intended to include as well the land lying on he River to the east of the said Creek, so that lying on both sides of Little Stone House. I also give to my said THO'S B. EATON the following tract of land which is not ment to be included in the land given to my son WILLIAM EATON, the Plantation where Negro JACK now lives which shall be bounded as follows (to wit) Beginning on the river bank, one mile above ferry landing, which is opposite to the House in which OLD NED now lives, & from there on south to the back line, and following slaves OLD ANTHONEY & SAL his wife, & heir children EZEKIEL, MARY, SETH, ANTHONY, MILDRED, WILLEY, EVERARD, ANIKEY and DRUSILLA, SARAH & her children ORIS, RANSOM, ALFRED, POLLY & WILKINS, STEPHEN & BECK his wife & their children EDMOND, FLORA, CRISPIN, THORNTON, RANDAL JOSHUA, and ANIKEY, PHIL & his wife HANNAH & their children MARIA, PHIL, ROSETTA, PATTEY, and AMARET, TOYNET & JASPER, SUCKEY the weaver & her children MARANDA, ADAM & ARIANNA, STURGEON, HANNAH, THOMAS BOB, ADAM the smith, & KITTY his wife, VENUS & her son WELDON, CLAIBORN, OLD ROBIN, & OLD LINDAR, JACK & RACHAL his wife, & their children WILLIS, THERESA, MOLLY, NANCY & NORSWORTHY.
I give and devise to my Daughter MARY ALLEN PUGH her heirs & assigns forever, all the land which I own in Norwoods Falls containing about one Hundred & Seventy two acres, also the following slaves, a part of which are now in the possession of her Husband (to wit) PETER & his children LIZA, RANDOLPH, SIMON, EDWIN, TURNER, NANNY, SARAH, & SCILLA, NANCY, & her children JED, FED, BETTY & her children ALLAN & WILL, BETTY & her children JIMMY, MACKLIN NASH, RACHAL, & POLLY, Shoe Maker DICK, NANNY & her children, DICK, AUSTIN & SARAH, and SARAH's children ANNA, ALLAN, CHENER & POLLY & POLLY's children JOHN NANCY, LITTLETON, CUDDY & one born a little before the 19th of Feby 1804. Also MANUEL, POLLY's husband, PETER & ANIKEY, his wife, CHARLES of the Ferry Plantation, WILLIS & CLARISSA his wife & her children ORAN, MARTIA, MARRY, EZEKIEL, CIS & her son KING, CRITTY, OLD MATHEW & PATTY his wife.
I give and devise to my Daughter HARRIOT BOWLING EATON to her heirs & assigns forever the following Slaves (to wit) CORINA, MOSES, & VILET his wife & their children CHARITY, PHILIS, SAM, DELILAH & MOSES, CHARLES & PHILIS his wife and their children ANDERSON, FANNY, CURTIS, BILLY, SCILLA, & CHARLES, SOLOMON & MOLLY his wife & their children, HENRY, SALL, BETTY, SOLOMON, FRANCIS, ELLIS, ABBEY, TABBY, LEVY & LOTTY, BILLY & KEZIAH, his wife, & their children CASWELL, SHEROD, DAVID, PEGGY, DOLLY, MOSES & a boy born a little before the 19th of Feby 1804 HARVY & FLORA his wife & their children JESSE, LIDDY, FANNY, PETER & ESTHER, FANNY's child MAXIMUS, & LIDDY's child ISHAM, BETTY's daughter PATTY & AARON,, also ISHAM, CUDDY's husband; It is also my will that the Increase of my Negroes, since the 19th day of Feby. 1804, shall be given to the child to whom the Mother is given, in this my will, & the increase from this day shall also belong to the child to whom the Mother is given.
It is also my will, that if my son THOMAS BUCKNER EATON should die, before he arrive to lawfull age or have lawfull issue of his body, that the land herein given to him shall be given to his Brother WILLIAM EATON and the Negroes herein given to him shall be equally divided between his said Brother WILLIAM and his sisters MARY ALLEN PUGH and HARIOT BOWLING EATON, and if my Daughter HARIOT B. EATON should die before she arrive to lawful age have lawful issue of her body, that the Negroes herin given to her shall be equally divided between her Brothers WILLIAM EATON and THOMAS BUCKNER EATON and her sister MARY ALLEN PUGH.
I give and devise to my Daughter ANNA BLAND DUDLEY an addition to what I have heretofore given the sum of five shillings current money.
It is also my will that my crop of every kind, my working tools of every sort, my household and kitchen furniture and my stock of every kind be sold by my Executors herein after named to pay just debts, and if after my debts are paid, there shall remain any ballance arising from the sale, it shall be equally divided between my four youngest children, share & share alike but if the money arising from the sale, should not be enough to pay all my debts, then ????? that be wanted to complete the payment shall be raised out of the legacies given to my four youngest children, the Legacy of each child to pay are equal or one fourth of the sum wanted. Lastly I appoint my sons WILLIAM EATON and THOMAS BUCKNER EATON Executors of this my last Will & Testament. In testimony of which I the said THOMAS EATON have subscribed my name and affixed my seal this 30th day of April 1807.
The following crossed before assigned, OLD ROBIN, OLD LINDER, ISHAM, SAM, BETTY, one mill, interlined before assigned, NANCY, her stock from wife...

THOMAS EATON

Signed Sealed published & declared by the sd THOMAS EATON to be his last Will & Testament in the presence of
WILLIAM VERSER
NATH'L MACON Jurat
WILLIAM VERSER Jun'r Jurat


A Codicil to the above last Will & Testament of THOMAS EATON, It is my Will, that my Executors have the following slaves Emancipated, (to Wit) OLD MATT & his wife PATTY & BURTON. I give them their freedom for meritorious services to me, MATT & his Wife to have during their natural lives the use of the pace, where they now live, with liberty to clear forty acres of land.

THOMAS EATON

Witness
WILLIAM VERSER
NATH'L MACON


Warren County August Court 1809
This last Will & Testament of THOMAS EATON dec'd was proved in Open Court by the oath of NATH'L MACON Esq'r & ordered to be recorded and WM. EATON & THOMAS BUCKNER EATON Esq'rs named therein qualified accordingly as such.

Test
MDUKE JOHNSON CCt

---------------------------------

Will of JANE GREEN - 1845
Warren County, North Carolina
Will Book 38, Pages 356-357

In the Name of God Amen. I JANE GREEN of Warren County U State of N. Carolina being of sound mind & perfect memory, do make, publish & declare this as my last Will & Testament hereby revoking all others.
In the first place, I give & bequeath to my son LEWIS Y. CHRISTMAS my Negroes WESLEY & CHANEY & ALFRED & AGNESS, children of the said CHANEY & the increase of said Negroes which may be born after the date of this my Will in Trust, that he will permit my son W. D. CHRISTMAS to have & enjoy the use & benefit of the said MOSES during his life, but the control & money in most of the said slave to be in my son LEWIS Y. & in no degree are they to be subject to the debts or liabilities of my said son WILLIAM D. CHRISTMAS and at the death of my said son W. D., I give & bequeath the said slaves & their future increase as aforesaid, to my grandson JAMES Y. CHRISTMAS & to his Executors & administrators.
2d. I give, devise & bequeath to my said son LEWIS Y. CHRISTMAS, in Trust for the use & benefit of my said son WILLIAM D. the house in which I reside & the yard attached thereto & the houses which are within the yard during the life of the said WILLIAM D. to furnish him a residence but in no degree to be subject to his debts or liabilities. I also give & devise to my said son LEWIS Y. CHRISTMAS in trust for my son, WILLIAM D. the right to get the necessary supplies of fire wood for the use of the said WILLIAM D. and the slaves given for his use in this my Will from the land on which I live, and at the death of the said WILLIAM D. CHRISTMAS I give, devise and bequeath the whole of the said houses and yard and the whole of the land on which I live to the said LEWIS Y. CHRISTMAS in absolute property and to his heirs forever.
3d.  It is my will and desire and I hereby direct that my said sons WILLIAM D. CHRISTMAS, shall during his life annually furnished from my Estate 500 lbs of pork, twelve barrels of corn, 100 lbs of sugar, and twenty five lbs of coffee.
4th.  I give and bequeath to my grandson JAMES Y. CHRISTMAS one Negroe boy named GID (the son of CHANY) but the said Negroe is to be under the sole and absolute control of my son LEWIS Y. CHRISTMAS until the said JAMES shall arrive to the age of twenty one years, and if it shall happen that my said son WILLIAM D. CHRISTMAS shall die before the said grandson shall arrive to the full age of twenty one years, it is my will and desire and I hereby direct that the said Negroes WESTLY & CHANY & ALFRED and AGNES and their future increase as aforesaid mentioned in the first clause of this my Will, shall be under the sole and absolute control of my said son LEWIS Y. CHRISTMAS untill the said JAMES Y. CHRISTMAS shall arrive to the full age of twenty one years.
5th.  I give and bequeath to my grandson LEONIDAS CHRISTMAS one hundred and fifty dollars to be applied to his use and benefit in such way as my Executor hereinafter named may think most to his advantage.
6th.  I give & bequeath to my grandson BUCKNER D. CHRISTMAS one hundred & fifty dollars to be applied to his use & benefit in such way as my Executors herein after named may think most to his advantage.
7th.  I give & bequeath to the youngest four half brothers of the said LEONIDAS & BUCKNER D. CHRISTMAS one hundred & fifty dollars each to be paid to them without interest as they respectively arrive to the full age of twenty one years.
8th.  All the rest & residue of my Estate of every kind & denomination I give, devise & bequeath to my son LEWIS Y. CHRISTMAS & to his heirs Exc'rs & admn'rs.
And lastly I nominate, constitute & appoint my said son LEWIS Y. CHRISTMAS sole Executor to this my last Will & Testament & I hereby revoke all others by me at any time heretofore made. In witness whereof I have hereunto set my hand & affixed my seal the 12th day of April 1845.

JANE GREEN

Signed, sealed, published & declared by JANE GREEN as her last Will & Testament in presence of the undersigned who have subscribed the same as witnesses at her request & in her presence & in the presence of each other,
TABITHA JORDAN
T. C. POPE

In the name of God I JANE GREEN intending to alter my foregoing will in some respect do make & publish & declare this Codicil to the same which is to be taken as part of s'd Will.
I give to my sons LEWIS Y. CHRISTMAS under the trusts & conditions mentioned in the first clause afrsy Will two other Slaves to wit, ISAAC & TONY during the life of my son W. D. CHRISTMAS & the Negro boy GID I give to him under the same trusts & conditions until my grandson JAMES CHRISTMAS shall arrive to the age of twenty one years & at the death of the said W. D. CHRISTMAS I give the sd. slaves ISAAC & TONEY to the said JAMES & I also give the said slave GID to the said JAMES on his arrival to the full age as aforesaid.
I give to LEONIDAS CHRISTMAS & to his youngest four half brothers two hundred dollars each instead of the legacy given in my Will the said sum to be paid to his said four half brothers when they arrive to 21 years of age without interest. And I revoke the legacy given in my Will to BUCKNER D. CHRISTMAS.
I design to alter my said Will in the particulars mentioned in this codicil but no farther & I now republish the said Will with this Codicil as containing my last Will & Testament. In witness whereof I have hereunto set my hand & seal the 12th day of April 1845.
JANE GREEN

Witness
TABITHA JORDAN
P. C. POPE

Warren County, May Court 1845
The foregoing Will & Codicil were offered for probate in Open Court & the Execution thereof duly proved by the oath of P.C. POPE one of the subscribing witnesses thereto & who testified to the handwriting of the other witness TABITHA JORDAN & were, on motion, ordered to be recorded. Whereupon LEWIS Y. CHRISTMAS the sole Executor therein named comes into Court & qualified thereto, by taking the usual oaths.

Test
M. J. MONTGOMERY, Clerk

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An Inventory of the Estate of JANE GREEN Dec'd taken 10th May 1845

The Following Slaves:
JIM, NANCY, HANNAH, NUTTY, SANDY, GABRIEL, LILYANN, MATILDA, GLASGOW, HARIOT, RHODY, ELIZABETH, JINNY, TONY, SALLY, ELIZA JANE, POLLY, JACOB, SILVA, JULIA, ADELINE, LUCY, AARON, JOHN, CHANEY, ALFRED, GID, AGNES, ISAAC.

L. Y. CHRISTMAS, Exr.

Warren County, Aug't Court 1845
This Inventory is returned upon oath in open court by the Executor & ordered to be recorded.

Test
M. J. MONTGOMERY Clerk

(Jane Yancey, 1774-1845, daughter of Lewis Yancey & Mary Graves; married first to William Christmas, b. 1766/ d.1804, a son of Thomas Christmas & Sarah Duke; and 2nd to Capt. John Green, d.1825, son of Thomas Green & Sarah Turner)

---------------------------------

 

Will of Capt. JOHN GREEN- 1825
Warren County, North Carolina
Will Book 27, PageS 261 - 268

May Court 1825

I JOHN GREEN of the County of Warren and State of North Carolina do make and declare this to be my last Will and Testament in manner and form following, to wit,
First - I lend unto my beloved wife during her natural life and one hundred acres of land to be laid off to hr, by my Executors and to include the House and appurtenances to make it ht most convenient for her, the place where THOMAS POWER formerly lived and where I intended to live, also I give to my beloved Wife the following Negroes- CORIDAN, NANCY, HANNAH, MATILDA, WESLEY, JINNEY, ADELINE and CHANA and the future increase of the females of them to my said beloved wife forever to dispose of as she pleases, also I give to my wife all my stock of cattle, hogs and sheep, except my stock of hogs, that I raise and keep at my mill, to dispose of as she please, also one ox cart, my carriage & harness. Also two horses to be selected for her out of my stock by my Executors, also all the plantation tools that belong to the plantation that I have lent to her. Also all the household and kitchen furniture that I received and that my wife had, when I married her, also I lend to my said beloved wife two Negro men, JIM COLE and DICK for and during her natural life.
Item,   I divise to my son THOMAS E. GREEN and to my friend HENRY FITTS and to their Executors the following Negroes- HARRY, JACK, AUSTIN, GOIN, SOLOMON, JOHN, HENRY, BEN, RICHARD, HARMON, OLD JINNEY, LITTLE JINNEY, ROSE, MARY, MARIAH, FANNY, SILLER, PLEASANT, MINERVA, ANN & SERINA and the future increase of the females of them, also all that part or parcel of land situated, lying and being in the County and State aforesaid on the waters of Sixpound Creek and adjoining the lands of HENRY FITTS and others and the same that I purchased of JOSEPH J. HAWKINS Sheriff of Warren County at public sale and of JAMES HUNT as by ofference to their deeds to me, will more fully appear, containing four hundred and ninety five and one half acres, be the same more or less, with all the appurtenances therein to belonging, also all the stock of every kind and description, household and kitchen furniture, plantation utensils of all descriptions, that is upon & belonging to said plantation, also I divide and direct my Executors hereafter to be named to raise out of that part of my Estate that I have to be sold, the sum of two thousand dollars to be paid by my said Executors to the above mentioned THOMAS E. GREEN and HENRY FITTS Trustees as hereafter mentioned also after the death of my wife I devise to the said THOMAS E. GREEN and HENRY FITTS and their Executors one Negro man of the name of DICK, that I lent to my wife, during her life, in trust monthly for the following purposes and intents & under the restrictions and limitation herein set forth, and no other, that is to say, that whereas I am desirous of providing a support and maintainance for my daughter SARAH T. YANCY separate and without the power and control of her husband HENRY YANCY and independently of him, now therefore I will and direct that the above named trustees THO'S E. GREEN & HENRY FITTS take the s'd property real, personal and perishable of all kinds into their actuall possession, and employ the same according to their best judgment and discretion, for the support, all and benefit and maintenance of my said daughter SARAH T. YANCY and her children, now or hereafter born, and upon the death of my said daughter, I direct that the trust Estate hereby created cease, and that the whole of said Estate of all sorts with its increase be equally divided among my said daughters children, living at her death as the lawful issue of my of his said children if there be such, and I further empower the before mentioned THOMAS E. GREEN & HENRY FITTS Trustees as aforesaid, should any of my said daughters children come of age before the death of my daughter, and in their judgment need some advancement to be made to them, they are at liberty to make such advancement under such regulations, as that in the final division all shall be made equal
Item.   I give, devise and bequeath to my son THOMAS E. GREEN, his heirs and assigns all the rest and residue of my Estate, real, personal and mixed which has not been mentioned or otherwise disposed of in any of the preceeding devises or bequests, and out of this devise to my said son THOMAS E. GREEN, or otherwise he is to be liable for and to pay all my just debts, and all expenses in settling my Estate, and the same of two thousand dollars, devised to himself & HENRY FITTS Trustees as aforesaid.
Item.   I constitute my son THOMAS E. GREEN & my friends ROBERT H. JONES, PETER R. DAVIS and HENRY FITTS executors to this my last Will and Testament. In witness where I have hereto set my hand and seal, this tenth day of May A.D. 1823.

JOHN GREEN

Signed, Sealed, published and declared in presents of
GEO. ANDERSON
JNO. ANDERSON
KEMP PLUMMER

In the name of God Amen, I JOHN GREEN of the County of Warren and State of North Carolina being of sound mind and memory, do make and ordain the following to be a codicil to my last Will and Testament, made by me on the 10th day of May in the year 1823. Viz't
It is my Will and desire and I do accordingly hereby direct that in addition to the lands lent to my wife JANE GREEN during her life, that the quantity be increased so as to make the quantity two hundred acres, including the dwelling house where In now live, to be laid off in such manner as may best suit the plantation and houses instead of the land lent to her in my Will made the 10th of May 1823 as aforesaid.
It is also my Will and desire and I do hereby devise to HENRY FITTS and THOMAS E. GREEN, the further sum of one thousand dollars, in addition to the two thousand devised by me to them in my Will made the 10th of May 1823, to be raised out of my Estate and held by them as Trustees for the benefit of my daughter SARAH YANCY, under the same restrictions, limitations and conditions as the said sum of two thousand dollars are directed to be held by them in my Will made on the day aforesaid and to which this is a codicil.
In witness whereof I have hereunto set my hand and Seal this 28th day of April 1825.

JOHN GREEN

Acknowledged in presence of
Witness
P. C. POPE
J. C. GREEN


Warren County, May Court 1825
This the last Will and Testament of JOHN GREEN, Capt., was exhibited in open Court for probate the Execution of which was duly proved by the oaths of GEORGE ANDERSON, JOHN ANDERSON and KEMP PLUMMER subscribing witnesses thereto and on motion it is ordered to be recorded. at the same time and in open court, a paper writing purporting to be a codicil to the said last Will and Testament, was exhibited for probate, the execution of which was duly proved by the oaths of PHILIP C. POPE and JOHN C. GREEN subscribing witnesses thereto and on motion is also ordered to be recorded. Whereupon came THOMAS E. GREEN one of the Executors named in the said last Will and Testament, and qualified as Executor thereto, by taking the oath prescribed by land.

C. DRAKE, C.W.C.C.
 

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Estate of JOHN GREEN -1825
Warren County, North Carolina

List of Slaves
The following is an Inventory of the Estate JOHN GREEN died possessed of:

Viz't 1191 acres of Land, 13 Negroes at house namely CORIDON, HANNAH, NANNY, MATILDA, WESLEY, DICK, BILLY, NAT, ISAAC, HENRY, SILLER, & Child DANIEL


At Six pound Plantation
22 negroes, namely HARRY, JACOB, AUSTIN, GOIN, JOHN, SOLOMON, HARMON, RICHARD, OLD JINNY, LITTLE JINNY, ROSE, MARY, MARIAH, FANNY, PLEASANT, MINERVA, ANN, SUSANA, JULIA, AREANNA, JOE, & BEN.

In addition to the Negroes named in the foregoing Inventory, there were 3 divised by MARY L. CHRISTMAS to JANE GREEN during her coverture as wife of my Father, to wit, JINNY, ADELINE, & CHINA. Since the death of said MARY L. CHRISTMAS, there has been born of the Negro JINNY, to wit, SALLY and an Infant not named within my knowledge. During the coverture aforesaid my Father demanded four of the above named Negroes of LEWIS Y. CHRISTMAS which have not been delivered by him, but still remain in his possession, but which I as Executor claim the property of my Father, and which he disposed of in his Will, but they are not included in the general Inventory.

THO'S E. GREEN Exr.

Warren County Nov'r Court 1825
This Inventory was returned on oath as afs'd & the Exor. & on motion ordered to be recorded.
C. DRAKE CWC


JANE GREEN
vs
THO'S E. GREEN Exc'r
Report of Jury
RP 130
Feby Term 1826

State of North Carolina
County of Warren

To wit
The undersigned jurors having been summoned and duly sworn by the Sheriff of Warren in pursuance of the annexed writ issued from the County Court of Warren on the 4th Monday of November 1825 and bearing date the 8th day of December 1825 have proceeded this 4th day of January 1826 to enquire
1st whether JANE GREEN the widow of JOHN GREEN dec'd and the petitioner in the case is as well provided by the last Will and Testament of the said JOHN in real estate as if she were to claim and take her dower under the Act of 1784? And are of opinion that she is not. We have proceeded secondly to enquire whether the said Widow is as well provided in personal estate by the Will of said JOHN the Testator as if she were to claim her distributive share by virtue of the aforesaid act? And are of the opinion that she is not. We further find that there is a residuum of property not given away in particular legacies but which is given by virtue of a residuary clause to THOMAS E. GREEN one of the defendants and is of the value of Seven thousand dollars but which is chargeable with the payment of three thousand dollars for the benefit of SARAH T. YANCEY and her children. And the undersigned Jurors do further report with great satisfaction that the parties viz, the Petitioner JANE GREEN & the Executor THOMAS E. GREEN have entered into terms of compromise by which the said Executor is to pay to the said JANE Fifteen hundred dollars, fifty barrells of corn, four thousand pounds of fodder, one horse steid, the household & kitchen furniture at the mansion house, two thousand pounds of pork, forage enough for her stock for this year, viz, wheat, straw & shucks &c & after this year ten barrells of corn & ten bushels of wheat annually for her life, & to execute a relinquishment to her of the reversionary interest in Negro slaves JIM & DICK, and the Negroes left by MARY L. CHRISTMAS to the said JANE with the guarranty of title as to DICK and one barrel of brandy. The value of all of which we find to be two thousand five hundred dollars & which we find & report to be together with what is left to the said JANE by the will sufficient to make up the deficiency as both the real & personal estate equal to what the said JANE would have been entitled to had her said Husband JOHN GREEN the Testator died intestate & had she taken as is case of intestacy. Given under our hands & seals at the mansion house of JOHN GREEN deceased this 4th day of Jany. 1826.

JAMES SOMERVILLE
LEWIS TURNER
A.G. MACON
WILLIAM DAVIS
JOHN EGERTON
FREEMOND LEWIS
JOHN PASCHALL
THOMAS BRAGG
WM. H. BROWN
THO'S JOHNSON
WILLIAM HOGWOOD ("X" his mark)
ANDERSON WRIGHT ("X" his mark)

Warren County
Feby Court 1826
This Report was returned to Court by W. C. CLANTON Shff. and on motion, ordered to be Recorded.

C. DRAKE CWCC

(John Green, b. ca 1760, the son of Thomas Green & Sarah Turner, was married 1st to Martha Christmas, dau/of Thomas Christmas & Sarah Duke; 2nd to Jane Yancey-Christmas, who had been the widow of William Christmas, the brother of Martha Christmas. Capt. John Green has often been confused with John Christmas Green, b. 1777/d after 1850 Dallas Co., Arkansas, son of William Green & Mary Christmas, however, they were entirely 2 different persons)


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