Warren County Wills
(Transcribed by Deloris Williams)
Estate of JAMES ALSTON 1805
State of North Carolina
Know all men by these presents, that We SOLOMON ALSTON, ROBERT T. CHEEK, PHILLIP ALSTON are hereto and firmly bound unto JAMES PAINE Chairman of the County Court of Warren & his Successors in office in the sum of Twenty thousand pounds current money; to be paid to the said JAMES PAINE ESQ. 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 28th day of May A.D. 1805.
The condition of the above obligation is such, that if the above bounden SOLOMON ALSTON administrator of all and singular the goods and chattels, rights and credits of JAMES 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 SOLOMON ALSTON or into the hands or possession of any person or persons for him and the same so 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 the said SOLOMON ALSTON or into the hands or possession of any person or person 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 his 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 due, pursuant to the true intent and meaning of the act in that case made and provided: And it shall appear, that any will or testament was made by the said deceased, and the executor or executors there therein named, do exhibit the same into court, making request to have the same allowed and approved of accordingly; if the said
SOLOMON 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
MDUKE JOHNSON CCt
R. T. CHEEK
Warren County May Court 1805
This Bond was exhibited in open Court and upon motion was ordered to be recorded.
MDUKE JOHNSON CCt
State of North Carolina
List of Slaves of JAMES ALSTON
July 20, 1806
A list of the property that has come into my hands as guardian to four orphans of JAMES ALSTON Deceased- to wit:
JAMES ALSTON, AUGUSTIN ALSTON, SALLY ALSTON, CHARITY ALSTON.
|JAMES ALSTON lot of Negroes:|
|CARY valued...at....$138||Hired before M.D.JOHNSON; Tavern...$70|
|SARY PARK......at......30||SARY PARK..........................10|
|MIRIAH........at..........45||MIRIAH kept for nothing|
|AUGUSTIN ALSTON lot of Negroes:|
|JIM SALTER valued at...$180||Hired at..........................$80|
|CHINA .....................at....100||hired at.............................32|
|GILLY........................at.....45||to pay 8 dollars for keeping|
|SALLEY ALSTON lot of Negroes:|
|WILLIE valued at...........$138||Hired at.......................$67.10|
|TONY JR..........at...............90||hired at..........................56.00|
|CHARITY ALSTON lot of Negroes:|
|LEWIS valued at...........$138||Hired at.......................$71.50|
|SARAH........at.................100||For victuals & clothes|
|ISAAC.........at...................30||For feeding & clothing|
Orphan Land Property:
JAMES ALSTON lot of land containing 527 Acres, valued at $1317.50; to receive 344.92; small plantation thereon rented at 12 dollars
AUGUSTIN ALSTON lot of land containing 681 acres, valued at $1132; to receive 529.92; a small plantation thereon rented at 8 dollars
SALLEY ALSTON lot of land containing 316 acres, valued at $2119; to pay $456.58; a small lot of land thereon rented at 20 dollars
CHARITY ALSTON lot of land containing 516 acres, valued at $1832; to pay $169.58; a small field thereon rented at 2 dollars.
ROBERT T. CHEEK, Guardian
Warren County, February Court 1806
This account of the Property belonging the children of JAMES ALSTON dec'd was returned to Court by ROBERT T. CHEEK their Guardian and upon motion was ordered to be recorded.
MDUKE JOHNSON CCt
(This was James Alston, son of Solomon Alston & Ann Hinton; his wife was Sally Macon-Hawkins, whose 1st husband was John Hawkins; she was the daughter of Gideon Macon & Priscilla Jones)
Will of SOLOMON ALSTON- 1784
In the Name of God Amen, I SOLOMON ALSTON of the County of Warren in
the State of North Carolina, being in health and sound memory thanks
be to Almighty God for the same, do make this my last Will and
Testament, Principally and first of all I recommend my soul into the
hands of Almighty God that gave it me, trusting in and through the merrits of my Saviour Jesus Christ to receive full pardon and
forgiveness for all my sins, as for what worldly goods it hath
pleased God to bestow on me, I give and bequeath of in the following
Item. I give and bequeath to my son JAMES ALSTON the tract of land and plantation whereon I now live, the same being purchased by me from WILLIAM HURST by deed bearing date the twentieth day of September in the year of our Lord one thousand Seven hundred and fifty four, for six hundred and forty four acres, more or less in and of which said tract I have formerly given to my said son SOLOMON ALSTON now decease, two hundred acres more or less at the upper end thereof according to the bounds already made by me, which said piece or parcel of land and plantation I do give to my said son JAMES ALSTON and to his heirs forever.
Item. I also give and bequeath to my son JAMES ALSTON one piece or parcel of land Sixty Seven acres being more or less lying joining the land before bequeathed to him on the south side thereof, the same being purchased by me from WILLIAM HURST by deed bearing date the Eighteenth day of September in the year of our Lord On thousand Seven hundred and fifty six and bounded for the same as follows, and according to the courses mentioned in the said deed which said Sixty seven acres of land more or less, I do give to my said son JAMES ALSTON and to his heirs forever.
Item. I do give and bequeath to my son JAMES ALSTON one piece or parcel of land containing two hundred and thirteen acres of land be the same more or less lying North and East on the land I now live on the same being purchased by me from my son SOLOMON ALSTON now deceased, by deed bearing date the thirtieth day of July one thousand seven hundred and sixty five and bounded for the same according to the courses mentioned in the said deed, which said two hundred & thirteen acres of land more or less, I do give to my said son JAMES ALSTON & to his heirs forever.
Item. I give and bequeath to my son JAMES ALSTON one piece or parcel of land out of the tract of twelve hundred acres purchased by me from JOSEPH MONTFORT Esq'r Beginning for the same at a white oak my old corner and runing by my line South fifty degrees last to a branch called Pilchers to a poplar, ISAAC HUNTERs corner, thence on ISAAC HUNTERs line to a red oak corner, thence North 70 degrees East 118 poles to the corner of three black oaks thence North 88 degrees East 224 poles to a poplar standing on the Cabbin branch No. 51 degrees East 280 poles to the road, thence up the road to the lower Reachneck next to where ROBINSON's path turned out of the said road thence down the said branch to McCULLOCH's line, then on McCULLOCH'S line to the head of the great branch, thence down the great branch to my corner, and from thence along my line to the beginning which said piece or parcel of land I give to my said son JAMES ALSTON and to his heirs forever.
Item. I give and bequeath to my grandson SOLOMON HUNTER son of ISAAC HUNTER a piece or parcel of land out of the tract of twelve hundred acres purchased by me of JOSEPH MONTFORT Esq'r beginning for the same to wit at the head of the Lower Rich neck where my son JAMES ALSTONS's line leaves the road, thence keeping down the road to where my line crosses the same, thence by my line fifty one degrees East to a black oak a corner, thence North 140 poles to a white oak, thence North 42 degrees West 58 pole to a Spanish oak in poor Creek, thence the Creek South 60 degrees West 46 poles to the mouth of ZACHARY's branch, thence up the said branch No. 70 degrees West to the head of the said branch, thence the same course continued to McCULLOCH's lline to a post oak 132 poles, then by his line to JAMES ALSTON's line, then up his line to the road the beginning to him my said grandson SOLOMON HUNTER and to his heirs and assigns forever.
Item. It is my will and desire that if my son JAMES ALSTON should die without heir lawfully begotten of his body that all and every part of the land hereby given to him descend and go to my son WILLIAM ALSTON and to his heirs forever.
Item. I give and bequeath to my daughter MARTHA HUNTER wife of ISAAC HUNTER my Negro woman ESTER with her future increase to her & her heirs forever.
Item. I give and bequeath to my grandson JAMES ALSTON HUNTER one Negro boy named TOM, born of the body of the said Negro ESTHER, to him and his heirs forever.
Item. I give and bequeath to my grandson JACOB HUNTER, one Negro boy named ESSEX born of the body of the said Negro ESTHER to him and his heirs forever.
Item. It is my will and desire that what Estate I have already put into the possession of my daughter MARY KIMBROUGH together with five pounds I now leave her to be paid by my Executors hereafter mentioned be all the Estate I intend for my said daughter MARY out of my said estate.
Item. I give and bequeath to my son JOHN ALSTON one Negro fellow named LITTLE DICK to be delivered to him after my decease by my Executors to him and his heirs forever, besides which that I have already put into his possession of my Estate.
Item. I give and bequeath to my son WILLIAM ALSTON what I have already given him in his possession, also one Negro man named NED the Younger, and one Negro boy named DANIEL now in his possession to him his heirs & assignees forever.
Item. I give and bequeath to my daughter ANN HUNTER wife of JESSE HUNTER one Negro woman named DINAH and her increase now in her possession to her her heirs and assignees forever, and my full intent and meaning is that she nor her heirs claiming under her shall have any other part of my said Estate, except five pounds current money which I do desire my Executors to pay to her at my decease.
Item. I give and bequeath to my beloved son PHILIP ALSTON what of my Estate I have already put into his possession, also fifty pounds current money to be paid him when demanded from my Executors which is all I intend for my said son PHILIP out my Estate.
Item. I give and bequeath to my grandson JOHN McCOY ALSTON son of my son PHILIP ALSTON, one Negro boy named ARCH to him and his heirs forever.
Item. I give and bequeath to my daughter CHARITY what Estate I have already put into her possession, also five pounds current money to be paid her by my Executors, which is all I intend for my said daughter out of my Estate.
Item. I give and bequeath to my granddaughter PRISCILLA JONES, daughter of JAMES JONES dece'd, one Negro girl named VIOLET with all her increase to her and her heirs forever
Item. I give and bequeath to my daughter MARTHA HUNTER wife of ISAAC HUNTER the increase of a Negro woman named AGGY, now dece'd the said increase being in her possession to her and her heirs forever.
I give and bequeath to my grandson ALSTON JONES son of my daughter RACHEL JONES one Negro named MINGO, born of the body of Negro ROSE, to him my said grandson and to his heirs forever.
Item. I give and bequeath to my daughter RACHEL JONES, wife of EDMUND JONES one Negro woman named CATE, with her increase now in her possession together with five pounds Virginia current money which money I desire may be paid by my Executors which is all I intend to give to my said daughter out of my Estate.
Item. I give and bequeath to my daughter SARAH MORGAN, two Negro girls JANE & TINTY with their increase to her her heirs and assignees forever, which is all I intend for my said daughter SARAH out of my Estate.
Item. I give and bequeath to my grandson LEMUEL JAMES ALSTON son of my deceased son SOLOMON ALSTON five pounds current money to be paid him by my Executors out of my said estate when he attains to lawfull age.
Item. It is my will and desire that my two sons in law ISAAC HUNTER and JESSE HUNTER have the use of my still in distilling the brandy made by them on their plantation.
Item. It is my will and desire that if my son JAMES ALSTON die without heir lawfully begotton of his body, that what Negros he has of my Estate at the time of his death with their increase shall be equally divided between WILLIAM ALSTON, ISAAC HUNTER, JESSE HUNTER & EDMOND JONES, to them, their heirs and assignees forever.
Item. I give & bequeath all my Estate of the personal property of what nature or kind soever, not before in this my will and Testament bequeathed, to my son JAMES ALSTON and to his heirs and Assignees forever.
Lastly. I constitute and appoint my loving sons JAMES ALSTON, WILLIAM ALSTON, & my son in Law ISAAC HUNTER Executors of this my last will and Testament revoaking all other Wills by me heretofore made and do acknowledge this to be my last Will & Testament In witness whereof I have hereunto set my hand and affixed my seal this 14th day of September Anno Dom 1780.
Signed Sealed published & pronounced to be my Last Will & Testament in the presence of
A codicil to the aforewritten Will
It is my will and desire that a certain piece or parcel of land given in this my last will to my grandson SOLOMON HUNTER son of ISAAC HUNTER and MARTHA his wife, since the making my said Will, I have given to the said SOLOMON HUNTER the said land by deed dated the Eighteenth day of April one thousand Seven hundred and Eighty one, therefore it is my desire that the said legacy given in my said Will be null and void as if never made.
Item. It is my will and desire that if my son JAMES ALSTON should die before his son JOHN KEARNEY ALSTON attain to the age of Eighteen years that then and in such case it is my Will and Desire is that none of my land shall be cleared untill my said grandson attain to the said Eighteen years of age, or untill the same shall be claimed by my heirs according to my said will. In Witness whereof I have hereunto set my hand & seal this 10th day of April Anno Dom 1781.
Signed & Sealed in the presence of
Warren County, January Court 1785
This last Will and Testament of SOLOMON ALSTON dece'd was presented in Court and proved by the oaths of WM. MYRICK SEN'R & WILLIAM MYRICK JN'R and JAMES ALSTON qualified as Exec'r to the s'd Will.
Test M. DUKE JOHNSON CCt
(Son of John Alston, d. 1758 Chowan Co,NC, and Mary _____; his wife was Ann Hinton)
Will of SAMUEL CREATH -1813
| In the
name of God Amen, I SAMUEL CREATH of Warren County and State of
North Caroling being of sound mind do make and ordain this my last
Will and Testament, to wit,
I Will and bequeath to my beloved wife NANCY the whole of my Estate after the payment of my just debts, during her natural life or widowhood, and at her death or intermarriage, my will and desire is that my property be equally divided amongst my Wife and Children, or the survivors of my Children, my wife sharing a child's part.
I do hereby nominate and appoint my friend HUDSON RAGLAND & my beloved wife NANCY CREATH Executor and Executrix of this my last Will and Testament hereby revoking all others.
In Testimony whereof I have hereunto set my hand and seal this 31st Day of August in the year of Lord One thousand Eight hundred and Twelve.
SAMUEL CREATH ("x" his mark)
Signed & sealed in the presence of
WILLIAM H. SIMS
State of North Carolina
February Term 1813
This last Will and Testament of SAMUEL CREATH was exhibited in Open Court for probate and proven by the oath of RICHARD BULLOCK. NANCY CREATH an Executrix named in the Will qualified as such according to Law & on motion it was ordered to be recorded.
Test. WM. GREEN CCt
An Inventory of the Estate of SAMUEL CREATH Deceased, taken this 25th Day of February 1813.
One Negro boy named EDMUND, one Negro child named KINDRICK, three beds, two tables, three chest, two beadsteads, one trunk, eight chairs, three pewter dishes, one dozen earthen plates, half a dozen pewter plates, nine cups and saucers, half a dozen Tea spoons, two table spoons, one mug, three books, one sugar dish, one cream pot, one pepper box, one candle stick, one pair of candle moulds, one butter pot, a half dozen knives, and forks, one loom, 2 cotton wheels, one flax wheel, two pots, 2 dutch ovens, three pairs of pot hooks, three tin pans, one pair of flesh forks, one pair of fire tongs, one grid iron, one tribbit, two flat irons, one pot rack, one looking glass, two coffee pots, one cradle, one debt due from RICHARD BULLOCK Thirteen pounds fourteen shillings and nine pence Virginia money. A debt due from SAMUEL LOCKHART $17.
NANCY CREATH ("X" her mark)
State of North Carolina
February Term 1813
This Inventory was returned in Open Court by NANCY CREATH, Executrix on oath & ordered to be recorded.
WM. GREEN CCt
(Samuel Creath was married to Nancy Ragland, daughter of William Ragland & Emily Sneed, on February 14, 1795 in Granville County)
Will of BUCKNER DAVIS- 1820
| In the
name of God amen: I BUCKNER DAVIS of the County and State of North
Carolina do make and ordain this writing to be and contain my last
will and testament hereby fully revoking and annulling all other or
former Wills by me made adhering alone to the following:
First I appoint my friends GOVERNOR JAMES TURNER, PETER R. DAVIS and STEPHEN DAVIS Executors to this my last Will and Testament and Guardians to my Children hereinafter named.
Secondly, I give and devise to my said friends JAMES TURNER, PETER R. DAVIS and STEPHEN DAVIS jointly and severally all of the estate of which I may die seized and possessed, be it real, personal or mixed, to have, use, regulate, manage and control without accountability or responsibility to any of my said Children hereinafter named. And accordingly I give to my said friends jointly and severally full power and authority, to sell, lease, rent, hire or to dispose of the whole of such estate or any part of it, and jointly or severally to execute good valid and sufficient titles therefore in fee simple to the purchaser or purchasers, in the event of their or either of them deeming a sale of any portion of it, necessary for the welfare and support of my Children here in after named.
Thirdly, I recommend to my said friends and Executors above named, that they afford to my daughter BETSY C. CHRISTMAS for herself and children during her life out of that part of my land lying between the Roads leading from MAJOR PARKS to PASCHALS including a small slip of land lying west of said Road at the South west corner, thence an easterly course along my line to the east margins of the low grounds of the Cabbin branch to what is called the middle ford, thence down the west margin of the low grounds to my corner, thence west to the Road supposed to be and contains three hundred and fifty acres and also out of the following Negroes, and their future increase, to wit, CHARLES, CUDGE, PRIMUS, TEMPY, SILLER, MILLY, TOM, HARRIETT, MARY, LUCINDA, DILLY, DICK, LITTLE SOMMERSETT, BETTY, SOMMERSETT and ALLEY, & also three beds and furniture, three cows and calves, three Ewes and lambs, three sow and pigs, three head of horses (viz) Shandy, Doll and Jersey and also the riding chair, a yoke of steers and cart, chest of drawers, looking glass, dressing table and small dining table, six chairs, the press and its contents, including spoons, knives & forks and an equal part of any part or portion of my estate hereby devised, concerning of which there is no recommendation or request and I do more over further recommend to my said friends or to the survivors or survivor of them, that at the death of my said daughter BETSY C. CHRISTMAS that they give the whole of the property mentioned in this article to divide among the children of my said daughters share and share alike in fee simple, holding and preserving it reverently as they may judge desirous and necessary, during the manage of said children as they hold it during the life of my said daughter.
Fourthly, I further recommend to my said friends and Executors that they afford to my son PETER DAVIS a support out of the following property, that is to say, out of that part of my lands lying east or easterly of the land recommended to be appropriated for the support of my daughter BETSY C. CHRISTMAS including a small tract adjoining the land of EDMOND WHITE, supposed to be and contains three hundred and fifty acres on the whole, and also out of the following Negroes, to wit, JOHN, JIM, GEORGE, MINTY, PEGGY, CAROLINE, MARIAH, BRANDY, HAGAR & her child SABINA, BECCA, DILLAH, HENRY, SALLY and ISAAC and their and the increase of the females before named. And also three beds and furniture, three cows and calves, six Ewes and lambs, three sows and pigs, three horses, two with Crinse, Cate, and Gobiah, the waggon and gear, the large dining table, looking glass, desk, six chairs and gun and an equal part of my property with my other two children concerning of which there is no particular recommendation. And I do furthermore recommend to my said friends and Executors, they always, or the survivor or survivors of them, consulting their prudence and discretion in which I have the fullest confidence, that when ever they or either of them shall be of opinion that my said son PETER can be safely trusted with the control and ownership of property that they or any or either of them, execute to him a deed o other necessary and appropriate instrument of conveyance for the property mentioned in this article, vesting him with a title in fee simple or for life or years as they may deem most prudent and discreet.
Fifthly, I further recommend to my said friends and Executors, to afford to my son WILLIAM C. DAVIS a support out of the following property, that is to say, all that land lying west of that recommended for the support of my daughter, supposed to contain two hundred and fifty acres, and also out of the following Negroes, and their future increase, to wit, STEPHEN, EDMOND, SHADRACK, DICY, LIZZA, FANNY, FLORA, THOMAS, PETER, HARRISON, HANNAH, PORTER, MATILDA (sometimes called TILDY), CATY, and SARAH, three beds and furniture, three cows and calves, six ewes and lambs, three sows and pigs, three head of horses, that is my riding horse, Pompey and Peg, one yoke of steers, case and bottles, six chairs, also an equal portion of all my property, concerning of which there is no particular recommendations. And I also furthermore recommend to my said friends and Executors, they always consulting their prudence and discretion, or the survivor or survivors of them, in which I have equal and full confidence, that whenever they or either of them shall be of opinion that my said son WILLIAM C. DAVIS can be trusted with the control and ownership of property that they or any or either of them, execute to him a deed or other appropriate instrument of conveyance for the property mentioned in this article, vesting him with a title to the same or any part thereof in fee simple, or for life, or years, as they or any or either of them may think most prudent and diserve.
In witness whereof I have on this 27th day of January in the year one thousand eight hundred and twenty, set my hand and affixed my seal
Signed, sealed published and declared in presence of
ROB'T H. JONES
Warren County - May Court 1820
This Will was exhibited in open Court for probate, and the execution thereof was proven by the oaths of ROBERT PARK and ROBERT H. JONES subscribing witnesses thereto and on motion ordered to be recorded whereupon JAMES TURNER, PETER R. DAVIS, & STEPHEN DAVIS Executors therein named qualified as such in due form of law.
CAS. DRAKE CWCC
(Son of Peter & Amy Davis; Buckner was married to Nancy Chapman)
Will of HANNAH (TURNER) DAVIS-1826
| I HANNAH
DAVIS being in perfect mind and memory and knowing it was appointed
for all once to die, do make and ordain this my last will and
1st. I give and bequeath unto WINIFRED DAVIS, JACOB, TEMPERANCE D. DAVIS (of JNO. DAVIS dec'd) THOMAS DAVIS, and TEMPERANCE DUKE, to them and their heirs forever the following property, viz, PETER, FANNY, DAVY, ARTHUR, DICEY, BETSEY, GRACE and FEREBEE together with their present and future increase, also all other property that I possess or enjoy both above and beneath the surface of the Earth as also that portion of the earth whereon I now live.
2nd. I give and bequeath unto THOMAS DAVIS two Negro Women DINAH & CHERRY together with their present and future increase to him and his heirs forever. In witness whereof I hereunto set my hand and seal this twenty fourth day of June one thousand eight hundred and nineteen.
Signed Sealed and delivered in presence of
Warren County, February Court 1826
This last will and testament of HANNAH DAVIS dec'd, was duly proved in open court by the oaths of STEPHEN TURNER and HENLY TURNER subscribing witnesses thereto and on motion it is ordered to be recorded.
C. DRAKE CWCC
Will of MATTHEW DAVIS-1825
| In the
Name of God Amen. I MATTHEW DAVIS of Warren County & State of North
Carolina being of sound & perfect mind & memory do this 30th of
March in the year of Lord one thousand Eight hundred & Twenty five
make and ordain this my last Will and Testament in manner following
That is to say-
I lend to my beloved wife MARY DAVIS all my land estate lying on the north side of the Great Branch also I lend to my Beloved wife MARY DAVIS the following Negroes, to wit, GEORGE, SEALEY, EASTER & ISHAM, also TEMPERANCE & REMUS also the one half the stock of horses, cattle, sheep & hogs also all the household furniture and Plantation utensils all the above named during her natural life.
Item- I give & bequeath to my son PETER R. DAVIS following tract of land being part of WEATHER's tract and bounded as follows Beginning on the Big rock Branch against MASSEY's old field and White at the mouth of a lett branch or bottom running up to HAITHCOCK's Mill path to a white oak thence by line of marked trees north 49 west to 3 maples at the head of small branch or bottom Then on down the branch as it meanders to a white oak on the black branch Thence up the branch to JOSIAH STALLINGS line Thence along STALLINGS & MACKLINS lines E 255 poles to two red oaks MACLIN's corner Thence by line of marked trees south about 20 west 102 poles to a maple & gum on the Great Rocky branch HAITHCOCKS corner Thence down the said branch to the beginning Also the following Negroes JOHN, HANNAH, KINCHEN, JACOB & DANIEL the above named to him and his heirs forever.
Item- I give and bequeath to my daughter NANCY POWELL that part of my land lying on the south east side of the Little Rocky branch whereon JNO. B. POWELL now has a plantation. Also the following Negroes to wit, SOLOMON, CEILY, NED, PRIMUS & JANE to her and her heirs forever.
Item- I give & bequeath to my son STEPHEN DAVIS the following tract of land bounded as follows, Beginning at the mouth of the big Rocky branch and running up to the mouth of the little Rocky Branch, thence up sd Branch to the head on R.T. CHEEK's line, thence north course on CHEEKS to a corner on HAITHCOCK's line Thence west course line of marked trees to head of a little branch down sd branch to the great Rocky branch Thence down sd Branch to PETER R. DAVIS Corner as above named Thence along PETER R. DAVIS line the black Branch to a white oak thence down the black branch to the mouth and down Fishing Creek to the beginning also the following Negroes to wit, LEWIS, ISHAM, TEMP, MARIAH & HAGER to him and his heirs forever.
Item- I give and bequeath to my daughter ELIZABETH PITCHFORD the tract of land whereon she now lives which I purchased of JNO HARWELL also the following Negroes to wit, RICHMOND, RUTH, GEORGE, HENRY son of NED, REAMUS & DICK to her and her heirs forever.
Item- I lend to daughter POLLY KEARNEY the land lying on Reedy Creek which I purchased of JOHN T. KEARNEY during her life then to be equally divided between the children she now has or may hereafter have. Also I lend to my daughter POLLY KEARNEY the following Negroes TIM, HARRY (son of RUTH), MATILDA, SANDY & MARANDY during her life and at her death for the above named Negroes with all their increase to be equally divided between the children she now has or may hereafter have. Also I lend to my son-in-law EDWARD KEARNEY during his life the following Negroes which I bought from sd EDWARD KEARNEY to wit DOCTOR, BELL, LUCY, FAN, HARRISON, EVELINE, JOHN, MARIAH, MARY, MANERVA & JULIA also CHARY & TOM and at the death of said EDWARD KEARNEY the said Negroes with their increase to be equally divided between the children she now has or may hereafter have.
Item- I give to daughter REBEKAH WILLIAMS one tract of Land bounded as follows which tract of land I have lent to my wfie during her life lying as before stated on the north side of the Great branch also the following Negroes, to wit, FED, PETER, ESTER, MARY, BOB, RANSOM & CHARITY & SARY to her and her heirs forever.
Item- It is my will that all the property I may die possessed of not mentioned in this my last Will of every description & denomination shall be equally divided between the whole of my children.
I constitute and ordain my two sons PETER R. DAVIS & STEPHEN DAVIS my whole and Executors to this my last will and testament denying & revoking all other wills or wills made by me. In witness whereof I do hereunto set my hand & affix my seal the day and date first written
Signed & Sealed in presence of
R. T. CHEEK
State of North Carolina
Warren County, Feby Court 1827
The Execution of this last will and testament of MATTHEW DAVIS deceased, was duly proved in open Court, by the oaths of ROBERT T. CHEEK & JOHN HALL subscribing witnesses thereto and on motion ordered & directed to be recorded, whereupon PETER R. DAVIS one of the Executors therein named qualified as such in due form of law.
C. DRAKE CWCt
A note in the Estate of MATTHEW DAVIS reads as follows:
Inventory of the Estate of MATTHEW DAVIS Dec'd returned to February Court 1827 by the Executors Vizt:
13 Negroes in the possession of EDWARD KEARNY and lent to him during his life
5 Negroes lent to POLLY KEARNY, his wife
5 Negroes willed to P.R. DAVIS
5 Negroes willed to NANCY POWELL
5 Negroes willed to STEPHEN DAVIS (one since dead)
6 Negroes willed to ELIZABETH PITCHFORD
7 Negroes willed to REBECCA WILLIAMS
No further info included.
(Son of Peter & Amy Davis; Matthew's
wife was Mary Madray)
Will of JOSEPH HAWKINS-1827
(This will was probated in Wake Co., but the Estate was filed in Warren County)
| In the
Name of God Amen. I JOSEPH HAWKINS of the City of Raleigh, being of
perfect mind & memory and good health, do on this 13 day of June in
the year one thousand eight hundred and twenty four make and declare
this to be my last Will & Testament, revoking all others.
I wish my Executors to sell the following Negroes, to wit, FANNY, PHILLIS, OLIVE, HANNAH, the two SYLVEYs, PHOEBE, HARRY the Smith, and RACHEL and the proceeds thereof applied as hereafter directed. I also wish my Executors to sell the following tracts of land to wit, my lands in Warren County for not less than two dollars per acre. The land on Swift Creek for not less than two thousand dollars. The land on Walnut for not less than three dollars per acre. The land called the Edmund Lane for not less than two dollars per acre. The land I purchased of FREDERICK MATTHEWS for not less than four dollars per acre. The house and ten acres and a half of land, four and a half of which is separate and distinct from the six acres around the house for not less than twenty five hundred dollars. My lands in the Countys of Cumberland & Moore for not less than I gave for them. My lotts in Lawrenceville, Montgomery for one hundred dollars (my lotts in Monroe in the County of Warren, I don't wish sold) On the premises in every instance, on a credit of four years, say one fourth annually untill all is paid & the money arising from the sale of the same, and from the sale of the above named Negroes to be equally divided among my children.
I give my infant son JOSEPH HAWKINS, all my lands on the Rivers Cape Fear & Deep River. I mean all my lands in the County of Chatham, North Carolina. I also give him my man CAD, and his wife MOURNING & her child, EMELINE, and the table spoons & ladle, that has J. HAWKINS on them, to him, his heirs & assigns forever. I should not have made this separate legacy, but or my daughters having a parcel of Negroes their grand mother gave them.
I give to my daughter MARY HELEN HAWKINS a yellow girl called CAROLINE & the dozen teaspoons with A on them.
I give to my daughter MARTHA HARDY HAWKINS a girl called MELISSA daughter of OLIVE and a half dozen desert spoons with T.H. on them. I give to my daughter SALLEY MACON HAWKINS, a girl called CHERRY, daughter of DILLER, and a half doz. spoons like MARTHA's.
I give to my daughter ELIZABETH MATILDA HAWKINS, a girl called HENRIETTA daughter of ADALINE and a half doz desert spoons such as MARTHA's & SALLY's.
It's my particular wish and desire, that should either of the girls I have bequeathed to my daughters, die, become anwise injured, so as not to answer as maids, that my Executors, or their Guardians, shall have an order of Court, appointing three men to take out of my Negroes, such another (or others if more than one should die or become injured) and the balance of my Negroes I wish to be hired out until one of the children becomes of age, or gets married, and then to be equally divided, and she or he to take her or his part, and the balance to remain together and divided as above, when they become of age or marry. I wish the balance of my property of every description sold on a credit of twelve months, and the money arising from the same together with the debts due me (which will be found to be after paying what I owe, no less than six thousand dollars) to be laid out in bank stock and as the children become of age or marry, to have an equal part of it. I also wish the money that my lands may sell for, to be laid in bank stock and divided as above . It will be found that my honourable friend COLO. CHARLES W. JOHNSON is owing me a large debt which I would rather in fact direct it that he should be indulged upon his paying the interest annually, on it, for the education of the children. This is without something may turn up, that could not be me, or any other person not living, anticipated and the money should be wanted. My meaning is, that if there should be as much as COLO. JOHNSON's debt due me, after the settlement of my Estate, that he should, if he wishes it, be indulged, on his scouring the amount due by him, beyond any doubt, and annually paying the interest until the marriage, or coming of age of one of the children.
The children of the late CHARLES MARSHALL are owing me a sum which I paid to PETER MITCHELL & AUGUSTIN ALSTON since settled my a/ctg as MR. MARSHALLs executorof above four hundred dollars, which I release from a belief that my children can do better without it than they can.
It is my particular wish and desire that my children should have a liberal education, and that my son should study medicine. Since writing the above, I have concluded that it would be best for the children for the woman CLARINDA not to be divided among the children, & that she should remain undivided to wait on the unmarried girls, as such, I wish her not to be hired out & to remain with or near to the girls and the last one that gets married is to have her, I mean the last of the girls.
As an inducement to my Executors, to exert themselves in the sale of the lands I have directed to be sold, its my desire that the one who takes the trouble to go on the lands, attend the sale and in fact, does the business, shall have an extra allowance of five percent on the sum for which he obtains for lands over and above what the court may allow him for settling the Estate. Should any the lands that I have directed to be sold remain unsold in the first day of January, that may happen after the first of the children arrives to the age of twenty one, or marries, it must be equally divided among them. To this my last Will and Testament I constitute and appoint my brother, MICAJAH T. HAWKINS, THOMAS ALSTON, and HENRY SEAWELL of Wake and WILLIAM WILLIAMS GEN'L of Shocco, and DENNIS O'BRIEN of Warren Executors.
In witness whereof I have hereunto set my hand and affixed my seal the day and year first written.
State of North Carolina
County Court of Pleas & Quarter Sessions
August Term 1827
The foregoing paper writing purporting to be the last Will and Testament of JOSEPH HAWKINS deceased, was exhibited in open court, and there being no subscribing witnesses thereto, WILLIAM H. HAYWOOD SEN'R, SHERWOOD HAYWOOD, CHARLES MANLY and BEVERLY DANIEL, Esq'rs, four credible witnesses, appeared in open court, and duly proved that the name of JOSEPH HAWKINS, subscribed to the several sheets, containing said Will, was in the proper hand writing of the said JOSEPH HAWKINS, dec'd, and that the said Will, and every part thereof, was also in the proper hand writing of the said JOSEPH HAWKINS, and it being further proved by the said BEVERLY DANIEL, and JOHN H. GREEN, that the said Will was found among the valuable papers and effects of the said JOSEPH HAWKINS dec'd the same is therefore admitted to probate and ordered to be recorded.
B.S. KING, C.C.
WILLIAM WILLIAMS, DENNIS O'BRYAN, and MICAJAH T. HAWKINS, the Executors therein named, came into open court and qualified according to law.
MRS. DOLLY HAWKINS, Widow & relict of COLO. JOSEPH HAWKINS dec'd came into open court in proper person and declared her dissent from the last Will and Testament of her deceased husband (proven at this term) where upon the same was ordered to be recorded.
B.S. KING, C.C.
JOSEPH HAWKINS, Warren County Estate 1829
|In pursuance of the annexed order of Warren County Court we have proceeded to allot to SAMUEL A. WILLIAMS and his wife SALLY M. who was SALLY M. HAWKINS the following Negroes being the proportion of the Negroes belonging to the Estate of Col. JOSEPH HAWKINS dec'd to which the said SAMUEL and his wife SALLY M. is entitled as follows vizt:|
| WATSON - Value
TOM broken thigh
| SAMUEL A. WILLIAMS to
pay to the Exrs. of JOSEPH HAWKINS for the use of the other two
children $14.67 being that much value in the above left over and
above his proportion of the whole valuation of Negroes.
Given under our hands and seals in Warrenton this 31st day of December 1833
PETER R. DAVIS
LEWIS Y. CHRISTMAS
THOS. E. GREEN
Nov. Court 1833
SAMUEL A. WILLIAMS & Wife
JOSEPH HAWKINS Ex'rs & Others
This cause coming on to be heard at this Term upon the petition answers & exhibits, the Court doth declare that the petitioner SAMUEL in right of his wife SALLY as entitled to one third part of the Negroes in the possession of MICAJAH T. HAWKINS & DENNIS O'BRYAN the surviving Exr's of JOS. HAWKINS & which were bequeathed by the Testator the said JOSEPH HAWKINS to his five children, MARY H. HAWKINS, now the wife of AUGUSTUS ALSTON, MARTHA H., now the wife of ARTHUR MACON, the Petitioners SALLY, wife of Petitioner SAMUEL, ELIZABETH HAWKINS & MICAJAH T. HAWKINS JR. It appearing that the said AUGUSTUS & ARTHUR upon their respective intermarriages, received each in right of their said wives their equal share of said Negroes.
The Court doth therefore order that PETER R. DAVIS, JAMES SOMERVILLE, ROBERT T. CHEEK, LEWIS Y. CHRISTMAS & THOMAS E. GREEN or any three of them be appointed Commissioners to allot and set apart to the said SAMUEL in right of his wife to the said SALLY one third part of said Slaves according tot he Will of the said JOS. HAWKINS & that they report to the next Court. And it is further ordered that the petitioner SAMUEL execute upon receiving said Negroes, a refunding bond according to Law. And it is further ordered & adjudged that this decree shall no preclude the petitioner from the right of hereafter filing a bill in equity or a petition against the said Executors for the hire and profits of said Slaves & for an account & Settlement of the estate of their Testator.
Test. E. D. DRAKE C.W.C.C.
State of North Carolina
Warren County, 29th December 1829
In obedience to an order of Court to us directed we have agreeably to the Will of Co JOSEPH HAWKINS dec'd this day divided the Negroes belonging to the Estate of said dec'd among his five children as follows vizt:
To AUGUSTUS ALSTON and his wife MARY HELLEN formerly MARY H. HAWKINS we have alloted the following Negroes:
|JESSE - Valued at -||$175|
BETSY & her child DRURY and infant child
To receive from the guardian of the three young children:
We have alloted to ARTHUR MACON and his wife MARTHA HARDY formerly MARTHA H. HAWKINS the following Negroes:
|CAROLINE THOMAS & her child MARY HELLEN||350|
NANCY EATON and her child MELINA
|To receive from the guardian of the three young children||23.20|
|To the other three children of Col. JOSEPH HAWKINS we have as his will directs alloted the balance of the Negroes in common as follows viz;|
|CALLOWAY & Child MARTHA ANN||180|
|MINDER & Child STARLING||300|
|MOLLY & Child MARTHA HELLEN||275|
|LIZZIE & Child WESLEY||350|
|ADELINE & Child LILA||275|
|MARIA JOHNSTON & her child ANN ELIZA||325|
Allowance for keeping Old WINNY
|Allowance for keeping Old BETTY||70|
|To pay AUGUSTUS ALSTON||$9.20|
|To pay ARTHUR MACON||$23.20|
PETER R. DAVIS
|Lot No. 4 valued as follows we have alloted to AUGUST ALSTON and his wife MARY HELEN:|
|OSCAR valued to||$450|
| To take EASTER for
allowance is made of
|To pay Lot No. 2||7.50|
|Lot No. 2 valued as follows we have alloted to ARTHUR MACON and his wife MARTHA HARDY:|
|AFFY & her child LUCY||$300|
|To receive from Lot No. 4||7.50|
|To receive from the guardian of ELIZABETH & SALLY M. HAWKINS||25.00|
|To SALLY M. HAWKINS and ELIZABETH M. HAWKINS the remaining two daughters of COL. HAWKINS we have alloted the balance of the Negroes left by their grand mother valued as follows, vizt-|
|MARIA & her child WILLIAM||$325|
|HENRY, her child also||125|
|HENRY (son of AFFY)||140|
| SANCHO & his wife
LUCY, vizt: SANCHO valued $70 and the same
amt allowed for the charge of
|To pay Lot No. 2 ARTHUR MACON||25|
PETER R. DAVIS
County Feby' Session 1830
This division of the Negroes belonging to the Estate of COL. JOSEPH HAWKINS dec'd was duly returned in open court and on motion the same is ordered to be rendered.
C. DRAKE CWCC
| Acct of
hire of Negroes & rent of land for 1836 by M. T. HAWKINS Grd'n for
JO. HAWKINS Children
Returned to Aug't Court 1836 & Recorded in Book 35, Page 330
A list of Negroes belonging jointly to ELIZABETH M. HAWKINS and MICAJAH T. HAWKINS JNR hired out by MICAJAH T. HAWKINS their guardian on the 28th day of December 1835, for the year 1836, to wit:
GENERAL WASHINGTON to MICAJAH T. HAWKINS for $81.00
EATON to MICAJAH T. HAWKINS for 70.00
NED TUNSTALL to MICAJAH T. HAWKINS for 75.00
MADISON to MICAJAH T. HAWKINS for 65.00
FAULCON to MICAJAH T. HAWKINS for 78.25
CHARLES to MICAJAH T. HAWKINS for 70.25
FINNY WASHINGTON to JAMES TWITTY for 65.25
REDDICK to MICAJAH T. HAWKINS for 66.00
BEN HARDY to MICAJAH T. HAWKINS for 85.50
LITTLE LINUS to MICAJAH T. HAWKINS for 40.25
JACKSON to MICAJAH T. HAWKINS for 40.25
ELLICK to MICAJAH T. HAWKINS for 53.75
WILLIS JOHNSON to MICAJAH T. HAWKINS for 85.00
STEPHEN McLEMORE to MICAJAH T. HAWKINS for 60.00
BOB to LEWIS Y. CHRISTMAS for 47.75
EVERIDGE to MICAJAH T. HAWKINS for 40.50
EMILY to MICAJAH T. HAWKINS for 38.50
HARRIET to MICAJAH T. HAWKINS for 39.50
POLLY HARDY to MICAJAH T. HAWKINS for 40.00
MIRANDA to MICAJAH T. HAWKINS for 39.75
STEPHEN TUNSTALL to MICHAEL COLLINS for 22.75
SQUIRE CRAWFORD to MICAJAH T. HAWKINS for 15.50
LAFAYETTE to MICAJAH T. HAWKINS for 16.25
ALBERT to MICAJAH T. HAWKINS for 136.00
BURTON to MRS. TOM WORTHAM for 16.00
PEGGY to JOHN ASKEW for 15.00
NANCY TUNSTALL to GREEN D. JENKINS for 12.50
LITTLE WINNEY to MICAJAH T. HAWKINS for 10.00
JOHN, MOLLY and their four children, viz, ANN, ELIZA, MARTHA, HELEN, JOHN and SALLY MACON - to MICAJAH T. HAWKINS for their vituals & clothes
Amt carried forward..... $1425.50
LINUS, CALLOWAY and child LOUISA - GID M. GREEN to be paid for
keeping them $3.90
MARIA JOHNSON & 4 children ANN ELIZA, CHINA, EDMUND & P. HARRISON - M. T. HAWKINS to be paid for keeping them $40.00
ADELINE & 4 children, BETTY, LILA, HIXY PLUMMER & ALEXANDER - M. T. HAWKINS to be paid for keeping them $40.00
GRANNY BETTY- WILLIAM WATSON to be paid for keeping her $20.00...103.90
LUCINDA & child CLARINDA, both died some time this year.
Balance for the hire of the aforesaid Negroes....$1321.60
A list of Negroes belonging to ELIZABETH M. HAWKINS hired out by M. T. HAWKINS her Guardian aforesaid, on the day and for the time aforesaid, viz:
HENRIETTA...to LEWIS NICHOLSON for $22.00
HENRY son of AFFY and HENRY son of MARIA ALSTON to MICAJAH T. HAWKINS for their vituals and clothes
CLARINDA not hired as directed by Testators Will
Also rented out Rooker Plantation for 1836 to M.T.H. for $40.00
A list of Negroes belonging to MICAJAH T. HAWKINS JNR. hired out by M. T. HAWKINS his Guardian as aforesaid, on the day and for the time aforesaid, viz:
EMELINE to MICAJAH T. HAWKINS for $33.75
CAD to JOHN C. GREEN for 100.00
MOURNING & her child PATIENCE to MICAJAH T. HAWKINS for their vituals & clothes
M. T. HAWKINS, Guardian
Warren County, August Court 1836
The foregoing amount of the hiring of the Negroes belonging to ELIZABETH M. HAWKINS and MICAJAH T. HAWKINS JUNR (Orphans of COLO. JOSEPH HAWKINS dec'd) by their Guardian M. T. HAWKINS was returned upon oath in open court by the said Guardian and ordered to be recorded .
Test. E. D. DRAKE, Clk
(This was Col. Joseph H. Hawkins, son of John Hawkins & Sarah Macon, grandson of Philemon Hawkins & Delia Martin; his wife was Mary Hardee Alston, dau/of William Alston & Martha Hardy)
Will of JOHN L. HENDERSON -1902
Warrenton, January 27, 1902
I, JOHN L. HENDERSON of the Town of Warrenton N.C. being of sound mind & knowing the uncertainty of live do make this as my last Will and Testament.
First. I give to my beloved wife DAISY DOUGLAS HENDERSON, a life interest in my Residence in Warrenton N.C. & at her death that it shall go to my children, begotten of her.
Secondly. I give to my wife DAISY DOUGLAS HENDERSON in fee simple all the rest of my property of every kind, money in bank, notes, debts & stock of every kind to have & to use as she may see best for the support of herself & our children. I have every confidence in her that she will care for & raise my children to Love Our God & humanity. I suggest that my wife consult my good friend & cousin, R. B. BOYD about any matter of business as I have every confidence in him in every way.
May our God bless my little family. This January 27th 1902.
J. L. HENDERSON
Witness C. S. HAITHCOCK
State of North Carolina
In Superior Court Before O. L. ROWLAND, Clerk
In re Estate of JOHN L. HENDERSON deceased
A paper writing purporting to be the last Will and Testament of JOHN L. HENDERSON, deceased is exhibited in open Court for probate by DAISY D. HENDERSON & the due execution thereof by the said JOHN L. HENDERSON, deceased, is duly proven by the oath and examination of B. G. GREEN, S. B. WILLIAMS & H. T. MACON, who state they verily believe that aforesaid Will & every part thereof is in the handwriting of the said JOHN L. HENDERSON deceased & whose name is subscribed thereto. And the said SOL. B. WILLIAMS, having further sworn that said Will was found among the valuable papers & effects of the said JOHN L. HENDERSON, deceased, and it further appearing to the satisfaction of the Court that said JOHN L. HENDERSON, dec'd, was at the time of making said Will of sound mind & memory, of full age, to execute a will & under no restraint to their knowledge, information or belief. It is therefore considered, adjudged & decreed that said proof is sufficient & according to law & that said paper writing is & contains the last Will & Testament of JOHN L. HENDERSON, deceased, & on motion it is ordered that said will be admitted to probate & recorded in the Book of Wills of Warren County and as such filed as promise by law, in the Office of the Clerk of the Superior Court of said County.
Dated this 19th day of January 1905.
O. L. ROWLAND, C.S.C.
Will of HENRY HOWARD - 1937
Carolina, Warren Co.
I, HENRY HOWARD of the aforesaid County and State, being of sound mind, but considering the uncertainty of my Earthly existence do make and declare this my last will and testament;
First My Executor herein after 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, IDA HOWARD, the tract of land on which I now reside, containing one hundrede and twenty eight (128) acres, for her natural life, in satisfaction of her dower and thirds in all my lands.
Third I give and devise to my beloved wife IDA HOWARD all of my household and kitchen furniture, not otherwise disposed of in my will. Also all the crops on the plantation whereon I now live, all of the fowls and stock of every description, and all the provisions on hand at the time of my death during her natural life, and at her death to be equally divided among all my children.
4th I give and bequeath to my daughter, NANCY CARTER, wife of GEORGE CARTER, that portion of my land on which she now resides and have resided since her first marriage, containing twenty five and a half (25½) acres, adjoining lands of DOROTHY HOWARD on the East, on the north and South by lands of WILLARD NORTHINGTON, according to survey made by MR. SPRUILL. I also give and bequeath to my said daughter NANCY CARTER five (5) acres more land, adjoining the tract already described above.
5th I give and bequeath to my son CLEATON HOWARD Eighteen and 2/3 acres of land, embracing the house he now lives in and all the improvements attached thereto to be bounded on the north by my old line running East and West cornering East & west of his house on said old line, and running in a southerly direction.
6th I give and devise to my youngest son ANDREW HOWARD a portion of the tract of land on which I now reside, Eighteen and two thirds (18 2/3) acres of land embracing all the improvements, but subject to the life estate of my said wife, as devised in a former item of this my will to have and to hold to him and his heirs in fee simple.
7th My will and desire is that all the residue of my estate (if any), shall be equally divided between my seven children to wit: EVA, LOLA, JEWELL, MARY, ARTILIA, MINNIE and BLANCHE.
8th I hereby constitute and appoint my trusty friend - T.B. FLEMING my lawful executor to all intents and purposes, to execute this my lawful Will and testament according to the true intent and meaning of the same, and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof, I, the said HENRY HOWARD do hereunto set my hand & seal this the 23rd day of November 1927.
Signed, sealed, published and declared by the said HENRY HOWARD 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.
Witness J. R. BOYD
Witness WILLIE CARTER
North Carolina, Warren Co.
I, HENRY HOWARD of said County and State make this codicil to my last will and testament published by me and dated the 23rd day of November 1927 which I ratify and confirm, except as the same shall be changed hereby. Whereas it was my intent and purpose to give to my son EVA HOWARD Thirty Seven and half acres of the land described.
In testimony whereof, I the said HENRY HOWARD do hereunto set my hand and seal, this 23rd day November 1927.
Signed, sealed, published and declared by said HENRY HOWARD to be a codicil to his last will and testament in our presence, and we in his presence (and in the presence of each other) have at his request, hereto subscribed our names as witnesses.
Witness J. R. BOYD
Witness WILLIE CARTER
Will of PHILLIP KEARNEY-1794
| In the
Name of God, Amen, I PHILLIP KEARNEY of the County of Warren and
State of North Carolina, calling to mind the uncertainty of human
life do make my last Will and Testament in manner and form
First. I give and devise all my lands in Halifax County lying on the East side of Mill Swamp including the mill with ten acres adjoining said mill on the west side of sd Swamp, also the following Negroes, to wit, LUCY, DEMPSEY, WARREN, SAM, DYCIE, VYLET, NANCY, JOE, DYNAH, LYLA, WILLIS, SYMMS, JOHN, also all the stock of horses, cattle & hogs belonging to my sd plantation in Halifax County, to my son THOMAS KERNEY to him his heirs and assigns forever.
Second. I give and devise all my lands in Halifax County on the west side of the Mill Swamp except ten acres adjoining the Mill before given away also all my lands lying in Warren County on the East side of Cabbin branch & Pig pen branch also the following Negroes, to wit, JACOB, TREACY, BILLY, DICK, COLLEY, POLLADORE,JIM, TAMER, CHANY, BECK, JOE, CARMY, MANUEL, DILCY, LIGE, WILLIS, RUTHY, HASTY, to my son HENRY GUSTON KERNY to him, his heirs and assigns forever.
Third. I give and devise all my lands lying in the county of Warren on the west side of the Cabbin and Pig pen branches, also the following Negroes, to wit, SYRUS, FEREABY, ANSICK, PETER, TREACY, RACHEL, HAGER, TONY, LEWEY, DARKIS, ISHAM, ANNY, MILES, CATE, BRUTIS, JUDY, SAM, HAGER, KESIAH, DYNAH, EATON, CHARITY, MATHEW, JESSE, to my son WILLIAM KINCHEN KEARNEY to him his heirs and assigns forever.
Fourth. I give and devise unto my daughter ELIZABETH WILLIAMS all that I have heartofore given her and also the following Negroes, to wit, JENNEY, PAT, TILLY, PENELOPY, to her her heirs and assigns forever.
Fifth. I give and devise to my daughter MARTHA ALSTON all I have here to fore given her also my right and title to eight Negroes that was in the possession of JOHN JONES at his decease, to wit, BEN, SEBENIAH, CLARACY, AGGY, SHARPER, POLADORE, & TEMPY, to her and her heirs forever.
Sixth. I give and devise to my daughter SARAH KEARNEY the following Negroes, to wit, EDGECOMB, EASTER, FRANK, JIM, WIRE, RILLIS, FANNY, WASHINGTON, ROSE, PINK, ARTER, ELIJAH, RACHEL, DYCIE, AMY, CHERRY, ROSSY, MARY, CLARRECY, ELVY, NANCY, to her, her heirs & assigns forever.
Seventh. I give and devise to my daughter PRISILLA KEARNEY the following Negroes, to wit, SHARPER, ANACA, DOL, SERENAH, SARAH, ALFRED, JOE, POMPEY, FANNY, BURREL, MOURNING, LOTT, LEMMY, WINNIE, JORDIN, MELINDA, ALLEN, ARY, MACKLIN, JUDY, JOHH, to her and her heirs forever.
Eighth. I give and devise to my daughter POLLEY DAWSON KEARNY the following Negroes, to wit, KITTY, HARDY, DICK, NELSON, TEMPY, VENUS, CALEB, JACK, HALLY, TAB, PEG, MARY, SELAH, DAVID, MILLY, LUCY, HIXY, SUCA, BEN, KING, LILLY to her, her heirs and assigns forever.
Ninth. It is my will and desire that my beloved wife ELIZABETH keep in her possession all the land, Negroes, stock and furniture that I have before given to my five children HENRY GUSTON, WILLIAM KINCHEN, SARAH, PRISCILLA & POLLEY DAWSON KEARNEY, for the use, support, maintaining and educating them untill they marry or attain to lawfull age and as they marry or attain to lawfull age, for them to take of their legacies as given before.
Tenth. Further it is my desire that my wife ELIZABETH should have the disposal of my stock and furniture between my five children as they come of age or marry.
Eleventh. I it is my will and desire that all my just debts be paid and if the case in hand and profits arising from the Estate be insufficient to discharge them, then the ballance to be raised out of the legacies given to my five children equally, H. GUSTON, WILLIAM KINCHEN, SARAH, PRISCILLA & POLLEY DAWSON KEARNEY.
Twelfth. I do constitute and appoint my trusty and much esteemed friends WILLIAM ALSTON, JAMES ALSTON, WILLIAM WILLIAMS & HENRY G. WILLIAMS Executors of this my last Will and Testament. signed, sealed published and declared to be my last Will and Testament in the presents of the Witnesses whose names are hereunto subscribed this 21st day October Anno Domoni 1794.
HENRY G. WILLIAMS
Warren County, November Court 1794
This Last Will and Testament of PHILLIP KERNEY dec'd was presented in Court and proved by the Oaths of WILLIAM ALSTON and HENRY G. WILLIAMS and ordered to be recorded whereupon WILLIAM ALSTON & JAMES ALSTON Executors named in the said Will took upon themself the Execution thereof and qualified according to law.
Test M.DUKE JOHNSON CCt
Warren County May Court 1796
HENRY WILLIAMS one of the Executors named herein came into court and qualified as such.
Test M.DUKE JOHNSON CCt
An Inventory of the Estate of PHILIP KEARNEY,
Obedience to an order from the Worshipfull Court of Warren Nov'r
Term 1799 We the Commissioners have divided the estate of PHILIP
KEARNEY deceased in the following manner (to wit)
WILLIAM DENSON two Negroes, LUCY & DEMSEY. ELIZ'A KEARNEY two, DUE & LAVINA.
GUSTON KEARNEY two, JOHN & DYNAH, and we further say that WILL DENSON as legatee shall pay the sum of fifteen pounds & as guardian for ELIZ'A KEARNEY fifteen pounds, Virginia currency unto GUSTON KEARNEY or his representative.
Jan'y 1st, 1800
Warren County, Feby Court 1800
The above division of the Estate of PHILLIP KEARNEY dec'd was returned by the persons appointed for that purpose & ordered to be Recorded.
Test M.DUKE JOHNSON CCt
Will of THOMAS KEARNEY-1797
| In the
name of God amen, I THO'S KEARNY of Warren County & State of North
Carolina being in a low state of health in body but enjoying a sound
mind & perfect memory thanks be given to God and calling to mind the
uncertainty of human life do make and ordain this my last will and
testament in manner & form following,
First. I give & divide the land & plantation whereon I now live to my sons GUSTON KEARNY & PHILIP KEARNY to be equally divided between them & claimed in fee simple by them their heirs & assigns forever.
Secondly. I give and divise all my Negroes & their increase together with al the residue of my Estate of what kind and nature soever to my loving wife MARY KEARNY & my children GUSTON, ELIZABETH, KINCHEN & PHILIP to them their heirs and assigns forever share & share alike but to be kept together by my said wife under the control & directions of my Exrs for the support of herself & the education & maintainance of my said children but as soon as any one of my said children marries or attains lawful age that the said child so marrying or attaining to law age to receive his or her equal share or dividend & the remainder is to be kept together as before mentioned by my said wife till the marriage or attainment of lawful age of some other one of my said children & then the said child to receive his or her part as before directed & so in like manner for the other one of my said children so that each one may have his or her equal part as he or she marry or come to lawful age.
And it is my further will and desire that the Negroes & stock given to my said wife and children be kept and worked on any part of my land at the discretion & direction of my Exrs. And it is also my further will and desire that at the death of my wife all the Negroes I have given her together with their increase shall return to my aforesaid children to be inherited by them in fee simple their heirs and assigns forever.
Thirdly I do constitute and appoint my trusty and much esteemed friends JAMES ALSTON, JOSHUA PERRY, THOMAS MAYFIELD & JOHN LINDSAY JUN'R of Halifax County Exrs. of this my last will and testament signed sealed published and declared to be my last will and testament in presence of the witnesses whose names are hereunto subscribed this 9th day of February Anno Domini 1797.
ELISHA COLLINS ("X" his mark)
Warren County, May Court 1797
ELISHA COLLINS proved this last will & testament of THO'S KERNEY dec'd which is ordered to be recorded whereupon Letters testimentary was granted to JOSHUA PERRY and THO'S MAYFIELD who qualified &c.
MDUKE JOHNSON, CCt
Will of LEONARD SIMS - 1804
| In the
Name of God Amen
I LEONARD SIMS of Warren County and State of North Carolina being in perfect mind and memory and calling to mind the mortality of my body and that there is an appointed time for al men to die do make and ordain & constitute this my last will and testament that is to say, first and principally I give my soul to God who gave it and my body to the Earth to be buried at the discretion of my Executors herinafter mentioned and in touching each worldly goods wherein it hath pleased God to bestow with after all my just debts are paid, I lend & give in manner and form following to wit
Item. I give and bequeath to my son JOHN SIMS his heirs & assigns forever one Negro fellow named JIM, one Negro wench named ROSE and Child named PEGGY, one feather bead of furniture one cow & calf two sows & pigs, one sorrel mare and also one tract piece or parcel of land which I purchased of BRUMFIELD RIDLEY lying & being in said County of Warren on the North east of Reedy branch containing by estimation Two hundred & eighty two and an half acres be the same more or less adjoining the lands of WILLIAM DODSON, THOMAS SIM's, widow WILLIAMS's ELISHA SIMS's and my own all which Negroes born bead & furniture, cow & calf sows & pigs and land he my son JOHN SIMS is in full possession of. I also give & bequeath to my son son JOHN SIMS one cow & calf not yet delivered to him.
Item. whereas my sister SUSANNA SIMS have lived with me and been very helpful in my family, in order to make her some compensation, I give and bequeath to her my said sister SUSANNA SIMS, her heirs and assigns forever Thirty five pounds Virginia money, which Thirty five pounds shall be take off of Seven of my sons portions or dividents, viz, RICH SIMS, five pounds, JOHN SIMS five pounds, SWEPSON SIMS five pounds, LEN HENDLY SIMS five pounds, THOMAS SIMS five pounds, JOSEPH SIMS five pounds and HENRY SIMS five pounds which said money shall be paid when reasonable required by my Executors hereafter mentioned.
Item. I give and bequeath to my dear and loving wife SARAH SIMS her heirs and assigns forever Two Negroes Children (viz) one boy named AARON and one girl named BARBARA.
Item. I give and bequeath to my son RICHARD SIMS his Heirs and assigns forever Two Negroes one named ANTHONY and one girl named DISA on e feather bead of furniture two cows & calves two sows and pigs and one horse he hath in possession.
Item. I give & bequeath to my son SWEPSON SIMS his heirs and assigns forever Two Negroes one named JERE the other a girl named SILLER one sorrel filly mare and other chattels such as I have bequeathed to my son RICHARD SIMS as is last mentioned.
Item. I give and bequeath to my son LEN HENDLY SIMS his heirs & assigns forever Two Negroes MOSES and DELPHIA one feather bead and furniture, one horse worth Ten pounds Virginia money and saddle worth three pounds like, and stock as is mentioned to RICHARD SIMS above.
Item. I give and bequeath unto my daughter JANE JEFFERS SIMS her heirs & assigns forever three Negroes (viz) one young wench named MILLY one girl named DINAH and one boy named ADAM, one horse and saddle worth fourteen pounds Virginia currency, one feather bead & furniture & stock as is bequeathed to RICHARD SIMS &c
Item. I give and bequeath to my daughter SARAH SIMS three Negroes (viz) one Negro girl named PHILLIS one named LUCY, one boy named HUMPHREY one horse and saddle worth fourteen pounds Virginia money, One feather bead & furniture and stock as is bequeathed to RICHARD SIMS &C to her, her heirs and assigns forever.
Item. I give and bequeath to my three youngest sons (viz) THOMAS SIMS, JOSEPH SIMS and HENRY SIMS when ever they shall arrive at the age of Twenty one years or should marry each one to have Two Negroes with as near the value of what I have given my other sons or can be as also each one shall have a feather bead and furniture and each one have stock &c equal to LEN HENDLY SIMS to them their heirs and assigns forever.
Item. I give and bequeath to my five youngest sons (viz) SWEPSON SIMS, LEN HENDLY SIMS, THOMAS SIMS, JOSEPH SIMS and HENRY SIMS their and each of their heirs and assigns forever all my land (not bequeathed before) lying on the East & North east side of the Reedy Branch containing by estimation One thousand five hundred and thirteen acres which said land to be divided in Five equal parts said SWEPSON SIMS to have that part or lot including where my sister [MARY] WILSON now lives and to join SIMON WILLIAMS', JOHN HARGROVES and ASHKENAS's line. The said son LEN HENDLY to have the second lot joining SWEPSON SIMS the back lines and others line or lines. My said son THOMAS's lot to join LEN HENDLY's and the WIDOW WILLIAMS's and other line or lines (My said son JOSEPH's lot to join my son THOMAS SIMS'and other lines).
My said son HENRY's lot to join JOSEPH SIMS, WILLIAM SIMS's, JOHN SIM's, and also the Reedy Branch. Now if there should not be found the above mentioned quantity of One thousand five hundred and thirteen acres of land for the deficiency of every acre my son RICHARD SIMS shall pay Fifteen shillings Virginia money which sum shall by a price that he the said RICHARD SIMS shall pay for land that he is to have over and above his proportion in quantity of acres as will appear in a clause hereafter, the money to be equally divided amongst the above said five youngest sons.
Item. I lend to my dear and loving wife SARAH SIMS all my whole estate til as my children come to the age of Twenty one years or marry then she my wife to give up each ones legacy according to ye tenor of this Will lest if she should marry then shall have only a child's part of the personal Estate.
Item. I lend to my dear and loving wife during her natural life or widowhood the land and plantation whereon I now dwell containing by estimation five hundred acres.
Item. after my dear and loving wife SARAH SIMS decease or marrying I give and bequeath to my son RICHARD SIMS his heirs and assigns forever the land and plantation whereon I now dwell containing by estimation five hundred acres (be the same more or less) together with my still for distilling spirits, both with reserve that if any one or more of my Children shall want to distill they shall have free liberty to distill their own liquors.
Item. whereas I am possessed of One hundred and eighty nine acres of land on the West side of Nut Bush Creek, which land is well timbered and will be useful to the five hundred acres of land I have bequeathed to my son RICHARD SIMS, if my said son RICHARD SIMS after my dear and loving wifes decease or marry's for him to pay if the quantity of land doth not hold out to my five youngest sons on the East and North east side of Reedy Branch as is above mentioned rating or valueing the above said One hundred and eighty nine acres of land at Twenty shillings Virginia currency an acres, I say after the deficiency of fifteen shillings the acre is made to my five youngest sons is paid to each of them. The remaining sum shall be equally divided and paid amongst my Children then living as each one of my said Children shall arrive to the age of twenty one years or Marrys, he my said son RICHARD SIMS paying no interest to one or more of my sons or daughters. Now if my said son RICHARD SIMS will comply with the above terms, then I give and bequeath the said One hundred and Eighty nine acres of land his heirs and assigns forever. But and if my said son RICHARD SIMS doth not think proper to comply with the above mentioned terms and refuseth the said land then the said one hundred and eighty nine acres of land shall be sold after my dear and loving wife's decease or marriage, then the money arising b the sale thereof shall be appropriated as is above mentioned. Now let it be remembered that if I and my dear and loving wife SARAH SIMS shall have a Child or Children that such child or children if a son or sons that then each son (if more than one) to have an equal portion with one of my youngest sons to be raised or taken out of such part or parts of my estate not heretofore bequeathed. But if a daughter or daughters then each one as (if more than one) to have an equal portion with my daughter JANE JEFFERS SIMS also to be taken out of such part or parts of my estate not yet bequeathed & which said equal fortune I give to him her or their heirs and assigns forever.
Whereas I have expended and laid out on the educating my son RICHARD SIMS seventy pounds Virginia money also on my son SWEPSON forty pounds like money therefore after my dear and loving wifes decease or on whenever there is an equal division to be made of my Estate amongst my sons and daughters then my said sons RICHARD SIMS and SWEPSON SIMS shall allow and settle the sums of money mentioned as above and to be deducted out of the final division as so much actually received out of each respect according to each ones respective sum.
Item. After my dear and loving wife SARAH SIMS decease or marriage and all matters and things complyed with agreeable to the above mentioned divides &c then the whole of my estate to be made in lots equal in number to the number of my sons and daughters (my son JOHN SIMS is not to have as much by twenty pounds as either one being that I have given him three Negroes and each one of my sons but two Negroes) each one of my children to have his or her equal lot which lot, I give to them their heirs and assigns forever.
Item. If one or more of my sons die before they arrive to the age of twenty one years or are married then son or sons lands shall be sold to the highest bidder of then living sons and not to be approved for any person else to bid for the same and the money arrising by such sale to be equally divided amongst them of my sons then living and that all the personal Estate of such death or deaths shall be equally divided amongst all of my Children or their heirs lawfully begotten.
I hereby constitute my loving wife SARAH SIMS Executrix and RICHARD SIMS, JOHN SIMS and SWEPSON SIMS my three eldest sons Executors of this my last will and testament and desire it may be received as such revoking and disannuling all other will heretofore by me made.
In Testimony whereof I hereunto set my hand affix my seal this twenty ninth day of August in the year of our Lord Christ One thousand seven hundred and ninety five.
Signed Sealed & published
In presence of
I LEONARD SIMS of Warren County and State of North Carolina being of sound and disposing mind do make and ordain this Codicil to my last will and testament hereunto annexed and bearing date this 29thy day of August 1794 as a part and explanatory of my said will (to wit) Whereas I have since making the the above will given to my son SWEPSON SIMS money as an equivalent fee for said land thereon divised to him and my son HENRY SIMS other lands instead of those divised to him by my said Will, I therefore revoke hereby the said divises of lands mad to my said Two sons SWEPSON and HENRY in my said will. And do will and bequeath to my three sons LEN HENDLY SIMS, THOMAS SIMS and JOSEPH SIMS their & each of their heirs and assigns forever, all my lands lying on the North side of the Reedy Branch, except what I have given to my son JOHN SIMS, to be divided between them in three lots as nearly equal in value as can be.
Item. It is further my will and desire that my son RICHARD SIMS, if he should except and take the one hundred and eighty nine acres of land lying on the west side of Nutbush Creek on the terms and conditions mentioned in my said will (to wit) at Twenty Shillings Virginia money per acre that he shall pay the money to my three daughters JANE JEFFRIES SIMS, SARAH SIMS, & SUSANNAH SIMS to each one third part, or should he not except it, and the land be sold as directed in my said will, then it is my desire that the purchase money be equally divided between my said three daughters or the survivors of them, my son RICHARD SIMS not to be liable in either case for any deficiency which may happen in the land devised by my said sale to my five youngest sons and by this codicil to my three sons LEN HENDLY, THOMAS and JOSEPH SIMS.
Item. I give and bequeath to my son HENRY SIMS his heirs and assigns forever, all the lands which I purchased of RICHARD BULLOCK Exe'r of LEN H. BULLOCK dec'd and HENRY PHIFER lying on the head waters of the Reedy Branch.
Item. I give and bequeath to my son JOHN SIMS his heirs and assigns forever in addition to the land heretofore given him all the my land on the East side of the new Road.
Item. Whereas by my will hereto annexed I have given to my son LEN HENLY SIMS a Negro girl named DELPHIA which said Negro girl I have since and do hereby give to my son JOHN SIMS instead of her I give and bequeath to my son LEN HENLY SIMS his heirs and assigns forever one other Negro girl named PHILLIS (to wit) the girl given by my said will to my daughter SARAH and instead of the said girl PHILLIS I will and bequeath to my daughter SARAH SIMS her heirs and assigns forever a Negro girl named PRISSEY.
Item it is further my will and desire that in case my beloved wife SARAH SIMS should happen to die before and in the lifetime of my sister SUSANNA SIMS, mentioned above in my Will then that my said sister SUSANNA shall have, as lent two of my Negroes, to be good working hands, during her natural life.
In Testimony whereof I have hereunto set my hand and affixed my seal this 16th day of February One thousand eight hundred and four.
Signed Sealed and published in presence of
Warren County November Court 1804
The above will and Codicil was proven in Open court by the oaths of JAMES BULLOCK AGNES BULLOCK, NANCY BULLOCK, RICHARD BULLOCK and WILLIAM SIMS and on motion is ordered to be Recorded.
JOS. SORRELL DCC
Estate of LEONARD SIMS-1805
An Inventory of the Estate of LEONARD SIMS, dec'd,
Taken 9th January 1805
|1. JACK||1. BESS|
|2. DICK||2. ALAS|
|3. FRANK||3. SYLVA|
|4. NED||4. LYDDA|
|5. TOM||5. SARAH|
|6. MATT||6. RACHEL|
|7. JOHN||7. MIMA|
|8. GEORGE||8. DELSEY|
|9. CAROLINE||9. HANNAH|
|10. HUMPHREY||10. BETTY|
|11. REUBIN||11. LUCY|
|12. SAMUEL||12. AMY|
|13. TONEY||13. AGGY|
|14. BEN||14. DOLL|
|15. JESSE||15. SILLER|
|16. LAWSON||16. PRISCA|
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