LIVERMON, THOMAS SENR.

State of North Carolina
Tyrrell County
Book 2, page 39
Dated 1808

In the name of God amen: I Thomas Livermon of the County of Tyrell and State aforesaid being in a low state of health of body but of perfect mind and memory do make and ordain this my last will and testament. First of all I give my soul in the hands of God that give it and my body to the earth and as touching such worldly estate as it hath pleased God to bless me with I give and dispose of in the following manner and form Viz:

I give unto my son Dempsey Livermon my home plantation with all the appertainances thereunto belonging all my juniper swamp called the creek swamp my ond horse and my negro man Andrew one of my negro girls his choice two cows and calves his choice one pair of new cart wheels one new cut saw one whet say with all carpenters tools. I give unto my sone Said Livermon and Thos. Livermon all my land in Hyde County my land at Kilkaley and my lots in the town of Columbia to be equally divided between them and their heirs.

I give unto my sons Isaac & Thomas Livermon all the residue of my estate that I may be possessed wit to be equally divided between them and their heirs forever.

Item - I give unto my sons and daughters William Livermon Feaby Livermon Justice Livermon Isaac Livermon Thomas Livermon and Dempsey Livermon all the residue of my estate to be equally divided among them and their heirs forever -- And should the aforesaid William B. Livermon Isaac Livermon Thomas Liverman die without heir then their part to be equally divided among the surviving persons and it is my will that Winey Sawyer shall have ten dollars per month wages during her stay amoung my family after my deceased with good behavior to be paid her by my executors.

This my last will and testament is in an ample manner as the signed in law could devise & & & And I do appoint my son in law Thomas Livermon and John A. Partrick my true and lawful executors this day of 1808.

Thomas Livermon (Seal)

Signed Sealed and Published
in the presence of us

John A. Partrick
Jos. White


Minutes
Tyrrell County Court of Pleas & Quarter Sessions


August Session 1808

Dempsey Liverman came into court and chose James Hoskins Esqr. his guardian who has entered into bond in the sum of two thousand pounds John Marriner Junr. and Jesse Alexander securities.

November Session 1808

Suggested by Dempsey Livermon by his next friend James Hoskins Esqr. that Thomas Livermon Senr. left a last will and testament.

November Term 1808. Thomas Livermon maketh oath that his chest was broken open by some person unknown to this deponent and the last will of Thomas Livermon deceased as he believes but does not know was taken out with other papers and there really was any such will he knows nothing of it or where it is. Thomas Livermon

November Term 1808. Justice B. Livermon being called upon to declare what he knows concerning the will of Thomas Livermon deceased maketh oath that he never knew there was any such will and has no knoledge of it whatever. Justice B. Livermon

It being suggested to this worshipful court by James Hoskins guardian to Dempsey Livermon that Thomas Livermon Senr. deceased on the {blank} day of {blank} leaving a last will and testament bearing date the {blank} day of {blank} that the same is lost or destroyed which will in substance is as follows viz:
State North Carolina
Tyrrell County
In the name of God Amen I Thomas Liverman of the county of Tyrrell & state of North Carolina being in a low state of health of body but of perfect sound mind & memory make and ordain this to be my last will and testament - -
First of all - - I give my soul into the hands of almighty God who gave & as touching wordly estate as it hath pleased God to bless me with I give & dispose of it in the following manner & form viz - -
Item - - I give and bequeath unto my son Dempsey Liverman my home plantation with all the appurtainences thereunto belonging - also one piece of juniper swamp called the Creek Swamp, my old horse and my negro man Andrew - one of my negro girls his choice - - two cows & calves his choice - - one pair of new cart wheels - -and new cross cut saw & whet saw with all my carpenter's tools
I give unto my son Isaac Livermon and Th omas Livermon all my land in this county - my land at Kilkenny and my lts in the town of Columbia to be equally divided between them and their heirs.
Item 3 -- I give unto my sons Isaac Livermon & Thos. Livermon all the residue of my lands that I may be possessed of to be equally divided between them and their heirs.
Item 4 -- I give unto my sons and daughter William B. Livermon and Feaby Liverman Justis Liverman Isaac Liverman Thomas Liverman and Dempsey Liverman all the residue of my estate to be equally divided amongst them and their heirs and should the aforesaid Wm. B. Liverman Isaac Liverman and Thos. Liverman die without heirs then their part to be equally divided amongst the surviving persons.
Item 5 - - And it is my will that Winney Sawyer shall have ten dollars per month wages during her stay in my family after my decease with good behavior to be paid her by my executors.
This my last will and testament in as ample a manner as the lerned in the law can devise and I do appoint my son in law Thos. Liverman and Jno. A. Patrick my true and lawfull executors.
This day of {blank} 1808
Signed sealed & published in presence of us - -
Jno. A. Patrick
Jos. White

Ordered that a jury be impanneled to try whether the abstract that is offered is a will or not.

Jno. A. Patrick came into court and requested all claim as executor to the last will and testament of Thomas Liverman Senr. deceased.

Jury impaneled and sworn to try the abstract of the last will of Thomas Livermon Senr. deceased which was proved by the oath of Jno. A. Patrick and Joseph White say it is a good last will and testament.

Thomas Livermon came into court and renounced his right as executor of the last will and testament of Thomas Livermon Senr. deceased.

Ordered that James Hoskins have leave of administration on the estate of Thomas Livermon Senr. deceased with the will inaxed and has given bond in the sum of seven thousand dollars John Patrick & Levi Bateman Esqr. his securities.

Ordered that James Hoskins administrator to the estate of Thomas Liverman Senr. deceased have leave to sell the perishable estate of said estate and make returns to next court.

February Session 1809

James Hoskins administrator to the estate of Thos. Liverman deceased returned into court the inventory of the estate of said deceased also an account of sales of said estate to amount of three hundred and sixty six pounds, fifteen shillings & 10 pence sold the 22nd day of November 1808 at the same time a second amount of sales sold the 16th day of January 1809 being the residue of said estate amount sixteen pounds, 19 shillings & 8 pence.

James Hoskins administrator to the estate of Thos. Liverman Senr. deceased returned into open court the account of sales of rent of land and hire of negroes to amount five pounds, six shillings & 3 pence after deducting the sum of eighteen pounds for expense of keeping negroes untill January 1810.

September Session 1809

In the petition of Isaac B. Livermon to the court for a division of the negroes of his father Thomas Livermon deceased William B. Livermon one of the heirs was suggested to be dead and the prayer of the petition is granted Jeremiah Wynne Timothy Jones & Charles Hoskins are appointed commissioners to divide the said negroes among the lawfull representatives & make return to next court.

December Session 1809

The division of the negroes of Thomas Livermon Senr. deceased was returned by Jeremiah Wynne Esqr.

Ordered that Justice B. Livermon be appointed guardian to Thomas Livermon orphan of Thomas Livermon Senr. deceased and has given bond in the sum of five hundred pounds Timothy Jones and Joseph Cohoon securities.

Ordered that the division of the negroes of Thomas Liverman Senr. be set aside as it appeared to this court to be contrary to law.

December Session 1810

Ordred that Thomas Johnston Charles Spruill and Benjamin Spruill or a majority of them audite settle & divide the estate of Thomas Livermon deceased with James Hoskins administrator of said deceased & make due return.

April Sesion 1811

Ordered that Charles Spruill Benjamin Spruill and John Haughton Esqr. be appointed to audite the accounts of James Hoskins administrator of the estate of Thos. Liverman deceased and make return to next court and divide said estate among the lawfull representatives of said deceased.

July Session 1811

The audited and settled account between James Hoskins administrator and the heirs of Thomas Livermon deceased and division of the property of said Thomas Livermon among his lawful representatives and find a balance of 417 pounds, 17 shillings & 3 pence divided among five heirs acct filed.

January Session 1812

Justice B. Liverman returned to court an account of sales of Thomas Liverman Junr. for letting out two negro children viz.
Negro Jack & Sall to Justice B. Liverman 11 pounds, 19 shillings & 6 pence
Ditto for one year 1st January 1811 to Ditto 12 pounds, 19 shillings & 6 pence
Ditto Ditto 1812 Ditto Do 15 pounds

April Session 1815

Ordered that the negroes belonging to the heirs of Thomas Liverman deceased be sold agreeable to law by his administrator and the money divided amongst his lawfull representatives and make return to next court.


North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.29), Box 29
Liverman, Thomas B., 1808


Bond dated 2 Aug 1808 in the amount of two thousand pounds appointing James Hoskins guardian to Dempsey Liverman orphan of Thomas Liverman Senr. deceased, John Marriner Junr. security.

Bond dated 9 Nov 1808 in the amount of four thousand pounds appointing James Hoskins administrator of the estate of Thomas Liverman Senr. deceased, Jno. A. Patrick & Levi Bateman securities.

Summons issued November Term 1808 for Thomas Liverman & Justice B. Liverman to appear in court to tell what they know about the lost will & testament of Thomas Liverman Senr. in a matter of controversy depending, and then and there to be tried, wherein Dempsey Liverman by his next friend James Hoskins Esqr. is plaintiff and Thomas Liverman & Justice B. Liverman are defendants. Petition February Term 1809 by Isaac B. Liverman stating that his father Thomas B. Liverman died in May 1808 leaving a number of negroes and leaving the following persons heirs Justus B. Liverman Thomas B. Liverman Dempsey B. Liverman Isaac B. Liverman William B. Liverman & Thomas B. Liverman. Petitioner prays a division of said negroes, now in the hands of James Hoskins administrator. Petition was amended by the court by adding William & Thomas B. Liverman as heirs.

Summons issued 29 Jun 1809 for James Hoskins administrator of Thomas Liverman dceased to appear at the next court and answer unto Justice B. Liverman of a plea of trespass upon the case (?) to his damage two hundred pounds currency.

Division of the negroes belonging to the estate of Thomas Liverman deceased ordered at September Term 1809. Also includes the division of William B. Liverman's part of the said negroes among the lawful representatives.
Thomas Liverman Senr. gets negroe Easter valued at $300.
Jestes Liverman gets negroe Cloe valued at $225.
Isaac Liverman gets negroes Aggy & Tom valued at $210.
Thomas Liverman Junr. gets negroes Jack & Sarah valued at $275.
Demcy Liverman gets negroe Jick (?) valued at $200.
Total valuation is $1210.
Thomas Liverman Senr. owes to Demcy Liverman $42 and owes to Jestes Liverman $16.
Thomas Liverman Junr. owes to Jestes Liverman $1 and owes to Isaac Liverman $32.
Returned at December Term 1809 and set aside by the court.

Summons issued 2 Oct 1809 to the Sheriff of Chowan County for Abner Nash Vail to appear at the next court and testify in behalf of Justice B. Liverman in a matter of controversy in said court depending, in which Justice B. Liverman is plaintiff and James Hoskins administrator of Thomas Liverman deceased is defendant.

Summons issued 17 Nov 1809 by the coroner for John A. Patrick & Charles Hoskins to appear at the next court and testify in behalf of Justice B. Liverman in a matter of controversy in said court depending, in which Justice B. Liverman is plaintiff and Thomas Liverman's administrator is defendant.

Bond dated 27 December 1809 in the amount of five hundred pounds appointing Justice B. Liverman guardian to Thomas Liverman orphan of Thomas Liverman Senr., Timothy Jones & Joseph Cohoon securities.

Execution issued 10 Apr 1810 against the estate of Thomas Liverman Senr. deceased for one hundred and forty pounds which Justice B. Liverman lately recovered against the administrator of Thomas Liverman Senr. for debt, plus costs and charges in said suit.

Execution issued 22 Jun 1812 against the goods and chattels, lands and tenements of Justice B. Liverman Thomas Liverman Dempsey Liverman William B. Liverman Thomas Liverman Esq. & Isaac Liverman heirs of Thomas Liverman deceased for eight pounds, seventen shillings and nine pence which was adjudged by the court for costs and charges which accrued on the petition and division of the personal estate of Thomas Liverman deceased.


Transcriber's Notes:
The above estate papers were copied from the microfilm copy of the 1818 estate papers of Thomas Liverman. They are appended to them with no dividing mark of any kind. Without examining the 1808 file in the North Carolina Archives, it is impossible to know if all the estate papers have been included here. Because the estate files on Family Search and Ancestry come from microfilm, you will not find an estate file for Thomas B. Liverman in 1808 in either.
Tyrrell County marriage bonds show the marriage of Phebea Liverman to Thomas Liverman Jr. on 5 Feb 1797, Thomas Liverman Sr. security; also Dempsey Liverman to Sarah Liverman on 11 Jan 1813, Timothy Jones security; also Isaac Liverman to Elizabeth Mason on 1 Jul 1812, Silby Patrick security.


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Updated June 30, 2020
Gordon L. Basnight