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Division of the Slaves of JOSEPH J. ALSTON,
dec'd-1834
Franklin County Wills & Inventories, 1834-1838
Volume K, Page 122 June Court 1837
State of North Carolina
Franklin County
Court of Pleas & Quarter Sessions, December Term 1836
To the Worshipful, the Justices of the Court aforesaid. The Petition
of LOUISA D. ALSTON & SARAH JOSEPH ALSTON by her guardian RICHARD
NOBLE & next friend respectfully represents that JOSEPH J. ALSTON
the husband of your Petitioner LOUISA D. & father of your petitioner
SARAH JOSEPH departed this life in the year 1834 in the State of
Tennessee having first made & published his last will and testament
in writing a copy of which is hereto annexed and prayed to be take
as part of the Petition, which we duly admitted to probate in
Tennessee there being no Executor named in said Will administration
on Testament annexed was granted to RUFFIN SMITH. Your petitioners
further shew that the Estate of the said JOSEPH J. ALSTON has been
settled by the said RUFFIN SMITH and the Slaves owned by him
amounting in number to about have been delivered over to be divided
according to the directions of the Will aforesaid, and are now held
by your Petitioner as in common, that it is highly important that
the same should be now divided and the share of each specially set
apart. Your Petitioners therefore pray that five commissioners may
be appointed to divide the said Slaves according to the will
aforesaid, that is to say on equal portions between your
Petitioners, and that said commissioners may report said division
and allotment to the next Term of this Court and your Petitioners &c
WILL. PLUMMER
for Petitioners
At December Session aforesaid
Prayer granted
Whereupon it is ordered by the Court that SMITH PATTERSON, RICHARD
F. YARBROUGH, NICHOLAS B. MASSENBURG, WILLIAM P. WILLIAMS, & DAVID
M. LEWIS, or any three of them be appointed commissioners to divide
the Slaves mentioned in the within Petition according to the prays
thereof and report their proceedings to the next Term of this Court.
Test
S. PATTERSON, Clk
State of North Carolina
Franklin County
In obedience to the annexed order, we the undersigned commissioners
met in the Town of Louisburg on the 31st Dec'r 1836 and after being
duly qualified proceeded to value the Slaves of JOSEPH J. ALSTON,
dec'd, being twenty nine in number, which valuation amounted to
Fifteen Thousand Seven Hundred & Sixty five Dollars. We then
proceeded to divide said Negroes by drawn lots, in which we allot to
MRS. LOUISA D. ALSTON the following Negroes, Viz
PRISCILLA, PINKEY, TEMPERANCE, FILL, TENNESSEE, CHARLES, MAT,
LEACY, ELLEN, LUCY, JOE, CHINA, BOB & REBECCA, at a valuation of
Seven Thousand Eight Hundred & Fifty Dollars. We also allot to SARAH
JOSEPH ALSTON the following, viz
RACHEL, BILLY, ANN, ISAAC, ELIZABETH, HARNY, REDDICK, FANNY,
JOHN, NED, JACOB, LURRENA, HAGAR, FOREMAN, & MARY, which in
value at Seen Thousand Nine Hundred & Twenty five Dollars in which
said division the Guardian of SARAH JOSEPH ALSTON is to pay to
LOUISA D. ALSTON Forty two 5/100 Dollars all of which is
respectfully submitted.
WM. P. WILLIAMS
RICH'D F. YARBROUGH
DAN LEWIS
Sworn to and subscribed before me
Mar 6 1837
THO'S D. WRIGHT, JP
test S. PATTERSON Clk
(Copy of Will not included. Documents don't say where in
Tennessee Joseph J. Alston died, but Ruffin Smith was a resident of
Tipton Co, TN, which may have also been where Joseph died. DW)
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Will of ANN DUNN- 1843
Franklin County Wills & Inventories 1844-1848
Volume M, Page 18 Sept Court 1845
In the name of God Amen I ANN DUNN of the County of Franklin & State
of North Carolina beign of sound and disposing mind (blessed be God)
do this ninth day of September in the year of our Lord One Thousand
Eight hundred and forty three make ordain, publish and declare this
my last will and testament revoking all others, in manner & knowing
that it is to say First I wish all my just debts to be paid
Secondly after paying my debts I give and bequeath the whole of the
residue of my Estate to EDWARD A. CRUDUP to him and his heirs
forever.
And thirdly I hereby appoint and ordain my friend JOSIAH CRUDUP
Executor to this my last will and testament.
Signed, Seaed published & declared in presnec of us who are present
at the time of signing & sealing thereof.
ANN DUNN ("X" her mark)
Witness
WILLIAM T. SPIVEY
ARCH'D D. CRUDUP
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List of Slaves WILLIAM FOSTER- 1844
Franklin County Wills & Inventories 1844-1848
Volume M, Page 19 An account of the hire of
the Negroes belonging to the Estate of WM. FOSTER dec'd by the
administrator
January 1st 1844
ABRAM - John E. Twitty
HARRY - "
BEN - "
PENNY - "
PETER - John C. Gardiner
SHARPER - John E. Twitty
DANIEL - Mary E. Foster
CHARLES - Benjamin Jones
ROBERT - John E. Twitty
NILA ANN- Mary E. Foster
SALLY - "
FREDERICK- John D. Hawkins Jr.
MOSES - Simon Williams
COOPER - James Harris
SENECA - Dr. Thos. Davis
THOMAS - "
JOHN (DUNCAN)- Young Patterson
JOHN - Benjamin Jones
LEWIS - Guilford Lewis
WASHINGTON - C. P. Aken
SARAH - Benjamin Jones
MARIAH & Boy - N.P. Carson
NANCY & 2 Children - P. Hawkins
LUCY (Robertson)- Thos. A. Aken
HARRIET - JOHN H. Whitfield
EASTHER - H. N. Jackson
SERPIO - Sherwood Sledge
GIBBON - D. Cotrell
CAESAR - Presley Rooker
MOSES - J.T.C. Wyat
RACHEL & Child - "
LUCY - "
GINNEY & 4 Children - Mary E. Foster
BOB - William Jackson
(Note: There is a 568 Page Estate file among the Franklin Co.
Estates on FamilySearch.)
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Will of JOHN GUPTON-1844
Franklin County, Wills & Inventories 1844-1848
Volume M, Pages 9 & 10 In the name of God
Amen I JOHN GUPTON Senr of the County of Franklin and State of North
Carolina in sound mind and perfect understanding do on this 16th day
of August in the year of our Lord one Thousand Eight hundred and
forty four do constitute and make this my last will and testament to
wit as follows
Item the first I give unto my loving wife NANCY GUPTON and my two
daughters BURCHET and CATHRINE GUPTON all my lands and Plantation
whereon I now live during their single life and when they are done
with it it is my wish and desire that my grandson NORFLET GUPTON
shall have the above named lands and tenements as his in fee simple
Item the second I give also all my household and kitchen furniture
of every description to my wife and two daughters to do a they may
see fit with the exception of one to ELIJAH GUPTON my son it is als
my desire the oxen and cart stay here on the plantation for the use
first of my wife and daughters and also my boys to have them
occasionally and it si also my wish and desire that all my
plantation utensils together with all my stock of cattle hogs and
sheep be kept here for the use of my wife and two daughters as above
and the mare is CATHRINES already it is my desire that at their
death that all shall be sold and equally divided between my four
sons NIMROD, WARREN, LIGE and JOHN
Itm 3d I give unto my four above named sons five dollars each to be
raised out of my money or notes or other ways as suits best and I
appoint my son JOHN GUPTON Junr together with my cousin ROBERT
GUPTON Snr. my Executors to this my last will and testament in
witness whereof I hereunto set my name on this day as above written.
JOHN GUPTON SNR. ("x" his mark)
Acknowledged in the presence of us
J. J. THOMAS
B W LEONARD
JOHN B. GUPTON
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Will of CRAWFORD KEARNEY-1843
Franklin County Wills & Inventories 1844-1848
Volume M, Page 22 In the name of God Amen I
CRAWFORD KEARNEY of Franklin County and State of North Carolina
being of sound and perfect mind and memory (blessed be God) do this
29th day of April in the year of our Lord 1832 make and publish this
my last Will and testament in manner following that is to say
1st I lend to my loving wife NANCY KEARNEY those Negroes named
FANNY, BARTLETA and SANDERS, one man, one fourth of my stock of all
kinds, my dwelling house and one third my land attached to it and a
her death to be equally divide between MARY LEVISTER, SHEMUEL
KEARNEY, RICHARD KEARNEY, BETSY SANDLING, HENRY KEARNEY, KINCHEN
KEARNEY, CRAWFORD KEARNEY, GEORGE KEARNEY.
2d I give HENRY KEARNEY five hundred dollars to be raised out of my
Estate for services rendered me and the balance of my Estate I leave
to be equally divided among MARY LEVISTER, SHEMUEL KEARNEY, RICHARD
KEARNEY, BETSY SANDLING, HENRY KEARNEY, KINCHEN KEARNEY, CRAWFORD
KEARNEY and GEORGE KEARNEY and I hereby make and ordain my two sons
RICHARD KEARNEY and HENRY KEARNEY Executors of this my last Will and
Testament. In witness whereof I the said CRAWFORD KEARNEY have to
this my last Will and Testament set my hand and seal the day and
date above written.
CRAFFORD KEARNEY[sic]
In the presence of
SAMUEL JOYNER
JOS. KEARNEY
WILLIAM MOORE
Whereas I CRAFFORD KEARNEY have made my last will and testament in
writing bearing date the 29th day of April A.D. 1832 and having
thereby made sundry devisees and bequests according to the then
existing circumstances of my Estate but which circumstances having
now materially changed I do by this my writing which I hereby
declare to be a codicil to my said will to be taken and construed as
a part thereof will and direct that the devise to my two daughters
MARY LEVISTER and BETSY SANDLING is hereby revoked and I do hereby
give and devise to the children of my daughter MARY LEVISTER that
portion of my property which was devised to her by my said Will
which said property I desire to be kept in the hands of my Executors
and managed to the best advantage for the support and benefit of my
said daughters children until the youngest arrives at the age of
twenty one years or marries an then to be equally divided amongst
them all.
And I do hereby give and devise to the children of my daughter BETSY
SANDLING that portion of my property which was devised to hr by my
said Will which said property I desire and will to be kept in the
hands of my Executors and managed to the best advantage for the
suport and benefit of y said daughter and children during the
lifetime of my daughter or should she die before the youngest child
arrives to the age of twenty one years to be kept by my Ex'r until
the youngest arrives to that age and then to be equally divided
amongst them all.
In testimony whereof I here unto set my hand and seal this 24th day
of July 1843.
CRAFFORD KEARNEY ("X" his mark)
Signed, sealed, published and declared by the said CRAFFORD KEARNEY
to be a codicil or part of his last will and testament in presence
of us who at his request in his presence do subscribe our names as
witnesses
W. H. JOYNER
WILLIS DICKERSON
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Estate of GREEN PERRY -1848
Franklin County, North Carolina Know all
men by these Presents, That we JOSHUA PERRY principal and JOSEPH A.
WHITAKER and SAMUEL PERRY
all of Franklin County, in the State aforesaid, are held and firmly
bound unto the State of North Carolina aforesaid, in the sum of
Thirty thousand dollars current money, to be paid to the said State
of North Carolina in trust, for the benefit of the child hereafter
named, committed to the tuition & guardianship of the said JOHN
PERRY 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 the 13th day of December, in the
year of our Lord 1848.
The condition of the above Obligation is such, That whereas the
above bounden JOSHUA PERRY is constituted and appointed Guardian to
GREEN PERRY Minor Orphan; now if the said JOSHUA PERRY shall
faithfully execute his Guardianship, by securing and improving all
the estate of the said GREEN PERRY that shall come into his
possession for the benefit of the said GREEN PERRY 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 GREEN PERRY of all such estate or estate as he ought to be
possessed of, or to such other persons 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.
JOSHUA PERRY
JOS. A. WHITAKER
SAM'L PERRY
Witness
Y. PATTERSON
Pursuant to an order of the Court of Pleas & Quarter Sessions March
Term 1852. We the undersigned have proceeded to examine the acct's
of JOSHUA PERRY Administrator of the late GREEN PERRY dec'd and find
them all correct. And further recommend he be allowed five percent
commissions on receipts, and disbursements all of which respectfully
submitted to your Worships.
Given under our hands & seals this the 15th day of June 1852.
JOS. A. WHITAKER
L. B. MITCHELL
An Inventory of Property belonging to GREEN PERRY
2500 acres land
21 Slaves:
1. JOHN
2. ADAM
3. JERRY
4. DARBY
5. WARREN
6. JOE
7. LEVY
8. VAN
9. MATTHEW
10.GID
11.WILLIE
12.GREEN
13.JOHN
14.CLARY
15.MARIAH
16.POLLY
17.CATE
18.ABBY
19.LEASY
20.DINAH
21.CHARLES
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Will of JEREMIAH PERRY-1846
Franklin County Wills & Inventories 1844-1848
Volume M, Page 122-124 In the name of God
Amen.
I JEREMIAH PERRY of the county of Franklin and State of North
Carolina being of sound mind and disposing memory but considering
the uncertainty of my earthly existence do make this my last Will
and testament in manner and form following (that is to say) I give
and bequeath unto my Executors and the survivors of them and the
Executors or Administrators of the survivors the following property
(to wit)
One Negro man named SIMON and his wife SYLVIA, one
Negro man named MARK, one Negro man named MATTHEW and
one Negro man named GUY. One Negro woman named JUDAH
and her child STEPHEN, one Negro girl named SARAH, one
Negro woman named MILLY and her three children (to wit)
LUCINDA, GEORGE, and SIMON, one Negro woman named CATHARINE and
her child MARIA and one Negro girl named PENINA
together with their increase. And should my Executors at any time
conceive that the interest of my daughter ELIZABETH R. HAYWOOD wife
of Doct. SAMUEL R. HAYWOOD would be provided by the sale of either
or all of the aforementioned Negroes they are hereby empowered to do
so and the money thence arising to be applied to her separate use in
any manner that may to their sum best also one eighth part of the
money arising from the sale of my household and kitchen furniture
also four hundred and Ninety seven acres of land to be take off the
western side of the tract of land upon which PRESLEY P. PERRY now
lives the line to be run as to include the settlement called the
BOWERS place. All in trust for the sole and separate use of my
daughter ELIZABETH R. HAYWOOD wife of Dr. SAMUEL R. HAYWOOD during
the time she shall remain married to her said husband without the
said property being in any manner subject to the contract or
disposal of her said husband or in any way subject to his debts and
if my said daughter ELIZABETH R. HAYWOOD should survive her said
husband then and in that case I give the above mentioned property
absolutely to her and her heirs forever. But if my said daughter
ELIZABETH R. HAYWOOD should die during the lifetime of her said
husband then my will and desire is that the above mentioned property
together with the Eighth part of the money arising from the sale of
my household and kitchen furniture should be eqully divided between
all her children living and if any of her children should die in the
lifetime of their mother and before she obtains an absolute right by
the death of her husband leaving a child or children that such child
or children be entitled to thei deceased parents share. I give and
bequeath to my daughter MARY PERRY wife of HENRY W. PERRY the
following property (to wit) one Negro man named SAM, one Negro man
named ISHAM, and his wife PATTY and their six children
namely WILLIS, AMY, VIRGIL, JULIA, PETER and BURRELL. Also
one Negro man named GUILFORD and his wife MINNY and
their three children, to wit, EPHRAIM, PAUL and MARSHA,
together with MARSHA's child named NORA, also one Negro woman
named RHODA and all their increase, also my pleasure carriage
and harness to her an her heirs forever. My will and desire is that
the following Negro property be put in Lots as follows(to wit)
1st Lot two Negroes viz ROSE and her son GEORGE
2nd Lot SHADRAC, HANNAH and HENDERSON
3rd Lot AARON, ROSETTA and JORDAN
4th Lot AUSTIN, WINNY and two of their children (to wit)
MOURNING and HILLIARD.
5th Lot REUBEN and LILLY
6th Lot DRED and CHERRY and
7th Lot SPENCER, LITTLE GUILFORD, CAROLINE and her child
MILLY to be drawn for by my seven children to wit ALLEN C.
PERRY, CYNTHA HARGROVE, LEVIN PERRY, PRESLEY P. PERRY, SARAH L.
GODWIN, MARY PERRY and JOSHUA PERRY being previously valued by a
majority of them and that each one have the lot so drawn by paying
over or receiving so as to make the lots equal. It is also my will
and desire that my Executors sell all my estate of every nature and
description land included not herein disposed of and the money
arising from the sale thereof together with all money that may coe
unto their hands from debts due and owing to me or from any other
source after discharging the debts which I owe and making up to my
son JOSHUA PERRY the sum of Four thousand dollars including the sum
of Two thousand and thirty dollars whic he received from HENRY W.
PERRY for the sale of land and also Four hundred dollars whih he
received of CALVIN JONES of Tennessee. These it is my will and
desire that all the money remaining in the hands of my Executors be
equally divided between my seven children (to wit) ALLEN C. PERRY,
CYNTHA HARGROVE, LEVIN PERRY, PRESLEY P. PERRY, SARAH L. GODWIN,
MARY PERRY and JOSHUA PERRY to them and their heirs forever.
I further give and bequeath to my son LEVIN PERRY, my old man TOM
and woman UNY. I further give and bequeath to my son JOSHUA
PERRY my silver patent lever watch. And I do hereby constitute and
appoint my four sons ALLEN C. PERRY, LEVIN PERRY, PRESLEY P. PERRY
and JOSHUA PERRY Executor of this my last Will and Testament hereby
disannulling and revoking all former wills by me made and publishing
and declaring this my last Will and testament. In testimony whereof
I have set my hand and seal this 10th of September A.D. 1846.
J. PERRY
Witness
WILLIE PERRY
JAMES S. YARBROUGH
EDWARD A. CRUDUP
Court of Pleas & Quarter Sessions, Dec'r Term 1846
The execution of the foregoing will is duly proven in Open Court by
the oaths of WILLIE PERRY and JAMES S. YARBROUGH two of the
subscribing witnesses thereto and on motion ordered to be recorded &
filed.
attest
Y. PATTERSON CCC
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Will of JOHN PERRY (Flat)-1829
Franklin County Wills & Inventories 1828-1834
Volume J, Page 24 State of North Carolina,
Franklin County
In the Name of God Amen. I JOHN PERRY, flat, of the County and State
above written, being in sound mind and disposing memory do make this
my last Will and Testament.
First. I will and bequeath unto my worthy friend MATTHEW STRICKLAND,
his heirs and assigns the following property or tract for the use
and benefit of my daughter ELIZABETH the tract of land whereon she
now lives, on Negro woman named CLARISSA & her three
children, to wit, TONY, ADAM BRIGIT and their future increase
after the death of daughter ELIZABETH it is my wish and desire that
the above property be equally divided between all my daughters
children except JOHN P. COOK.
The balance of my property I lend to my wife during her life. After
her death I will and bequeath unto my grand son JOHN P. COOK the
tract of land I now live on and one Negro man named ORANGE to
him his heirs & assigns forever.
The balance of my property after the death of my wife POLLY to be
equally divided among all the children of my daughter ELIZABETH
except JOHN P. COOK to whom I have given a special legacy above. I
hereby make and ordain my worthy friend MATTHEW STRICKLAND Executor
to this my last Will and Testament. In witness whereof I have
hereunto set my hand and seal this twenty seventh of November
eighteen Hundred and twenty eight.
JOHN PERRY
Witness
WILLIE PERRY
G. BRIDGES
Franklin County March Session 1829
I hereby certify that the foregoing Will was exhibited in Open Court
for probate and the execution thereof duly proven by the oath of
WILLIE PERRY one of the subscribing witnesses thereto and was on
motion ordered to be recorded and filed.
Test
S. PATTERSON, Clk
===========
Estate of John Perry (1829)
The Bill of Complain of SAMUEL HARRIS and WILLIAM JEFFREYS
Against
THOMAS R. SIMPSON of Alamance County
BENJAMIN COOKE [and wife ELIZABETH---Crossed out]
MATTHEW STRICKLAND, and EMILY COOKE
of the County of Franklin --Defendants
To the Honorable the Judge in Equity for Franklin County
Humbly complaining shew unto your Honor SAMUEL HARRIS & WILLIAM
JEFFREYS of the County of Franklin that about the year 1829 one JOHN
PERRY of the County of Franklin died leaving a last will and
testament which in the same year was duly admitted to probate in the
Court of Pleas & Quarter Sessions of said County, the defendant
MATTHEW STRICKLAND being the Executor nominated by the said
testator. In and by the Will the testator among other things
bequeathed to the defendant STRICKLAND three slaves, namely
KANSAS and her children TONEY, BRIGET and ADAM and all
their future increase to be held in trust for the use and benefit of
his daughter ELIZABETH then the wife of the defendant BENJAMIN COOKE
during her life, and after her deah gave them to the children of his
said daughter, except JOHN P. COOKE. After the death of the
testator, if not from the soon very time of his death, said slaves
were allowed to remain in the possession of the said BENJAMIN COOKE
and his wife where they have continued ever since except as
hereinafter stated.
About the year_____ HELLEN a daughter of the said ELIZABETH
intermarried with one JOHN ODOM who becoming indebted to the firm of
Samuel Harris & Co. of the County of Frankln, composed of your
orator, conveyed all his right and interest obtained by his marriage
to one WILLIAM A. JEFFREYS in hurt to pay said debt amounting then
to upwards of three hundred and fifty seven dollars. And the said
WILLIAM A. dying soon thereafter his administrator one JAMES G.
JEFFREYS upon whom the right devolved sold the right and interest of
the said ODOM in said slaves and the same was bought by your orators
at a price which did not pay the sum secured. At the time of the
sale by the said JAMES G. in 1846 the slaves were seven in number,
namely CLARISSA, BRIGET, ADAM, CHARLOTTE, SUSAN OR LOUSANA, ALLEN
and LOUIS - KANSAS having died.
On the 18th day of September 1850 one WILLIAM C. COOKE another child
of the said ELIZABETH conveyed by deed all his interest in the
slaves bequeathed to one DANIEL BOON in trust to secure the firm of
Simpson and Hurdle, composed of one _____ HURDLE and the defendant
THOMAS R. SIMPSON, a debt of her hundred and thirty five dollars and
forty cents and the debts of one MUMFORD PEPPIN & W. T. BRASFIELD
the slaves were then ten in number and the children born since the
conveyance to gave orators were ORANGE, NELSON and LUCY. Very
soon after the execution of this deed an arrangement was made by the
said WILLIAM C. COOKE to pay off the debts mentioned in the deed as
he wished to sell his entire interest in said slaves; and on the
11th day of the same month & year your orator SAMUEL HARRIS at his
request discharged the debt of Simpson & Hurdle by giving his own
bond to Simpson & Hurdle for the amount due them and executing his
bond after deducting certain debts due your orator & said PEPPIN for
the residue of the price to said WILLIAM C. COOKE, which was
attested by said SIMPSON and, in a few day after payment of twenty
five dollars to said COOKE, was endorsed to said SIMPSON who
afterwards in November 1850 & February 1851 was paid the entire
amount. The debt due BEDDINGFIELD was soon after also paid to him.
At the time of the transaction, an endorsement was made on the deed
of trust that the same was paid in full by said COOK and signed by
the trustee and the said Simpson & Hurdle; and thereupon the said
WILLIAM C. COOKE executed & gave orator SAMUEL HARRIS a conveyance
of all his interest in said slaves, and shortly therafter removed to
another State. The number of slaves is now sixteen and being elapsed
into families they are CHARLOTTE and her children, NELSON,
ALVIN and JOSEPH. BRIGET and her children, ORANGE, LUCY JANE,
PEYTON & CHARLES. CLARISSA and her children SUSAN or LUSANA,
ADAM, LOUIS & ALLEN and two children of SUSAN, WALTER, &
PATTY. Said SUSAN or LOUSANA being about 22 years of age
and her children being infants, the elder about three years, and the
younger about 18 months old.
Your orator further shew unto your honor that the said ELIZABETH is
now about seventy five years of age, and besides her children
aforenamed there is but one more, namely the defendant EMILY, who
resides with her parents and is of full age.
During the years 1850 & 1851 the defendant SIMPSON kept the store of
Simpson & Hurdle in the vicinity of the slaves and well understood
what were the interests of your orators and in what manner they
claimed. He was appraised of the several conveyances and sales
herein before set forth and knew that the defendant BENJAMIN COOKE
owned but an estate for the life of his wife in said slaves.
Nevertheless the said defendants BENJAMIN COOKE and THOMAS R.
SIMPSON have combined and confederated together to cheat & defraud
your orators of their right and interests in said slaves. And to
this end sometime before the 10th of March 1857 the defendant
SIMPSON clandestinely agreed with the defendant BENJAMIN COOKE to
buy of him (of the said slaves), Slaves SUSAN or LOUSANA &
her children WALTER and PATTY, at the price, as they are
informed and believe & do charge of six hundred dollars or
thereabouts and carried the scheme into effect by having said slaves
delivered to said SIMPSON about the 10th of March 1857 who took them
as your orators are informed and believe, to his place of abode in
the County of Alamance where they are now. Your orators are informed
and believe and do so charge the fact that the sum of $500 was paid
in cash , thirty five dollars in the bond of said SIMPSON and the
residue in a debt due by said COOKE to said Simpson & Hurdle.
They are informed and believe that in the beginning of the year the
defendant COOKE had put the said slaves with one MINTON C. PERRY of
Franklin to be kept for the year without hire, and at the cost of
$25 that when the defendant SIMPSON went to the house of said PERRY
to close the trade about the slaves the defendant COOKE before he
admitted that their was any sale stated to PERRY that he had hired
them to aid SIMPSON for a good price & requested him to surrender,
which he did. And after doing so the parties then admitted there was
an absolute sale of the slaves. And your orators do charge that the
purpose and intent of the said COOKE was to sell said slaves in
absolute estate and that it was the purpose and intent of said
SIMPSON to claim after sale an absolute estate in them in the same
manner as if he was the sole owner of them. They are informed and
believe that the said SIMPSON now claims the absolute estate in them
and avows his right to sell them in absolute estate wherever, in or
out of the estate, & to whomsoever he may choose and has on one
occasion declared that he had sold them at the price of $1200. Your
orators have received intelligence from a reliable source, in the
immediate neighborhood of the abode of said SIMPSON that his purpose
is to remove the slaves and sell them out of the State, and they
fully believe it & moreover do charge it to be the purpose of said
SIMPSON to place the slaves beyond the reach of your orators,
because they are well apeased from the kind & condition of the
property that the mere life estate therein during the residue of the
life of said ELIZABETH, now about the age of seventy five years
cannot be profitable to the owner for that time but must on the
contrary be expensive inasmuch as the slaves consist of a young
woman having two infant children and likely to have many more, none
of whom in all probability will be able to work during the life of
said ELIZABETH.
From these circumstances your orators do charge that it is the
purpose of said SIMPSON to remove said slaves out of the State and
sell them in parts which shall be unknown to your orators or if
known be so remote as to put them to great trouble & expense to
pursue and regain their interests in them, and if necessary to
accomplish his purpose to remove himself whereby not only the
present value of thier interests in said slaves may be lost, but
their right to have their shares in the children of said mother
which may & likely will be born during the residue of the life
estate of the deft COOKE.
And your orators, from the conduct herein before stated of the deft.
COOKE, have reason to fear and they do fear, and do charge it to be
the purpose of said COOKE, that he will sell others of the said
slaves and cause them to be removed out of the State in order to
defraud your orators of their interests in said slaves; and as any
additional proofs of such intent & purpose, your orators say that
they are informed by one NATHANIEL HAWKINS, and they believe it to
be true, that the defendant and his wife ELIZABETH and the defendant
HELLEN in the latter part of the year 1856 offered to sell him in
absolute estate said slaves LOUSANNA and her children at
about $1000 without making known your orators title. And that before
that time in the same year one WILLIAM PACE of the county was
solicited by said BENJ. COOKE to be employed to run all the said
slaves privately out of the state and sell them.
Your orators believe and so charge that the present value of the
entire estate in said slaves is $9225 and the value of each slave is
as follows.
CLARISSA......$400...aged about fifty years
ADAM.....aged 32 years...worth $900
BURCHET..aged 26 years...worth 900
CHARLOTTE...aged 24 years...worth 900
ALLAN...aged 19 years...worth 150...weak mind
LEWIS...aged 16 years...worth 1000
ORANGE...aged 10 years...worth 600
LUCY JANE...aged 7 years...worth 500
PEYTON...aged 5 years...worth 400
CHARLES...aged 3 years...worth 375
NELSON...aged 10 years...worth 700
ALVIN...aged 6 years...worth 500
JOSEPH...aged 4 years...worth 400
LUSANA's Children, WALTER & PATTY...500
The petition goes on for several more pages, was sworn to and
subscribed on the 9th day of April 1857, before THOMAS K. THOMAS,
CME
The response:
Upon reading the bill it is ordered the Master of the Court on the
Plaintiff entering into bond with good security in the penal sum of
$500 conditioned for the prosecution of the suit and also to
indemnify the defendants COOKE and SIMPSON each of them against all
loss unjustly accruing to them or either of them by reason of the
proceedings against them in this case, upon a writ of injunction to
the said COOKE enjoining and forbidding him from removing or
consenting or allowing to be removed out of the State any of the
Slaves mentioned in the bill; and also commanding the sheriff of
Franklin County to take into his possession all said slaves except
SUSAN or LOUSANA and her children PATTY & WALTER and
hire them out from court to court taking bond with security for
their hire & forthcoming whenever demanded by hire or by order of
the Court, unless the said COOKE or some other person for him within
five days after service of the injunction shall give bond with good
security in the penal sum of twelve thousand dollars for the
forthcoming of the slaves whenever the same may be ordered by the
Court; and that the Master issue a like injunction to the defendant
SIMPSON as to the slaves SUSAN or LOUSANA and her children
PATTY and WALTER; And also commanding the sheriff of Alamance to
take said slaves into his possession and keep them or deliver them
to the plaintiffs on their giving bond with good security for their
forthcoming whenever ordered by the Court, in fifteen hundred
dollars, unless the said SIMPSON will give bond with good security
in the sum of fifteen hundred dollars for the forthcoming of said
slaves to abide such further order respecting them as the Court may
make.
Given by me at Franklin this 10th day of April 1857.
Witness my signature
M. E. MANLY Judge
SAMUEL HARRIS & WM JEFFREYS
V
BENJAMIN COOKE & OTHERS
The Plaintiffs make known to the Court that the matters in dispute
have been compromised and settled. And that by the terms of said
compromise the plaintiffs are to pay one half the costs and the
defendant THOMAS R. SIMPSON the other half. Wherefore it is decreed
accordingly and the bill is dismissed without prejudice & means. The
Slaves sequestered and delivered & the proper papers and the bonds
for them forthcoming are vacated. Costs of deft. to be paid by JOHN
NELAND & ordered to be annulled.
SAUNDERS
Judge
Fall Term 1857
(Note the
evolution of some of the Slave names, particularly Susan/Lousana and
Brigit/Burchet, which shows that there was uncertainty of the names
even during their own times. DW)
--------------------------------
Will of JOHN PERRY (Thicket)-1830
Franklin County Wills & Inventories 1828-1834
Volume J, Pages 99-100 In the name of God
Amen. I JOHN PERRY being of good mind to the Sixth day of April
Eighteen Hundred and thirty make & ordain this my last Will &
testament hereby revoking all others.
I wish the whole of my Estate as it now stands to remain on my
Plantation in the possession of my Executors & un??? entire contract
to be managed by them for the term of two years and the will
proceeds arising for the sale of crops & other things. I wish to go
to the discharging of all my debts and should there not be a
sufficiency to pay all such debts I wish my Executors to sell such
of my property as they may deem or shall not hereafter be disposed o
to discharge the same discretionary with them as to the remainder of
labor & should there be a surplus I wish all such surplus to be
equally divided between my sons BURWELL, THOMAS and JAMES and after
the expiration of sd two years I wish my property to be equally
divided as follows.
I give and bequeath unto my Wife ELIZABETH the following property,
Negroes, YELLOW BECK, PEG Jun'rs child SOPHIA, JACK, SIMON,
TUCKER, LYDIA, ALSEY, LEWIS, VICY & SEASAR and all increase, the
whole of my household and kitchen furniture, Eight cows & calves,
two horses her choice one yoke of oxen, yoke & cart three sows &
pigs, fourteen head of sheep, three plow hoes, four weeding hoes,
for grubbing hoes, three axes, 2 plows & gear, all of the above
articles she will take choice to her & her heirs forever.
I loan to my Wife ELIZABETH during her natural life Four Hundred
acres of land, to be laid off as she may prefer to include my
dwelling house and not to go to the East of the Stage Road also one
carriage & gear, one gigg & harness and after the death of my sd
wife I give and bequeath the above Land loaned to my wife and all
appurtenances to my son BURWELL to him and his heirs forever and the
above loaned carriage after the death of my said wife I give to my
daughter MOURNING to her & her heirs forever.
I give & bequeath unto my daughter TEMPERANCE BATTLE, Negroes
GEORGE, ANICA, JIM, DECY, & her children & all increase, two
head of horses, two beds & furniture, all of which property is now
in her possession to her and her heirs forever.
I give unto my daughter MARTHA BONNER, Negroes, LEWIS, CHAINA,
GABRIEL, WILLIAM TURNER, & BEN & all increase, one yoke of oxen,
two cows, & calves, two beds & furniture all of which property is
now in her possession to her and her heirs forever.
I give and bequeath unto my son GEORGE the whole of my interest that
I have in two tracts of land in the State of Georgia, one of which
lyes in the County of Greene & the other in the County of Washington
& one horse called her to her and her heirs forever.
I give & bequeath unto my daughter MOURNING Negroes, MALVINA,
FRANK, & HELEN & all increase o her & her heirs forever.
I give & bequeath unto my daughter NANCY, Negroes ABRAHAM, SUSAN
and all increase to her & her heirs forever.
I give and bequeath unto my sons THOMAS and JAMES the whole of my
land lying on the East side of the Stage Road to be equally divided
between them when THOMAS shall arrive to the age of twenty five to
remain in the possession of my son BURWELL until sd time of division
to them & their heirs forever.
I give and bequeath unto my son BURWELL all the interest of the land
which I have not disposed of lying in the County of Franklin NC
which I have any right title or interest to in any way or manner
whatever also one Negro boy SIMON and one bay horse called
his to him and his heirs forever.
I give and bequeath unto my son BURWELL my cotton gin, still, &
blacksmith tools expecting them to remain on my plantation for the
benefit of my whole family to him and his heirs &c forever.
And the balance of my Negroes and other property that i have not
disposed of I wish to be equally divided between my son GEORGE,
BURWELL, THOMAS and JAMES & my daughters MOURNING and NANCY to each
share and share alike discretionary with my Executors to sell such
of the property as cannot be fairly divided or may be wanting.
I do hereby request of my sons BURWELL & GEORGE to use their best
existens for the benefit of my wife and children which I have.
State of North Carolina, Franklin County- and I hereby appoint my
sons GEORGE & BURWELL and my friends HENRY J.G. RUFFIN & RICHARD
WARD Executors to this my last Will & Testament. In witness whereof
I have hereunto set my hand & affixed my seal this day and date
above written.
JOHN PERRY
Signed Sealed &c in the presence of us
WILLIE PERRY
JOS. H. MURRAY
Franklin County - June Session 1830
I hereby certify that the foregoing Will was exhibited in Open Court
for probate and the execution thereof duly proven by the oaths of
WILLIE PERRY and JAMES H. MURRAY the subscribing witnesses thereto
and was on motion ordered to be recorded & filed.
test
S. PATTERSON, Clk
============================
Division of Estate of JOHN PERRY (Thicket)-1834
Franklin County Wills & Inventories 1834-1838
Volume K, Page 2
State of North Carolina
Franklin County
Court of Pleas & Quarter Sessions
December Sessions 1833
To the Worshipful, the Justices of the Court of Pleas & Quarter
Sessions for the County of Franklin aforesaid. The Petition of
GEORGE PERRY, BURWELL PERRY, NATHAN PATTERSON & his wife MOURNING
formerly MOURNING PERRY, THOMAS PERRY, NANCY PERRY, & of JAMES PERRY
an infant under the age of twenty one years who sues by SMITH
PATTERSON his guardian in his behalf, respectfully represent to your
worships that your Petitioners are tenants in common of the Negro
Slaves named in the Schedule hereto annexed. Your Petitioners the
said GEORGE, BURWELL, THOMAS, JAMES, NANCY being each entitled to
one Sixth part of said slaves & your Petitioner NATHAN being also
entitled to one Sixth part thereof in right of his wife the said
MOURNING and your Petitioners desire title to said Slaves under the
Will of JOHN PERRY (thicket), dec'd. Your petitioners further show
that they are desirous of holding & enjoying their respective slaves
of said Slave in severally & not in common & to the end that they
may be divided amongst your Petitioners to appoint them freeholders
to make said owners & to allot & set apart to each of them his & her
part or share of the same according to the Will of the said JOHN
PERRY & your petitioners Will our pray &c.
E. HALE, Atty.
List of Slaves: |
|
Franklin County
December Session
Exparto GEORGE PERRY &others
Petition for the division of Slaves
We appearing to the Court that the Petitioners are tenants in common
of the Slaves named in the Petition, and that they are desirous of
dividing the same amongst them in severalty. It is ordered that
RICHARD WARD, WOOD T. JOHNSON, WILLIAM THRIFT, NICHOLAS B.
MASSENBURG and HENRY J.G. RUFFIN, free holders, or any three of them
be appointed commissioners to divide allot & set apart to each of
the Petitioners his or her shares of said Negroes according to the
prayer of Petitioners & that they report their proceedings to the
next Court.
Test
S. PATTERSON, Clk
March Court 1834
State of North Carolina
Franklin County
Pursuant to an order from the Court for said County we the
undersigned met & proceeded to allot & divide the Negroes belonging
to the Heirs of JOHN PERRY (Thicket), dec'd agreeable to the Will of
said dec'd by leave to make the following report, that is
Lot No. One was drawn by MOURNING PATTERSON, which drew Negroes
YELLOW HANNAH, NELLY, BEN, FED, NICK, MATILDA, GUY, WILL, NED, BOB,
GUS & to receive from JAMES PERRY who drew No. 2 Seventy five
Dollars. No. 2 was drawn by JAMES who drew negroes SLIM JUDE,
SHADE, PARTHENY, WASHINGTON, HORACE, WINNY, DANIEL, SARAH, DICK &
MINGO & to pay to MOURNING PATTERSON Seventy five Dollars & to
pay to THOMAS PERRY One Dollar & to pay to BURWELL PERRY Thirteen
Dollars. THOMAS PERRY drew Negroes, CLARY, PETER, MARTHA, MARY,
KINCHEN, VIOLET, CAROLINE, CUFFEE, AMERICA & MAJOR & to receive
one dollar from JAMES PERRY. NANCY PERRY drew Negroes, BIG JUDE,
ATKIN, MINERVA, HULDA, BURTON, ANN, NORFLEET, EASTER, ANTHONY &
MOSES & to pay to BURWELL PERRY ninety one dollars. GEORGE B.
PERRY drew Negroes HAGAR, FRANCES, JESSE, JEFF, SIDNEY (a girl),
ALFRED, CAMBLIN, JACOB, & HENRY. BURWELL PERRY drew Negroes
BLACK HANNAH, ABRAM, PLIANT, HARRIET, CHINA, SILVY, ANDERSON, SALL,
LIVEY, & JOE & to receive from NANCY PERRY Ninety one dollars, &
also to receive from JAMES PERRY Thirteen dollars, all of which was
allotted by us & drawn for, & which was done by us this day. All of
which we ask leave to submit this fourth day of January 1834.
RICH'D WARD
W. T. JOHNSON
N. B. MASSENBURG
WM. THRIFT
(Note: The Will and Estate records for this person are
marked "John Perry (Thicket)". There is another Will and Estate
record for a different individual marked as "John Perry (Flat)"
which was probated March 1829. The person marked with "Thicket", is
indexed on FamilySearch using that as the surname, however, I
believe the words "Thicket" and "Flat" were actually added by the
original Court in order to distinguish between the 2 men who died
about the same time by adding descriptive locations to their names)
-------------------------------- |
