Estate of Nathan Williams
Transcribed by Dan Williams

 

Northampton County, NC        June Session 17_?__

Halifax Dist

To the worshipful court of pleas and quarter sessions for the County of Northampton, the petition of Richard (Harrison)

Humbly _?__   

That in the year seventeen hundred fifty one a certain Nathan Williams then of the County of Northampton made his last will and testament and died in the month of March seventeen hundred fifty�eight having appointed his wife Rebecca executrix and his son Eli Williams executor to the said will, in consequence of which they executed the will in this Court and it was duly submitted to probate and letters testamentary assigned thereon: by virtue whereof they became pos�sessed of all the goods and chattels  rights and credits of the said Nathan Williams.

In the above mentioned will the said Nathan made the following legacies/to wit/ Then I give the labor of my two negro fellows Ned and Edom to my well beloved wife Rebecca Williams, during her widow�hood, after her marriage to be sold at public sale to the highest bidder and the money to be equally divided between my 3 sons and 5 daughters. I likewise leave the labor of my negro wench called Sarah to my beloved wife Rebecca Williams and after her marriage or death, the said negro girl and her increase to be equally divided between my S children. In consequence of which legacies or bequests, Rebecca, the said Executrix, remained possessed of the above negros until her death in December, 1784, at which time the said Sarah and the following increase or assigns/to wit/: Sue, Sid, Cherry, Mourning, Amy, Silve, Harry, Jacob, Jonas, Primus, Lewis, Fanny, Isaac, Frank, Willie & Benjamin: which were now to be divided according to the last will and testament of the said Nathan.

Your petitioner (inter)married in the year 1770 with Martha Williams one of the daughters of the said Nathan, who departed this life in February 1780. Eli Williams the above mentioned executor also died in 17_?_ intestate but Rebecca above legatee and executrix of the last will and testament of the said Nathan, made her will and ap�pointed Thomas Williams her son executor, who duly proved the said will in Court and had Letters Testamentary thereon, by virtue where�of he became possessed of all the negro slaves above mentioned and all other said goods and chattels whereof the said Rebecca died pos�sessed either in her own right or in the trust for the legatees and children of the said Nathan Williams.

As your petitioner considered himself justly and legally en�titled to the share of an eighth of the above legacy at the death of the said Rebecca, he took out letters of administration in the estate of his late wife and appeared in a friendly manner to the said Thomas Williams the executor of the said Rebecca and is whom now by law deceased, for his share as representative of his late wife, of the aforesaid legacies, but the said Thomas then absolutely refused to deliver to him any part thereof under various ___?     ; and since combining ____?___ ____?___with some other persons, now unknown to your petitioner and which should they be discovered, and your worship deem it necessary, your petitioner prays may be made parties with proper terms to change them ___?_____the said Thomas with a view to enrich himself and defraud and injure your petitioner, sometime about the _?____day of _____?___  made a division of the above mentioned negro slaves between himself and some other persons without the least regard to the claim or right of your petitioner.

Now for as much as your petitioner is _______?_________     ________?__________ without the aid of this worshipful Court, who have pro___?______ cognizance of matters of this kind, and whereas the above fraudulent division was contrary to the laws of this State and contrary to equity and good conscience � in consideration whereof and to the end that the said Thomas Williams may _____?_____ and perfect answer make to all and singular the premises contained in this petition, and that he may ___?_____efficiently (?) answer and set forth the number and names of the negroes which have come to his possession as executor of the said Rebecca, and that he may particularly specify which are the negroes left in aforesaid by the said Nathan Williams and also the number names and eyes (?) of those who are the increase or off�spring of the negros ____?_______ ____?______ or whether he has not made some division of the said negros as executor. Also how many and which of the said negros he has retained for himself, and to whom the said were divided or distributed.

May it please your worship to order a summons to assign _____?________ to the act of assembly in that case made and provided and cause the said Thomas Williams to appear before your worship at the next Court of Pleas and Quarter Sessions to answer on oath all the allegations contained in this petition and to submit to court order and unto your worship shall seem just and legal.

William N. Davie, Attorney for the petitioner.


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