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Last Will & Testament of Holloway Pass
Guilford Co. Will Book C, page 246
Contributed by Anne Burton Washburn
In the name of God Amen, I Holloway Pass at this time of the County of Caswell and State of North Carolina, do make this my last will and Testament, hereby revoking all wills and codicils by me heretofore made.
Item 1st I will and direct that my executor give my body a decent Christian-like burial.
Item 2nd I will and direct that my executor pay all my just debts, out of any part of my estate, which he may find most convenient:
Item 3rd As I am sued for a valuable family of Negroes by the children of Judith T. Allen, which Slaves have been arrested by the Sheriff until bond was given for the forthcoming of the Slaves, when required, and the suit is yet pending in the court of Equity for Caswell County I give said Slaves to my executor, to be by him held, until the final determination of the suit, and I particularly injoin it upon him to use every effort in his power to prevent a recovery, and in order to enable him to carry on said suit and to meet the expenses which may arise, I give to my said executor, the use and management of said Slaves until a final decision ,without his accounting for [them] and profits, further, thus to carry on the suit:
Item 4th I direct my executor to collect all the monies due me from all sources, as well that due me from my sons in law, Noel Burton, John Burton, George L. Wilson, and also from my son Nathaniel W. Pass which several [sums] or whatever part thereof may be collected, to fall into the general funds of my estate, to be disposed of as herein after directed:
Item 5th I give to my son Richard S. Pass after the decision of the law-suit above named, should it be decided in my favor, the following Slaves, to wit the old woman Jane (or Jenny), the girl Abby & her child Elizabeth, together with all the increase of said Slaves, which may be born after this date. I also give to my son Richard S. Pass my bed and its furniture, which he is to receive upon my death.
Item 6th My will and desire is that immediately after my death, or so soon thereafter as may be convenient, my executor proceed to collect all the monies due me, and to sell all my property real and personal, excepting the Slaves given to Richard and all the others for which I am sued by Judith T. Allen’s children and to divide the nett amount into ten equal shares and that he pay over the same as follows to wit: one Tenth part to Martha Gilesby’s three daughters, who are my grand daughters, in equal parts, one Tenth part to James H. Pass, one Tenth part to my daughter Catharine, or Kitty Wilson, wife of George L. Wilson, one Tenth part to my son Nathaniel W. Pass, one Tenth part to my son John A. Pass, one Tenth part to my son Thomas Y. Pass, one Tenth part to my daughter Lucy Burton, wife of John Burton, one Tenth part to my daughter Mary Burton wife of Noel Burton, one Tenth part to my daughter Nancy Williams wife of J.M. Williams, and the remaining Tenth part to my son Richard S. Pass. And it is my express will and desire, that if any one of my above named children should die before I do, that the Tenth part [here] given to such child who may die in my life-time, be equally divided between all the children which such deceased child may leave:
Item 7th It is my will and desire that should the suit above alluded to be decided in my favor, and my executor and securities be placed out of danger of loss, in that event I direct my executor to sell all the Slaves now in controversy & their increase, except those given to Richard, & to divide the proceeds as I have parceled out among my children and grand-children in the sixth clause of this my will.
Lastly I hereby constitute, nominate and appoint my friend James T. Morehead Esq. Executor of this my last will and Testament, and I particularly injoin it on him to accept the Trust because I am satisfied that he will use every effort in his power to prevent the children of Judith T. Allen from taking from me under a false claim, the hard earnings of the most of my life.
In witness whereof I have hereto set my hand and seal the 29th day March 1841.
Signed published and declared HOLLOWAY PASS seal
By the Testator in the presence (signature)
Of C. Graves Jurat
Calvin L. Graves
I Holloway Pass being of sound mind & memory do make & ordain this Codicil to my foregoing last Will & Testament (that is to say) I hereby revoke the bequest of the Slaves Jinny, Abby & daughter Elizabeth and their increase, to my son Richard S. Pass, as set forth in the 5th Clause of my foregoing Will, and again referred to in the 7th Clause thereof: And my Will and desire is that said Slaves Jinny, Abby, Elizabeth & their increase (should it be determined that they belong to me, in absolute property) be disposed of in the same manner as I have directed (in the foregoing Will) the disposition of the Other Slaves, which are in Controversy in the Suit of the Children of J. T. Allen against me. In Witness whereof I hereunto set my hand & seal This the 17th day of August 1844.
Signed sealed published HOLLOWAY PASS seal
& declared in the presence of (signature)
C. Graves Jurat
Calvin L. Graves
State of North Carolina Guilford County February Term 1846
The last Will and Testament of Holloway Pass was produced in open Court and the execution of the same with the Codicil thereto was proven by C. Graves, one of the subscribing witnesses thereto and on motion Ordered to be Registered.
Test: John M. Logan, by R. McCullock (?)
(NOTE: The lawsuit referred to is published at Allen v. Pass, 20 N.C. 207 (1838).)
