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Will of Catharine Ann (Devereux) Edmondston - 1875
Halifax County Wills, 1868-1891
Will Book 6, Pages 128-130 Halifax County Probate Court 1875
In the name of God Amen - I CATHARINE A. EDMONDSTON of Halifax County in the State of North Carolina being of sound and disposing mind and memory do
hereby make declare and publish the following to be my last Will and Testament
Item 1st. I hereby revoke all wills and codicils heretofore made b me.
Item 2nd. I give and bequeath unto my niece MISS RACHEL JONES of Baltimore, Maryland, during her life, and no longer the annual interest on Four
Thousand Dollars ($4000) to be paid her annually out of my estate by my Trustee and Executor herein after named.
Item 3d. I give and devise unto OWEN RICHARDSON and DOLLY his wife who are persons of color, during the term of their joint lives, and the life of
thee survivor one acre of land to be laid off and allotted out of the place whereon I now reside, by my Executor and Trustee herein after named. And if my
said Executor and Trustee shall lay off and allot to them any parcel thereof whereon there shall be no house, then and in that event he is to erect
thereon for their use a house of the character of the one in which they now live. I also give and bequeath to the said OWEN and DOLLY his wife during
their joint lives, two hundred pounds of pork and ten dollars in money each, and five barrels of corn jointly to be paid them yearly by said Executor and
Trustee upon the death of either, the survivor is to have a yearly allowance during his or her life of two hundred pounds of pork, ten dollars in money
and two and one half barrels of corn to be paid as aforesaid.
Item 4th. I give devise and bequeath the whole of my estate (subject to the devisees and bequests herein otherwise made) inclusive of such rights as
I have under the will of my grandfather the late NICHOLAS BAYARD of the City of New York, and five Thousand Dollars Insurance money on my life to my
brother MAJOR JOHN DEVEREUX of Raleigh, and his heirs Executors and Administrators, absolutely and in fee simple, if he shall not be insolvent at the time
of my death; but if misfortune shall befall him, so that he shall have become insolvent at that time then to the said JOHN DEVEREUX to be used by him
according to his best judgment and discretion for the benefit of his wife and children and their heirs Executors and Administrators and the same shall not
in any event be or become liable for my debt or debts of the said JOHN DEVEREUX. This provision includes the whole of my estate of every character- real,
personal and mixed.
Item 5th. I have left among my papers a letter or memorandum disposing of certain personal property which I wish my Executor to respect.
I nominate constitute and appoint my brother the said JOHN DEVEREUX, Executor of this my last will and Testament.
In witness whereof I have hereunto set my hand and seal on this the Eleventh (11th) day of October in the year Eighteen hundred and Seventy four.
CATHERINE A. EDMONDSTON
Witness
ADELAIDE E. SMITH
MARY J. PURRINGTON
I make the following addition to my will as a codicil thereto. I give the four Thousand dollars mentioned in my Will to my niece RACHEL JONES absolutely,
and revoke the devise giving her the annuity therein specified.
I give to my sister MRS. FRANCES J. MILLER the sum of one thousand dollars. To my sister MRS ELIZABETH T. JONES the sum of one thousand dollars, and to my
sister NORA CANNON the sum of one thousand dollars. Dec. 14th 1874. Subscribed by the subscribing witnesses in the presence of Testator.
CATHARINE A EDMONDSTON
WILL H. BATTLE
THO'S D. HOGG
H. M. MILLER
GEO. D. MILLER
I make the following addition to my will as a second codicil thereto. Not wishing my real estate to be any manner liable for the debts of my brother JOHN
DEVEREUX and to avoid the possibility of such an result, I devise to my nephew THOMAS P. DEVEREUX all my lands and other real estate in trust for his
Mother during the life of his father, and then to remain to him and his heirs male in fee simple, but if he shall die without leaving any issue of his
body then living, then I devise the said lands and other real estate to my nephew JOHN DEVEREUX and his heirs. Signed in the presence of the subscribing
witnesses and by them subscribed in the presence of the Testatrix this 17th day of December 1874.
CATHERINE A EDMONDSTON
H. M. MILLER
GEO. D. MILLER
In the matter of the last will and testament of CATHERINE A. EDMONDSTON.
A paper writing purporting to be the last will and testament of CATHERINE A EDMONDSON deceased is exhibited for probate before the undersigned Judge of
Probate for Halifax County by JOHN DEVEREUX, the Executor therein named and the due execution thereof by the said CATHERINE A EDMONDSTON is proved by the
oath and examination of ADELAIDE E. SMITH and MARY J. PURINGTON the subscribing witnesses thereto: also a paper writing purporting to be a codicil to said
last Will and Testament is exhibited for probate by said Executor and the due execution thereof by the said CATHERINE A EDMONDSTON is proved by the oath
and examination of GEORGE B. MILLER and HENRY M. MILLER two of the subscribing witnesses thereto. Also another paper writing purporting to be a second
codicil to said last will and testament is exhibited for probate by said Executor and the due execution thereof by the said CATHERINE A. EDMONDSTON is
proven by the oath and examination of H. M. MILLER and GEORGE D. MILLER the subscribing witnesses thereto. It is therefore considered and adjudged by the
Court that the said paper writing and every part thereof is the last Will and Testament of the said CATHERINE A. EDMONDSTON and the same is ordered to be
recorded and filed. And thereupon the said JOHN DEVEREUX Executor as aforesaid duly qualified as such by taking and subscribing the oath required by law
this 31st March 1875.
JOHN T. GREGORY
Probate Judge
(Note: From the Halifax Co. Cohabitation Slave Marriages, Owen Richardson married Dolly [no surname] in 1853)
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JOHN EELBANK Case-1765
Halifax County Wills 1759-1774
Will Book 1, Page 184 At a Council held at Newbern 17th May 1765
Present
His Honour the Lieut'n Gov'r
The Honourable
JAMES HASSEL
JOHN RUTHERFORD
LEWIS H. DEROSSET
JOHN SAMPSON
ALEX'R McCULLOCH
WILLIAM DRY
ROBERT PALMER
BENJ' HERON
JOS' MONTFORT & OTHERS
Executors of J. EELBANK, Deceased
vs
ELIZ'A Widdow
aforesaid deceased
Heard a case argued relative to the Will of JOHN EELBANK who in his first wifes lifetime made a will and had three daughters by the said wife which wife
died soon after whose death MARY the youngest daughter died being from that marriage. In the beginning of the year
1764 Mr. EELBANK married his second wife who now cancals and he died about October 1764 leaving this Will and his second wife then ensient, and since
delivered of a daughter the attorney Generals opinion was had thereon and he being humbly of opinion that the particular circumstances attainding the said
case is a presumtive revocation of the said Will and that the said JOHN EELBANK died Intestate ordered the said will be revoked accordingly.
This is a true copy from the Council Journals.
Secretary's Office at Wilmington May the 18th 1765
BEN'N HERON Sec.
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Will of William Foreman-1765
Halifax County Wills 1759-1774
Will Book 1, Pages 185-186 |
In the Name of God Amen, I WILLIAM FORMAN of the County of Halifax being at this time in perfect sound mind and
memory and do make and ordain this my Last Will and Testament in manner and form as following That is to say Item-
I give to my son BENJAMIN FOREMAN PARKER the Plantation and mill whereon I now live with two hundred acres of land and also give to my son BENJ'N FOREMAN
PARKER Seventy five acres of land where THOMAS QUICK now lives also give to my son BENJAMIN FORMAN PARKER Sixty acres of land I bought of JESSE HARRELL in
Bartie County and also two hundred acres of land joining and being in the pattent formerly granted to BENJAMIN FOREMAN JUN'R in Scotland Neck and also I give
three Negroes and three workhorses and four cows and calves and fifty head of hoggs an dif in case he lives to come to the age of Twenty one then I give land
and Negroes all to my son BEN FOREMAN PARKER to him and his heirs forever.
I lend to my wife JUDAH FORMAN one Negroe woman CATE in during her widdowhood and after her widowhood to my son BENJAMIN FOREMAN PARKER and if my son
do not live to come to the age of twenty one years not have lawfull issue then I give the three Negroes to my three sisters CATE I give to my sister
HESTER FOREMAN and I give one Negroe man CATO I give to my sister FERABE FOREMAN one Negroe man PETER I give to my sister LUCEY FOREMAN.
Item. I give the rest of my estate to be equally divided between my wife and my son BENJAMIN FOREMAN PARKER. I nominate and appoint my loving wife
and JAMES OBRYAN and CAPT. JAMES SMITH exctrs to this my Last Will and Testament hereby disannulling and making void all other will by me before made in
witness whereof I have hereunto set my hand and fixed my seal this Twenty Eighth day of March 1765.
WILLIAM FORMAN
Sealed and delivered by the said WM. FOREMAN and acknowledged to be his Last Will and Testament. In presence of
PATIENCE WATTS ("W" her mark)
JAMES WATTS
Halifax County Ss July Court 1766
The aforegoing Will was exhibited in Open Court by the Exctrs and duly proved by the oaths of PATIENCE WATTS and JAMES WATTS the subscribing witnesses thereto
who on their oaths did say that they saw the Testator WM FORMAN sign publish and declare the same to be his last Will and Testament and that they subscribed
severally their names as witnesses thereto in the presence of the Testator and at his request whereupon the Extrs in the said will named were duly qualified
according to law thereupon the sd will was ordered to be recorded & is recorded.
JOS. MONTFORT CC
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Estate of Nancy Hawkins-1839
Inventory of the property of Miss NANCY HAWKINS by her Executor
Slaves, LEWIS, ADELINE & her children to wit WESTER, JOHN, BETSEY & EMILY the
last born since the death of the testatrix.
A bond executed by R. J. HAWKINS to testatrix for $581.19 Int from 1 Jany 1829. Good
Bond executed by same to same for $218.75. Int from 9 Octr. 1837. Good
A sum of money not exactly ascertained due from the sale of lands descended from F. P. JONES & sold by decree of the Court of Equity, the whole not yet
collected by the master.
A sum of money due from the sale of land sold by decree of the Court of Equity made at Spring term A.D. 1839 in the case of R. J. HAWKINS to them Ex parte
- Sale not yet confirmed.
The hire of LEWIS to JAMES HOLLIDAY from Jany 1, 1839. sum not adjusted.
Account against R. J. HAWKINS also which the testatrix left no memorandum, rendered by R. J. HAWKINS, embracing an error in former settlement with
testatrix of $16.42. The hires of LEWIS from the year 1829 return[?] to 1 Jany 1838, & of ADELINE for year 1833 & then interest amounting on 1 Jany
1839 to $746.82 f& against which said HAWKINS under an offset of $1292.20. Same not yet adjusted.
B. F. MOORE, Ex'r.
Inventory of NANCY HAWKINS Estate.
75 cts dr
B. F. M Ch
Inventory of the Estate of NANCY HAWKINS dec'd To May Court 1839
Recorded Page 276 See Will of Nancy R. Hawkins -1839
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Will of Thomas Heath- 1772
Halifax county Wills 1759-1774
Will Book 1, Pages 331-333 In the Name of God Amen. I THOMAS HEATH of Halifax County in the
Province of North Carolina being in firm in body but in perfect mind and memory do make and ordain this my last will and testament in form following that
is to say I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the Earth to be decently interred at the
discretion of my Executrix and touching such worldly estate which it hath pleased God to bless me with I will and bequith in the following manner and
form, Item, I give unto my son ABRAHAM HEATH five shillings sterling. Item. I give and bequeath to my son RICHARD HEATH one Negro fellow named
MIRUK also one feather bed and furniture that he has now in his possession and also one sent[?] old mare that he now has in his possession also ten
cows and calves that he has now in his possession & one gun that he has now in his possession and also one half dozen of pewter plates that he has now in
his possession and also one parcel of hogs that was called RICHARDs and also three Hundred acres of land that he now lives on. Beginning upon Willets
Branch on WINFIELD WRIGHT's line then running up the said Branch to the two Spring branch thence up the said Spring branch to the hero springs then
running a sou west course to a line that is to a line that is to be made to conclude the said Three Hundred acres of land to him and his Heirs forever.
Item. I give and bequeve to my daughter ANN HEATH one Negroe girl named LIDIA to her and her Heirs forever also one Negroe girl named
FANNE to her and her Heirs forever also one feather bed and furniture also one chest that is called ANN's. Item. I give and bequive to my daughter
MARY one Negroe boy named WILL also one Negro girl named BECK to her and her Heirs forever also one feather bed and furniture also one small
trunk. Item. I also give and bequeve to my son ADAM HEATH one Negroe boy named NED also my Plantation whereon I now live including all my the
rest of my land that is on given to him and his Heirs forever also one still and one black horse also one sorrel mair one feather bed and furniture and
also one rifel gun one case of bottles and I also give unto my son ADAM one Negroe fellow named JACK with my beloved wife SARAH HEATH during her life or
widowhood in the said Negroe I also give my son ADAM one Negroe boy named JIMMEY with my wife SARAH herein her life or widowhood in the same also I
give to my son ADAM one Negroe wench called OLD HANNAH with my wife having her life or widowhood in the same I also give my son ADAM one Negroe
wench named HANNAH with his paying my son THOMAS HEATH Forty pounds and with three years to pay the said Forty pounds [?] in from my death with my
beloved wife to have her life or widowhood in the said Negroe HANNAH called YOUNG HANNAH unto him and his Heirs forever. Item. I give unto
my beloved wife SARAH HEATH two horses one a bay and the other a sorrel at the death or marriage the said horses to be sold and the money equally divided
between my two daughters ANN and MARY HEATH. Item. I leave my stock of cattle and hogs to be equally divided between my beloved wife SARAH
HEATH and my son ADAM HEATH and at her death or marriage to fall wholly to my son ADAM and all the rest of my Estate I leave to my wife during her life or
widowhood and after her death or marriage to fall to my son ADAM HEATH. I leave my beloved wife SARAH HEATH and my son ADAM HEATH my whole and sole
Executors of this my last will and testament and my desire is to have no appraisment of my Estate. I do hereby uterly disallow and revoke and disannul all
and every other former testaments and wills by in any wise before named willed and bequead ratafying and confirming this and no other to be my last will
and testament.
In witnesseth whereof I have hereunto set my hand and seal this 13th Day of June 1772.
THOMAS HEATH ("H" his mark)
Signed sealed & delivered in presents of us
WIN'D WRIGHT JUN'R
JOSEPH WHELESS
Halifax County
1st February Court 1773
Then this Will was exhibited in Open Court by the Executrix SARAH HEATH and the Executor ADAM HEATH and duly proved by the oath of JOSEPH WHELESS a
subscribing witness thereto who on his oath died say that he saw the testator THOMAS HEATH sign seal publish and declare the same to be his last will and
testament and that he together with WINFIELD WRIGHT the other witness subscribed severally their respective names as witnesses there to in the presence of
the testator and at his request whereupon the Executrix and Executr afore mentioned was duly qualified according to law & on motion ordered to be
recorded.
Test
JOS MONTFORT CCt
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Will of Abram Mitchell- 1788
Halifax County Wills 1781-1824
Will Book 3, Page 192 In the Name of God Amen. I ABRAM MITCHELL of Mecklenburg County,
being in firm in body but in perfect and sound memory, do make & ordain this my last Will & Testament in form & manner following, that is to say, I give my
Soul into the hands of Almighty God, that gave it & my body I recommend to the Earth to be decently interred at the direction of my Executors and touching
such Worldly estate which it hath pleased God to bless me with, I give and bequeath in the folowing manner & form. I lend to my loving wife during her
widowhood all my land, Negroes and personal estate of every kind whatsoever, and after her widowhood, I give and bequeath to my daughter ELIZABETH LADD five
shillings. Also, I give to my son THOMAS MITCHELL one Negro girl named SARAH which he has in possession, and I leave my grandson JOHN JONES my land,
except my two daughters MARY and DOROTHY MITCHELL to have priviledge of setling on it as long as they live single and down by the Orchard; And I will that my
grandson JOHN JONES have the first Negro child that my Negro SILVY brings that live to the age of one year. And the resto of my Estate, both Negroes
and household furniture I leave to be equally divided between my two daughters, MARY & DOROTHY MITCHELL. I do appoint my wife ELIZABETH MITCHELL Executrix and
SAMUEL SIMMONS Executor of this my last will & testament. In witness whereof I have hereunto set my hand and seal this 3rd Day of February 1788.
ABRAM MITCHELL
Signed and acknowledged in presence of
JOHN LEMAY
JOSEPH FURGUSON
JOHN SIMMONS
Halifax County Ss February Session 1791
Then this will was exhibited in Open Court duly proved by the oath of JOHN SIMMONS, a witness thereto, and on motion ordered to be recorded. Whereupon
ELIZABETH MITCHELL the Executrix named in the will came in was duly qualified.
Test. WM WOOTTEN CCt
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Will of Elizabeth Mitchell-1798
Halifax County Wills 1772-1854
Will Book 4, Page 342 In the name of God amen. I ELIZABETH MITCHELL of Halifax County & State of
No. Carolina being now very sick but of a perfect and sound mind & memory and understanding but calling to mind the uncertainty of life and the certainty
of Death do make and constitute this my last will & Testament in manner & form as following. Imprimis I give my Soul to God that gave it to me in hopes
that the Lord will receive it thro the Death of my Gracious Redeemer, as to my body I gave it to the Earth from whence it was taken and there to be
decently buried at the discretion of my Executor, here after mentioned. And as to my Earthly goods which it hath pleased God to give me I will & bequeath
in manner & form as following.
I give & bequeath to my daughter DOROTHY WILLIAMSON the land and plantation whereon I now live to her and her heirs forever. Also I give unto my said
daughter DOROTHY my mare & colt to her & her heirs forever and my further wish & desire is for all the rest & residue my estate to be sold and the money
arising therefrom to be equally divided between my two daughters, DOROTHY & MARY and further more I constitute and appoint my son in Law GEORGE WILLIAMSON
Sen'r wholly & solly Executor of this my Last Will & Testament utterly revoking and disannulling any other Will & Testament that might have formerly been
made by me. In witness whereof I have hereunto set my hand & seal this 11th day of August In the year of Our Lord & Christ One thousand seven hundred and
Ninety Eight.
ELIZABETH MITCHELL ("X" her mark)
Signed sealed and acknowledge in the presence of
GEO. WILLIAMSON JUN'R
JA'S BISHOP
Halifax County Ss
August Session 1800 Then this Will was exhibited in Open Court and duly proved by the oath of JAMES BISHOP one of the subscribing witnesses thereto and on
motion ordered to be recorded, whereupon GEORGE WILLIAMSON SEN'R the Executor therein named came in and was duly qualified thereto.
Witness
L. LONG CCt
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Will of Martha E. Monford-1834
Halifax County Wills 1825-1854
Will Book 4, Page 141 In the name of God amen. I MARTHA E. MONFORD of the County of Halifax and
State of North Carolina being of sound and perfect mind and memory (blessed be God) do tis 22nd day of October in the year of our Lord one thousand eight
hundred and thirty four, make and publish this my last will and testament in manner following (viz)
after paying all my just debts, I give and bequeath to my nephew JAMES MONFORD, son of my brother JAMES, Negro ABRAHAM. I give unto my niece
NARCISSA MONFORD, Negro girl DARCAS, I give unto my niece MARTHA ANN ELIZABETH MONFORD Negro girl LINNEY, I give unto my nephew WILLIAM
MONFORD son of my brother JAMES, Negro boy AARON. I give unto EDWARD ALEXANDER TAYLOR Negro ELLICK, and my grey mare; I give unto SUSANNAH
TAYLOR Negro girl DELIA, I give to MARTHA TAYLOR Negro girl JESSEKY and one bed; I give unto my niece ELIZABETH ANDREWS Negro woman BETTY, I
give unto my nephew SIDNEY MONFORD, son of my brother JAMES Negro boy ENOCH, I give unto my nephew ROBERT B. MONFORD, son of my brother JAMES,
Negro boy JORDAN. I give unto my brother JAMES MONFORD Negroes CHANIE, ANDREW, EDENBOROUGH and SUCKY, and I hereby enjoin my brother
to indulge CHANIE as much as circumstances will admit. I give unto my nephews SIDNEY MONFORD and ROBERT B. MONFORD, my tract of land to be equally
divided between them, I give to my Nephew EDWARD MONFORD my sisters son (if living) the whole of the money arising from the sales of my stock of every
description, except the grey mare above mentioned, the residue of my property of every description I give unto my brother JAMES MONFORD. It is farther my
will and desire that the Negroes I have bequeathed to EDWARD A. TAYLOR, SUSANNAH TAYLOR and MARTHA TAYLOR be hired out annually by my friend- nephew JAS.
MONFORD, and the money arising therefrom, be appropriated soley to their benefit without the agency or management of any part thereof by ZACHARIAH TAYLOR.
And I hereby make and ordain my friend & brother JAMES MONFORD Executor of this my last will and testament. In witness whereof I the said MARTHA E.
MONFORD have to this my last will and testament set my hand & seal the day and year above written.
MARTHA MONFORD
Signed, sealed, published & declared by the said MARTHA E. MONFORD the testarix as her last Will & testament in the presence of us
JAMES M. NEWSOM
JOHN B. NEWSOM
D B ALLEN
(Daughter of Edward Montfort, d. 1802 who left a will probated in Aug. 1802, Halifax) ***********************
Will of Sarah Powell - 1845
Halifax County Wills 1825-1854
Will Book 4, Page 248 In the Name of God, Amen I SARAH POWELL of the County of Halifax and State
of N. Carolina being old and feeble in body but of sound disposing mind, and memory do make and ordain this my last will and Testament, in manner and form
following to Wit-
After the payment of my just debts, I give my whole property, both real, and personal, and perishable to my son WILLIAM M. POWELL in trust for the
benefit, and support of his children. The property to be managed by the above named Trustee, in such manner as he may think proper, and to be divided
among his children or their legal representations, as such time and in such manner and proportions, as he may think more advisable. I hereby declare it to
be my Will, and desire, that the above named WM. M. POWELL shall be permitted to act in the capacity of Trustee without giving security or being amenable
to his children for the manner of managing the property or the proceeds therefore; and I hereby nominate, constitute and appoint my said son WILLIAM M.
POWELL, Executor to this my last will & testament, and hereby exempt him from giving security for the same. In witness whereof, I have hereunto set my
hand & affixed my seal the seventeenth day of June One Thousand eight hundred and thirty five.
Signed Sealed and Published & declared by SARAH POWELL as her last Will and Testament
SARAH POWELL
In presence of
WILLIS ALSTON
SARAH KNIGHT ("X" her mark)
W. COLLINS
July 3rd 1845 this day MRS. SARAH POWELL acknowledged in my presence the above signature to be hers.
C. B. ALLEN
State of North Carolina
Halifax County, Nov. Term 1845
Then the foregoing paper writing purporting to be the last Will and Testament of MRS. SARAH POWELL is offered for probate as a will of Personalty and
realty and the same being duly proven is ordered to be recorded.
Whereupon WILLIAM M. POWELL the Executor nominated is duly qualified & has leave to sell the perishable Estate on a credit of six months.
Witness
WILLIAM W. DANIEL, Clk
By HENRY GARRETT D.C.
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Will of George Smith-1766
Halifax County Wills 1759-1774
Will Book 1, Pages 182-183 |
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In the Name of God Amen. I GEORGE SMITH of Halifax County and province of North Carolina do make and appoint this my last Will and Testament and dispose of
my worldly goods in manner and form following viz-
Imprimis. I lend unto my well beloved wife ANN SMITH during her life one Negroe man named JOE and one Negroe boy named BEN, one bed bedstead
and furniture, one bed chest.
Item. I give and bequeath unto my daughter RACHAL SMITH one Negro woman named PEGG and her increase to her and her heirs forever.
Item. I give and bequeath unto my son GEORGE SMITH one Negro man named JOE and one Negroe boy named BEN, which is before lent to my wife 'till
her death and one sett of coopers tools and three guns to him and his heirs forever.
Item. I give and bequeath unto my son GEORGE SMITH and RACHAL SMITH after my debts are paid all the rest of my Estate real and personal to be thence equally
divided betwixt the said GEORGE SMITH and RACHAL to them and their Heirs forever.
Lastly. I depute[?] and appoint my friend CAPT. DAVID SUMNER my whole and sole Executor of this my last will and testament.
And I do hereby disanull all other wills or testaments by me heretofore made and acknowledge this to be my only last Will and Testament. Witness my hand and
seal this Twenty fourth day of May in the year of Our Lord God One thousand seven hundred and sixty six.
GEORGE SMITH (his mark)
Signed Seal'd and acknowledged in presents of
JAMES BARNS
JOHN SMITH
BENJAMIN CHAMPION
Halifax County Ss July Court 1766.
The aforegoing Will was exhibited in Open Court by the executor and duly proved by the oath of BENJAMIN CHAMPION one of the subscribing witnesses thereto
who on his oath did say that he saw the Testator GEORGE SMITH sign publish and declare the same to be his Last Will and Testament and that he together with
the other witnesses subscribed severally their names as witnesses thereto in the presence of the Testator and at his request. Whereupon DAVID SUMNER the
Exec'r in the said Will mentioned came into Court and was duly qualified according to law thereupon this Will was ordered to be recorded and is recorded.
JOS. MONTFORT CC
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Will of William R. Smith -1844
Halifax County Wills 1825-1854
Will Book 4, Page 244
In the name of God amen, I WM. R. SMITH Sen'r of Halifax County & State of
North Carolina being of sound and disposing mind & memory do this 16th day of December in the year 1844 make & publish this as my last Will and testament
in manner & form as follows, viz
First I lend to my affectionate wife SALLY during her life the following property - the LOWRY Tract of land & ELLIS tract adjoining the high land, BARROW
tract of land and the light neck track adjoining and the following Negroes, man STARLIN & wife, MILLY & child CLARISA, man TOM
WEBB, man HENRY, man NED, old GEORGE, woman SOPHIA & all her children, woman CLARISA and children, SAM & RAVERA
& old woman RODEY, one sixth part of my horses mules & cattle, one sixth part of all my farming utensis, and all my household & kitchen furniture.
I give to my said wife corn fodder & meet sufficient to support herself & family one year, and one thousand dollars in money ($1000).
Secondly, I give to my son WM. R. SMITH the following lands, viz, begining at the river at the mile paster fence, then along said fence to the JOEL PASTER
fence then along said fence to the old road then along said road to the old cross roads, then up the old road to R. RAWLS line, then along his line to
Kahucah Swamp, then up said swamp to his line, then along his line to river Roanoke, then down the river to the first station or beginning, with this
reservation that my son JAMES & his heirs is to name the priviledge of getting timber & fire wood off of any part of said land for the use of his
plantation & home house. The BARROW tract of land I bought of C. M. CLARK except sixty acres adjoining the land I bought of D. C. CLARK. I give to my said
son all the Negroes he now has in possession & the following in addition, man BUCK & wife, MARY and all MARY's children, man MINER
(the blacksmith), man HARRY & man SAM after the death of his mother, and five thousand dollars in money ($5000)
Thirdly. I give to my daughter SALLY ANN BAKER all the land I own at Greenwood and adjoining I give to my said daughter all
the Negroes she now has in possession & following in addition, woman SALL & all SALLs children & grand children, except woman ANEKEY
and her children and five thousand dollars in money ($5000)
Fourthly. I give to my old man DANIEL the priviledge of choosing his owner among my children & not to be valued at any thing.
Fifthly. I give to my son RICHARD H. SMITH the tract of land I bought of MRS. OLIVIA COX the tract of land I bought of A. BISHOP the land I
bought of JOHN BRANTLEY & wife and fifty acres adjoining the BRANTLEY tract to be laid off the WILSON land, the tract of land bought belonging to T. COX &
Wife OLIVIA adjoining the land of C. M. CLARK & DOCTOR BAKER, all the lots of land I bought in ATKINS tract adjoining all the land I own lying to the
right side of the new road, leading from Kahucah Swamp to the Cypress swamp I also give to my said son RICHARD all the Negroes he now has in possession,
in addition, I give him man DAVY son of FANNY, man CELUS & boy CHARLES (son of CLEARIAH) and nine thousand five hundred
dollars in money ($9500)
Sixthly. I give to my sons WILLIAM & RICHARD thirteen thousand five hundred dollars ($13500) and the following Negroes, man CLINTON &
wife LIVY & all LIVYs children, man JESS, man JESSE and wife, MORNING and all MORNING children, in trust for the
following purpose for them to keep the money on interest & hire out the Negroes, the net proceeds of which they may receive to pay yearly to my son ROBERT
A. SMITH, or should my sons WM. & RICHARD think it best to vest the money or any part of it in land & stock & to settle a farm they can do it give to my
said son ROBERT the net proceeds yearly, and at death to be eaqually divided between his lawfull issue, should he die leaving no lawfull issue, then to be
eaqually divided between all my children or their issue.
Seventhly. I give to my son JAMES N. SMITH all the land before or hereafter given away, all the household & kitchen furniture he now has in
possession, all my cider casks & still all my farming utensils, all of my stock of mules horses and hogs & sheep, except that lent my wife, with corn meat
& fodder sufficient to support his family & stock for one year, and the following Negroes, man JACOB & wife RACHEL & all RACHEL's
children, man GEORGE and wife PEGGY and all PEGGY children, old man DEMSEY & wife LEAH, woman CAROLINE & all
CAROLINE children, man TOM WEBB, old man BUCK, old man PETER & wife HAGUDER, PETER & PENEY his wife, and all PENYs
children & should my said son JAMES die leaving no lawful issue, then I leave his part of my land to my sons RICHARD & WILLIAM and the balance of his
estate to be equally divided between my sons WM & RICHARD and daughters SALLY ANN & ELIZABETH, and five thousand dollars in money ($5000).
Eightly. I give to my sons WILLIAM & RICHARD four thousand dollars ($4000) in money in trust for the benefit & use of my daughter ELIZABETH, the
interest to be paid to her yearly and at her death to be equally divided between her children & for the want of such, to be equally divided between all my
children or their issue.
Ninthly. I give to my daughter ELIZABETH N. SMITH the following Negroes, man ABRAM & SABRY & all SABRYs children, woman AGNES
and all AGNESs children, and after her mother's death, woman SOPHIA & all her children woman CLARISA & daughter BARCEA, man
STARLIN & wife MILLY & all MILLYs children, also man WASHINGTON and enough of the balance of my Negroes to make her equal to my son
JAMES. Also the tract of land, I now live on and all ajoining except that given my son RICHARD, and five thousand dollars in money $5000 and should my
said daughter die leaving no issue then I give her part of my estate to be equally divided between my sons WILLIAM and RICHARD and JAMES. Daughter SALLY
ANN & to my sons WILLIAM & RICHARD to hold in the same way that is provided in the sixth clause of this instrument, or their issue
Tenthly. The balance of my estate, I give to be equally divided between my son JAMES & daughter ELIZABETH, my daughter ELIZABETH part of Negroes to
be first made equal to those given my son JAMES
Eleventhly. I wish the Negroes loaned my wife that she can spare and my daughter ELIZABETH & son JAMES Negroes to be worked on the land, given
my son JAMES & loaned my wife until my daughter ELIZABETH, shall marry or my wife should die or my daughter arrive at the age of twenty one my wife and
daughter to each receive one seventh part of the net proceeds.
Twelthly. I give to my son WILLIAM, Negro girl LOUISA, now in the possession of DOCTOR A. S. HALL in trust for the use and benefit of my
granddaughter EMILY HALL during her life, at her death her and her issue be divided among said EMILYs children.
Thirteenthly. As I have notes to meet the greater part of the given in this will in money it is my will & desire that if any of said notes should prove to
be not good that each ones legacy shall abate in proportion to the loss that may be sustained.
Lastly. I nominate my sons WILLIAM, RICHARD & JAMES executors to this my last will & testament. In witness whereof, I the said WM. R. SMITH Sen'r have
hereunto set my hand & seal the day & year first above written.
WM. R. SMITH SEN'R
Halifax County
August Court 1845
Then the foregoing paper writing dated the 16gth Dec. 1844 and purporting to be the last will and testament of WILLIAM R. SMITH SEN'R was offered in open
Court for probate, and it being satisfactorily proved by three credible witnesses, that the said last will and testament and every part thereof, was in
the proper handwriting of the said WILLIAM R. SMITH, and it being further satisfactorily proved, that the said paper writing, was found after the death of
the said WM. R. SMITH, among his valuable papers. It was thereupon ordered by the Court to be recorded whereupon WM. R. SMITH JR., RICHARD H. SMITH and
JAMES SMITH, the persons named executors, isn the said Last will and testament, qualified as such in due form, and assumed the burthen of its execution.
Witness
WM. W. DANIEL Clk
***********************
Will of Faithy Whitehead - 1844
Halifax County Wills 1772-1854
Will Book 4, Page 243
I FAITHY WHITEHEAD of the County of Halifax & State of North Carolina do make
this my last will and testament in manner & form as follows
1st. I give and bequeath to my brother TURNER WHITEHEAD the following Negroes MARIA, WILSON & GREEN they and their increase to him and his Heirs
forever. All the balance of my property of every description I wished sold and money with my notes accounts & money on hand after pay my debts be placed
in the hands of MARCELLUS POPE as Trustee for my Sisters CHARLOTT DICKEN and NANCY CUTCHER the money to be lent out by the Trustee and the interest
annually paid to my above named sisters during their natural lives share & share alike. After the death of my
sisters I wish the money in the hands of the Trustee divided in four shares, one share I give WILLIAM A. POPE son of MARCELLUS POPE, one share to THADDEUS
WHITEHEAD son of JOSEPH WHITEHEAD, one share to LEWIS F. WHITEHEAD son of EDWARD WHITEHEAD and the other share to SARAH F. HARREL daughter of LUKE HARREL
to them and their heirs forever.
I nominate and appoint MARCELLUS POPE Executor to this my last Will & Testament in testimony whereof I have hereunto set my hand and seal this the 11th
day of January 1844.
FAITHY WHITEHEAD ("X" her mark)
In presence of
JAS. JONES
TURNER BASS ***********************
Will of Tobias Whitehead-1772
Halifax County Wills 1759-1774
Will Book 1, Pages 334-336
In the Name of God Amen
I TOBIAS WHITEHEAD of Halifax County and province of North Carolina, being sick and weak of body, yet of perfect sound sense and memory thanks be to God
and on consideration that life and sense is uncertain, do make and ordain this to be my last Will and Testament viz't.
I give and recommend my soul into the hands of God that gave it and my body I recommend to the Earth, to be decently buried at the discretion of my
Executor and as to my Worldly Estate, I give demise bequeath and dispose of it in the following manner vizt, Item. I lend to my loving Wife one Negroe
fellow named SIMON and one Negroe wench named DINAH, and one Negroe wench NAN and likewise the third part of all my household
furniture and likewise my black riding mare; and side saddle and one sorrel horse, likewise 5 cows and calves, and four ews and lambs, and six sows and
pigs, these above mentioned Negroes and stock and household furniture, I lend to my loving wife during her widowhood or decease and no longer and after
her widowhood or decease I give to my daughter ANN WHITEHEAD the above named Negroes wench named NAN to her and her Heirs forever, and likewise
girl the above named fellow SIMON after my wifes decease or widowhood to my daughter CATHARINE WHITEHEAD to her and her heirs forever, and likewise
the wench DINAH I give to my daughter PENELLIPPE WHITEHEAD to her and her heirs forever, and I likewise give the rest, vizt, stock and household
furniture that I lent to my wife to be sold and equally divided among all my children after her decease or widowhood.
Item. I give to my daughter MARY WHITEHEAD one Negroe wench named BECK and her increase to her and her Heirs forever. Item. I give to my
daughter ELIZABETH WHITEHEAD one Negroe fellow named SAM and one Negroe girl named FEREBY and her increase to her and her heirs forever.
Item. I give to my daughter SARAH WHITEHEAD one Negroe boy named BRAY and one girl named JUDE and her increase to her her heirs
forever.
Item. I give to my daughter PENELOPE WHITEHEAD one Negro fellow named JACK and one wench named LUCY and her increase that ever will
arise from this day and date to his her heirs forever.
Item. I give to my daughter ANN WHITEHEAD one Negroe boy named JIM and one Negroe girl named MOLLEY and her increase to her her heirs
and assigns forever.
Item. I give to my daughter CATHARINE WHITEHEAD one Negroe wench named LINDER and one Negroe girl named LINDER and their increase to
her and her heirs forever.
Item. I lend to my loving wife the plantation and all the land adjacent thereto, whereon I now live, during her widowhood or decease and after I give the
said plantation and all the land adjacent thereto with all the appurtenances to be equally divided amongst my three children ANN, CATHARINE, PENELLIPEE to
them their heirs forever.
Item. I give to my daughter MARY WHITEHEAD one tract or parcel of land lying on Deep Creek which I bought of JOHN WHITNEY to her her heirs forever. Item.
I give to my daughter ELIZABETH WHITEHEAD one track or parcel of land lying on the Deep Creek which my brother ABRAHAM WHITEHEAD willed to me to her and
her heirs forever. Item. I give to my daughter SARAH WHITEHEAD part of a tract or parcel of land which I bought of JOSEPH PEARCE and all the
appurtenances thereon to her her heirs forever. Item. It's my will and desire that after my crop is made and my hogs of what kind
soever is made fit for market only 40 barrels corn and 20 good hogs is taken out for my wifes bread and meat for it all of what kind soever of my estate
after my just debts is paid to be sold and equally divided among my children MARY, ELIZABETH, SARAH, PENNELLIPEE, ANN and CATHARINE to them their heirs
and assigns forever. Lastly it is my will and desire that my trusty friends JESSE DICKSON, CAPTAIN DAVID SUMNER & CAPT. DAVID LANE to be my whole
and sole Executors of this my last Will and Testament and do hereby nominate this and none other to be my Last Will and Testament. In witness whereof I do
hereby set my hand and affix my seal this 17th day of June 1773.
TOBIAS WHITEHEAD
Signed sealed & delivered in presence of
WM. WHITEHEAD
JAMES JOSSY
MAR'D YOUNG
Halifax County May Ct 1774
Then this Will was exhibited in Open Court by JESSE DICKSON Executor and duly proved by the oath of WM. WHITEHEAD and JAMES JOSSY two subscribing witneses
thereto who upon their oaths did say that they saw the Testator TOBIAS WHITEHEAD sign seal publish and declare the same to be his las will and testament
and that they together with MAR'D YOUNG the other witness subscribed severally their respective names as witnesses thereto in the presence of the testator
and at his request whereupon the Executor aforementioned were duly qualified according to law and on motion ordered to be recorded.
Test
JOS MONTFORT CCt
***********************
Will of Francis Williams - 1765
Halifax County Wills 1759-1774
Will Book 1, Pages 179-180
In the Name of God amen. the 18th Day of May 1765 I FRANCIS WILLIAMS in the
Province of North Carolina & Halifax & Edgecombe Parish being very sick & week in body, but of good & sound memory thanks be to Almighty God & calling to
mind the uncertain estate of this transitory life & that all flesh must yeald to Death when it shall pleas God to call do make constitute ordain & declare
this my last will & Testament, in form, following.
Revoking & annulling by these presents all & every testament Will & wills by me heretore made & declared either by under writing & this only to be taken,
for my Last Will & Testament & no other, & first being penitent & sorry from the bottom of my heart for my sins past most humbly desiring forgiveness for
the same & give & commit my Soul unto Almighty God my Saviour & Redeemer in whom & by the merrits of Jesus Christ & trust & believe that, assuredly to be
saved & that my soul with my body at a General Day of the Resurrection shall arise again with joy & through the merrits of Christs Death & Passion possess
& Inherit, the Kingdom of heaven, prepared for his elect & chosen & my body to be bound in such a place, where it shall please my Executors, hereafter
named, shall appoint & now for the settling of my temporal estate & such Goods, Chattles & debts as it hath please God above my deserts to bestow upon me.
I do order give & dispose of the same in manner & form following, viz't--
First, I will that all those debts & dues as I owe in regret of convence to any person or persons whatsoever shall be well & truly paid & contented within
convenient time after my decease, by my Extr's hereafter named.
Item. I give & bequeath unto my loving wife SARAH one Negro man called YORK & her riding saddle.
Item. I give & bequeath unto my son CHARLES WILLIAMS two hundred acres of land more or less- lying in Halifax County in the province aforesaid and bounded
as followeth beginning at a maple in a branch in a side line the north side of Prosimon so down the branch to Prosimon Creek thence across to the other
side to the Useing Spring branch thence along the branch through the Plantation by the spring to the head and so to a white oak corner in the opposit line
and so up each side of Prosimon Creek according to the bounds of the pattent.
Item. I give and bequeath all unto my son FRANCIS WILLIAMS two hundred acres of land more or less it being part of the same tract and held by the same
pattent and bounded by the aforesaid Spring Branch and bounded corners and so down each side up Prosimon Creek according to the bounds of the pattent
aforesaid including my dwelling houses.
Item. I give and bequeath unto my daughter BETTY ANN WILLIAMS ten pounds proclamation money.
Item. I give and bequeath unto my daughter SARY ANN WILLIAMS ten pounds proclamation money.
Item. I give and bequeath unto my daughter MARY ANN WILLIAMS ten pounds proclamation money.
Item. I give unto my daughter JEMIMA ANN WILLIAMS ten pounds proclamation money.
Item. I give and bequeath unto all my afore named children the remainder of my Estate Stocks of all kinds goods and chattels to be equally divided
at my wifes decease among them and till then to be kept together by her to raise the children on and to be used at her discression so it is to the good of
her self and the children. I appoint and ordain my loving wife SARAH WILLIAMS hole and sole Ex'x of this my last Will and testament. Witness my hand and
seal the day and year first written Signed Sealed and Deliver'd in Presence of us
FRA'S WILLIAMS
ROBERT GREEN } interlined
ROBERT WILLIAMS} before signed
Halifax County Ss July Court 1766
The above will was exhibited in Open Court by the Executrix and duly proved by the oath of ROBERT WILLIAMS one of the subscribing witnesses thereto who on
his oath did say that he saw the Testator FRANCIS WILLIAMS publish, sign and deliver the same to be his last will and testament thereupon the Executrix
was duly qualified according to law thereupon the said will was ordered to be recorded and is recorded &c
JOS MONTFORT CC
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