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Will of ORAN D. ALSTON- 1851
Chatham County Record of Wills 1834-1857
Will Book C, Page 294, 295
In the name of God amen, I ORAN D. ALSTON of Chatham County &
State of North Carolina do this the 5th day of May A.D. 1851 make ordain
and publish this my last will & testament in manner & form following viz
1st. I give & bequeath unto my wife MARIUM ALSTON all my estate both
real & personal consisting of lands Negroes stock of every kind with all
my household & kitchen furniture and every other article of property
together with all my bonds & cash & accounts during her life time.
2nd. I also give absolutely unto my wife MARIAM ALSTON the following
Negroes viz: ABNER, DEMPSEY, FIELDS, WESTLEY, JOHN, ADALINE & her
four children viz DANIEL, ANDREW, SOPHIA & RHODDA.
3rd. After the death of my wife MIRIAM ALSTON I give & bequeath unto
ORAN A. PALMER, MALINDA & all her children.
4th. I give & bequeath unto WILLIAM A RIVES, ROBERT E. RIVES, JOSEPH
PALMER & ORAN A. PALMER after the death of my wife MARIAM ALSTON all the
balance of my estate both real & personal to be equally divided between
them. Lastly I constitute and appoint my worthy nephews WILLIAM A. RIVES
& ORAN A. PALMER Executors to this my last will & testament revoking &
annulling all other wills & testaments by me hertofore made & executed.
In testimony whereof I have hereunto set my hand & seal the day & date
above written.
ORAN D. ALSTON
Signed Sealed & delivered in the
presence of us.
JESSE MARLEY
OLIVER VESTAL
State of North Carolina
Chatham County
August Term 1851
This is to certify that the foregoing last will & testament of ORAN D.
ALSTON was duly proven in open court by the oaths of JESSE MARLEY and
OLIVER VESTAL the subscribing witnesses thereto and ordered to be
recorded Whereupon WILLIAM A. RIVES & ORAN A. PALMER the Executors
therein named appeared in open court & were duly qualified as such.
Teste W. P. TAYLOR CCC
North Carolina
Chatham County
County Court, August Term 1851
To the Justices of said Court the Petition of MARIAM P. ALSTON
humbly shews that her husband OROON D. ALSTON late of Chatham aforesaid
departed this life in the month of May last without issue & leaving your
petitioner his widow surviving him.
That previously to his death he executed a will which as the present
term of this Court has been only proven & that WILLIAM A. RIVES & OROON
PALMER the Ex'rs therein named have qualified as such.
Your petitioner that being disastisfied with the provisions therein made
she has availed herself of the privilege allowed by law & disputes from
said will & at the present term of said Court has in proper person can
be her dispute to be duly recorded.
In virtue of these proceedings your Petitioner shews that she becomes by
law, entitled to one third part of all personal estate after payment of
debts &c of which her said husband died possessed.
Your petitioner further shews that her said husband was at the time of
his death possessed of a large personal property consisting of cash &
bond & debts owe him of household & kitchen furniture, stock of
different kinds, a premiere carriage, wagons & farming implements &
various other articles of property together with the following Negro
Slaves, viz:
See list on Plantation page
Now to the end that the said Executors may come to an account &
settlement of the said Estate & to pay to your Petitioner one third part
of the will proceeds thereof after payment of debts together with one
third of said Slaves, your Petitioner pray that writ of subpoena issue
to the said Executors commanding them to appear & answer &c & that five
commissioners be appointed to make division of the Slaves & report their
proceedings under their hands & seal to the next Court & that such
further process or list be had as per case requires according to the
statutes in such cases made & provided & your Petitioner will &c &c &c
Names and ages of Negroes belonging to the Estate of OROON D.
ALSTON dec'd at the time of his decease:
See List of 81 Names with Ages
W. A. RIVES }
O. A. PALMER} Exrs.
State of North Carolina, Chatham County
In pursuance of an order of the County Court of Chatham appointing the
undersigned as Commrs. to divide the Negroes belonging to the estate of
O. D. ALSTON Esqr dec'd; after being duly sworn we have assigned over &
allotted to M.P. ALSTON widow of the dec'd one third of said Negroes as
her share- viz:
ANDY & his wife SARAH valued at - $900
BEN & his wife & four children viz, DANIEL, ANDY, SOPHIA & RHODY - 2037
VINA - 100
PEGGY & her children, viz, ORAN, JOHN, JUDY - 950
PETER (miner) - 450
WESLEY - 750
DANIEL - 675
FIELDS - 700
ABNER - 200
NARY - 500
ANTHONY - 600
PRISSY - 500
AGGY - 300
SUSAN - 400
Total: $9062
Given under our hands & seals this 15th Oct. 1851.
N. A. STEDMAN
WM. M. ROSSON
WILLIAM D. WREN
DANIEL HACKNEY
M.P. ALSTONS, Third of Negroes
Recorded in Book J, Page 157, 1851
*****************************
Will of MIRIAM P. ALSTON- 1855
Randolph County, North Carolina
Will Book 10, Page 195
On this 22nd day of September 1855
I, MIRIAM P. ALSTON, do make, publish and declare the following as my
last will and testament.
I give and bequeath to JAMES WOODY my Negro slave ABNER.
It is my will that all the rest of my slaves shall be free and I
therefore give all of my slaves (ABNER excepted) to my executor
herein after named, in trust that he will remove them, as soon after my
death as he can lawfully do so, to some free state to be there
emancipated. And until he can so remove them, that he hire them, at
private hiring, on the best terms he can, to such persons as he may deem
suitable.
I will to my executors three hundred dollars to defray the expenses of
the removal of my slaves to a free State as provided for in the
preceding clause.
I will that my executors retain out of the hires of my Negroes and the
foregoing bequest of three hundred dollars a full compensation for his
trouble and services in removing said slaves to a free State and that he
dispose of the residue of said $300 and hires for the benefit of said
emancipated slaves in such manner as he may think will be most
beneficial to them.
I will all the residue of my estate, both real and personal, to my three
nieces, daughters of my deceased sister, SOPHIA. If either of them
should be dead, leaving a child or children surviving, I wish such child
or children to receive the portion to which the deceased mother would be
entitled if living. And should one or more of them be dead, leaving no
issue, then I wish the survivor or survivors to receive the portion to
which the deceased would have been entitled, if living. And to enable my
executors to make this distribution among my said nieces, I authorise
them to sell any part of my estate real or personal, not herein before
disposed of.
I nominate my friend JESSE MARLEY, Executor of this my last will and
testament.
MIRIAM P ALSTON ("X" her mark)
Signed by the testator in presence of us, who in presence and at her
request attest the same
A. HOLTON
LEVINA ALLRED
North Carolina
Randolph County
Court of Pleas & Quarter Sessions
November Term 1855
The due execution of this last Will and testament of MIRIAM P. ALSTON is
proved in open court by the oaths of ALFRED HOLTON and LEVINIA ALLRED
the subscribing witnesses to the same, and ordered to be recorded.
B. F. HOOVER CCC
State of North Carolina
Randolph County
Court of Pleas & Quarter Sessions
May Term 1857
A paper writing purporting to be the last will and testament of
MIRIAM P ALSTON deceased, and which is in the words and figures
following, to wit,
[copy of will is repeated]
is on motion ordered to be propounded for probate in open court, by
JESSE MARLEY the executor therein named, whereupon the Court directs the
following issue to be made up and submitted to a jury, to wit, To the
said paper writing or any part thereof and if so what part the last will
and testament of MIRIAM P ALSTON dec'd or nots. And on motion it is
ordered that a citation issue to JOHN MARLEY and THOMAS MARLEY, two of
the heirs at law and next of kin of said MIRIAM P ALSTON dec'd, who
since within the limits of this State, to appear at the next Term of
this Court to see proceedings in this cause, and to make themselves
parties to this said issue if they shall think proper. And it appearing
to the satisfaction of the Court, that the other next of kin and heirs
at law of MIRIAM ALSTON dec'd to wit the heirs at law and next of THOMAS
RAY, PATY TEAGUE, the heirs of RACHEL MARLEY, (the said JOHN & THOMAS
MARLEY excepted) to wit BENJAMIN MARLEY and the heirs at law and next of
kin of POLLY BRANSON and ELIZABETH UNDERWOOD, POLLY SILER, JANE STEWART,
ELIZABETH McDANIEL, FRANKEY BECK, NANCY ALLDRIDGE, REBECCA McDANIEL, and
the heirs at law and next of kin of SOPHIA WOOD, to wit, the heirs at
law and next of kin of SAM'L WOOD dec'd, JOHN L. WOOD and others whose
names are unknown; REUBEN D. WOOD & his children SUSAN wife of LEVI,
SOPHIA who is married and whose husband is not known, and other
children, names not known, FRANCES HOUSE, ALFRED H. WOOD, VIRGINIA wife
of AMBROSE PETTY and MARY wife of GEO. W. PETTY, reside beyond the
limits of this State, it is ordered that publication be made in the
Asheboro Bulletin a paper printed in the Town of Asheboro for six weeks
notifying them and all other persons interested in the estate of MIRIAM
P ALSTON dec'd to appear at the next term of this Court to be held in
the town of Asheboro on the 1st Monday of August next and then and there
to see proceedings in this case and to make themselves parties to said
issue if they think proper so to do.
Witness B. F. HOOVER Clerk of our said Court at office the 1st Monday in
May 1857.
[Papers in the files indicates that some of her family resided in
Washington County, Texas]
North Carolina
Randolph County
Court of Equity
Fall Term 1860
To the Hon. the Judge of said Court
JESSE MARLEY Executor
vs
JOHN MARLEY & Others
In obedience to the order of reference made in this cause at Spring Term
1860 I caused due notice to be served on H. B. MARLEY and WM. S. EDWARDS
that I would execute said order at my office in Asheboro on the 1st day
of June 1860, where they attended, and from the evidence submitted I
report that there has come to the hands of JESSE MARLEY, executor and to
the hands of his executors, the present plaintiffs, or might have come
to their hands by the exercise of due diligence, for the hire of the
slaves and the $300 appropriated by the will to the removal of the
Negroes, including interest (see exhibit A annexed) - $4015.81
Deduct credits as per exhibit B. - 2204.66
Balance due to Negroes - 1811.15
Under the clause of the will directing the executor to dispose of the
residue of $300, and hires for the benefit of said emancipated slaves in
such manner as he may think will be most beneficial to them, the
executor JESSE MARLEY dec'd decided to pay once 1/18th each, of the
surplus to the emancipated slaves PETER, ANTHONY, WESLEY, FIELDS,
PRISCILLA, SUSANNAH, NARY, AGATHY and DAVID. And three eighteenths of
said surplus to BEN, for himself and his family, three eighteenths to
ANDREW for himself and his family and his mother and three eighteenths
to PEGGY for herself and family. And the present plaintiffs entertain
the same views. The aforesaid sum of $1811.15, being their divided will
give
PETER - $100.62
ANTHONY - 100.62
WESLEY - 100.62
FIELDS - 100.62
PRISCILLA - 100.62
SUSANNAH - 100.62
NARY - 100.62
AGATHA - 100.62
DAVID - 100.62
BEN & Family - 301.86
ANDREW & Family & Mother - 301.86
PEGGY & Family - 301.86
Total -- $1811.16
The executor JESSE MARLEY, by his agent H. B. MARLEY, removed said
slaves to the State of Ohio in May 1859, where they now reside as free
persons.
And the said MARLEY, on the 21st May 1859, put into the possession of
the REV. WM. SLAUGHTER and the REV. P. TABLER, of Franklin County, Ohio,
five horses, two wagons and one carriage together with harness to be
disposed of to the best advantage and the proceeds divided among said
emancipated slaves as follows-
PEGGY and her five children to share, equal to three single ones
BENJAMIN, his wife & seven children to share also as above
also ANDREW, his wife and child and mother to share as above
The remaining ones to share equal.
The receipt of the said SLAUGHTER & TABLER are filed.
All which is respectfully submitted.
JONATHAN WORTH CME
June 1st 1860
(All transcribed by Deloris Williams)
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