Will & Estate of Martha (Hardy) Alston, 1823

Widow of William Alston b. 1747/d.1795 Warren Co.,NC

Transcribed portions of Estate file by Deloris Williams

This was Martha Hardy/Hardee, b. Jan. 22, 1759, d. Feb. 1823, daughter of Benjamin Hardy/Hardee & Mary Alston

Since her will bequeathed her slaves to her children & grandchildren as they each became of age, her estate covered a number of years as they were inventoried and distributed for each heir.

In the name of God Amen, MARTHA ALSTON of the County of Warren and State of North Carolina being in perfect mind and memory do this 22nd day of January in the year of Our Lord one thousand Eight hundred and Twenty three make this my last will and testament revoking all others.

1st Item. The relinquishment made to me by my Sons; PHILIP ALSTON, WILLIAM ALSTON, WHITMELL ALSTON, THOS. ALSTON & SAMUEL ALSTON I return it to them again. I wish my Sons WILLIAM's part to be given to CHARITY WILLIAMS son WILLIAM ALSTON WILLIAMS.

Item. I give and bequeath to my son WHITMELL ALSTON one negroe boy by the name of WILLIAM.

Item. I give and bequeath to my daughter MARIA KEARNEY three negroes by name ALLEN, DILEY & EASTER.

Item. I give and bequeath to my son THOMAS ALSTON one negroe by the name of LOUISA.

Item. I give and bequeath to my son SAMUEL ALSTON one negroe by the name of SALLY also my carriage and Two hundred dollars.

Item. After paying my just debts I wish the balance of my negroes with all the rest of my property of every discription to be equally divided between the children of my two daughters, MARTHA HAWKINS & MARIA KEARNEY. In witness whereof I have hereunto set my hand and seal the day and date above written.

This last will and testament of MARTHA ALSTON deceased, was proved in open Court by Oaths of MARY R. JONES & SARAH F. YEARGAIN. And at the same time JOSEPH HAWKINS & WILLIAM K. KEARNEY qualified as Administrators with the will aforesaid.

The Estate of Mrs. MARTHA ALSTON, Deceased, in Account current. Names listed in the account where cash was paid, starting February 9, 1823, thru September 1, 1824:

WILLIAM THOMPSON
CASWELL DRAKE
SAMUEL ALSTON
JACOB HUNTER
ANN PASTEUR
FRANCIS D. ALLEN
THOMAS T. JENKINS
MARY HONEY
WILLIAM WHITE
JOSEPH HAWKINS
ANTHONY SALE
WILLIAM C. CLANTON
LUNCEFORD BAKER
MITCHELL & WHITE

Names listed in account for cash that was received:

On May 25, 1826, Warren County,North Carolina, JOSEPH HAWKINS & WILLIAM K. KEARNEY,as administrators, filed an Account of the Estate of MARTHA ALSTON, with following names listed with Bonds due:

Distribution of the Slaves of Martha Alston

Inventory of Slaves taken May 13, 1823 and October 27, 1823:

*28 Slaves

WARREN
SARAH
NOEL
LUCY
DUCK
MELVA**
LUCY**
AMANDA
JOHNSON
CATHARINE
POLLY
PETER
DOCTOR
WILL
 

*Although it was indicated there were 28 slaves, 29 names were given; suspect that it was because "Affey" was listed twice

Warren County - November Court 1823
Ordered that BURWELL DAVIS, GEORGE W. DYE, & WILLIS ARRINGTON or any two of them be appt. commissioners to divide the Negroes of MARTHA ALSTON decd among those entitled agreeable to the last will & testament of said dec'd & report &c
 

Pursuant to the annexed order We the undersigned have divided the Negroes belong to the estate of MARTHA ALSTON dec'd agreeable to the last will of said dec'd and have aloted to the children of MARIAH KEARNEY (to wit) WHITMELL A. KEARNEY, MARY A. E. K. KEARNEY, ELIZABETH M. A. W. KEARNEY, MARTHA H. KEARNEY, MARIAH A. KEARNEY, CAROLINE C. KEARNEY & VALERIA V. KEARNEY. The following Negroes namely WARREN, SARAH, NOELL, LUCY DUCK, MELVY, LUCY, AMANDA, JOHNSON, CATHERINE, POLLY, PETER, DOCTOR, WELT, THOMAS, AFFEY, HARRY, JEFFERSON, & BOSON;

And to the children of MARTHA HAWKINS(to wit) MARY H. HAWKINS, MARTHA H. HAWKINS, SALLY M. HAWKINS, & ELIZABETH M. HAWKINS the following Negroes namely: RANDOLPH, AFFEY, DELIA, MARY, MARIAH, TITUS, SANCO, LUCY, OSCAR & EASTHER; and to pay to the children of MARIAH KEARNEY Forty Three dollars given under our hands in the County of Warren the 23rd day of February in the of our Lord 1824

Warren County
Feby Court 1824
This report was returned in open court by the commissioners and ordered to be recorded.

We the undersigned commissioners in conformity with the annexed order and agreeable to the Last Will & Testament of MARTHA ALSTON dec'd, and the report of the commissioners who divided, in virtue of said will a parcel of negroes given jointly to certain children of the late Col. JOS HAWKINS and WILLIAM K. KEARNEY - report that we have subdivided the negroes given to the children of the said KEARNEY, and allot to MARY A. E. H. BOYD daughter of WILLIAM K. KEARNEY the following negroes (viz) WARREN valued at Four hundred dollars and THOMAS valued at One hundred & fifty dollars (which after paying Twelve dollars & 1/7) her consider her equal or componet part of said legacy. Given under our hands this 13th day of Dec. 1828.

Ordered that Genl. WILLIAM WILLIAMS, ALFRED ALSTON & BURWELL DAVIS be appointed commissioners to set apart to MARY A. E. H. BOYD daughter of WM. K. KEARNEY her share of the Negroes bequeathed by MARTHA ALSTON to the children of said WM. K. KEARNEY & report &c

In obedience to the annexed order in the undersigned commissioners have set apart & allotted to WHITMELL KEARNEY the following Negroes that is to say POLLY, PETER, DREWRY and RANSMAN, being lot No. 3 as represented above valued at eight hundred and five dollars which is over and above the average of all the lots taken collectively by thirteen dollars therefore WHITMELL has to pay that sum to the infant legatees.
Ordered by the court

The commissioners appointed to set apart to WHITMELL KEARNEY his part of the Negroes devised to him by his grandmother MARTHA ALSTON dec'd made the foregoing report, and on motion it was ordered to be recorded.

To the worshipful, the Justices of the Court of Pleas & Quarter Sessions of the County & State aforesaid-

The petitions of MARTHA KEARNY, MARIA KEARNY, CORNELIA KEARNY, and VIRGINIA KEARNY infants under the age of Twenty one years by their guardian WILLIAM K. KEARNY and WHITMELL KEARNY respectfully showeth that your petitioners and also MARTHA, MARIA, CORNELIA and VIRGINIA KEARNY are tenants in common of several slaves which were bequeathed to them by heir grandmother MARTHA ALSTON. Your petitioner WHITMELL showeth to your Worships that he desires to hold his share of said slaves in severalty and therefore prays your Worships to appoint three freeholders unconnected with your petitioner either by consanguinity or affinity to allot and set apart to your petitioner his rateable share of said slaves.

Warren County
August Sessions 1832 -
Ordered that ALFRED ALSTON, EDWARD ALSTON, BURWELL DAVIS & JOHN A. WILLIAMS or any three of them be appointed commissioners to divide the slaves alluded to in the above petition according to the prayer of the petitioners report &c.

In pursuance of the annexed order of Warren County Court we have proceeded to divide the five Negroes named in said order between SAMUEL A. WILLIAMS & his wife SALLY M. who was SALLY M. HAWKINS, and ELIZABETH M. HAWKINS, said Negroes being owned in common by said SALLY M. and her sister ELIZABETH as their part of their grandmother MARTHA ALSTON Estate, and we have alloted to the said SAML. A. and his wife SALLY as follows, viz:

Said SAMUEL and his wife to pay to ELIZABETH M. HAWKINS $200 on the 1st of January 1835 without interest.

And to respective from SAMUEL A. WILLIAMS and his wife SALLY M. one hundred dollars on the 1st of January 1835. Given under our hand and seals this 31st of December 1833

It appearing to the Court that the Petitioners are tenants in common of the Slaves described in the Petition & that they are desirous of having their shares allotted to them in severalty. It is therefore ordered that ALFRED ALSTON, JOHN A. WILLIAMS, BURWELL DAVIS, GEORGE DYE & EDWD. ALSTON freeholders or any three of them be appointed commissioners to divide their shares according to the prayer thereof and that they report to the next Court.

Lot No. 1
JEFFERSON - $450
CATHERINE -  280
MARTHA      -  135
                   ______
                       $865

Lot No. 3
ANNETTE   -  $300
WHITMELL -   270
MANERVA  -   200
LUCY Jr.      -   100
                      _____
                       $870

In obedience to the above order of the County Court of Warren to us directed, we have divided the Negroes among those severally entitled as set forth in the petition in the following manner that is Lot No. 1- JEFFERSON, CATHERINE and MARTHA valued at $865 we have allotted to THOMAS HARRIS in right of his wife MARTHA who is to pay Lot No. 2 or CORNELIA KEARNY $30 - Lot No. 2 JOHNSON, LUCY Senr, and OSCAR valued at $795 we have allotted to CORNELIA KEARNY - Lot No. 3 ANNETTE, WHITMELL, MANERVA and LUCY Jr. valued at $870 we have allotted to MARIA KEARNY who is to pay Lot No. 2 or CORNELIA KEARNY $10 - Lot No. 4, MELVY, HUBBARD and DELIA and AMANDA valued at $810 we have allotted to VALERIA VIRGINIA KEARNY who is to receive from Lot No. 3 that is from MARIA KEARNY $25. given under our hands this 24 February 1834.

Additional Information

William Alston & Martha Hardy-Alston were the parents of Benjamin Hardy Alston, b. 1774/d. 1793; Philip Alston, b. 1776/ d. 1812; William Alston, b. 1777/d. 1810; Whitmell Alston, b. 1779/d. 1824; Thomas Alston, b. 1781/d. 1850; Samuel Williams Alston, b. 1782; Medicus Alston, b. 1784/d. 1809; James Alston, b. 1785/d. 1795; Polly Hardy Alston, b. 1788/d. 1807 (m: Joseph Hawkins); Martha Hardy Alston, b. 1790 (m: Joseph Hawkins); Elizabeth Matilda Alston, b. 1791/d. 1813 (m: William P. Williams); and Benjamin Hardy James Maria Alston, b. 1793/d. 1883 (m: William Kinchen Kearney).

William K. Kearney & Maria Alston were the parents of Mary Ann Kearney (m: Conrad S. Boyd, John Arrington), Matilda Kearney (m: John B. Sommerville), Whitmell Alston Kearney (m: Polly Dawson), Martha Helen Kearney (m: Thomas Whitmell Harris), Maria Kearney (m: Dr. Solomon Williams), Cornelia Caroline Kearney (m: Archibald Davis), Valeria Virginia Kearney (m: Dr. Robert Edgar Williams), Delia Haywood Kearney (m: Robert Clements), Elizabeth K. Kearney (m: Jacob Parker), Polly Dawson Kearney (m: Alfred Alston), Anna Jackson Kearney (m: Henry Williams), and Eleanor W. Kearney (m: Elias Carr).

From extant records of William K. Kearney's Slave Book, we learn that the slave Melvy, was born in 1804, and was the mother of Lucy, born 1820, Hubbard, born 1827, Delia, born 1831, and Frank, born 1836.

Many of the slaves which were distributed in these records eventually took on the surnames of Williams, Alston, Kearney and Davis.  

For more on Melvy and her children

See also Cherry Hill and Myrtle Lawn Plantations

©2012 to present by Deloris Williams and Ginger Christmas-Beattie for the NCGenWeb Project.  No portion of this any document appearing on this site is to be used for other than personal research.  Any republication or reposting is expressly forbidden without the written consent of the owner. Last updated 02/08/2021