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I, LEWIS Y. CHRISTMAS of Warren County and the State of North Carolina being of sound mind and disposing memory do make and
publish this my last will and testament, hereby revoking and making void all former wills by me at time heretofore made; I direct that my body
be buried and my funeral conducted in such a manner as to my executor shall seem best.
And as to such worldly estate as it has pleased God to bestow upon me, I dispose of the same as follows.
I direct that all just debts which I may owe at the time of my death and my funeral expenses shall be paid as soon after my decease as possible
Item 1st. I give and bequeath to my friend WILLIAM PLUMMER of the town of Warrenton, my faithful and favorite negro man WILLIAM usually
called WILLIAM KING.
Item 2d. I give and bequeath to my friend KEMP PLUMMER my negro boy named CASWELL.
Item 3rd It is my will and desire and I do hereby direct, that my slaves CHRISTOPHER, KEZIAH, HENRY, MARCUS, ERASMUS, NANCY, JANE and her
three children LAURA, FRANK and DAVY, and all of their increase from the date of this will, shall be emancipated as soon after my decease
as it can be done consistently with the laws of the State, and they are to be removed according to the Act of Assembly, beyond the limits of
this State, and they are to be carried to one of the nonslaveholding States of the American Union. All expenses which may be incurred by my
executor in causing the emancipation and removal of said slaves are to be paid out of my estate.
Item 4th. I give and bequeath to my executor herein after named in Trust for the negroes named in the preceeding item of my will, the sum of Ten
Thousand Dollars, which sum he is to divide among the said slaves and their increase as aforesaid in equal portions, but, before any division
shall be made it is my will and desire that my executor shall cause a guardian or guardians to be appointed in the nonslaveholding State or
States in which they may reside, to such of said negro slaves as may be then under twenty one years of age.
Item 5th. I give and bequeath to JOSEPH SPEED JONES of the said County of Warren, my executor hereinafter named, the sum of Five Thousand
Dollars as a compensation (in addition to the commissions allowed by law) for his trouble in causing the emancipation and removal of said
Slaves, and for the other services required of him as executor; And it is my will and desire that if from any cause the said JOSEPH S. JONES
shall refuse or fail to take upon himself the execution of this my will, or shall refuse or fail faithfully to carry out its provisions, then
that the above legacy to him shall not take effect.
Item 6th. If the said JOSEPH S. JONES shall refuse or fail to take upon himself the burden of the execution this my will, or shall die before
executing the same, then I give, then I give and bequeath to the person or persons who may be appointed by the County Court of Warren County,
administrator on my estate, the sum of Five Thousand Dollars in addition to the commissions allowed by law) as a compensation for his services
in faithfully carrying out the several provisions of my will.
Item 7th. All of the residue of my estate of every description whatever, both real and personal, including all real and personal estate which I
may hereafter acquire except the increase of the slaves hereinbefore directed to be emancipated, I give devise and bequeath unto my friend
WILLIAM DUKE JONES of said County of Warren, unto him, his heirs, executors administrators and assigns.
And I do hereby nominate and appoint my friend the said JOSEPH SPEED JONES executor of this my last will and Testament. In testimony whereof I
have hereunto set my hand and seal this 6th day of October A.D. 1857.
L. Y. CHRISTMAS
Witness:
JOHN WATSON
WM. EATON JR. |
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I LEWIS Y. CHRISTMAS of Warren County and the State of North Carolina, do make and publish this writing as a codicil to my last
will and testament which said will is dated the sixth day of October A.D. 1857. And is witnessed by JOHN WATSON and WILLIAM EATON JR. Whereas in
the 3rd item of my said Will, I have directed a slave by Name NANCY to be emancipated, and I have two slaves by that name, now for
greater certainty, I do hereby declare that I mean NANCY the younger.
And whereas in the 5th item of said will I have bequeathed the sum of five thousand dollars to my executor, JOSEPH SPEED JONES, in addition to
the commissions allowed by law, for his services therein mentioned and in Sixth item have given the same amount to any person who may be
appointed administrator upon my estate by Warren County Court in the contingency therein mentioned, now I do hereby reduce the said sum down to
Four Thousand Dollars, in the same manner as if the last mentioned sum had been originally in the said 5th and 6th Items of my said Will.
I do further direct that my executor is to have power to remove the slaves directed to be emancipated in said will, not only to any part of the
United States where slavery does not exist, and where it may be lawful for him to carry them; but also to Mexico if he shall think proper so to
do; and if he should carry any of them to Mexico he is to act in the same manner to all intents and purposes, and have the same powers and
duties in reference to them as if they had been removed to any nonslaveholding State of the American Union. The monied legacies mentioned in
said will, and the expenses incident to the emancipation and removal of the slaves who are directed in said will be the emancipated, I do hereby
charge upon the residue mentioned in the 7th item of my said will, and I do hereby authorise and empower my executor to sell a sufficiency
thereof to raise the requisite amount of money. In testimony whereof I have hereunto set my hand and seal this 5th day of June A. D. 1858.
L. Y. CHRISTMAS |
| Note: These slaves were actually the children of Lewis Y. Christmas, having been
born to 2 slave mistresses with whom Christmas had longtime relationships; also of note is that he never married. Later Court records reveal
that they were not emancipated as requested, their inheritance having been spent by the Executors, but the surviving slaves filed a lawsuit
against the Estate in 1866 and was finally settled in 1872 in Keziah Christmas, et. al. vs Joseph J. Jones, Supreme Court Case #10,812, where
they received what remained of the nearly 1500 acres from their original legacy. |
