Source: NC
State Archives - Raleigh
Written: 1871
Recorded: August 5, 1871
I Daniel L Russell being in feeble health but of sound mind and
knowing that it is appointed unto all men to die, revoking all former
wills do make and ordain this my last will and testament:
Item 1. To my son Thomas I give my plantation and all my lands in the
county of Robeson to him and his heirs forever – also all the horses,
mules, cattle, hogs and other stock and all the utensils, household and
kitchen furniture and all other personal property belonging to the
plantation.
Item II. To my wife, Olivia, I give my house and lot in the City of
Wilmington, all the household and kitchen furniture, of every
description belonging to the same, my carriage and horses and silver
plate – to have during her natural life and at her death to my daughter
Mary absolute and in fee simple; but if my said daughter Mary should
not survive her mother then to such of my children by the said Olivia
as may be living at her death equally.
Item III. All the rest of my property of every description, being such
as may be in the hands of my executors after the payment of my debts I
wish to be managed and disposed of as follows: I desire my executors to
use and manage such residue for the support and maintenance of my wife
Olivia and her youngest son David and they are hereby constituted
trustees for such purposes, my purpose and desire being that they shall
so manage the said residuum as to afford a support and maintenance to
my said wife and son such as they have heretofore ### and that they
shall do this without diminishing the principal, if possible, and for
this purpose I authorize them to invest according to their judgment any
monies that may be in their hands for the bendfit of my said wife
Olivia and son David – but if a decent and proper support cannot be
afforded them without diminishing the funds then I wish my Executors
upon her demand to pay over to my wife Olivia so much as may be
necessary not to exceed, however, one third of the whole of such
residuum. Upon the death of my wife Olivia I wish such residuary part
of my estate to be divided among my children, Thomas, Mary, and David
so as to make them equal in the shares which they may have in my estate
– that is to say, that it shall be divided among the three, charging
any advancements or specific devises or bequests to each share so as to
make them equal not in the residuary part but equal in the whole which
they may devise [the word may be “devise” or “devine”] from my estate.
Item IV. I hereby constitute and appoint my son, Thomas B Russell and
William J H Bellamy, husband of my daughter Mary, executors to this
my last will and testament. I do not appoint my son, Daniel L Russell
Jr, because being the principal debtor to my estate, he did not wish to
act as executor.
Item V. I authorize my executors to sell any personal property not
specially bequeathed by me.
Danl L Russell {seal} [his signature]
Court of Probate
New Hanover County
Before me, J C Ma?, Judge of Probate for the County of New Hanover,
personally do appear Thomas B Russell and William J H Bellamy who
being by me duly sworn do depose and say that they are the persons
named as executors in the last will of Daniel L Russell of said county
lately deceased which said will they do now exhibit in this court
and ask that the same may be admitted to probate according to law: That
said testators property consisted mainly as follows: one house &
lot in the city of Wilmington and furniture therein worth about nine
thousand dollars – a plantation in the County of Robeson contaning in
the whole tract about one thousand acres and worth about five thousand
dollars, also eight ? [may be “mules”] & stock worth about ten
hundred dollars - the obligations of Daniel L Russell Jr for the sum
of twenty seven thousand dollars the same being a balance unpaid on the
purchase of the lands of said Testators in the County of Brunswick:
That the devisees & legatees under said will are Olivia wife of
said Daniel L Russell so deceased who resides in the city of
Wilmington, Mary, wife of W J H Bellamy one of these affiants, who
also resides with her husband in the city of Wilmington, Thomas B
Russell, the other of these affiants, who resides in the County of
Robeson, and David S Russell, an infant of the age of nineteen years
who is now in the county of Brunswick and who has no guardian but whose
property so devised to him by his f? [probably “father’] is under the
control of the executors to said will.
Thos B Russell [signature]
WJH Bellamy [signature]
Subscribed and sworn to
before me August 5th 1871
? [signature]
State of North Carolina
New Hanover County
In Probate Court August 5th
1871
Before me is this day exhibited the annexed paper writing, purporting
to be the last Will and Testament of Daniel L Russell deceased, and at
the same time personally appeared, Daniel L Russell (late Junior)
William J H Bellamy and Thomas B. Russell, who being severally sworn,
say, each for himself as follows ?: I am well acquainted with the hand
writing of Daniel L. Russell, having often seen him write, and that the
name of the said Daniel L Russell, subscribed to the said paper
writing was in the own proper hand writing of the said Daniel L Russell
deceased. And the said W H J Bellamy [his initials transposed here]
says that the said Daniel L Russell deceased, acknowledged the due
execution of the said paper writing; and the said Thomas B Russell
says the said paper writing was found among the valuable papers of the
deceased.
It’s therefore considered by the Court, that the said paper writing and
every part thereof, is the last will and testament of the said Daniel L
Russell deceased, and the same is ordered recorded and filed.
And thereupon William H J Bellamy [his initials transposed] and
Thomas B Russell the executors therein nominated, came into Court and
are duly qualified as Executors according to law.
J [signature]
Probate Judge
Additional Comments:
Daniel Lindsay Russell, Sr was the son of Thomas Russell and Obiah
Ward of Onslow County. He was born in October 1803 and died at the end
of July 1871.
He and his brother William Jarvis Russell, after the death of their
father, took their inheritances and headed to Mississippi. Along the
way, they “lost” their monies. At this time, the brothers parted
company. William Jarvis Russell travelled on to Texas, where he became
a prominent figure in the Texas Revolution, and later a political
leader.
Daniel Lindsay Russell returned to North Carolina, but instead of
coming back to Onslow County, he found himself in the Brunswick area.
Seeing the abundant resources of the pine forests and the potential for
easy trade afforded by the Brunswick port, he made a bold statement,
“If I had $20 and a team of oxen, I could make a fortune.” He was heard
by Mr. Alfred Galloway, who next day, found him and gave him $20 with a
promise to provide the team of oxen. Twenty years later, Daniel Lindsay
Russell, Sr was one of the wealthiest men of North Carolina, having
made his fortune in naval stores and turpentine
distilling.
His first wife, Caroline Elizabeth Sanders, was the daughter of David
Ward Sanders and Alice Mitchell of Onslow County. They had one child,
Daniel Lindsay Russell, Jr born in 1845 and a few months thereafter
Caroline Elizabeth died.
About 1847, Daniel, Sr remarried to Olivia Grist. They had three
children: Thomas B (born Nov 1848), Mary Williams Russell (born 13 jan
1850) and David S Russell (born 27 Jan 1852).
Mary Williams Russell married William James Harriss Bellamy, a
Wilmington physician.
