State of North Carolina
Tyrrell County
Book 2 Page 158
Dated 30 October 1840
In the name of God Amen: I Holway Armstrong being sick but of sound mind and memory do make this my last will and testament. I commend my soul to God who gave it as to such worldly estate as the God who has blessed me with I dispose of as follows.
First - I lend to my beloved wife Charlotte the plantation that once belonged to Franklin Armstrong and two negroes folowing, Peter and Moses, during her life and widowhood, after the death or marriage of the said Charlotte I give the above described property to Benj. and Wm. Armstrong, them and their heirs forever -
I give to Nelson & Wilson Armstrong my sons the plantation I bought of Jos. Bateman to them and their heirs forever.
I give to Elliot Armstrong my son one hundred acres of land and one hundred acres of swamp joining, on South Fork Creek to him and his heirs, the swamp is called Opossum Island Swamp ---
I give to William and Benjamin Armstrong one hundred acres of land called White Oak Island to them and their heirs forever ---
I give to Benj. Wilson and Wm. Armstrong my sons three huncred acres of swamp land lying on the east side of Scuppernong river to them and their heirs forever.
All the rest of my property to be sold by my excutors and after paying all my just debts, the balance to be divid equally amongst all my heirs -
Lastly - I have faith in Silas Davenport and I do constitute and appoint him whole and sole excutor, not doubting he will do those I leave behind me justice, this is all I ask and I have no doubt but he will do justice, this October 30,1840.
Signd Seald and Acked to be his last will & testament he signing it an prscn and we the witness signd it in the prescn of each other & in pres of the testator.
A. Wail ( )
Thos. B. Myers ( Witness )
State of No Ca
Tyrell County Court of Pleas & qute sesan April 1841
Then was the due excution of the foregoing last will and testament of Holway Armstrong decd. was duly proven by the oath of Thos. B. Myers one of the subscribing witnesses thereto, and ordrd to be record - and thereupon Silas Davnprt the exctor therin named apperd and qualifid as excutor by taking the oath prescibed by law.
Test Jos. Halsy Clk.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.04), Box 4
Armstrong, Holleway, 1841
Note signed by H. Armstrong on 11 Nov 1840 promising to pay S. S. Simmons on order $160 for value received. The back of the note bears an assignment to J. J. Lindsey.
Summons dated 4 Jan 1841 for Holiway Armstrong to appear in court on the fourth Monday in January next to answer unto in a plea of debt in the amount of $160.09.
Appearance Bond of Holleway Armstrong dated 12 Jan 1841 in the amount of four hundred dollars to appear in court on the fourth Monday of the month to answer unto a writ at the instance of Jonathan J. Lindsey in a plea of debt, Thos. A. Clayton security.
Summons issued 4 Apr 1841 for Silas Davenport to appear at the July Term to answer the plea of J. J. Lindsey, said Silas Davenport having qualified as executor to the last will and testament of Holleway Armstrong at the April Term.
Bond dated 24 Apr 1841 in the amount of one thousand dollars appointing Charlotte Armstrong guardian to Wm. & Bennett Armstrong, Thos. B. Myers & Jones Armstrong securities.
Bond dated 25 Jan 1842 in the amount of five hundred dollars appointing David Clayton guardian to Wilson Armstrong, Saml. Rogers & J. L. Jones securities.
Undated petition to the Superior Court by Bennett Armstrong, Elliott Armstrong, Nelson Armstrong, Wilson Armstrong & Mary Furlough who state that H. Armstrong died sometime in the year 184[blank] seized in fee of certain lands. The said H. Armstrong left a last will and testament that was duly admitted to probate and recorded at April Term 1841 of the Court of Pleas & Quarter Sessions. In it he gave the following lands, to wit; one tract known as the Franklin Armstrong tract; another tract known as the White Oak Island tract containing 100 acres; and one other tract of swamp land lying on the east side of Scuppernong River containing 300 acres to your petitioner, Bennett Armstrong, and W. B. Armstrong and their heirs. Sometime during the year 187[blank] the said W. B. Armstrong died intestate leaving as his heirs at law all the above named petitioners. Petitioner and the said W. B. Armstrong were tenants in common in the above described lands and your petitioner Bennett Armstrong is therefore owner in fee of one half of the said land and he with the other petitioners are tenants in common in the one half of said lands which belonged to W. B. Armstrong deceased. Said land has never been divided and your petitioner, Bennet Armstrong and all the other petitioners are anxious to have their part of said land in severalty. Petitioners pray the court to summon commissioners to view said land and divide it among them according to their respective rights.
Undated order by the Superior Court appointing John Liverman, Alfred Alexander, Whiting Tarkenton, James I. Ansley & William White Junr. commissioners to divide the lands described in the petition. First, they are to allot to Bennett Armstrong one half of all the said lands; and second they are to equally divide the other half of said lands between Bennett Armstrong, Elliott Armstrong, Nelson Armstrong, Wilson Armstrong & Mary Furlaugh alloting one share of said one half of said lands in severalty. If an equal division can't be otherwise effected then they are to charge the more valuable dividends with such sums as they shall judge just and proper.
Transcriber's Notes:
Comparing estate papers to the will, it appears that Benjamin and Bennett are one and the same person. A check of the original will confirms that Benjamin was named used therein.
The 1840 census shows Hol. Armstrong (50-60) with one male 15-20, two males 5-10, one male 0-5, one female 30-40, one female 20-30, one female 15-20 and one female 5-10.
The 1850 census shows the household of Charlotte Armstrong (42) with William Armstrong (20), Bennett Armstrong (18), Mary Armstrong (17) and Holloway Armstrong (13); also, Nelson Armstrong (30) appears as a laborer in the household of Jones D. Armstrong (32) with Priscilla Spruill (36), Mary Armstrong (17), and Jordan Armstrong (13); also the household of Elliot Armstrong (33) with Abigail Armstrong (53) and Mary Boyd (16).
The 1870 census shows the household of William B. Armstrong (39) with Frances Armstrong (30) and Charlotte Armstrong (62); also the household of Bennett Armstrong (35) with Edna Armstrong (28), Isabella Armstrong (5) and Florida Armstrong (11/12); also the household of Wilson Armstrong (45) with Nancy H. Armstrong (51); also the household of Elliott Armstrong (53) with Abagail Armstrong (74); also the household of Levy Furlaugh (35) with Mary Furlaugh (36), Frances Furlaugh (13), William Furlaugh (9), Stephen Furlaugh (7) and Warren Furlaugh (13).
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