BASSNIGHT, LEMUEL
State of North Carolina
Tyrrell County
Dated 2 Feby 1833
In the name of God amen: I Lemuel Bassnight of the County of Tyrell and State of No Ca being of sound and disposing mind and memory, do make and publish this my last will and testament in writing as follows:---
First - It is my will and desire that my body be decently interred according to the discretion of my executrix and executors hereinafter named, and of such worldy estate as it hath pleased God to bless me with, I dispose of in manner and form following.---
In the first place I loan to my wife Polly during the term of her natural life, the land and plantation whereon I now live containing one hundred and ninety acres on the North side of the road, and after her death I give and devise the sd. tract of land to my three sons, Benj, Wm and Lemuel to be divided between them in the following manner that is to say, one third of the whole number of acres to Benj. another third to Wm. and the other third to Lemuel the third of Lemuels to include the dwelling house and buildings, it being my intent and meaning that each of my sons shall have one third of the whole quantity of acres of said land without respect to value.--
Secondly - I give and bequeath to my said wife the sum of five hundred dollars for the purpose of furnishing herself and family with provisions for one year---
Thirdly - I give and bequeath to my executrix & executor hereinafter named the sum of one thousand dollars in trust that they shall annually pay the lawful interest thereof to my daughter Lois Swain wife of Lovick Swain during the term of her and her husbands joint lives, which payment is to be made to her as if she was a feme sole and is for her sole use, separate and apart from her husband the said Lovick, and he shall have no control over it, and her receipt shall be a sufficient discharge for the annual interest of the said sum; and should my said daughter Lois Swain survive her husband then I direct the said principal sum of one thousand dollars to be paid over to her for her own use forever, but if she should die before her said husband then I direct the said sum of money to be paid over to the children of the said Lois that may survive her.
Fourthly - I give and bequeath to my executrix & executor hereinafter named the sum of one thousand dollars in trust that they shall annually pay the lawful interest thereof to my daughter Minerva wife of Hardy Alexander during the term of her and her said husbands joint lives; which payment is to be made to her as if she was a feme sole and if for the sole and separate use; separate and apart form her husband the said Hardy; and he shall have no control and authority over the same, and her receipt shall be a sufficient discharge for the annual interest of the said sum from time to time; and should my said daughter Minerva survive her husband, then I direct the said principle sum of one thousand dollars to be paid to her for her use forever but if she should die before her said husband, then I direct the said sum of money to be paid over to the children of the said Minerva that may survive her, upon such child or children attaining the age of twenty one years, but should none of them attain that age, or die having no children, then I direct the said sum of one thousand dollars to be divided amongst my descendents according to the law of distribution in North Carolina.---
Fifthly - I give, bequeath and devise all the residue and remainder of my estate whether real or personal or mixed to be equally divided share and share alike between my wife Polly and children Miranda Weskett, Mariah Combs, Phoebe Ann Bassnight, Benj. Bassnight, Wm. Bassnight, Sarah Bassnight and Leml. Basnight, to them and their heirs and assigns forever, but before the division thereof I direct that the sum of five hundred dollars be set apart, which I direct to be equally divided amongst my five youngest children, being one hundred dollars to each for the purpose of aiding their education.---
Sixthly - It is my will and desire and I hereby direct, that if either or any of my five youngest children last mentioned die before arriving to the age of twenty one years, or marrying that their share child & children so dying may have been entitled to under this will shall be equally divided amongst the survivors of my said five youngest children, and so continue to be and upon the death of any or either of them as will the original share as those acquired by succession under this clause until the whole shall fall upon the last surviving child of the said five youngest children.---
Lastly - I hereby nominate and appoint my wife Polly executrix and my son in law Jeremiah Weskett and Jno. H. Combs executors to this my last will and testament, hereby revoking all others by me heretofore made. In witness whereof I have hereto set my hand and seal at Tyrell County this 25th July 1837.
Lemuel (his -x- mark) Bassnight (Seal)
Signed, Sealed, Published and Declared by the
testator Lemuel Bassnight
as and for his last will and testament
in our presence who at the request of
said testator hereto set our names
as witnesses in his presence.
H. G. Spruill
Jos. Alexander
State of North Carolina
Tyrrell County
Jany Term 1839
This will was exhibited in open court and duly proved by the oaths of H. G. Spruill and Jos. Alexander the subscribing witness thereto and ordered to be recorded -
Jos. Halsy Clk.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1843
Account sales of Lemuel Basnight's negro hire for 1843 was returned.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.06), Box 6
Basnight, Lemuel, 1838
Bond dated 22 Apr 1839 in the amount of $25,000 appointing Mary Basnight guardian of Phebe Ann, Benj., William, Sarah & Lemuel
Basnight orpans of Lemuel Basnight deceased, Jeremiah Weskett, William Mann & Jos. Alexander securities.
Petition October Term 1839 by Mary Basnight & Jeremiah Weskett, executor and executrix of Lemuel Basnight deceased, John
Combs and his wife Mariah, Franklin & Frances Weskett infants under the age of 21 years by their father and next friend
Jeremiah Weskett who show that Lemuel Basnight departed this life on or about 26 Nov 1838 having duly made and published his
last will and testament. According to said will your petitioner Mary, John Combs in right of his wife Mariah in right
of said Mariah and Franklin & Frances Weskett in right of their deceased mother Miranda Weskett are all three each
entitled to one eighth of the slaves belonging to the estate of Lemuel Basnight and are entitled to have their respective shares
alloted and set apart. Petitioners pray for a court order to set apart their shares in said slaves.
Valuation and laying off of their share of the slaves of Lemuel Basnight deceased on 25 Dec 1839 to Mary Basnight, widow of
Leml. Basnight, and to Jeremiah Weskett in right of his wife Miranda, and John H. Combs in right of his wife
Maria, daughters of the said Lemuel Basnight deceased.
| Valuation of Negro Slaves |
|---|
| Negro man Job | $700 | Bridget | $1
|
| " " David | $800 | Avey | $50
|
| " " Tom | $450 | Lettuce | $50
|
| " " Merick | $700 | Clarissa Sr. | $500
|
| " " Robert | $750 | Sally S. | $500
|
| " " Samuel | $200 | Sally L. | $525
|
| " " George Sr. | $300 | Grace | $500
|
| " " March | $600 | Caroline Sr. | $450
|
| " " Banister | $700 | Peggy | $500
|
| Boy " Nichodemus | $550 | Clarissa Jr. | $400
|
| " " Wilson | $500 | Elsey | $500
|
| " " Jeremiah | $400 | Chloe | $350
|
| " " Ned | $400 | Mavy | $200
|
| " " Gilbert | $350 | Sabra | $225
|
| " " Jordan | $450 | Tamer | $150
|
| " " George Jr. | $325 | Martha | $125
|
| " " Bailey | $200 | Caroline Jr. | $75
|
| " " Daniel | $150 | | $5701
|
| " " Truxton | $150 | | $8750
|
| " " Nelson | $100 | | $13851
|
| " " | $8750 | Each Share | $1731.37 1/2
|
| " " | | There being 8 Shares |
|
We place them in the following lots -
| Lot No. 1 | | Lot No. 2 |
|---|
| Job | $700 | | David | $800
|
| Clarissa Sr. | $500 | | Sally L. | $525
|
| Gilbert | $350 | | George Jr. | $300
|
| Lettuce | $50 | | Bridget | $1
|
| Chloe | $350 | | Caroline Jr. | $75
|
| | $1950 | | | $1701
|
| Over | $218.62 1/2 | | Under | $30.37 1/2
|
| Lot No. 3 | | Lot No. 4 |
|---|
| Tom | $450 | | Merick | $700
|
| Peggy | $500 | | Sally S. | $500
|
| Wilson | $500 | | Jordan | $450
|
| Truxton | $150 | | Tamer | $150
|
| | $1600 | | | $1800
|
| Under | $131.37 1/2 | | Over | $68.62 1/2
|
| Lot No. 5 | | Lot No. 6 |
|---|
| Samuel | $200 | | George Sr. | $300
|
| Robert | $750 | | Nichodemus | $550
|
| Clarissa Jr. | $400 | | Elsey | $500
|
| Bailey | $200 | | Daniel | $150
|
| Avey | $50 | | Sabra | $225
|
| | $1600 | | | $1725
|
| Under | $131.37 1/2 | | Under | $6.37 1/2
|
| Lot No. 7 | | Lot No. 8 |
|---|
| March | $600 | | Banister | $700
|
| Grace | $500 | | Caroline Sr. | $450
|
| Jeremiah | $400 | | Ned | $400
|
| Nelson | $100 | | Martha | $125
|
| Mavy | $350 | | | $1675
|
| | $1800 | | |
|
| Over | $68.62 1/2 | | Under | $56.37 1/2
|
Lot No. 3 is alloted to Mary Basnight.
Lot No. 2 is alloted to Miranda Weskett's heirs.
Lot No. 5 is alloted to Maria Combs.
Heirs whose names are not drawn have to pay $131.37 1/2 to Mary Basnight, $30.37 1/3 to Miranda Weskett's heirs and
$131.37 1/2 to Maria Combs.
Commissioners are H. G. Spruill, John McClees, Jos. Alexander, John Sanderson & Wm. Mann.
Petition April Term 1840 by Jeremiah Weskett & Mary Basnight executor and executrix of Lemuel Basnight deceased, who became
security of Washington Owens to a bond for the guardianship of William D. Melson, orphan, and said Washington has now
removed to Currituck County. Petitioners are concerned that the estate of their testator is in danger by reason of having become security
for the estate of said orphan. They pray that a summons be issued for Washington Owens to appear at court on the 4th Monday in July next
and that he be compelled to give sufficient or other securities or to deliver up the estate or that such other order be made that is
according to law. (Another copy of the petition gives the orphan's name as William D. Mercer.
Petition January Term 1841 by Mary Basnight guardian to Phebe Ann, Sarah, Benjamin, William & Lemuel Basnight children of
Lemuel Basnight deceased. Her wards, who are infants of tender years, are owners in equal proportion of a negro man slave named
George who is about fifty years of age and has already become a charge to her ward's estate and is likely to continue. Prays that
the court will order a sale of said negro.
Summons dated 23 Jan 1841 for Jeremiah Weskett & Mary Basnight, executor & executrix of Lemuel Basnight deceased to appear in
court on 26 Jan 1841 to answer the complaint of Foster Belangy of debt in the sum of twenty five dollars. Judgement issued in favor
of Belangy. Appeal craved and granted with William Morris security.
Petition October Term 1841 by William Basnight, Benjemin Basnight & Lemuel Basnight infants of tender years and children of
Lemuel Basnight by their next friend John McLees who show that Lemuel Basnight's will gave his wife the plantation upon
which he lived containing 100 or more acres on the north side of the road for his wife's natural life, then it was to descend to his three
sons, Benj., Wm. & Lemuel in equal shares with the dwelling and building house going to Lemuel. Said wife is now dead and
petitioners pray the court order a division agreeable to the terms of said will.
Division of 205 acres of land belonging to the estate of Lemuel Basnight deceased among his three sons, Benjamin, William &
Lemuel on 20 Jan 1842 by Jesse McClees, county surveyor, and , commissioners.
Bond dated 25 Jan 1842 in the amount of $30,000 appointing John McClees guardian of Phebe Ann, Sarah, Benj., Wm. & Lemuel
Basnight, Abner Alexander & Joseph McClees securities.
A summons dated the 4th Monday in April 1842 indicates that John McClees was administrator of the estate of Mary Basnight.
Petition October Term 1843 by Charles Shepard and wife Phebe Ann, late Basnight, and of Benja. Basnight, Wm.
Basnight, Lemuel Basnight & Sarah Basnight by their next friend who show that they are distributees of Lemuel
Basnight deceased. The petitioner Shepard and wife are entitled to one share of the perishable estate & moneys, notes, bonds and
accounts and the other petitioners the same. At the death of said Basnight or shortly thereafterward Polly Basnight became
the guardian of said Lemuel's children and took all his property, notes, bonds, accounts and monies into her possession, amounting to
$10,000 or some other large sum. Some time since that said Polly has died and Jno. McClees has administered on her estate
and has also become guardian to petitioners previous to the intermarriage of one of them with said Shepard. Said Shepard and wife
are anxious to get possession of their portion of the estate and the other petitioners to know what amount said McClees holds as their
guardian. They pray that an account may be taken and a division had.
Petition October Term 1843 by Charles Shepard and wife Phebe Ann, of Benjamin Basnight, Wm. Basnight, Lemuel Basnight &
Sarah Basnight, infants, by Jno. McLeese their guardian, who show that they are tenants in common of about 30 negro slaves. They
desire a division of said negro slaves so that each may have their respective shares in severalty and pray for a court order to do so.
Valuation of the 30 negro slaves belonging to the estate of Lemuel Basnight on 29 Dec 1843 and setting apart of the share of
Charles P. Shepard and wife, the rest to remain in joint stock. Total valuation was $8625, leaving $1725 per share. Lot 2 was drawn
consisting of the following slaves and their valuation:
Mirica - $450
Gilberd - $400
Eliza - $350
Simon - $75
Tamer - $225
Caroline - $250
Total valuation of $1750 and they owe the other heirs $25.
Petition October Term 1846 by Benjamin Basnight, Sarah Basnight, William Basnight & Lemuel Basnight by their guardian show that they
are tenants in common of about 20 negroes and are each entitled to one share. They are desirous of having a division made of said slaves so
that each may have their respective shares in severalty. Pray a court order to do so.
Division of Lemuel Basnight's negroes on 28 Dec 1846 by Jos. Alexander, James Pledger & Benjamin Spruill. Slaves are valued
at $8313 and divided into four shares at $2078.25.
Lot No. 1
Sabary - $425
Banister - $600
Clarrisa - $375
Truxton - $350
Job - $262
Total Value - $2012
No. 3 pays No. 1 - $66.25
Total Share - $2078.25
Lot No. 2
Nicodemus - $600
Pegga - $350
Tom - $275
Edward - $550
Cynthia & Benjamin - $325
Total Value - $2100
No. 2 pays No. 4 - $21.75
Total Share - $2078.25
Lot No. 3
Wilson - $600
Sally - $350
March - $300
Daniel - $300
Aaron - $250
Martha - $350
Total Value - $2150
No. 3 pays No. 1 - $66.25
No. 3 pays No. 4 - $5.50
Total Share - $2078.25
Lot No. 4
Jordan - $575
Chloe - $425
Jeremiah & Lettitia - $551
Nelson & Penny - $500
Total Value - $2051
No. 2 pays No. 4 - $21.75
Lot No. 3 pays No. 4 - $5.50
Total Share - $2078.25
Benjamin Basnight draws lot number four. {recepients of other lots not given}
Petition October Term 1848 by William Basnight, Lemuel Basnight & Sarah Basnight by their guardian John McClees. Petitioners
show that they are tenants in common of about 15 negroes which they inherited by the death of Lemuel Basnight Senior deceased. Petitioners
are desirous of a division of said negroes and allot one share to William Basnight in severalty with the other negros remaining in
common as before.
Summons dated the fourth Monday in July 1849 and issued 23 Jul 1849 for J. W. Parker, King Haskett, William Morris & John A. Brickhouse,
administrator of the goods and chattels of Jonathan Tweedy deceased, to appear in court on the fourth Monday in October next to answer unto
John McClees to the use of William Basnight of a plea that they render unto him the sum of $306.43 which they owe and unjustly
detain to his damage fifty dollars. Also note dated 6 Jun 1842 from the above defendants for $306.43.
Contract dated 1 Jan 1850 for the hire of a negro boy from John McClees, guardian to the heirs of Lemuel Basnight deceased
for one hundred and fifty four dollars by S. S. Simmons.
Summons dated the fourth Monday in January 1851 and issued 10 Apr 1851 for S. S. Simmons to appear in court on the fourth Monday in
April next to answer unto John McClees to the use of Jeremiah Whedbee of a plea that he render unto him the sum of one hundred
and fifty four dollars which he owes and unjustly detains to his damage one hundred dollars.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Jeremiah Weskett to Merenda Basnight on 16 Jan 1830, Joseph McKimey security; also
Lovick Swain to Lois Basnight on 5 Aug 1818, Eliakem Swain security; also Hardy Alexander to Minerva Bassnight on 19 Nov 1832, Ozias Roughton
security; also John H. Combs to Maria Bassnight on 20 Feb 1834, William Etheridge security; also Charles Shepherd to Phebe Ann Basnight on
30 Sep 1843, Benjamin Spruill security; also Benja. S. Basnight to Affa Liverman on 31 Mar 1855, Lemuel Basnight security (married 12 May 1855);
also Minerva Alexander to James B. Steely on 12 Oct 1840, B. B. Russel security.
There is also a Tyrrell County marriage bond for Jeremiah Whedby to Sarah P. Basnight on 26 Jan 1850, John Sanderson, security. Jeremiah H.
Whedbee appears in the 1850 census of Perquimans County, age 35, with Sarah L. Whedbee, age 21. There are no documents that confirm that this
Sarah Basnight who married Jeremiah H. Whedbee is Lemuel's daughter, but the January 1851 summons above indicates that it may be, with
Jeremiah Whedbee to receive proceeds of a suit from the guardian of Lemuel's children.
It appears Lemuel Basnight had more than one marriage. There is a Tyrrell County marriage bond for Lemuel Basnight to Mary Sikes dated
1 Jul 1822 with Z. Todd as security. She is likely the mother of Phebe Ann, Benjamin, William, Sarah & Lemuel. A warrant in 1833 in the estate
papers of Abel Sikes indicates that Lemuel's wife at that time was Mary Sikes.
For more information on Benjamin S. Basnight see his 1871 will.
The 1850 census of Tyrrell County shows the following households of interest:
Return to Tyrrell Co Wills Introduction & Table of Contents
Updated February 18, 2023
Gordon L. Basnight