Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Wills & Estates

Each shall have possession during his or her lifetime.

Be it remembered that I Zion Reid of Wayne County in the State of N.C. being of sound mind and memory, but being well aware of the uncertainty of this life, do hereby make this my last Will and testament

After the payment of my just debts and funeral expenses I bequeath and devise as follows. My wife Lucy Reid should she be the longest lived shall have full control of my property during her life and then all my land shall be equally divided among my children or their lawful heirs: provided that Billie and Zion Jr. shall each have eight acres of Land lying around the home and then an equal division with the other of the remainder. Of my other property in whatever it may consist Billie and Zion Jr. shall each have $150.00 Julius $100 and Bryant Smith $50.00 and James $10.00 after this each one of my children except Julius shall share equally in the remaining that I further devise that no one of the children have power to sell or in any way encumber any prt or parcel of said land. That each shall have possession during his or her life then the same shall be held only by his or her lawfull heirs during their life &c. James shall only be subject to hold that part allotted if his family be agreeable to the other children and neighbors. I further direct that my son Isaac and E.E. Smith shall be administrators of the estate.    /s/ Zion Reid

Signed in the presence of us who at his request and in his presence do hereby subscribe our names as witnesses thereto  Witness J.F. Dobson, J.A. Washington.

[Proved 3 December 1890.] Will Book 1, page 539. Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

I ordain that my wife and seven children shall be free.

In the name of God, amen, I Abraham Jones of the County of Anson in the State of North Carolina, farmer, being very Sick and weak in body, but of Perfect mind and memory, thanks be given to God; calling unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and Testament; that is to say, principally and first of all, I give and recommend my Soul into the hand of Almighty god that gave it, and my body I recommend to the earth to be buried in decent Christian burial, at the discretion of my executors; nothing doubting but at the General Resurrection, I shall receive the same again by the mighty power of God, and as touching such Worldly estate wherewith it hath pleased God to bless, me in this life, I give, demise, and dispose of in the following manner.

And first of all as my wife Lydia was the purchase of my money: lest any person should after my death take advantage of my family to indeavor to bring them into bondage, I do hereby will Ordain and Establish that my wife Lyddia, and Seven Children which she hath had by me which she hath had by me which I own as the offspring of my body, viz Isaac, Jacob, John, Thomas, Abraham, Lewis, and Sucy Shall be free from any slavery servitude bondage or any incomberance whatsoever as touching anything that might arise from the adore sd purchase of my wife Lyddia, and I do hereby release relieve and diliver them and each of them, from any claim or demand whatsoever of any person or persons claiming under any right or title from me  ___ otherwise giving them their freedom and that forever. And as to the division and distribution of Lands and other property I demise in the following manner.

I will and bequeath to my son, Isaac the sum of thirty Shillings Sterling, money of South Carolina, I will and bequeath unto my son Jacob fifty Acres of land where he now lives to be so laid off as not to cross the Big branch it to include his house where he now lives.

I will and bequeath to my daughter Suckey one horse of the value of twenty pounds N.C. Currency a side sadle, and one Cow and Calf to e delivered to her  in two years after my death.

I will and bequth unto my beloved wife Lyddia, all my moveable property, together with the use and full possession of the remaining Part of my land, to wit 200 acres (to have the sole command of all my Real and personal Estate) after my Lawful debts are paid) during her life or Widdowhood

I will and bequth unto my Children, viz John, Thomas, Abraham, Lewis, and Suckey, at the death or marriage of my wife, an Equal division of all my moveable Estate, and the land to be divided equally amongst my sons, John, Thomas, Abraham and Lewis, and lastly I appoint, my wife and my trusty friend Stephen Thomas as my sold Executrix and executor, establishing this my last will and testament disannulling all other wills and bequests whatsoever                  Abraham X Jones

Signed pronounced Sealed and established in the presence of us

Frame Woods, John X Martin, Benjamin X Thomas

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State of North Carolina

Anson County          July Court 1805

Then the within will was duly proved in open court by the oath of Benj. Hinson one of the witnesses thereto and Ordered to be recorded    Ted Robinson Clk

Will Book 2, page 77-78. Office of Clerk of Superior Court, Anson County Courthouse, Wadesboro.

Abraham Jones appears in the 1790 census of Anson County as the head of a household of nine free people of color.

Notice of estate.

NOTICE.

The subscriber having qualified as Administrator of the Estate of John Jackson, deceased, a free man of colour; all persons indebted to the Estate are requested to make payment immediately and those having claims to present their accounts properly attested for payment.  THEOPHILUS HUNTER, Adm’r.

Wake county, June 6.

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State of North-Carolina, Wake county  }       May Sessions, 1807.

A PAPER purporting to contain the nuncupative last Will of John Jackson, deceased, a man of colour, was exhibited to open Court, for probate and it being suggested that the relatives of John Jackson (if any) are not inhabitants of this state: It is therefore ordered, the publication be made in the Minerva for three months, notifying such relatives, that the Court will proceed at the next term to pass upon the probate of the said Will,

Copy from the minutes, WM. HILL, Clk

Raleigh Minerva, 11 June 1807.

William Burnett’s estate.

William Burnett died 2 May 1881.  His estate was opened in May 1881 by administrator A.K. Smedes and, at final account, was valued at $1049.84.  Items removed from the rooms Burnett kept over J.N. Edwards’ store in Goldsboro included a barber chair and rest, a barber pole, four spittoons, two looking glasses, a pistol, and various items of furniture.  He also had two lots on Pine Street.  The estate file contains considerable information about Burnett’s family, which sued Smedes over his handling of the estate.  Burnett died without a widow, children or grandchildren.  Heirs were his sisters Mary Nixon, Betsy Burk, Elizabeth Burnett and Eliza Burden; nieces Delitha Burnett and Melitha Arnold, Amy Anne Stevens and Mary J. Dortch; and Susan Burnett. (Her relationship to William is not specified, and ultimately she did not receive a share of the estate.)  Brothers-in-law mentioned in the documents were George A. Burden, Solomon Hill, Geo. Arnold, and Whitt Dortch.  Also mentioned, William’s mother Elizabeth Burnett.

Estate Records, Wayne County Records, North Carolina State Archives.

Tools and poultry.

State of North Carolina, Wayne County    }   I, Zilphy Wilson, of the County and State, aforesaid begin of sound mind and memory, but considering the uncertainty of my earthly existence to make and declare this my last Will and Testament in manner and form following, that is to say: — That my Executor hereinafter named shall provide for my body a decent burial, suitable to the wishes of my relations and friends, and pay all funeral expenses together with my just debts out of the first money that may come into his hands as a part or parcel of my estate.

Item 1. I give and bequeath to my daughter Bettie Reid 7 acres of land to be cut off the North East corner of the tract of land on which I now reside for and during her natural life, and after her death to be equally divided between all of her children that she may have now, or may have living at the time of her death, the said Bettie Reid not to have possession of said Land until the debts against my estate are paid.

Item 2. I give devise and bequeath to my son Adam Wilson and my daughter Vicey Wilson, share and share alike all of the tract of Land on which I now live, with the exception of the seven acres given away in Item first of this will, with all the priviledges and appertances thereunto belonging for and during their natural like, should they both have heirs, then they to have their mother & Father part, and should Adam or Vicey only one of them leave heirs, then and in that case I give said land to the surviving hairs of that one to them and their heirs in the fee simple forever.

Item 3. I give and devise unto my son Adam Wilson and Vicy Wilson, share and share alike, all of my Household and Kichen furniture of every description Farming implements of every description, Tools of Mechanics &c &c, Stocks of all kinds, and all the poultry of kind to them and their heirs in fee simple forever.

Item 4. It is my will and I so direct, that my son Adam Wilson to retain possession of the whole of my land at yearly rental of seven hundred lbs. of lint cotton which is to be applied to the payment of the debts against my estate, as soon as said debts are paid, I direct that Bettie Reid be put in possession of the seven acres of land given to her in a former Item of this Will. I also desire that my daughter Bettie Reed become an equal heir in my household and kitchen furniture with my son Adam and daughter Vicey.   Changes made in Zilphia Wilson’s Will Oct[?] 4, 1893

Item 5. I give and devise unto William and Jonah Wilson children of William Wilson Sixty dollars to be paid to them when they arrive at lawful age.

Item 6. I give and devise unto Johney, Lominary, Levy, Laronzo Locus, Children Louisa Locus Sixty dollars to be paid to them as they arrive at lawful age.

Item 7. It is my will and so direct that the Legacies mentioned in Items 5 & 6 of this Will be assessed by my son Adam and my Daughter Vicy Wilson, and I direct that they pay to each one of the above mentioned heirs, as they arrive of lawful age their proportionable part of said Legacies with interest on the same from the time the debts of the estate are settled.

Lastly, I hereby constitute and appoint my brother Jonah Williams and my son Adam Wilson Executors to this my last Will and Testament, hereby revoking all the Wills heretofore made by me.    Zilphy X Wilson

Signed and sealed in the presence of Fred I. Becton and Thomas Artis, who witnessed the same at her request.  /s/ Richard H. Battle, Fred I. Becton

[Proved 17 December 1902.] Will Book 2, page 421. Register of Deeds Office, Wayne County Courthouse, Goldsboro.

In the 1850 census of Bull Head, Greene County: Vicy Artess with children Zilpha, Louis, Jonah, Jethro, and Richard Artis.  Next door, Vicey’s children Adam, Charity and Jane  Artess in the household of Silas Bryant.  

In the 1860 census of Davis, Wayne County: carpenter Jack Wilson, wife Zilpha, and two unnamed “infants.”  Jack reported $500 personal property, $300 real property, and the family lived very near Zilpha’s mother, Vicey Artis. 

Being in a slow state of health.

In the Name God Amen

I Tamsey Gandy of the County Wayne and State of North Carolina being in slow State of Health but of Sound mind and memory blessed be god for the Same Calling to mind the certainty of death, I make & publish this my last will and Testament in manner and form following Viz I give and bequeath unto my Son Henderson Gandy my bed bedstead and necessary furniture, and Red chest and all my clothes and Spun Cotton. I leave the rest of my property to be Sold by my Executor and money arising there from I leave to my Son Anderson Gandy.

I leave my Worthy friend Robert Williams my Executor to this my last will and Testament revoaking all other Wills by me made. April 28th in the year of our Lord one thousand eight hundred and forty two whereof I have hereunto set my hand and affixed my seal    Tansey X Gandy

Signed sealed and published in the presence of William Lewis

The will was proved at May Term 1842. Recording Docket Book 8, p. 309. Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

Tamsey Gandy’s estate was sold on 15 August 1842 and brought in $41.33 ¼.  Purchasers included Theo. Seaberry and Offie Seaberry (probably the same man, Theophilus Seaberry), but were primarily white neighbors. Though she could not write (or, presumably, read), Tamsey’s estate included “1 Lot Books.” Recording Docket Book 8, p. 355-356. Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

Edward Gandy named his daughter Tamsey Gandy as a beneficiary in his 23 July 1823 will filed in Nash County. Will Book 1, page 291, Office of the Clerk of Superior Court, Nash County Courthouse, Nashville. In 1809, the surname of Tamsey Whiddon and her siblings Griffin, Brinkley and Elizabeth was changed to Gandy, and they were “legitimated.” North Carolina General Assembly, 1809 Session Laws, Chapter CXXVIII, page 40.

I give as a legacy.

This Dec. the 28 1911

State of N.C. County of Wayne

I Adam T. Artis of aforesaid State and County being of sound mind considering the uncertainty of life I hereby constitute and declare this to be my last will and Testament.

Item 1. I hereby constitute and appoint my friend S.S. Strother to execute this my last will.

Item 2. My executor shall prepare a decent burial for my body suitable to the wishes of my relatives and friends and pay for the same out of the first money that comes into his hands together with all my just debts.

Item 3. For the love and affection I have for my wife Katie Artis I give and bequeath unto her about 18 acres [illegible] of the Thompson Tract of land as widow dower [illegible] life together with all appurtenances thereto, I also give and bequeath unto said wife Katie all of my Household and Kitchen furniture with all other personal property belonging unto me to have and to hold during her natural life.

Item 4. I give as a Legacy unto my son Pinkney Artis $100.00 One hundred Dollars.

Item 5. I give unto my son June Scott Artis Ten Dollars for his full share of my property.

Item 6. I give unto my son Henry Artis Ten Dollars for his full share of my property.

Item 7. I give unto my son Columbus Artis Ten Dollars for his full share of my property.

Item 8. I give unto my son William Artis Five Dollars for his full share of my property.

Item 9. I give unto my son Walter Artis Five Dollars for his full share of my property.

Item 10. I give unto my daughter Josephine Artis Sherard Fifteen Dollars for her full share of my property.

Item 11. I give unto my son Robert Artis Five Dollars for his full share of my property.

Item 12. My executor shall sell the balance of my land after my death and pay over to my children the Items I have give to them and what is left shall be paid over to, in equal shares, Vicey Aldridge, Liza Everet, Augustus K. Artis, Georgana Reid, Mary Jane Artis, Emma D. Locus, Ida Reid, Lillie Thompson, Napoleon Artis, Haywood Artis, Addie Artis, Annie Artis, Alberta Artis, Jesse Artis, and at the death of my wife Katie the property I gave to her shall be equally divided between the 12 above named heirs, that are not limited.   Testator – Adam X Artis.

Witness W.F. Lewis, J.J. Coley, J.E. Exum

Proved 1 May 1919. Will Book 4, page 398. Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

[Sidenote: Adam Artis bought and sold hundreds of acres near present-day Eureka in northern Wayne County.  He outlived four wives (Winnie Coley, Lucinda Jones, Frances Seaberry, and Amanda Aldridge) and at least five of his children (Cain, Caroline, Adam jr., Emma, and Louetta). Son Noah is the only child not mentioned in his father’s will. Josephine A. Sherrod, Adam’s longest-lived child, died in 1988. –LYH]

Dempsey Reid’s estate settlement.

Inventory of the Estate of Dempsey Read dec’d taken 21st May 1850

Cash on hand at the time of his death Twenty five 85/100 dollars $25.85. One Note on Council Best for four 80/100 due the 4th April 1849. Bad debts – one note on James Mathews for $2.00 due 6th October 1847, on d’o on Stephen Pettiford for $5.00 due 18th November 1848, One account on James Pettiford for $1.50    Aug Co 1850   /s/ Jesse Coleman adm’r.

Jesse Coleman filed an account of the sale of Dempsey Reed’s property. The buyers included Tabitha Read, John Read, Wash. Read, Rhody Read, Benj. Read, Absalom Artis, Zion Read, Nelson Row, Jane Read, Dave, Dempsy Hall, Waty Locus, and a smattering of white neighbors. The sale netted $98.50.  Recording Docket Book 10, pages 434-435, Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

In the settlement of Dempsey Read’s estate, Jesse Coleman paid Pearcy Read $2.50, plus 38 cents interest, on 16 July 1850; and $9.50, plus 57 cents interest, each to Patsey Read, Lila Read and Barna Read on 19 November 1850. Recording Docket Book 11, pp. 163-164, Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

In the 1850 mortality schedule of Wayne County: Dempsey Read, age 70, black, free, hatter, died in March of unknown causes. 

[Sidenote: The relationships among the Reids are not clear. As reported in the 1840 census of Wayne County, Dempsey Reid lived alone. He may not have had a wife or children.  Other Reid heads of household were Allen Reed, Barna Reed (the one above?), Bytha Reed, Bytha Reed and Rhoda Reed.  Pearcy Reid, above, born about 1825, was the daughter of Allen and Sarah “Sally” Reid. Tabitha “Bitha” Reid was married to an enslaved man named Raiford.  They had no known children Rhoda Reid’s husband, David — “Dave,” above — was also enslaved. Their children were Tabitha Reid (one of the Bythas, above, born ca. 1811), Melvina Reid Artis (ca. 1813), Zion Reid (ca. 1815), Washington Reid (ca. 1818), John Reid (ca. 1822), Martha “Patsey” Reid Hall (married to Dempsey Hall above, ca. 1824), Isaac Reid (ca. 1828) and Benjamin Reid (ca. 1831). — LYH]

Burnett shares his estate.

In the name of God, Amen, I David Burnett of the County of Cumberland & State of North Carolina being of Sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make or ordain publish and declare this to be my last Will and testament, That it to say, first that after all my lawful debts are paid and discharged, the residue of my estate real & personal I give bequeath and dispose of as follows to wit: to my beloved wife Jane Burnett the land and appurtenances, whereon I now live located in 71st Township in the County of Cumberland & State of North Carolina during her natural life, and after her death to be equally divided among my daughters, Mary Catherine, Elisabeth Ann, Sarah Elisa, Laura Columbia, Amanda Carolina & Sudy Jane, To my wife Jane & my daughter Sarah Elisa, I give and bequeath my horse, To my daughter I give bequeath (Mary Cathrine) all my stock of Cattle, To my wife & Sarah Elisa I give and bequeath all my hogs, to my son John Henry Five dollars in money & my wearing apperall, if I should have any left; I give bequeath & devise all the rest & residue & remainder of my personal effects to my wife and daughters Like wise I make contribute and appoint my friend Daniel C. Munroe of 71st Township in the County of Cumberland & State of North Carolina to be my executor of this my last will & testament hereby revoking all former wills made by me, In witness whereof I have known to subscribed my name and affixed my seal the second day of December AD 1872  David X Burnett

Witness Wm. John X Chavers, D. McDugald

Proved 19 January 1884. Will Book E, Page 331, Register of Deeds Office, Cumberland County, Fayetteville.

Image

On 12 December 1884, David Burnett’s executor, Daniel C. Monroe, filed a petition to sell lands for assets.  Neill R. Blue, Alexander McKethan, John A. Monroe, Jane Burnett (widow), Mary Manuel, Catharine Burnett, Elizabeth Ann Chavers, Sarah Eliza Oxendine, Laura Columbia Williams, Amanda Carolina Burnett and Lundy Jane Burnett, minors, and John Burnett were named as defendants. Monroe noted that Burnett’s debts were about $250; that his personal estate had no value and was insufficient to set off a one-year widow’s allowance; that Burnett’s real property consisted of two tracts received from his father Jesse Burnett, totaling 150 acres, and located on Middle Creek between Buies Creek and Little Rockfish and between Little Rockfish and Middle Creek in 71st township; that Burnett’s widow Jane remained in his dwelling house on said tracts; that there were various claims on parts of the tracts; and that all the defendants lived in Cumberland County. Other documents listed Burnett’s widow as “Jennette” Burnett and identified his daughter’s husbands as Jacob Manuel, William Chavers and Alexander Oxendine. Executors released and quitclaimed the 25 acres above to the widow and heirs.  It contained a house and a graveyard.

From the file of David Burnett, Cumberland County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

In the 1860 census of Western Division, Cumberland County: David Burnett, 42, farmer, wife Jane, and children Mary, 12, Elizabeth, 10, Sarah, 9, John, 4, and Laura, 4 months. Next door: Jesse  Burnett, 70, and wife Elizabeth Burnett,72.

Twelve acres lying east of the cross fence.

State of N. Carolina, Wayne County, March 31st 1884.

Know all men by these presents that I Itey Simmons being of sound mind and frail in body, knowing the uncertainty of life, and the certainty of Death and desiring to arrange my worldly affairs while I live – do make this my last will and testament  —

Item I. I commit my soul to God and my body to the Grave. I desire to be decently and plainly buried, and the expenses of my burial to be paid first out of any money I may have or the first that may be raised out of the proceeds of my property.

Item II. I give to my Grand-daughter Sarah Simmons, my cow and yearling.

Item III. I give in fee simple to my daughter in law Sally Winn widow of my deceased son David Simmons: Twelve acres of land, lying East of the cross fence between my house and hers, and next around and including the house where she is living, to be surveyed and marked only by competent Surveyor, under supervision of my Ex’r or Admin.

Item IV. I order all other property which I may possess of whatever nature Real and Personal, not otherwise provided for in this Will to be sold and converted into money, as promptly as the best interest of my Estate will allow or require: and then: my burial expences above refered to, and any just and legal debts I owe, being paid, I order –

Item V. That the sum of one hundred Dollars shall be appropriated out of the proceeds of my Estate, and given my Great Grand Child Julia Jordan. My executor is requested to see that this money is safely invested, and the interest or profit from the same used for her benefit. The principal to be reserved until her majority; unless absolutely required for her necessities or her best interest before hand –

Item VI. The balance of money now remaining after above I bequest I order to be divided into three equal parts – and to be given one part to my Grand Daughter Maria Thompson one part to my Grand daughters Sarah Simmons and Gustus Greenfield equally and the other part to my son Moses Simmons, if he living, is [sic] he is dead, and leaves no legal heirs of his body, Then this part bequeathed to Moses Simmons shall be divided one half to Maria Thompson and balance between Sarah Simmons and Gustus Greenfield, my Grand-daughters above mentioned.

Item VII. I assign David W. Kelly my Executor to this my last will and Testament as witness to all of which I hereunto set my hand and seal. This day and date as above written, Itey X Simmons {seal]

Signed and sealed In presence of J.F. Oliver, S.J. Kelly

Wayne County Will Book 1, Page 255, Wills, North Carolina State Archives.