Wills & Estates | Fourth Generation Inclusive

May 7, 2013

To a poplar standing in the Cornfield Branch.

State of North Carolina, Edgecombe County } Agreeably to an order of Edgecombe County Court February Term 1834 to us directed as commissioners appointed to [illegible] the Estate of Miles Read dec’d & to lay off and allot unto Nancy Read the Widow of said Dec’d. Such part of the Crop Stock and provisions as we may conceive necessary and adaquate for the support of her self and family for one year &c

Report – All have this day met on the premises and after viewing said Estate have alloted to the Said Widow (viz) forty Barrels of Corn, twelve hundred pounds of bacon, three thousand pounds of blade fodder – all of the wheat on hand Eight bushels of peas – Seventy five pounds of picked cotton, two hundred handfuls of flax – five gallons of brandy – all the Wool on hand – One cow – hur Choice one bed and its necessary furniture, and one wheel and pair of cards.

Given under our hands and Seals this 17^th day of March 1834. /s/ Peter Hines, John Ritter, Elijah Harrell, James Barron, Turner Bynum JP

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State of North Carolina, Edgecombe County } Agreeably to an order of Edgecombe County Court February Term 1834 Directed to the Sheriff of Said County commanding of him to Summons a Jury of good and lawfull men of his County to lay off and allot unto Nancy Read Widow of Miles Read dec’d her legal dower in the lands that her late husband died seized and possessed of in Said County of Edgecombe. All the undersigned having been summoned by the Sheriff of Said County have this day met on the premises and after being sworn agreeably law, We proceeded to lay off and allot unto the said Widow as follows (viz) Beginning at a litewood Stake in Col Hines line thence N. 11^o E. 65 poles to a poplar standing in the cornfield branch; then down the various courses of said branch to the Mile Swamp then up said Swamp to the mouth of the boggy branch; then up said branch to a poplar and litewood stake in said branch then S. 1^o W. 110 poles to a pine, thence round the lines of the land of the Harrel tract to the beginning containing One hundred & ninety eight acres, &c – Including the dwelling house out houses orchards, &c where the Said dec’d most generally dwelt next before his death

Given under our hands & Seals this 17^th day March 1834. /s/ John Fulton, E.R. Holland, David X Webb, Anson X Dunn, Joab Moore, John Carter, Rowland Wiggins, Thomas Stark, Jacob X Dunn, James Pender, Thos. D. Gatton, Elisha X Felton

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State of North Carolina, Edgecombe County } Court of Pleas & Quarter Sessions, August term 1834

To the worshipful the Justices of the Court aforesaid: The petition of Arthur Read, William Read, David Read, Zachariah Bass and his wife Elizabeth, and John Ritter guardian ad litem for Elisha Read, Mima Read, Mary Ann Read and Miles Read, humbly complaining, respectfully sheweth:

That on the [blank] day of February last past Miles Read, late of the County aforesaid, departed this life intestate, seized and possessed of sundry real and personal estate, leaving Arthur Read, William Read, David Read, Zachariah Bass and his wife Elizabeth, who are of full age, and Elisha Read, Mima Read, Mary Ann Read and Miles Read, who are infants, his sole distributes and heirs at law. Your petitioners who are of full age, and John Ritter who for this purpose has been duly appointed guardian ad litem for the said minors, further represent that they are desirous of having partition made of the said real estate as in by law in such cases made and provided, but are remidiless in this behalf without the interposition of your worshipful Court.

They therefore respectfully pray that an order issue to Peter Hines, William Hines, Benj. Sharpe, Elisha Harrell, John Carter and William Jenkins directing them to go upon the premises and allot and set apart share and share alike to said heirs the said real estate and make return of their proceedings to the next term of your worshipful Court, and make such other and further order in the premises as to your worships may appear meet and proper, and your petitioners as in duty bound will ever pray &c. /s/ B.R. Hines attorney

From the file of Miles Read, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

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May 5, 2013

Wilmouth Eatman gives share and share alike.

NORTH CAROLINA, WILSON COUNTY }

I, Wilmouth Eatman of the aforesaid county and state being of sound mind and desposing memory, but considering the uncertainty of my earthly existence do make and declare this my last will and testament.

FIRST: My executor, hereinafter named shall give my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral and burial expenses to-gether with all my just debts out of the first monies which may come into his hands belonging to my estate.

SECOND: I give and devise to my four children Joe Eatman, Magaret Locus, Kinion Eatman, and Annie Locus, wife of Acie Locus, Joitly and equally to share and share alike in the devision of same of the proceeds thereof, the lands conveyed to me by Deal Howard which said deed is duly recorded in book 24 page 195 Register Deeds Office Wilson County, said lands being situated in the said County and state, Taylors Township adjoining the lands of John B. Thompson, Wood Eatman, Deal Howard, the mark Mathews land et als. And bounded as follows to-wit: Beginning at a Gum in the big branch, thence south 2 ½ west to a stake in John B. Thompson line thence north 87 ½ west 69 poles to a stake in said Thompson’s line, thence south 2 ½ east to a black gum in said big branch, thence down said branch to the beginning containing forty one and one fourth acres, more or less.

THIRD: I give and devise to my son Kinion Eatman and my daughter Annie Locus, wife of Acie Locus Joitly and equally to share and share alike in the lands of proceeds thereof all my right title and interested in that certain track of land conveyed to me and Robt. Eatman by Bettie Mathews (See book 57 page 23 Wilson County Register of Deeds Office, The lands being situated in said county and state Taylor Township adjoining the lands of D.E. Mathews Zealous Howard Etals and bounded as fellows: to-wit: Beginning at a corner pine in Bettie Mathews Line, thence up nash road to another corner in the D.E. Mathews line, thence south along said line Zealous Howard line, thence nearly east along the canal to Ed. Farmer’s line thence north along Farmer’s line to the beginning estimated to be about 11 or 12 acres more or less.

FOURTH: I give and bequeath to my said son Robt. Eatman and my daughter Annie Locus, wife of Acie Locus, equally all my personal property of each and every description which I may own at my death, including money on hand, house hold and kitchen furniture, stock, crops, choses in action, to be equally divided between my two said children Kinion and Annie by mu Executor hereinafter named.

FIFTH: It is my will and desire that my executor hereinafter named may either have the lands herein devised to my said children partetioned and allotted to each in severalty, or sold and the monies arising from said sale equally divided as their respective interest appears. Said division of lands or money to be determined according to the wishes of the majority of my said children.

It is my further will and desire that should either one of my said children above named die without issue or legal heirs, or children then and in that event it is my will and desire that said share is shares devised or bequeathed to my said said child or children shall go and be equally divided between my living children and their lawful heirs.

SIXTH. I hereby constitute and appoint my trusty friends and legal adviser J.A. Farmer my lawful Executor to all interest and purposes to execute this my last will and testament to the time intent and morning of same, and every part thereof hereby revoking and declaring utterly void and all other will and testament by me heretofore made.

In witness whereof, I the said Wilmouth Eatman do hereunto set my hand and seal this 10^th day of April 1911. Wilmouth X Eatman

Will Book 5, page 79. Office of Clerk of Superior Court, Wilson County Courthouse, Wilson.

In the 1850 census of Nash County: Nelson Eatman, 54, farmer, wife Rinda, 33, and children Rhoda, 12, Wilmot, 12, Princy, 10, Ginny, 8, Smithy, 6, and Alford, 4. In the 1870 census of Taylor, Wilson County: Nelson Eatmon, 53, farmer; wife Marinda, 50; daughter Welmouth, 31, and her children William, 13, Robert, 11, Margaret, 10, Crawford, 4, and Missouri, 7 months; and children Gremsey, 25, Alfred, 23, Emily, 16, Nelson, 13, and Jarman, 11. In the 1880 census of Taylors township, Wilson County: Wilmoth Eatmon, 46, and children Joseph 24, Robt., 22, Kenan, 7, and Anna, 2, living among a cluster of Eatmons, Howards and Locuses. [Sidenote: Wilmouth Eatman’s sister Rhoda Eatman married Zealous “Deal” Howard. – LYH]

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May 4, 2013

The partition of Isaac Dove’s land.

STATE OF NORTH-CAROLINA. To the Sheriff of Craven County, GREETING:

You are hereby commanded to summon Hardy L. Jones, James T. Jones Esqr., Gideon Jones, Joseph Davis & Benjamin Borden to meet at such place and at some time before the next Court, to be held for your County, on the second Monday of February next, as you shall seem fit, then and there to make partition of that part of the lands (which were formerly held in common between Isaac Dove and Anthony Brown) which belongs to the heirs of Isaac Dove and are situated in Craven County on the east side of Spring Branch between George Carter & Sukey his wife. Stephen Godett & Mary his wife. Gambo Fenner & Deborah his wife who own the lands on the east side of Spring-Branch, heirs at law of Isaac Dove deceased, in severalty. Herein fail not and return the proceedings of said Commissioners in this behalf to our Court of pleas and Quarter-Sessions to be held on the second Monday of February next, together with this writ.

Witness, JAMES G. STANLY, Clerk of our said Court, at Newbern, the second Monday of November in the 50^th Year of our Independence, A.D. 1825. /s/ J.G. Stanly

In obiediece to the Annexed order we the undersigned commissioners have made partition of the Lands heretofore held in common between Isaac Dove and Anthony Brown we find two Hundred and thirty four acres which we divide Eaqually No 1 drawn by Isaac Doves heirs Begins at the patent corner pine and runing So 9 E 203 poles to a Stake thence N 75 W 218 pole and thence to the Beginning Cont’ing One Hundred and seventeen acres No 2 by Anthony Brown or William and Jacob Dove Begins at a poplar the corner of the patent and runing thence No 54 E 90 poles to the corner of No 1 thence along the line So 73 E 218 poles to the corner stake thence So 7 E 45 pole to the patent corner thence No 85 ½ W’t 278 poles to a white oak on Cohoque Creek then down the creek to the Beginning Containing 117 acres In witness whereof we have hereunto set our hands and seals this 4^th day of February 1826 /s/ Hardy C. Jones, Gideon Jones, James T. Jones, Benj. Bordin

From the file of the estate of Isaac Dove, Craven County. North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

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May 3, 2013

David and Louisa Jane Mills give all.

State of North Carolina, Nash County }

I, David Mills of the County of the State and County aforesaid, being of sound mind and memory, but considering the uncertainty of my earthly existence do make this my last Will and testament in manner and form following, that is to say –

I give, devise and bequeath to my eldest son Mingo Mills forty six and one half acres of land in said State and County. Known as the Piece of land I bought of Parsons Rackley.

I give, devise and bequeath to my son Munro Mills The Joshua Mills tract of land on the north side of the Joshua Mills Spring branch containing about seventy acres.

I give, devise and bequeath to my son Henderson Thomas Mills One tract of land containing about Seventy acres and known as the land I bought from John R. Sutton.

I give, devise and bequeath to my youngest son David More Mills One tract of land containing one hundred acres more or less and known as my home tract where I now live. My will and desire is that my son David More Mills Pay to the balance of my heirs not above mentioned the Just a& full sum of fifty dollars out of the Piece of land that I give him above mentioned. The balance of my land which is the Thomas Mills Piece containing about fourteen and one half. And a part of the Joshua Mills tract lying on the South side of the Joshua Mills Spring branch containing about ten acres more or less is to be sold and the money equally divided among the following named heirs my son Joshua Mills lawfully children which is Wm. N. Mills & Arnal Mills one share. Frances Toney wife of Joseph Toney. Julie Ann Cordel, Manda Lucust, Lahara Wilkins wife of Eevin Wilkins. Nancy King, wife of Willie King Sevarine Jones, wife of Wm. Jones Lutora Hagans, wife of Frank Hagans.

All of the above mentioned heirs shall hold the above mentioned property in fee simple at my death. Provided that they maintain my wife Luizer Jane Mills, out of said property her life time or her widowhood. The balance of my property except my household and kitchen furniture, which I hereby give to my wife Luizer Jane Mills Is to be sold and equally divide among all my lawful heirs. And lastly, I do hereby constitute and appoint my trusty son Munro Mills my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said David Mills do hereunto set my hand and seal this 7^th day of August A.D. 1889. David X Mills {seal}

Witnesses Jas. W. Floyd, W.W. Manning

Proved 18 May 1891. Will Book 5, page 351, Office of Clerk of Superior Court, Nash County Courthouse, Nashville.

[Sidenote: David Mills was his brother Thomas Mills’ sole heir. See Will Book 5, page 225. Joshua Mills was their father. – LYH]

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North Carolina, Nash County }

I Luiza J. Mills of the State and County aforesaid, being of sound mind and memory but considering the uncertainty of my earthly existence do make this my last Will and testament in manner and form following — That is to say

(1) That my executor hereinafter named shall provide for my body a decent burial, and pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate —

(2) I give and bequeath to my son D.M. Mills at my death the following personal property, one bed now in his possession, one under & upper sheet one bed quilt, one blanket one pillow one bolster now in his possession one double barrel shot gun, known as his fathers gun. The balance of my household & kitchen furniture at my death is to be sold at highest bidder & money divided among the following named persons, Nick and Arnel Mills one share Amanda Lucas, one share – Lutora Hagans, one share – Lahara Wilkins, one share, Isaman S. Jones, one share – Nancy Ellen King, one share – Endy F. Toney, one share – July Ann Cordell one share.

I give & devise to my son D.M. Mills one a[illegible] named Ben now in his possession. The balance of my property if any at my death, including all notes & papers & land if any, is to be sold or collected as the case may be, and the money equally divided among my four sons which is Mingo Mills, Munro Mulls H.T. Mills and D.M. Mills.

And lastly I do hereby constitute & appoint my trusty son, Munro Mills my lawful Executor to all intents & purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testiments by me heretofore made. In witness whereof I the said Luizer J. Mills do hereunto set my hand and seal, This 28^th day of Feby. A.D. 1898 Luiza J. X Mills

Signed sealed published and declared by the said Luiza J. Mills to be her last will & testament in the presence of us who at her request and in her presence do subscribe our names as witnesses thereto. J.W. Floyd, J.L. Floyd

Proved 27 October 1900, Will Book 6, page 121. Office of Clerk of Superior Court, Nash County Courthouse, Nashville.

David Mills married Jane Spears on 12 August 1847 in Nash County. In the 1860 census of Mannings, Nash County: David Mills, 57, farmer, wife Jane, 34, and children William J., 12, Frances, 10, Julia, 8, Amanda, 6, Lahary, 3, and Minger, 2. [Sidenote: Louisa Jane Spears was a daughter of Silvia Spears. In summary, David and Louisa Jane’s children were William Joshua Mills, Frances Mills Toney, Julia Ann Mills Cordell, Amanda Mills Locust, Laharia Mills Wilkins, Mingo Mills, Isaman Sevarine Mills Jones, Munro W. Mills, Henderson Thomas Mills, Nancy E. Mills King, Lutora F. Mills Hagans, and David More Mills. – LYH]

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May 1, 2013

The Artis sisters give and bequeath.

Know all men by these presents that I Zilpha Artis of the County of Wayne and State of North Carolina being of sound mind and memory but considering the uncertainty of life do make and declare this my last will and testament in manner and form following that is to say. That my Executor Philip Fort shall provide for my body a decent burial according to the wishes of my relatives and friend and pay all funeral expenses together with my just debts to whomsoever due out of the money that may first come into his as a part or parcel of my estate.

I give and devise to my niece Francis Diggs all of my entire lands and all my household and Kitchen furniture to have and to hold to her the said Francis Diggs for and during the time of her natural life and after her death to be equally divided between her two children Sula Artis and Margaret Diggs their heirs and assigns forever

I give and bequeath to my Sister Eliza Artis the sum of fifty cents

I give and bequeath to my Sister Leatha Artis the sum of fifty cents

I give abd bequeath to Brother Calvin Artis the sum of fifty cents

And I give and bequeath to my brother Thomas Artis the sum of fifty cents

And lastly I do hereby appoint and constitute Phillip Fort my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause therein hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

In testimony whereof I the said Zilpha Artis do hereunto set my hand and seal this 19^th day of November A.D. 1881 Zilpha X Artis {seal}

Signed and sealed in the presence of B.J. Person, John B. Person

Book 1, page 245; proved 20 September 1882, Probate Court, Wayne County.

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In the Name of God Amen:

I Eliza Artis of the County of Wayne and State of North Carolina being of sound mind and memory and considering the uncertainty of human life do therefore make Publish and declare this to be my last Will and testament: That is to say first after all my burial expenses are paid and discharged the residue of my estate. I give and bequeath and dispose of as follows to wit to John Newsom son of James Newsom and Penina Newsom Four Dollars to Francis Diggs all the balance of my personal and real estate that I may be in Possession of at my death during her Natural life and after the death of said Francis Diggs all of said Personal and real estate is to be equally divided between Francis Diggs’s three children Sula Artis Margrett Diggs and William Diggs Likewise I make constitute and appoint Noble Exum and George Exum to be my Executors to this my last Will and testament hereby revoking all former wills made by me

In witness whereof I have hereunto subscribed my name and affixed my seal this the eleventh day of February in the year of our lord one Thousand eight hundred and Ninety Eliza X Artice {seal}

In the presence of Witnesses John H. Skinner, R. X H. Locus

Hand-written notation in margin: “See Book No 32 Page 320 Register of Deeds Office”; Book 1, page 524.

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I Lethy Ann Artice of Nahunta Township, State of North Carolina being of sound mind and memory, do declare this to be my last will and testament.

I give and bequeath to my son James Artice Five acres of land known as my fathers place to have to hold through his natural life, after his death to Maggie Artis his daughter. But should she want to live on said land before his death, I give her a right, so to do.

I give and bequeath to Luby Baker and Anna Baker the children of Mildly Baker Four acres provided Mildly Baker shall be guardian for said children until they reach their majority.

I give and bequeath to Bettie Bradford and Brantham Five acres land to have and to hold their natural life afterwards to their heirs.

I give and bequeath to Zachary Artice Five acres land.

I give and bequeath to John and Octavius the sons of Thomas Artis my son Four acres land if they should want to sell each other all right but no one else.

I give and bequeath to Zachary his fathers chest. All heirs to pay Zachary Artice for burial expenses Sarah & Jackson, before coming in possession of the property I give.

I also give to Zachary the big pot, I also give him his house, no matter on whose land it falls on. Be it understood I have already given Zachary ½ acre during my life time. I also gave Thomas Two Dollars and a Bull. I also give Baker a cow and calf, Betsey two Dollars I say this to show what I have given. Bitsey and Mildly I give one bed a piece, my large bed to be divided between Tom & Zachary. I also give Maggie Artice James daughter, Sarahs chest. I also give the [illegible] and gear to Scintha Ann Artice. All the heirs, with Scintha Ann take my wearing clothes also House furniture also. But should Zachary want any particular thing, as he been my protector let him have it I appoint I.F. Ormond Executor of this will. In witness whereof I Letha Ann Artice have herewith set my hand and seal This 9^th day of Oct 1892 Letha Ann X Artice

Subscribed by the testator in the presence of each of us and declared by her to be the last will testament Witnesses J.H. Skinner, Noble Exum

Book 2, page 184; proved 2 January 1897, Superior Court, Wayne County.

Will Books, Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

In the 1850 census of the North Side of Neuse, Wayne County: Celia Artis, 50, with Eliza, 34, Zelpha, 28, Thomas, 15, Calvin, 20, and Lumisa Artis, 6. Also, John Artis, 28, Leatha, 30, Sarah, 3, and Zachariah, 2. [Sidenote: Leatha, Eliza and Zilpha Artis were daughters of Celia Artis and her enslaved husband, Simon Pig. Celia was one of the wealthiest free people of color in Wayne County. — LYH]

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April 28, 2013

Not so fast — those slaves are mine.

William K. Lane v. Jane Bennett et al., 56 NC 371 (1858).

This case was removed from the Wayne County Court of Equity. By valid will, Furnifold Jernigan made several provisions for the disposal of his slaves. To his wife Jane Jernigan (who later married Thomas Bennett), he left 13 slaves, including Bill Winn, John Winn, Simpson and Anne. To his daughter Mary Anne Kelly, he left eight slaves, including Olive. He provided for the liberation of “negroes, Dave, Tom, Morris, Lila and Mary” and their transport to a free state, and he directed that ten named slaves be sold. John A. Green and William K. Lane were named executors.

Before the legacies were paid out, Adam Winn filed suit to recover John Winn, Bill Winn, Simpson, Anne, Olive and Dave, claiming that (1) he had mortgaged the slaves to Jernigan to secure payment of money Jernigan loaned him, and (2) he had a judgment attesting that he had repaid the money, and the slaves had been reconveyed to him.

The executors filed a “bill” with the court seeking guidance on the will’s provisions. Jane Bennett and Mary Anne Kelly claimed the full value of the slaves bequeathed to them or, in the alternative, the amount paid by Winn to redeem them. The court found that each was entitled to the amount of the redemption. (And, incidentally, Dave, having been redeemed by Winn, “loses, of course, his freedom intended for him…”)

[Sidenote: As noted elsewhere, John Winn and Bill Winn were Adam Winn’s sons, as well as his slaves. He mortgaged his children repeatedly. Jernigan, of course, was a notorious negro-stealer. — LYH]

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April 25, 2013

Polly is to have the crop raised on the land.

State of North Carolina, Duplin County }

In the name of God amen

I Kenan Millard being in a low state of health but of sound and perfect mind & memory do make publish & declare this my last will & testiment in manner and form following to wit: Knowing that it is appointed for all men to die First I commend my body to the dust and my soul to God that gave it

Item 1st I give and bequeath unto my brother Isaac Millard my home plantation whereon I now live to him and his heirs forever and my two negro women Phillis and Caty to him & his heirs forever

Item 2nd I loan to my brother in law Joseph Williams and his wife Nancy my Charles Bennett land for the term of ten years and after that ten years shall expire from that time I give and bequeath the aforesaid land to my nephew Kenan Williams to him & his heirs forever also one leather trunk to him & his heirs forever

Item 3rd I give and bequeath unto my nephew Jesse Millard my George Reasons tract of land lying in Wayne County & State aforesaid to him & his heirs forever

Item 4th My will and desire is that my Nancy Reasons tract of land the Calvin Simmons land which he holds a bond against me for a title two years hence if he fails to pay, for the same at the end of two years and the Lydia Smith land the Nancy Reasons and Lydia Smith land to be sold by my exer. which I shall hereafter appoint and the mony arising from the sale of said land to be equally divided between my three sisters & Charles Millard to wit — Nancy Williams, Mary Glisson and Sarah Porter to them & their heirs forever the Calvin Simmons land to be sold by the same if not paid for within the two years as before mentioned and the money arising from the same to go to Sarah Porters two sons that she had of George Craddock names not recollected

My will and desire is further that my crop as it is now pitched to remain as it is untill it is made and Polly Simmons is to have the crop that is raised on the Nancy Reasons land and Bass land, all the balance of crop and stocks of all kinds to be sold at a six months credit all my lumber gathered together and inspected and negro man Moses to be sold by my exer. at six months credit and all any just debts to pay out of the same the balance & residue if any to be equally divided between my three sisters to wit — Sarah Williams Mary Glisson Sarah Porter & Charles Millard to share and share equal alike to them and heirs forever

I further nominate & appoint my brother Isaac Millard & brother in law Joseph Williams executors to this my last will & testament In Witness whereof the said Kenan Millard have hereunto set his hand and affixed his seal April 28th day AD 1847 /s/ Kenan Millard {seal}

Witness D. Jones, Willis Williamson

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North Carolina Duplin County Court January term 1848 Now in open Court the within paper writing is propounded for probate as the last will & testament of Kenan Millard and the due execution thereof is proved to the satisfaction of the Court by the oaths of Daniel Jones & Willis Williamson subscribing witnesses thereto it is considered by the Court that the within paper writing and every part thereof is the last will & testament of said Kenan Millard sufficient in law to pay his [illegible] & personal estate and it is accordingly admitted to probate & ordered to be recorded Test J H Jermans Clk by B F Grady L Clk

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April 19, 2013

Of sound mind and memory.

I Charles Winn of the County of Wayne and State of North Carolina being in sound mind and memory do this the 2^nd day of November in the year of our Lord One Thousand eight hundred and eighty one make and declare this to be my last will and testament in manner and in form following that is to say

Item 1^st – I leave to my beloved wife America Winn the plantation where on I now live during hir natural life time, and after her death I give and bequeath the said plantation to the lawfull heirs of her body.

Item 2st – I give and bequeath to William Winn, Churchwell Winn, Margaret Capps, Levi Winn, Mary Winn, Francies Winn, Charles Winn, Wyett Winn and Nancy Winn, my tracks of land lying on Brooks Swamp and adjoining the lands of A.T. Grady and the heirs of James Kelly Dec’d to be devied between them.

Item 3 – I leave to my wife all of my Househole and Kitchen furntiture during hir naturall life and after hir death to be devied between hir children.

Item 4^th – I leave all of the balance of my personall property to be sold by my Executor for cash and pay all of lawfull debts and the Balance if any to be devied between the children of my wife America Winn.

Item 5^th – I do here by constitute and appoint James Winn Executor to this my last will and testament, in witness where off I Charles Winn Sr. have here unto set my hand and seal. Charles X Winn

Signed and sealed in the presents of us who at this time subscribed our own name as witnesses there to – John A. Kornegay Jr., George Winn

Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro NC.

In the 1860 census of Brogden, Wayne County: Charles Winn, wife America, and children Churchill, Marina, Levyet, Mary, Frances, Wyatt, and Nancy.

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April 17, 2013

Acts to emancipate Silvia and Violet.

An act to emancipate a Negro called Silvia.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That a certain Negro girl named Silvia, belonging to the estate of Abraham Bass, late of the County of Nash, be, and she is hereby emancipated and made capable of taking, holding and possessing property of every kind, and of enjoying all such priveleges as all other free persons of color.

And be it further enacted that the above named girl shall be known and called by the name of Silvia Spears: Provided always, that this act shall not affect the right which any person or persons may have to the service of and property in said girl Silvia, except such person or persons as may claim by, from or through the said Abraham Bass.

And be it further enacted, that nothing in this act contained shall be construed so to authorise the emancipation of the said girl Silvia, until Thomas Hamilton shall have entered into bond with sufficient security, in the sum of two hundred and fifty pounds, make payable to the Chairman of the County Court of Nash and his successors in office, to be void on condition that the said Silvia will never become a charge or burthen to any of the counties of this State.

Chapter XCVII, Public and Private Laws of the State of North Carolina, 1803-1816, North Carolina State Library.

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An act to emancipate a Negro girl named Violet.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that a certain Negro Girl named Violet, late the property of Abraham Bass, late of the County of Nash, daughter of Silvia, who was emancipated by an act of the Legislature at its last session, be, and she is hereby emancipated and made capable of taking, holding and possessing property of every kind, and enjoying all such privileges as all other free persons of colour.

And be it further enacted, that this act shall not affect the right of which any person or persons may have to the service of, and property in said Girl Violet, except such person or persons as may claim by, from, and through the said Abraham Bass, deceased.

And be it further enacted, that nothing in this act contained shall be so construed as to authorise the emancipation of the said Violet, until Thomas Hamilton shall have entered into bond with sufficient security in the sum of two hundred and fifty pounds, made payable to the Chairman of the County Court of Nash, and his successors in office, to be void on condition, that the said Violet never become a charge or burthen to any of the Counties in this State.

And be it further enacted, that the above named Negro Girl called Violet, shall be known and called by the name of Violet Spears.

Chapter LXL, Public and Private Laws of the State of North Carolina, 1803-1816, North Carolina State Library.

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April 17, 2013

300 acres to be sold at the courthouse door.

NOTICE.

By virtue of a decree of the Superior Court of Wilson county, rendered January 5^th, 1882, I will sell at the Court House door in Wilson Monday the 6^th day of February 1882, the lands whereof Nelson Eatman died seized, consisting of three tracts adjoining the lands of M.M. Mathews, Deal Howard, William Taylor and others, containing three hundred acres more or less. Terms: one thousand dollars cash, balance on credit of eight months. Title reserved till payment of all the purchase money. F.A. WOODARD, Adm.

Wilson Advance, 3 February 1882.

In the 1860 census of Wilson County: Nelson Eatman, 50, farmer, wife Morinda, 45, and children Elizabeth, 20, Ginsey, 18, Smithy, 17, Alfred, 14, Nelson, 5, Emily, 7, and Jarman, 2.

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Category: Wills & Estates