Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Wills & Estates

She shall be set free and taken care of.

In the Name of God Amen. I Abraham Bass of Nash County being of perfect mind and memory do this seventeenth day of June in the year of our Lord 1803 make and ordain this my last will and testament in manner an form following to wit:

Item: I give and bequeath to Ann Rose wife of Thomas Rose ten pounds current money.

Item: I give and bequeath to Ann Moore wife of Collum Moore Ten pounds current money.

Item: I give and bequeath to Charity Rogers daughter of Robert Rogers deceased ten pounds current money.

Item: I give and bequeath to Mourning Rogers daughter of Robert Rogers deceased ten pounds current money.

Item: I give and bequeath to Zona Rogers daughter of Robert Rogers, ten pounds current money.

Item: I give and bequeath to my grandson Jordan Bass one still.

Item: I give and bequeath to Thomas Hamilton one Negro woman named Little Rose also one blue chest.

Item: I give and bequeath to my daughter Elizabeth Bridgers one horse called Charlemain, one sadle and bride, and one bed and furniture her choice.

Item: My desire is that my Negro girl named Sylvia shall be set free and that Thomas Hamilton should have the care of her until she is twenty one years of age.

Item: My desire is that all the rest of my estate both real and personal not all ready given away to be sold and after paying the above legacys and debts to be equally divided between Elizabeth Bridgers and Zion Bass Heirs and John Bass Heirs in the following manner to wit: the one half of the whole of the sweeping legacy to Elizabeth Bridgers.

Item: The other half to be divided in the following manner between Jordan Bass, Polly Parker, Quinne Bass, Aldin Bass, Kitchen Bass, John Bass and Mourning Floyd.

Item: My will is that Polly Parker part of legacy shall be discretionary with my executors whether they pay her or not, until the expiration of six years.

Item: My will and desire is that if Fed Floyd husband of Mourning Floyd ever brings a lawsuit against my self or my executors for any part of my estate his part then to be only forty shillings and balance over and above the forty shillings to be for the use of supporting the said lawsuit.

Item: I constitute and appoint William Bridgers Jesse Bass and George Boddie executors to this my last will and testament and I pronounce this to be my last will and testament and no other.  /s/ Abraham Bass

Signed sealed and published in the presents of us

D. Sills, Lucy Boddie

Will Book 1, Page 157, Office of Clerk of Superior Court, Nash County Courthouse.

She shall have a comfortable maintenance.

I, Nathan Lamb of the County of Randolph & State of North Carolina being of sound mind & memory but considering the uncertainty of my earthly existence do make & declare these my last Will & Testament in manner and form following. That is to say first that my executor shall provide for my body a decent burial suitable to the wishes of my relations & friends & pay all funeral expenses together with my just debts howsoever & to whomsoever owing out of the money that may first come into his hands as part or parcel of my estate.

Item, I give & devise to my beloved wife Mary Lamb all the tract of land & plantation whereon I now live including my mansion house & all outhouses & other improvements whatsoever to her the said Mary Lamb to have & to hold for & during her natural life or widowhood in lieu of her dower & thirds of my real estate.

Item, I give and devise to my grandson Nathan Wall all this tract of land whereon I now live except the life estate of my wife derived in a former item on this my will & except the maintenance of my old Servant mentioned in another item to have & to hold to him & his heirs in fee simple forever.

Item, I give & devise to my daughter Mary Morgan, wife of William Morgan, all that tract of land whereon Elizabeth Stanton now lives known by the name of the Morgan Place to have & to hold to her & her heirs in fee Simple forever.

Item, I give & bequeath to my Said beloved wife Mary Lamb all the household & kitchen furniture all the horses & cattle & hogs & all the farming tools & all my other property on this plantation, all the crops of every discription that may be on the plantation whereon I now live & all the provisions on hand at my death for & during her natural life or widowhood except what may be necessary to pay all funeral expenses together with my just debts to be Selected & Sold by my executor for that purpose provided there Should not be money Sufficient on hand.

Item, My will & desire is that all the Crop Stock & provisions on hand at the death of my wife all the improvements of husbandry & all other personal property belonging to the estate Should be Sold & the money arriving from such Sale Should be equally divided among my children, except Mary Morgan, Share & Share alike to them & their personal representatives forever.

Item, My will is also that Luce, a free woman of Colour formerly in my Service Shall have a comfortable maintenance from my home plantation during her natural life or whenever She may chose to live thereon.

And lastly, I do hereby constitute & appoint my Son in Law William Chamness my lawful executor to all intents & purposes to execute the my last will & testament according to the true intent and meaning thereof, hereby revoking & declaring utterly void all other wills & testaments by me hereuntofore made. In witness whereof the Said Nathan Lamb do hereunto set my hand & seal this 4th day of May AD 1839.  Nathan X Lamb. Witnesses Daniel Swain, Anna Swain.     

Probated February term, 1845.  Randolph County Courthouse.

Near the blacksmith shop on the old road.

I, Thomas Hollowell, of the County of Wayne and the State of North Carolina being in feeble health but of sound mind and memory do make this my last will and testament in manner and form as follows: First – I give to my wife all my household and kitchen furniture, my buggie and harness also I have one note I hold against John Hollowell in the hands of my executors for them to pay to her the amount of interest so long as she may live. My will further is that my two sons Jesse and Thomas shall furnish my wife a bountiful support and in case they shall refuse at any time, I wish for her to have a dower laid off on the lands I leave them. Second – I give to my Levi Hollowell two notes that I hold against him. Item 3rd – I give to my granddaughter Elizabeth A. Stanton one note that I hold against her brother Thomas H. Stanton. Item 4th – I give to my grandson Levi H. Massey one acre of land joining Dudley on the south side of the old road near Levi Winn‘s blacksmith shop. Item 5th – I give to my son John Hollowell two shares in the Wilmington and Weldon Railroad Company. Item 6th – I give to my son Jesse Hollowell all the land I own lying on the east side of my Gin Branch also the upper part in the Big Fork down to where the bend of the Branch comes nearest together, and then down the run of Big Fork to the head of the Gin Branch and then to extend down the Canal to the run of Brook’s Swamp except the privilege of enough land near the Gin House at the end of the Gin Dam to put up a cotton screw also two shares in the Wilmington and Weldon Railroad Company, also two lots in Dudley known as No. 5 and No. 15. Item 7th – I give to my son Thomas L. Hollowell all the land I own on the west side of said Gin Branch from the line marked out for Jesse Hollowell to the aforesaid Brook’s Swamp also one share in the Wilmington and Weldon Railroad Company, two lots in Dudley known as No. 13 and 14, and one note that I hold against the said Thomas L. Hollowell. Item 8th – I wish my executors hereafter named to pay all of my just debts out of my estate not heretofore named and given away. Item 9th – My will and desire is that the balance of the amount due my estate in John Hollowell’s hands after paying the interest to my wife during her life and the balance of my estate after paying my debts to be equally divided between my living children and to those deceased to the heirs of their body. Lastly – I constitute and appoint my son John Hollowell and my grandson Levi H. Massey Executors to this my last will and testament hereby revoking all other wills by me made this 25th of 10th month A.D. 1861. Thomas Hollowell. Sealed in the presence of – Mary E. Hollowell, Jesse T. Hollowell.

Proved November Term 1865.

Book R14, Page 239, Wayne County Superior Court Clerk’s Office, Wayne County Courthouse.

An Act to Emancipate Caesar.

CHAPTER XLVIII.

An Act to emancipate Caesar, formerly a Servant of Samuel Yeargan, Deceased.

Whereas by the last will and testament of Samuel Yeargan, deceased, late of the county of Warren, he did desire in his said will that a certain negro man of his property, should after the death of his daughter Anne Alston, wife to William Alston, of Chatham county, be set free, for and during the full-term of fifty-five years: And whereas the said Anne being now dead, it is thought just and right the said last will and testament should be adhered to:

I. Be it therefore enacted by the General Assembly, That from and after the passing of this Act, that the aforesaid Caesar shall and may be at his own liberty, for and during the term mentioned in his master’s will, upon the same footing, and under the same restrictions as other free negroes are intitled to in this State, and shall be known and called by the name of Caesar Henry; any law to the contrary notwithstanding. (Passed Jan. 6, 1787.)

Acts of the North Carolina General Assembly, 1786-1787, Colonial and State Records of North Carolina. 

He was ignorant of his right.

59th CONGRESS, 1st Session}  SENATE. {DOCUMENT No. 471.

[Court of Claims. Congressional, No. 11397. Hardy A. Brewington, administrator of the estate of Raiford Brewington, deceased, v. The United States.]

STATEMENT OF CASE.

Senate Bill 4292, reading as follows, was introduced on February 10, 1904, and was referred to this court on April 28, 1904, by resolution of the Senate for findings of fact under the terms of section 14 of the act approved March 3, 1887, and commonly known as the Tucker Act.

FINDINGS OF FACT.

  1. Claimant’s decedent, Raiford Brewington, was a free colored man, residing during the late civil war in Sampson County, N.C., and throughout said war he remained loyal to the United States Government.
  2. During said war the United States military forces, under proper authority, took from claimant’s decedent, in Sampson County, N.C., for the use of the Army, quartermaster stores and commissary supplies of the kinds described in the petition, which at the time and place of taking were reasonably worth the sum of five hundred and thirty dollars ($530.) No payment appears to have been made for said property of any part thereof.
  3. It appears from the evidence that claimants decedent was a colored man, who was ignorant of his right to present a claim to the Claims Commission established by the act approved March 3, 1871, during the two years allowed by law for filing of claims before said Commission. There was no other opportunity for presentation of this claim save by petition to Congress. These facts are reported as bearing upon the question  of whether there has been delay or laches in the presentation of said claim.    By the Court.

Filed May 14, 1906.

A true copy: Test this 32st day of May, 1906 [seal.]      John Randolph, Assistant Clerk Court of Claims

United States Congressional Serial Set, Issue 4916, p. 41.

Anticipating the sudden dissolution of body.

The declaration of Bryant Oxendine of the County of Robeson & State of North Carolina to Trimegan Thompson of said State & County on the 10th February 1836 who being on that day weak of body but in perfect mind & memory but anticipating a sudden dissolution of body, personally related unto the above Trimegan Thompson the way and manner which he would wish to dispose of his goods & chattels which was in manner & form as follows (To wit) To his his wife one horse & mare, nine head of cattle fifteen head of hogs, all his corn & fodder, nine geese one bale cotton, together with all his household and kitchen furniture with the exception of as much of said property as would be sufficient to pay all just claims or demand against him, in testimony whereof I the above Trimegan Thompson do set my hand this the 11th February A.D. 1836 Robeson County. Trimegan X Thompson

Feby Term 1836, Then was this will duly proven in open court by the oath of Trimegan Thompson it appearing the widow & next of kin were notified of the intention of offering the same for probate. Ordered that it be recorded.  A. McEachern, Clk

Wills, Robeson County, North Carolina State Archives.

We have further allotted the widow one bed, wheel and cards.

State of North Carolina, Robeson County   }   To the worshipful the Justices of the court of pleas and quarter-sessions for said county November term 1862

We John G. M’Lean Justice of the Peace of said county and Hector J. M’Lean Angus Wilkison and John McNair freeholders in obedience to the anexed order proceeded on the 17th day of October to view the estate of Hugh Chavous, deceased, and out of the crop stock and provisions on hand we have laid off and allotted Clarisa Chavous widow of Hugh Chavous (deceased) as follows that is to say one hindred bushels of corn eighteen hed of hogs one Beef all the peas, one Table four Bushels of Salt one Bible and Hym Book one Loom one pot one tray and sifter and these being not sufficient of the crop stock and provision on hand to make a comfortable provision for the Said Widow and family for a year We assess the deficiency to the sum of Thirty five Dollars in money to be paid to the said Widow by the administrator of the said Hugh Chavous (Decd) and we have further laid off and allotted to the said Widow one Bed and necessary furniture and Wheel and Cards as her absolute property and put her in possession of the same

Given in our hands and seals this 17th day of October AD 1862.  /s/ John G. M’Lean, Hector M’Lean, A.D. Wilkison, Jno. McNair

In the 1860 census of Robeson County: Hugh Chavis, 50, farmer; wife Clarisy, 45; and children Benjamin, 18, Pinkney, 16, Preston, 16, Nancy, 13, Prissey, 13, Hugh, 9, Melinda, 8, Turner, 7, Murdock, 6, D. Richard, 5, Sallie B., 3, and Alston, 1; all described as mulatto.

The freed man frees. Maybe.

M.N. Leary, Executor, v. S.W. Nash and others, 56 NC 356 (1857)

This case the Court of Equity of Cumberland County and involved the interpretation of a Solomon W. Nash‘s will.  The clause at issue:

Item 6. “I further leave my negro slave woman Venice, to serve my daughters ten years from the time of my death, and after the expiration of that time, I desire her to be freed; and if she wishes to remove to any free State, I wish her to be permitted to do so; and if she may be permitted to remain in North Carolina, that she may enjoy all the privileges that can be, or may be, allowed by law to slaves left by their masters or mistresses to be freed. The way I desire Venice to serve my daughters is, for her to be hired out for the term of ten years, and the proceeds of the same to be equally divided amongst them.”

Venice had no children at the time the will was made, but later had two, Jack and Festus. Executor Matthew N. Leary asked the court (1) if Venice was entitled to freedom and, if so, under what terms and (2) if Jack and Festus were entitled to freedom. The court was also asked if John Nash, born after his father made his will, was entitled to any of the estate.

The decision:

1. John, who was born after Nash made the will, but before his death, was entitled to a filial portion.

2. Venice can elect either to leave the State and be emancipated, or to remain here as a slave.

3. Venice’s two children, born after the will was made, are slaves. “There is no ground upon which they are entitled to their freedom” because Nash did not include Venice’s future increase in his bequest.

Donum Montford.

Donum Montford (Mumford) (1771-1838), New Bern brickmason, plasterer, and brickmaker, was prominent among the city’s early 19th century builders and became one of the wealthiest of the city’s free people of color. Memoirist Stephen Miller recalled that he was ‘copper-colored, and carried on the bricklaying and plastering business with slaves, a number of whom he owned. Whenever a job was to be done expeditiously, he was apt to be employed, as he could always throw upon it a force sufficient for its rapid execution.’

“Born a slave, Montford was owned by the prominent Richard Cogdell family until 1804. During his more than 30 years as a slave, he mastered the related trades of bricklaying, plastering, and brickmaking. He gained his freedom in 1804, when the widow Lydia Cogdell and her daughter Lydia Cogdell Badger sold him to the wealthy free man of color John C. Stanly, who emancipated him the next day, doubtless carrying out a strategy planned by all parties. As a free man, Montford promptly established his shop and began acquiring property. Although he was illiterate, signing documents with his mark, he was successful in his business. In 1806 his former owner, Lydia Cogdell, gave him a young slave, Abram Moody Russell, to train as an apprentice, then to emancipate upon his maturity; Abram Moody Russell Allen, as he was later known, was identified by Montford as his nephew and also became his heir and executor. In 1807 Montford took the first of many free apprentices to his trade. In 1809 he married Hannah Bowers. By 1811 he was purchasing real estate, and he eventually owned several town lots and houses, plus a farm. By 1820, according to the United States Census, Montford was head of a large household of free people of color, and had twenty-two slaves in his employ; whether he owned all of these is not certain. In 1827 Montford petitioned to emancipate his only child, Nelson, a plasterer who had worked with Montford until he attained his majority.

“Both Hannah and Donum Montford were members of Christ Episcopal Church in New Bern, and their burial services were recorded in the parish register noting them each as a ‘colored communicant.’ Montford’s stature in the community was indicated by his appointment to a committee, along with the leading white brickmasons in town, Bennett Flanner and Joshua Mitchell, to inspect repairs to Christ Church in 1832. He was regularly employed to work on public buildings. Along with taking free apprentices to his trade, he also trained slave artisans, such as Ulysses, ‘a plasterer by trade, who served his time with Donum Mumford, in the town of New Bern afterwards worked at his business upwards of four years, in Hyde County,’ and who could ‘read and write tolerably well.’ Ulysses had run away from William S. Sparrow, who advertised for his return in 1818.

“Despite his long and active career, few of Montford’s projects have been identified. For the Craven County Jail (1821-1825), a handsome and formal civic building, detailed construction records show his versatility. Montford supplied 100,000 of the roughly 400,000 bricks, at $5 per thousand, and he and his workers accomplished the lathing and plastering, including laborers (probably slaves) Charles, Edmond, and Romey at 5 shillings a day, and skilled workers Tony and Lawson at $1 a day. He typically charged 12 shillings and sixpence per day for his own work and a few other skilled men in his shop. Montford also supplied many of the bricks for the John R. Donnell House (1816-1818), which was among the finest of the city’s Federal style, brick townhouses, where Wallace Moore was the chief brickmason and Asa King was the lead carpenter. Montford also did some work beyond New Bern, including an unnamed project for Tyrrell County planter Ebenezer Pettigrew, who paid him in 1819 for delivering bricks and lime, building the foundation for a smokehouse, and mending plaster.

“At his death in 1838 Montford had a considerable estate in land, slaves, and personal possessions. Illustrating accounts of the prosperity and gentility of New Bern’s leading people of color, he left to his wife, Hannah, such household furnishings as a secretary, a sofa, a mahogany candle stand, a dining table, and a breakfast table; numerous serving pieces, including two dozen plates of Liverpool ware, silver teaspoons and tablespoons, decanters and wine glasses, and two oyster dishes; and two pictures, one of Napoleon, and one of Christ on the Cross. Among the many items sold from his estate were a musket and a shotgun, window sash, brick moulds, shad nets, and farm implements. His estate also included slaves Bob, Dick, Jim Carney, Dinah, Alexander, and plasterer-bricklayer Isaac Rue (Rew). Montford stated in his will that Isaac was to be freed after Hannah’s death; Isaac Rue continued to practice his trade for many years as a free man and a property owner.”

Author: Catherine W. Bishir.  Published 2009.

As published in North Carolina Architects and Builders: A Biographical Dictionary,  http://ncarchitects.lib.ncsu.edu  (All rights retained.) This web site is a growing reference work that contains brief biographical accounts, building lists, and bibliographical information about architects, builders, and other artisans who planned and built North Carolina’s architecture.  

Please free our sister.

To the Worshipfull, The Justices of the County Court held for the County of Craven of the term of June AD 1798 –

The Petition of Ann G. Daly Administratrix of the Goods & Chattels &c of John Daly esq’r dec’d & Guardian of Ann G. Daly & Sidney Maria Daly, children of the said John Daly dec’d, Robert Donnell & Eliz., his wife & Guardian of John Daly, son of sd. John Daly dec’d & John Sears, humbly Sheweth to your worships that the said Administratrix has at present in her possession a certain female mulattoe slave named Mary about the age of twenty years, which Slave in strictness of law makes a part of the personal estate of the said John Daly dec’d.  Your Petitioners further shew that the said Mary has always been reputed to be the child of the said John Daly dec’d, and in that light treated & regarded by the said John in his life time.

Your Petitioners further state that it was the full determined and avowed intention & desire of the said John to give or procure for the said Mary her freedom, and that to the effect the said John hath repeatedly & uniformly expressed himself during his life and at the hour of his death.

Your Petitioners further state that the said Mary is a Girl of excellent Character, that she is industrious Sober & honest & has always behaved dutifully and affectionately towards the whole family.  Your Petitioners feel themselves bound to state that, (John Daly, Ann G. Daly & Sidney M. Daly, three of the children of John Daly dec’d are under age & that to remove all objections that may arise an amount of the interest they have in the said Mary your Petitioners, Robert Donnell & Jno. Sears, are ready to give any security the Court may require either for their or the indemnification of the said Administratrix.  Your petitioners therefore pray that taking the promises into consideration your worships would pass an order granting the said Ann G. Daly Administratrix as aforesaid a license to make free & emancipate said Mulattoe female slave named Mary.  And your Petitioners in duty bound Shall ever pray, /s/ Ann G. Daly, Robert Donnells, and Jno. Sears.

Granted.

Miscellaneous Records, Craven County Records, North Carolina State Archives.