Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: will

Full and entire liberty.

In the name of God Amen I Rebekah Black of the County of Iredell & state of Northcarolina being Sound in mind & memory but of old age & mindful of mortality do make ordain & declare this my last will & Testament as follows.

My negro man London I allow to be disposed of as follows for one year after my death I give & bequeath his servises & labor to my son Wm. the next year to my son James the next year to my son William & the next year to my son James after the sd. London shall have served my two sons affoursaid four years from the day of my death I give & bequeath to the sd. London his full & intire liberty this I do consideration of the faithfullness & meritoreous good servises of the sd. London as a servant to me during twelve years I have lived a widow & I do soncearly hope & trust in the fidelity of my executor & in the Justice & human sentiment of the legislature to confirm as far as may be necessary this my bequeathment to my faithful & trusty servant above named.

… I do hereby constitute & appoint my son Jas. Black  & Richar H. King executors of this my will hereby declaring all former Will or Wills by me made to be null & void & confirming Publishing & declaring this & none other to be my last will & testament this 4th Day of May in the year one Thous’d eight hundred & Eight Signed Sealed & Published & declared in Presence of Sam King, Cyntha King   {seal} Rebekah Black

Will Book 1, page 125-126. Office of Clerk of Superior Court, Iredell County Courthouse, Statesville.

Daniel Artis’ will and estate.

Daniel Artis was born about 1820, probably in Greene County, and died in early 1905. He married an enslaved woman (or women) whose name is unknown, and his children were born in slavery. Daniel recorded two wills in short succession in Greene County. The first, dated 15 January 1905, was recorded in Will Book 1 at page 514; the second, dated two days later, at page 524. The legatees are the same, but the gifts are packaged differently:

Item 1. Page 514 — to daughter Clary Edwards, wife of Henry Edwards, his interest valued at $172 in the tract of land on which Clary and Henry live. The tract was purchased from Debro Cobb with money advanced from Henry Artis. If $172 is more than the other’s children’s share, Clary is to make them even, and vice versa. Page 524 — to daughter Clara Edwards, wife of Henry Edwards, his interest valued at $172 in the tract of land purchased from Debro Cobb. His agreement with Henry Edwards has not been recorded.

Item 2. Page 514 — to son Henry Artis, 1/4 interest in his real estate. Page 524 — to son Henry Artis, 40 acres, including the house in which Daniel then lived.

Item 3. Page 514 — to the children of his son Lodrick Artis (Anna Randolph, Frank Artis, Lula Forbes, Madison Artis, Marcellus Artis, Ernest Artis, Dicey Batts and Hannah Artis) 1/4 of his estate. Page 524 — to the children of Lodrick Artis and his wife Mandy, 40 acres (land Lodrick resided on at the time of his death) and all buildings thereon.

Item 4. Page 514 — to the children of his daughter Prior An Thompson (Isaac Sauls, C.D. Sauls, Maria Edwards and Clara Lane), 1/4 of his estate. Page 524 — to Prior An Thompson’s children and their heirs, 40 acres that Willis Thompson lives on.

Item 5. Page 514 — $50 to daughter Mariah Swinson, wife of Jesse Swinson, to be paid from the shares of the others in the amount of $12.50 each. Page 524 — a committee to be appointed to assess value of shares and make Clara Edwards’ share equal to the others, difference to be paid within seven years.

Item 6. Page 514 — none. Page 524 — Each lot to be taxed $12.50 to pay daughter Mariah Swinson, wife of Jesse Swinson.

Grandson Isaac Sauls was appointed executor in both, Daniel Artis signed each with an X, and both were proved on 21 March 1905.

Whatever his intent at clarification, things did not go well with Daniel’s estate. A Notice of Sale ran four weeks from December 1923-January 1924 in the Greene County weekly The Standard-Laconic announcing the sale of “a certain tract or parcel of land devised to Henry Artis by Daniel Artis by his last will and testament, … containing 40 acres.” The sale was advertised pursuant to a judgment in Greene County Superior Court in the matter of Frances Hall; Bennett Hall; Bessie Woodard, infant; and Alice Woodard, infant, by their next friend Amos Woodard v. J. Settle Artis and Roumania Artis. Settle Artis, who was Henry Artis’ son, had purchased the parcel at a courthouse sale the previous July. Frances and Bennett Hall were Settle’s sister and brother-in-law, and Amos Woodard was another brother-in-law, widower of Settle’s sister Dillie.

The next suit over Daniel’s estate — filed in 1930 — was Isaac Sauls; Walter Sauls; Luby Sauls; Edward Sauls; Hattie Speight and her husband Walter Speight; Mariah Thompson; Lillie May Sauls, minor, George Sauls, minor, Sarah Sauls, minor, Lillie Lee Sauls, minor, Walter Sauls, minor, appearing by their next friend, Luby Sauls; and Nettie Sauls; Henry B. Lane; Lillie Maud Best and her husband Alex Best; John H. Lane and Carrie D. Lane, a minor, children and heirs at law of Clara Thompson; Penny Edwards, Silas Edwards, Prior Edwards and the Henry Pettaway children as follows: Hadie Pettaway, minor, Willie Harrison Pettaway, Georgia May Pettaway, minor, Minnie Clyde Pettaway, minor, grandchildren of Mariah Edwards, by their next friend Henry Pettaway v. C.D. Sauls and Duffrey Edwards. In other words, a fight among the heirs of Daniel’s daughter Prior Ann Artis Sauls Thompson. The crux of the matter is set out in paragraph 10:

10. That the plaintiffs, heirs at law of Isaac Sauls, Mariah Edwards and Clara Thompson are the owners of three fifths of the land devised by Daniel Artis in Item 4 of his will to the children of his daughter Prior Ann and are entitled to have the defendant Cain D. Sauls declared to have the same held in trust for them and are entitled to an accounting of the rents and profits of the same from the date of his purchase in 1908.

Instead, they alleged, C.D. Sauls had been keeping hundreds of dollars of rent for himself and, in 1928, had sold the parcel to Duffrey Edwards for $3000, with full knowledge by Edwards that Sauls was trustee for his relatives. C.D. denied all, of course. In 1937, his daughter and son-in-law, Willie Sauls Burgess and W.D. Burgess, were added as defendants after C.D. and his wife Ada allegedly tried to fraudulently transfer the disputed property to her. In 1939, the clerk of court entered a non-suit judgment noting that the parties had reached an amicable settlement. No details were included. The matter was over.

The plantation where Indian Bet lives.

State of North Carolina, October the 1 Day 1777

In the Name of God amen I Samuel Woodland of the County Tyrrel and State aforesaid being weak in body but of Sound Memory (blessed be god) Do this Day being the first Day of October in the year of one thousand Seven hundred and Seventy Seven make and Publish this my Last will and Testament in manner following: that is to Say first of all I give and bequeath unto my son Stephen Woodland one hundred & one Acres of Land lying on Southfork Creek known by the name of the hill of Dumplin Land and Plantation To him and his heirs for Ever and in Case the Said Stephen Woodland Dyes without an heir lawfully Begotten of his Body then the Said Land to be Equaly Divid between my Two Sons John Woodland and Samuel Woodland and their heirs for Ever

Item I Give and Bequeath unto my Loving Son in Law Thomas Williams the Land and Plantation where on Indian Bet Simpson Now Liveth it being the Land that I bought of John Hooper to him and his heirs for Ever

Whereof I the Said Samuel Woodland have hereunto Set my hand and Seal as my Last will and Testament in the Presenc of Jeremiah Franer, James Phelps             /s/ Samuel Woodland {seal}

Wills, Tyrrell County Records, North Carolina State Archives.

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

—–

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.

———-

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.

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]

Bury me by my mother.

In the name of God Amen, I Jesse May alias Jesse Clark being of sound mind & memory recollecting at the same time the mortality of man & that all must die sooner or later have made this to be my last will & testament, that is to say I wish my body to be decently buried at my own meeting house by the side of my mother & as to my soul, I recommend it to God who gave it to be disposed of as He sees fit.

My will & desire is that all my land should be given to my sister Tabitha along with all my stock of horses & cattle & household furniture of every description & I will & give & bequeath to her & her heirs forever – Jesse X May — signed in the presence of John C. Hinson & John Wall

Will Book 2, Page 102, Office of Clerk of Superior Court, Anson County Courthouse, Wadesboro.

[Hat tip to Steve Bailey, genealogy1959@yahoo.com.]

Privileges for Joe.

There was sentiment in both [Wilmington and Fayetteville] in favor of granting slaves special privileges. Joe, the slave of Phillis Dennis of Fayetteville, provides a good example of a person in bondage enjoying the privileges of a freeman. Joe was permitted to hire his own time and was accorded the opportunities of any freeman. In her last will and testament, Joe’s mistress conveyed him to Augustus I. Erambert and Charles A. MacMillan. Her will read that they should permit Joe “to exercise his trade without interference.” Erambert and MacMillan were instructed to allow Joe to “occupy possess, and enjoy her dwelling house during his life.” Upon the death of either party the survivor at the request of Joe was to appoint some prudent and discreet man to be named by Joe as a trustee.

From James Howard Brewer, “Legislation Designed to Control Slavery in Wilmington and Fayetteville,” North Carolina Historical Review, Volume XXX, No. 2, April 1953.