Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: wills

July 2, 2013

The predicament.

As we have already noted, according to the laws of the colonial period, illegitimate children acquired the status of the mother, and this ruling explains the predicament of John Oggs’ children. Oggs was a bachelor whose housekeeper and cook was his slave, a Negro woman named Hester. By her he fathered four offspring, two males and two females. To “my gairl Alley (Alice)” and “my boy Jesse” he devised an equal interest in the plantation whereon he lived. To “my gairl Prudence” and “my boy Charles” he bequeathed the “land on the Island.” The total acreage of his real estate was between two and three hundred acres. He had failed, however, to provide for the manumission of either the mother or her children and since the law prohibited a slave from owning real property, the complications produced by the will became immediately evident. Here were properties clearly intended for individuals who were unable to exercise the privileges of ownership.

This peculiar state of affairs continued for a period of eighteen years, the boy Jesse having died in the meantime, when John Hamilton solved the problem by sponsoring a special legislative enactment, doubtless at the behest of interested persons in Camden and in Pasquotank. Following are quoted pertinent passages from the act finally passed by the State Legislature: “And whereas, the within mentioned Hester, and her children Charles, Alley and Prudence Oggs, are recommended to this General Assembly by several very respectable inhabitants of Camden and Pasquotank, as worthy of being manumitted and set free agreeable to the intentions of their father John Oggs. . . . Be it therefore enacted, that the said Negro woman Hester, and her children Charles, Alley and Prudence Oggs, are hereby manumitted and set free to all intents and purposes, and to possess all rights and privileges as if they had been born free.”

Exercising their long-delayed rights of ownership, for a few years the Oggs heirs sold and bought real estate. The father had owned one tract located in a neighborhood now known as Wickham, and the other was on Indian Island. Prudence finally purchased fifty acres on Indian Island, where she apparently spent her last days. Hester and the other two children later assumed the surname of Dixon. Eventually they sold all their possessions and departed for parts unknown.

Excerpt from Jesse F. Pugh, Three Hundred Years Along the Pasquotank (1957).

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June 1, 2013

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. 

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May 16, 2013

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.

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May 10, 2013

To Minta, reserving for Itey a life estate.

In the name of God Amen,

I, James M. McDuffie being of a sound and disposing mind and memory, blessed be God, though weak and infirm in body make and constitute this my last will and testament

Item 1st  It is my will and desire that my Executor hereinafter named shall have my body decently interred after my death in the old family grave yard in the county of Cumberland and after paying all my just debts to dispose of the residue of my Estate as follows.

Item 2nd I will and bequeath unto Minta Bryant the tract of land on which Itey Simmons now lives, reserving to said Itey a life estate in said land, which tract contains about fifty six acres, adjoining the lands of Pollock, Glisson & others to have and to hold said land with its appurtenances to and her heirs forever;

Item 3rd I will and bequeath all the balance of my property of whatsoever kind or description both in possession and in action real and personal to my brother Malcom J. McDuffie to use occupy and possess the same to dispose of it in whatever manner he may deem fit and proper (due regard being paid to what slaves I may own or leave at my death) to have and to hold the same to him and his heirs forever;

Item 4th I hereby constitute my said brother Malcom J. McDuffie Executor of this my last will and testament and do revoke all wills and testament by me heretofore made,

In witness whereof I hereunto set my hand and affix my seal this the Twenty first day of May 1862.    /s/ Jas. M. McDuffie

Signed and sealed in the presence of W. Vernon, Wm. W. Fulghum

Proved August Term 1862. Wayne County Will Book R13, page 462, North Carolina Probate Records 1735-1970, https://familysearch.org. Original, North Carolina State Archives.

In the 1860 census of Indian Springs, Wayne County, Minta Bryant, 23, and her children Mitchel, 4, Edith, 6, and Rufus Bryant, 2, all mulatto, lived in the household of James McDuffee, 41.

[Sidenote: Was McDuffie the father of Bryant’s children? He purchased the land from Itey Simmons’ son David in 1855, subject to Itey’s life estate. After Itey’s death, Minta Bryant was forced to sue to recover the property.]

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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 10th 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 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 7th 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 28th 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 19th 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.

———-

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 9th 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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February 2, 2013

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.

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January 11, 2013

I begive and bequeath.

I Hardy Laseter of the County of Edgecomb and State of N. Carolina now being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my Last will and Testament in manner and form following – that is to Say –

First. I give and bequeath unto my son Silas Laseter all that tract of Land where he now Lives known by the name of the Tomlinson tract containing Eighty one acres more or less adjoining the Lands of Benj Sims and I Give and bequeath unto my Sons Mathew Green & Hardy Laseter all my Tract of Land whereon I now Live to be eaqually divided between them.  And it is my will and desire that the said Lands shall be divide in to three equeal Shears & for my son Hardy Laseter to have his shear whereon the House now stand, as the dowery part.  And I begive and bequeath unto my son Silas on sorrel mare by the name of Bony.  And I give unto my son Mathew one Sorril Horse Name Doctor I also give unto my son green one Sorrel Horse one bay mare by the name of bunch.  I Also give unto my daughter treacy fifty dollars in money from the proceeds of my affects

And I give unto my Daughter Penny or her heirs fifty dollars from the proceeds of my affects. I also give unto my Daughter Sally Artice fifty Dollars out of the proceeds of my effects and I Also give unto my Daughter Rachel One feather bed & furniture the one Known as the bed I occupy my self.  And one cow by the name time. And thirty Dollars in Money from the proceeds of my affects.

I Also give unto my Little grand Daughter Elvey Laseter Ten Dollars of the proceeds of my affects And it is my will & desire that all my parishable property to be sold except what I have alredy mentioned in this my Last Will & Testament. And after each one of my Daughters Receiving the amts here set apart for them the Balance to be equally divided between my four Daughters & my Little grand Daughter Elvey according to each ones shear

And I do hereby Constitute and appoint my John W. Farmer my Lawful executor to all my intents and purposes to execute this my Last and Testament according to the true intent and meaning of this [illegible] and every part & Clause thereof, hereby revoking and declareing utterly void all other wills and Testament by men heretofor made in witness I hereto sit my hand and seal this day 9 October 1851. Test William Tomlinson, Josiah Farmer     Hardy X Laseter

Hardy Lassiter’s will was proved at May Term, 1853, of Edgecombe County Court shortly after he died. Wills, Edgecombe County Records, North Carolina State Archives.

In the 1850 census of Edgecombe County: Hardy Laster, 73, wife Beady, and children Mathew and Silas, 26, Green, 25, Hardy, 21, and Rachel, 20.

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January 10, 2013

Daddy’s baby.

Julius A. Howell et al. v. Henry Troutman, 53 NC 304 (1860).

This Rowan County case involved a contested will.  Jacob Troutman’s last will and testament contained the following bequests and devises:

“Item 3d. I will and bequeath to Ann Allmond two hundred and fifty dollars, provided the said Ann shall live with my wife, Polly, and assist her in health and in sickness; and if the said Ann shall faithfully perform her duty to my said wife during the life of my wife or widowhood, then at the death of my said wife, I will and bequeath to the said Ann, five dollars more.”

“Item 4. All the ballance of my estate and property of every kind and description, including my gold mine and every thing else, I will and bequeath to Lucy, the infant child of the said Ann Allmond, and if the said Lucy should die without lawful children or child, then it is my will, that all I have willed to the said Lucy, shall be divided between the children of my brothers, David Troutman, John Troutman, and my sister, Sarah Earnhart’s children.”

Troutman’s execution of the will was duly proven by the three subscribing witnesses, who also testified that in their opinion he was of sound mind when he signed it.

Jacob Troutman and his wife Polly had no children.  Ann Allmond lived in their house as a housekeeper from 1849 to 1858. (Troutman died in the fall of the latter year.)  A witness at trial testified that Ann Allmond was a white woman and her daughter Lucy, in his opinion, was a mulatto; that Lucy died at about age three; and that, both before and since Lucy’s death, Troutman told him that the child was his, and accounted for her color from a fright which Ann Allmond had received while pregnant.  The witness further testified that he had done a lot of business for Jacob Troutman; that Troutman sent Ann out of the room during the drafting of the will; that the witness urged Troutman to leave his brother Henry Troutman something, but he declined, saying that Henry would spend it in litigation. The witness also stated that Troutman had become displeased with Henry because of some lawsuit they had had.

Witness James Montgomery swore that he had no doubt that Lucy was a half-blood mulatto, based on her color; that he was a neighbor and had frequent opportunities to see the child; and that Troutman believed the child was his, said he knew she was, and that he intended to make a lady of her.

Dr. J. P. Cunningham testified that he was a practicing physician in the vicinity of Jacob Troutman’s residence; that on one occasion he was called upon by Troutman to visit Lucy; that when he arrived, he found her in his arms; that he called her “daddy’s baby”; and that the child was unquestionably a negro.

Dr. John R. Wilson, also a practicing physician, testified that Lucy was, in his opinion, a mulatto, and that Troutman had once remarked to him that he loved the child as much as if she were his own, and that Allmond had gone out and picked it up somewhere.

J. C. Barnhart swore that he was a justice of the peace in the county when Ann Allmond was pregnant,  and issued a warrant for her to make her swear to the father or give bond as prescribed by law; that she gave the bond and Jacob Troutman either became her surety or procured someone to do so, he did not remember which; and that Troutman was a man of sound mind, though very illiterate.

J. M. Long, Esq., the draftsman of the will, testified that, after Lucy’s death, Troutman asked him whether another will was necessary to dispose of the part he had left for the child; that he advised him that it was not, but that the property would go over to his relatives under the provisions of the existing will.

Henry Troutman’s counsel insisted that the jury should hear testimony that the will was procured by the false representations and undue influence of Ann Allmond.  However, the County Court charged the jury that there was no evidence of such influence as would invalidate the will and, if they believed the testimony, the decedent was of sound mind; also, that the will was properly attested and executed. Henry Troutman’s counsel excepted.

The Supreme Court’s decision: The fact that Troutman bequeathed a legacy to the mulatto child of his housekeeper, a white woman, which the mother had induced him to believe was his, is no evidence that his will was obtained by fraud and undue influence. “Supposing that he did believe the child was his, and that the mother of it told him so, there is not the slightest testimony to show that she ever even asked him to make a will in favor of her and the child, or that she knew, before the will was made, that he intended to make one, or, afterwards, that he had made it.” “The truth is, that the old man, being childless by his wife, took a strange fancy to the child of his housekeeper, and whether it were his or not, he had a father’s love for it, and our law imposes no prohibition upon a man to prevent him from bestowing his property upon the object of his affection. Affection or attachment, as Sir John Nichol said, ‘would be a very strong ground of support of a testamentary act.’”

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