Orange County NcArchives Wills.....Armstrong, Thomas March 3, 1835 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 347-350 Written: March 3, 1835 Recorded: May 1835 Testator: Thomas Armstrong In the name of God, Amen. I, Thomas Armstrong of the County of Orange in the State of North Carolina, being of sound & disposing mind & mem- ory do make, constitute, publish & declare this as my last will & Testament in the manner and form following; to wit Imprimis, I give & devise to my dearly beloved wife Elizabeth Armstrong one third part of the tract of Land whereon I now live, including the mansion house, & necessary outhouses, but excluding the barn, sheds annexed thereto, with the machines therein &c. for & during her natural life, & at her death to my son Anderson Armstrong & his heirs forev= er: I further give & bequeath to my said wife for & during her natural life, the following negro slaves; to wit, Julia, Peggy, Harry, Sam, Alley, Milley, & Lucinda, & at her death the said slaves with all their increase up to that time, to be equally divided among my children, Anderson, Asenath, Thomas Lapslie, & Frances E. Armstrong & their heirs for ever: I further give to my said wife one carry-all, one cup- board, two tables, & one case of drawers. ~~~ My strong desire is, that my beloved wife & daughter Franc- es may continue to live with my son Anderson at the place of my present residence, & in that event, I enjoin upon my said son to take upon himself the management of the negroes hereinbefore bequeathed to my wife, together with those hereinafter bequeathed to my daughter Frances, & with the proceeds of their labour to furnish my said wife & daughter with a comfortable support, the former during her life time & the latter, till she shall marry or come to the age of 21 years, when her negroes with all their in= crease shall be delivered up to her. ~~ Should it howev= er happen that they do not continue to live together, then, it is my desire, that the aforesaid real & personal estate be delivered by my Executors into the possession of my said wife, together with two good farm horses, a suf= =ficiency [page 2] ficiency of farming tools to carry on her farm, & also kitchen furniture, & one year's provisions for her- self, family & stock: & to my daughter Francis in case of such separation, a good horse saddle & bridle 2ndly I give & devise to my son Anderson Armstrong all the land now possessed by me in the County of Orange & State of North Carolina, with the appurtenances, (except that in which I have hereinbefore given to my wife a life time estate, & in regard to that, I give & devise the same to him after such life estate) to him & his heirs forever: I further give & bequeath to my said Son Ander= son the following negro slaves together with such increase as they may have at my death; to wit, Black Phillis, Davie, Bob, Thomas Washington, Robert Willie, Jerry Umstead, Drusilla, Tenah, Levinia, Henry Jackson, Anderson, Patsey, Nathaniel Giles, Allen, & John Bane, with all my stock of every description, household & kitchen furniture, farming tools &c (except in case of a separation as aforesaid) one desk, one clock, & one watch, to him & his heirs forever: I further give & bequeath to my said son all notes, accounts & monies belonging to me, out of which he is to pay all my just debts.~~~ 3rdly I give & bequeath to my daughter Asenath Currie & son-in-law John Currie, the following negro slaves, together with such increase as they may have at my death; to wit, Candice & her three children, Eliza & her three children, & Maria & her two children, also one man Lewis in special trust & confidence for their own benefit & use till the death of my daughter Asenath; at which time, said negroes with all their increase are to be valued & divided between her children & husband in the following manner, (to wit,) If she should not have more than six children, her hus- band John Currie is to receive one seventh part of [page 3] the abovementioned negroes during his natural life, & at his death such part is to be equally divided among my said daugh= ter's children; but if she should have more than six children, then her said husband is to receive a child's part of said negroes, during his natural life; & at his death such part to be divided as aforesaid: after her husband has received his part as above-directed, the remainder of said negroes to be equally divided among her children, Thomas Ander son, Ann Elizabeth & such other children as she may have; this property of said children, however, to remain in the hands of their father, till one of them shall marry or come to the age of 21 years, when such child's part shall be delivered up to him or her, (as the case may be); and so with the rest successively as they marry or come to the age of 21 years: ~~ And this disposition of my property is not made on account of any want of confidence in my son-in-law Currie, for in him I have every confidence, but because I wish these negroes to remain among my descendants. ~~~ If previous to the death of my daughter Asenath, any of the above-mentioned negroes should prove ungovernable, I allow my said daughter & her husband to sell such negro or negroes, & put out the price upon interest, ~~ said interest, to be used for the benefit of the family, & the principal to be divided among her children as before directed with respect to their negroes. ~~ 4thly I give & bequeath to my son Thomas Lapslie Armstrong the following negro slaves; to wit, Enoch, George, Sandy, Susan, Emiline, & Nancy, together with all their increase at my death: I further give & devise to him all my interest in a certain tract of land lying in Montgomery County in the State of Georgia; also two good beds & furniture ~~~ to him & his heirs forever. ~~ The remainder of the beds & furniture to be equally divided among my wife, daughter Frances, & son Anderson. [page 4] 5thly I give & bequeath to my Executors hereinafter named, the following negro slaves; to wit, Yellow Phillis, Annis, Sarah, Charity, Biddy, Fanny, & Henry Stan= ford with all their increase at my death, in special trust & confidence for the sole benefit & use of my daughter Frances E. Armstrong, to whom on coming of age or marrying, they are to deliver the possession of said negroes & their increase; & if after marrying she should have issue & die before her husband, the same disposition is to be made of said negroes & their increase as herein-before directed with regard to my daughter Asenath & her husband; but should she die without issue, said property to be thereupon equally divided among my chil= dren Anderson, Asenath, and Thomas Lapslie. As regards my son James Armstrong, having already given him, as I consider a suffi= ciency, I now leave it discretionary with my son Anderson to make what further provision for him he may think proper. It is my strong desire however, that my said son Anderson procure a sufficient tract of land for the maintenance of my son James & his family and allow him the free use of it during his natural life, & at his death divide said tract of land equally among his children. Should any of the negroes hereinbefore bequeathed to my wife prove ungovernable, I allow my said wife & Executors, or either of said Exrs hereinafter named to sell such negro or negroes, & put out the price of the same upon interest, the said price, at her death, to be equally divided among my children An- derson, Asenath, Thomas Lapslie, & Frances E. Armstrong [page 5] and the interest, to be used for the support of my said wife. I constitute & appoint Anderson Armstrong & Thomas L. Armstrong Executors of this my last will & Testament ~~ In testimony of all which I have hereunto set my hand & affixed my seal this 3rd day of March one thousand eight hundred & thirty five. 1835 Thos. Armstrong (seal) Signed, sealed, published & declared in the presence of us, who were called on by the Testator to witness his signa- ture, which we did in presence of him & of each other William Clark Jno Bane Thos. P. Paul Jurat Exr qualified [Will Book Volume E, page 347] In the name of God Amen I Thomas Armstrong of the County of Orange in the State of North Carolina being of sound & disposing mind & memory do make Constitute publish & declare this as my last Will & Testament in the manner & form following (to wit) Imprimis, I Give and devise to my dearly beloved wife Elizabeth Armstrong one third part of the tract of land whereon I now live including the mansion house & necessary out houses, [but] excluding the barn sheds annexed thereto with the machines therein &C for & during her natural life & at her death to my Son Anderson Armstrong & his heirs forever I further give & bequeath to my said wife for & during her natural life the following negro slaves (to wit) Irelia [orig: Julia], Peggy, Harry, Sam, [Alley,] Milley, & Lucinda, & at her death the said Slaves with all their increase up to that time to be equally divided among my Children, Anderson, Asenath, Thomas Tapslie[sic] & Frances E Armstrong & their Heirs for ever I further give to my said wife one carryall one Cupboard two tables, & one case of drawers ~~ My strong desire is that [my] b[e]loved wife & daughter Frances may continue to live with my son And =erson at the place of my present residence & in that event I enjoin upon my said son to take upon himself the management of the negroes [x-out] hereinbefore bequeathed to my Wife together with those ~~~ hereinafter bequeathed to my daughter Frances & with the proceeds of there[sic] labour to furnish my Said wife & daughter with a comfort =able support the former during her life time & the latter till She Shall mar[r]y or come to the age of 21 years, when her negroes with all their increase Shall be delivered up to her ~~ Should it howev= er happen that they do not continue to live together then it is my desire that the aforesaid real and personal estate be delivered by my Executors into the possession of my said wife together with two good farm horses a sufficiency of farming tools to carry on her farm, & also Kitchen furniture & one Years provisions for her self family & stock & to my daughter Francis in case of Such Separation a good horse Saddle & bridle 2ndly I Give & devise to my son Anderson Armstrong all the land now possessed by me in the County of Orange & State of North Carolina with the appertenances[sic] (except that in which I have hereinbefore given to my wife a lifetime estate [Will Book Volume E, page 348] and [in] regard to that I give & [x-out] devise the same to him after Such life estate) to him & his heirs forever I further give and bequeath to my said Son Anderson Armstrong the following negroes[sic] Slaves together with Such increase as they may have at my death (to wit) Black Phillis, Davie, Bob, Thomas Washington, Robert, Willie, Jerry, Umstead, Drusilla, Tenah, Levina, Henry, Jackson, Anderson, Patsey, Nathaniel, Giles ~~ Allen, & John Bane, with all my Stock of every description household & Kitchen ferniture, farming tools &c (except in Case of a Separation as aforesaid) one dish [orig: desk], one clock, & one watch to him & his heirs forever: I further give & bequeath to my Said son all notes, accounts & monies belonging to me out of Which he is to pay all my Just debts 3ndly[sic] I give & bequeath to my daughter Asenath Currie & son in law John Currie the following negro Slaves together with Such increase as they may have at my death (to wit) Candice & her three Children, Eliza & her three Children & Maria & her two children, Also one man Lewis in special trust & Confidence for their own benefit & use till the death of my daughter Asenath at Which time said negroes with all their increase are to be Valued & divided between her children & husband in the following manner (to wit) If She Should have not more than six Children her husband John Currie is to receive one seventh part part[sic] of the abovementioned negroes during his natural life & at his death Such part is to be equally divided among my said daughters Children, but if She Should have more than six children then her said husband is to receive a childs part of said negroes during his natural life & at his death Such part to be divided as aforesaid: after her husbands[sic] has received his part as above directed, the remainder of said negroes to be equally divided among her children Thomas Anderson, Ann Elizabeth & Such other children as she may have; this property of said chil =dren, however to remain in the hands of their father till one of them Shall marry or come to the age of 21 years, when each [orig: such] childs part shall be delivered up to him or her (as the case may be) and so with the rest Successively as they marry or come to the age of 21 years and this disposition of my property is not made on Account of any want of confidence in my soninlaw Currie for in him I have every Confidence but because I wish these negroes to remain Among my descendants ~~ If previous to the death of my daughter Asenath any of the above mentioned negroes Should prove ungovernable I Allow my said daughter & her husband to sell such negro or negroes & put out the price upon Interest ~~ said intrust[interest] to be used for the benefit of the family & the principal to be divided among her Children as before directed with respect to their negroes [Will Book Volume E, page 349] 4ndly[sic] I give and bequeath to my son Thomas Lapslie Armstrong the following negroes[sic] Slaves; (towit) Enoch George Sandy Susan Emaline and Nancy together with all their increase at my death I further give & devise to him all my interest in a certain tract of land lying in Montgomery County in the State of Georgia also two good beds & furniture to him & his heirs forever.~~ The remainder of the beds & furniture to be equally divided among my wife, daughter Frances, & son Anderson 5thly I Give and bequeath to my Executors herein after named the following negro Slaves (towit) Yellow Phillis; Annis, Sarah, Charity, Bidy, Fanny & Henry Stanford with all their increase at my death in Special trust & Confidence for the sole benefit and use of my daughter Frances E Armstrong to whom on coming of age or marrying they are to deliver the possession of said negroes & their increase; & if after marrying She Should have issue & die before her husband the same disposition is to be made of said negroes & their increase as herein before directed with regard to my daughter Asenath & her husband; but should She die without issue Said property to be thereupon equally divided among my Chil= dren Anderson Asenath & Thomas Lapslie ~~~~~~ As regards my Son James Armstrong, haveing already gaven[sic] him, as I consider a Sufficiency I now leave it discretionary with my son Anderson to make what further provisions for him he may think proper It is my strong desire however that my said son Anderson procured[sic] a sufficient tract of land for the maintenance of my son James & his family & allow him the free use of it during his natural life, & at his death divide said tract of land equally among his children Should any of the negroes hereinbefore bequeathed to my wife prove ungovernable I allow my Said wife & Executors or either of said Exrs. here[i]nafter named to Sell Such negro or negroes & put out the price of the same upon Interest the said price at her death, to be equally divided among my children Anderson Asenath, Thomas Lapslie & Frances E. Armstrong and the Interest to be used for the Support of my said wife I Constitute & Appoint Anderson Armstrong & Thomas L Armstrong Executors of this my last will & Testament -- In testimony of all which I have hereunto set my hand & affixed my seal this 3rd day of March one thousand eight hundred & thirty five (1835) Thomas Armstrong (seal) Signed, sealed, published & declared in [the presence] of us who ware called on by the Testator to witness his Signature which we did in presence of him & of each other William Clark Jno Bane Thos. P. Paul [Will Book Volume E, page 350] Orange County May Term 1835 The Execution of the foregoing last Will and Testament of Thomas Armstrong decd. was duly proved in open Court by the oath of Thomas P Paul a subscribing witness thereto and ordered to be recorded At the same time Anderson Armstrong & Thomas L Armstrong the Executors therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 347-350 Recorded May 1835 Estate papers comprise 14 pages and are found in a folder labeled "Armstrong, Thomas (1853)". Some transcriptions found below. [Estate Papers - Petition to Divide Slaves Nov 1853] State of North Carolina } County Court Orange County } Nov. Term 1853 To the Justices of said Court: The petition of Thomas L. Armstrong, John N. Clarke admr. of Anderson Armstrong deceased, Jamse Morrow admr. of Frances E. Morrow decd. and John N. Clarke admr. of Aseneth Currie deceased, Respectfully sheweth unto your worships that Thomas Armstrong late of Orange County, deceased, by his last will and testament which was duly proved & recorded in Orange County Court, left certain ne= groes to his wife for life an after her death to his two sons Thomas and Anderson and his two daughter Fran= ces and Asenath, that Anderson died intestate and your petitioner John N. Clarke is his administrator; that ["Aseneth" x-out] Frances was married to your petitioner William Morrow and has died since her father and in the lifetime of Mrs Armstrong and the said William Morrow is her administrator, that Aseneth was married to ______ Currie and died in the life time of Mrs. Armstrong after the death of her father and your petitioner John N. Clark is her administrator. Your petitioners shew that the said negroes are about 16 in number and they pray that commissioners may be appointed to divide & allot them among your petitioners accor= ding to law J.W. Norwood Atto [Estate Papers - Division of Slaves Nov 1853] State of North Carolina } Court of Pleas & quarter Orange County } Sessions November Term 1853 Thomas L Armstrong & other } Petition to Exparte } divide Slaves On motion.. It is ordered by the Court that O. F. Long Samuel W Hughes Catlet C Tinnen Stephen Clarke and James W Riley or any three of them be appointed Commissioners to divide the Slaves mentioned in the Petition equally between Thomas L. Armstrong John N Clarke Administrator of Anderson Armstrong William P Morrow Administrator of Frances E. Morrow and John N Clarke Administrator of Aseneth Currie deceased And to make their Report to the next Term of this Court Witness George Laws Clerk of our said Court at Office in Hillsborough the 4th Mon= =day of November AD 1853 Issued 8th December 1853 Geo Laws CCC [page 2] Pursuant to the annexed commission we O.T. Long, Catlett C Tinnen, Stephen Clarke and James W. Riley did proceed on January 17th 1854 to value and divide the negroes belonging to the Estate [of] Thomas Armstrong Dec'd. as follows. viz. Lot 1 To the Estate of Anderson Armstrong Decd. Bob aged 17 $1050 Mary " 8' 600 Milly 42 450 ____________ $2100 Pays to Lot No 4 9.37 1/2 ____________ $2090.62 1/2 ============ Lot 2nd To William P. Morrow adr. &c Franklin aged 14 950 Jane 13 850 Betty 5 400 Julia Senr. 72 0 ____________ $2200 Pays to Lot No 4 $6.25 Pays to Lot No 3 $103.12 1/2 109.37 1/2 ____________ $2090.62 1/2 ============ Lot 3 John N. Clarke adr. of Azenith[sic] Currie Julia Jr. aged 15 $850 Sam " 44 650 Harry " 54 450 Alley --- 37.50 Receive from Lot 2 103.12 1/2 ____________ $2090.62 1/2 over [page 3] Lot 4 To Thomas L. Armstrong Frederick aged 12 $850 Lucinda " 33 650 Frances " 2 250 Martha 9 months 150 Peggy 58 175 Receive from Lot 1 9.37 1/2 Do Lot 2 6.25 ____________ $2090.62 1/2 Given under hands seals - the day and date above written O. F. Long (seal) James P Riley (seal) C. C. Tinnin (seal) S Clarke (seal) [Estate Papers - Petition] State of North Carolina } In Equity Orange County } March Term 1854 To the Honorable Judge of said Court The petition of Thomas L. Armstrong, James Arm- strong, vs Children of Aseneth Currie decd, Martha Morrow and Thomas Morrow of whom the last two are minors ??? by William Morrow their next friend and regular guardian Respectfully sheweth unto your Honor that Thomas Armstrong late of the County of Orange died many years ago leaving a last will & testament which was duly executed so as to pass his real estate and was after his death proved in Orange County Court and is there now of record, that by said will among other thing he devised a tract of land lying in Orange County ["to be" x-out] on the watets of Eno adjoining the lands of Wm. Clark Jas Clarke Nathan= iel Bain & others, and containing about 400 acres to his widow for life and at her death to his son Anderson Armstrong in fee. Mrs. Arm- strong died a few months ago, and the said Ander- son Armstrong died intestate in Orange County several years ago, and by his death his title in remainder to said lands descended to his heirs at law namely Thomas L. Armstrong, James Armstrong who has sold his interest in said land to said Thomas L. his bro= [page 2] [??? Is there a page missing? What happened to the rest of the word on the preceding page?] and Martha Ann ["Armstrong and then" x-out] Morrow and Thomas Morrow who are the only children and heirs at law of his sister Nancy who married Wil= liam Morrow & is now dead and The children of Asenath ["Currie" x-out] his sister who married __[John]____ Currie and is now dead. Your petitioners shew that the said Tract of land is nearly all cleared & greatly exhausted by being cultivated and that it could not be divi= ded among them without serious injury to their interests. They therefor pray that the same may be sold by order of this court and the proceeds of the sale divided among your petitioners according to their respective rights therein. J. W. Norwood Sol for petitioners This case coming on to be heard before the petition and the court being satisfied of the truth of the matters therein contained, it is ordered & decreed by the Court that the Clerk & Master of this Court sell the lands mentioned in the petition on a credit of twelve months, & take bond & good security from the purcha= ser & report to the next term of this court, & reserve the title till the further order of the Court ---