Orange County NcArchives Wills.....Bolls, Adaline May 5, 1862 ************************************************ 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 G, page 388 Written: May 5, 1862 Recorded: May 1862 Testator: Adaline Bolls I Adaline Bolls considering the shortness of life and the certainty of death do make and publish this my last Will and testament in manner and form following: First I commend my soul to God who gave it. then as touching my worldly estate which God in his goodness hath given to me I dispose of as follows: Item 1st After the payment of my debts and funeral expenses I divise and bequeath all my estate both real and personal to Patterson H McDade to have and to hold to him and his heirs forever in trust nevertheless and to the intent and purpose that he shall have the management of it until my daughter Delphina shall attain her majority at which time I direct my trustee the said Patterson H. McDade to pay over to my said Daughter Delphina all the siad[sic] estate with its increase. Item 2 hereby reserve from the foregoing bequest my husband Allen who is a slave and I hereby and bequeath the said Allen unto P. H. McDade and his heirs to have and to hold [for] his own use and benefit forever [page 2] Item 3. I hereby nominate and appoint the said P. H McDade guardian both of the person and estate of my said daughter Delphina. Item 4th I her[e]by nominate the said P. H. McDade to execute this my last Will and testament. In testimony whereof I have hereunto set my hand and seal this 5th day of May 1862 Executed in presence Adaline Bolls (seal) of Wm. Y. Weaver E. S. Cates [Will Book Volume G, page 388] I Adaline Bolls considering the shortness of life and the certainty of death do make and publish this my last Will and Testament in manner and form following First I commend my Soul to God who gave it Then as to touching my worldly estate which God in his goodness hath given to me I dispose of as follows Item 1st After the payment of my debts and funeral expenses. I devise and bequeath all my estate both real and personal to Patterson H McDade to have and to hold to him and his heirs forever in trust nevertheless and to the intent and pur= pose that he shall have the management of it until my Daughter Delphina shall attain her majority at which time I direct my trustee the said Patterson H. McDade to pay over to my said daughter Delphina all the Said estate with its increase Item 2nd hereby reserve from the foregoing bequest my ["house" x-out] husband Allen who is a slave and I hereby and bequeath the said Allen unto P. H. McDade and his heirs to have and to hold [for] his own use and benefit forever Item 3rd I hereby nominate and appoint the Said P. H McDade guardian both of the person and estate of my said daughter Delphina Item 4th I hereby nominate the said P H. McDade to execute this my last Will and Testament In testimony whereof I have hereunto set my hand and seal this 5th day of May 1862 Executed in presence of Wm. G. Weaver Adaline Bolls (seal) E. S. Cates Orange County Court May Term 1862 The foregoing last Will and Testament of Adaline Bools was duly proved in open Court See minutes. Additional Comments: Will Book Volume G, page 388 Recorded May 1862 This is a very unusual will, written during the war, the testatrix appears to be a free black woman, married to Allen, a slave, whom she appears to own. She bequeaths Allen to Patterson H. McDade Estate Papers comprise 77 pages and are found in a folder labeled "Bowls, Adaline (1862)" Delphina died intestate in 1864. Testatrix died May 1862. Louisa is the wife of Thomas Braxton[?] of Alamance County, also listed as wife of Thomas Bowden of Alamance County. Testatrix's daughter Delphina died age 2 years 7 months in 1874. Testatrix's uncle Isaiah Bowles removed out of this state. House and lot was on Franklin Street in Chapel Hill. In the 1870 Census, Patterson McDade is listed as age 60, a Tanner. living in Chapel Hill, Orange County, NC. In the 1860 census Adaline Bowles is listed as age 32, black, real estate $800, personal property $6.50 On a page adjacent to Adaline, P. H. McDade is listed as age 49, real estate $3,500, personal property $10,000 [Estate Papers - Letter of George Laws 12 Oct 1866] Chapel Hill Oct 12th 1866 G. Laws C.C. Dr. I Sent you up a list of named to fill out that petition with; for the sale of the house & Lot belonging to the estate of Adaline Bolles; Yesterday I learned, that there was another Sister by the name of Louzana Barton wife if Sim Barton, She is dead, but left two children ~~ the childrens given names I did not learn; then there is an Edmond Bird who claims to be an heir, he is only a half brother to Adaline Bolles, (on the mothers side) I dont know whether Bird is an heir Certainly or not ~~ You know much more about these law matter than I do, if he is then his name & these two Barton Children should be inserted in the petition & be advirtized for with the others to appear at next Court ~~ I Suppose you make publication in the Hills- borough Recorded notifying these parties ~~ in regard to the petition, I Said nothing to you about that, knowing that you knew what was necessary much better than I did ~~ & further if it was necessary to Say any thing to you particularly. I expected Mr Phillips would do so Your Truly Yours P. H. McDade N. B. Nothing of interest write you [Estate Papers Answer Nov 1866] State of North Carolina } Court of Pleas & Q. S. Orange County } Nov Term AD 1866 P. H. McDade Exer. of Adeline Bowles deceased vs the Heirs at law of said deceased The answer of Isaiah Bowles, Thomas Bowden and wife Louisa, McKinsey Adeline and Patterson M Bowles children of John Bowles deceased, Edmund Byrd Louis Bowles & William and Sarah Barton children of Susana to the petition of P. H. McDade Exr to make Bowles deceased real estate assists The defendants reserving to themselves all manner of exceptions to the said petition for answer thereto saith that the debts properly due from the estate of Adeline Bowles decd as far as they know are as follows - To Dr J. B. Jones Thirty Dollars a claim of John W. Carr for Twenty Dollars which the defendant Louisa Bowden believe to have been paid as she was so informed by the decease before her death; for a coffin for the deceased Twelve Dollars That the deceased during her life purchased her husband then a slave from Miss Nancy Hilliard and Benton Utley and owned him as a slave during her life, and at her death by her will bequeath the said Allen to the Plaintiff P. H. McDade, and these defendants charge that the Larger part of the amount set forth as due by the said deceased, was in fact due by Allen individually and that the estate of the deceased is in no way responsible for them. The defen- [page 2] dants pray that there may be a reference to the Clerk of this Court and the Plaintiff held to strict [x-out] proof of every account, with notice of the time of taking such account to be served on these defendants. The defend- ants further charge that the Executor is responsible for the rent of the property of the deceased since her death in May 1862, which would be worth at least seventy-five Dollars a year. The defendants further state that, if there are debts to any thing near the amount sta- ted by the Plaintiff, they or part at least are subject to the scale provided by the last Legislature, as they were con- tracted during the late war and at extravagant prices. These defendants charge and believe that the personal estate of the deceased was more than amply suf- ficient to meet all her just debts, and ask that the Executor may on oath render a full, true and perfect account of his dealings and transactions since his qualification. Those defendants believe that to sell the property at the present time would be a great sacrifice and that if the personal property is insufficient to meet all just debts and liabilities, they expect to be able to raise the required amount according to their respective shares. They further state that there is no [page 3] pressing need for a sale, as under the present stay[? stray?] law, the Executor has the power to defer payments until the rents and profits would more than equal the installments required every year. Further answer these defendants state that there is one or more than one acres contained in said lot and the rent for the present and next year will more than meet the deficiency if found to be as large as state by the Executor. These defendants therefore pray to be hence dismissed with their reasonable costs and charges in this behalf most wrong- fully sustained. John W. Graham sol for Defts North Carolina Orange Edmund Byrd, Thomas Bowden and Louisa Bowden defendants in above suit being duly sworn before me George Laws Clerk of Orange County Court make oath that the fact set forth in the foregoing answer to be of their own Knowledge and true and the rest they believe to be true. Edmund Byrd her Louisa (X) Bowden mark his Thos (X) Bowden mark Sworn and subscribed before me this 27th day of Nov A.D. 1866. Geo Laws CCC