Orange County NcArchives Wills.....Brewer, Sackfield June 2, 1810 ************************************************ 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 D, pages 384-386 Written: June 2, 1810 Recorded: Aug 1813 Testator: Sackfield Brewer In the name of God Amen I Sackfield Brewer senior of the County of Orange & state of NCarolina, being in tolera- ble health for my time of life; & of sound mind & memory, revok- ing all former ones, do make, constitute, & ordain this my last will & testament in manner & form following to wit In the first place, I allow, & grant to my son Thomas Brewer, & confirm to him during his natural life the full use, benefit, & privilege of all that part, & parcel of my land, which lies on the north side of the Watery Fork; & at his death give & bequeath said tract & parcel of land to my grand daughter Patsey Linsey, & to the two oldest children of my grand daughter Sarah Edwards, to be equally divided be- tween said Patsey Linsey, & the two oldest children of Sarah Edwards aforesaid, (the two children together sharing as much as Patsey Linsey alone) I also grant, loan, & allow to my said Son Thomas, the service & use of negroes Candis, & Aaron, (remaining now in my possession) during his life, as aforesaid, & at his death I give & bequeath negro Candis, & her issue to the two oldest children of my grand daughter Sarah Edwards & negro boy Aaron to my grand daughter Patsey Linsey Item, I also grant, loan & allow to my son Ezekiel Brewer confirm to him during his natural Life the full use benefit, & privilege of all that part, & parcel of my land, which lies on the south side of the aforesaid Watery Fork- & after his death I give & bequeath said tract or parcel of land to my grand son Sackfield Brewer, son of said Ezekiel- I also loan, & allow to my said son Ezekiel during his life the service & use of my negro boy Pompey, now in my possession, & then I give & bequeath said negro boy Pompey to my grand son Henry Brewer, son of said Ezekiel- And I also give & bequeath to my afore- said grand son Sackfield Brewer my negro girl Rachel, & to my grand daughter Patsy Brewer, daughter of said Ezekiel, my negro girl Nann[?], & to my grand daughter Polly Brewer, daughter, of said Ezekiel, one feather bed & furniture, & to my son Ezekiel my wagon, & geers. Item, I give & bequeath to my daughter Elizabeth Brewer all that tract, or parcel of land lying on the West side of Cane Creek, belonging to me, which adjoins the lands of William Hopson, my negro girl Sylva[?], negro boy Charles, & my feather bed, & furniture Item, I give & bequeath to my grand daughter Mary Meacham my ne- gro girl Ginny- & also to my great grand son, Peter Brewer, son of my grand [page 2] son Peter, I give one hundred Dollars, to be placed in the hands of Jesse Meacham, & by him let out upon interest, till said infant Peter shall come to full age, & then, & not till then, to receive, & have both principal, & interest, which shall have accrued Item, I give & bequeath to my daughter Rebeca Hobson senr. my negro wench Ary, & negro girl Rhody Item, I give & bequeath to my grand daughters Sarah Ed- wards, & Patsey Linsey fifty Dollars (apiece) Item, I give & bequeath twenty Dollars to my old negro wench Rachel - & it is my will & pleasure, & I do hereby emanci- pate said Wench Rachel, & set her at liberty from the service of any person whatsoever, after my decease Item, I give & bequeath my negro girl Sook to the next oldest child, which shall be living at the time, of my grand son Peter Brewer, to his son Peter, who is one of the legatees herein mentioned- Item, & lastly, I give, & bequeath, after all my Just debts are paid in equal shares to each of my four surviving children Eze kiel, & Thomas Brewer, & Elizabeth Brewer & Rebecca Hopson all my money, outstanding debts, my still, live stock, & other property of whatsoever kind, to be divided into equal parts or lots if they can agree in that way among themselves - or otherwise to be disposed of at public sale, & the proceeds divided as above directed -- & I do hereby constitute, & appoint Ezekiel & Thomas Brewer, my aforesaid sons - & Col. Charles Christmas the executors of this my last will, & testament - In Witness Whereof I do hereunto subscribe my name, & annex my seal, this second day of June A.Dom 1810 test Sackfield Brewer (seal) R Stanford William Moore jurat E & Thos. Brewer qualified [Annex] In the name of God, Amen Zacfield Brewer being in a tolerable state of health for my age & infirmities, & in sound mind & memory, [Consti-] tute this a part of my last will & testament as above written, which I hereby confirm & continue, except the part ["I" x-out] where I have given one hundred Dollars to my great grand son Peter Brewer, son of my grand son Peter, which part I hereby revoke so far, & so far only as to reduce the sum of one hundred to fifty Dollars, to be managed kept & paid over to him when he becomes to full age by Jesse Meach- um as above directed & except also the item, which gives my negro girl [Sook] which I hear by utterly revoke, & give said girl Sook to my daughter Elizabeth [Brewer] Also I give & bequeath to my son Thomas Brewer the one of the Mulatto twin children, born since my above will was written say the one called Anderson - & to my son Ezekiel Brewer the other of said twins understood to be called Jim In witness whereof I do hereby subscribe my name and affix my seal this 15th day of August, A.Dom. 1811 Test Zacfield his (X) mark (seal) R Stanford Brewer [Will Book Volume D, page 384] In the name of God Amen I Sackfield Brewer senior of the County of Orange & State of North Carolina being tolerable health for my time of life & of sound mind & memory, revoking all former ones, do make constitute & ordain this my last Will and testament in manner & form following Viz ~~~~ In the first place I allow and grant to my son Thomas Brewer & confirm to him during his natural life, the full use, privilege and benefit of all that part & parcel of my land, which lies on the north side of the Watery fork & at his death give & bequeath said tract & parcel of land to my Grand daughter Patsey Lindsey & to the two oldest Children of my Grand daughter Sarah Edwards to be equally divided between said Patsey Lindsey and the two oldest Children of Sarah Edwards aforesaid (the two Children together sharing as much as Patsy Lindsey alone) I also grant, loan, & allow to my said Son Thomas Brewer the Ser =vice & use of my Negroes Candis & Aaron (remaining now in my possession during his life as aforesaid & at his death I give and bequeath Negro Candis & her issue to the two oldest Children of my Grand daughter Sarah Edwards ~~ & Negro boy Aaron to my Grand daughter Patsey Lindsey Item. I also grant, loan, & allow to my son Ezekiel Brewer & confirm to him during his natural life, the full use benefit and privilege of all that part & parcel of my Land which lies on the South side of the aforesaid Watery fork and after his death I give & bequeath Said tract or parcel of Land to my Grandson Sackfield Brewer, son of sd. Ezekiel [Will Book Volume D, page 385] I also loan & allow to my said son Ezekiel during his life the service and use of my Negro Boy Pompey now in my possession then I give and bequeath said Negro Boy Pompey to my Grandson Henry Brewer son of said Ezekiel. And I also give & bequeath to my aforesaid Grand son Sackfield Brewer my negro Girl Rachel, and to my Granddaughter Patsey Brewer daughter of said Ezekiel My Negro Girl Nan, And to my Granddaughter Polly Brewer daughter, of Said Ezekiel One Feather bed & furniture & to my son Ezekiel my Wagon, & Geers Item I give & bequeath to my Daughter Elizabeth Brewer all that tract or parcel of land lying on the West side of Cane Creek belonging to me which adjoins the lands of William Hopson, my negro girl Sylvia Negro boy Charles, & my feather bed, & furniture ~~~~ Item, I give and bequeath to my Grand daughter Mary Meacham my Negro Girl Jinny ~~ & also to my great Grand son, Peter Brewer son of my Grandson Peter, [I] give one hundred dollars to be placed in the hands of Jesse Meacham & by him let out on interest till said Infant Peter shall come to full age & then & not till then to receive and have both principal & interest which shall have accrued ~~~ [passage from loose will, not found in will book copy] Item, I give and bequeath to my daughter Rebeca Hobson senr. my negro wench Ary, & negro girl Rhody [end of missing passage] Item. I give & bequeath to my grand daughters Sarah Edwards & Patsey Lindsey fifty Dollars (apiece) ~~~~ Item. I give and bequeath twenty Dollars to my [old] Negro Wench Rachel & it is my will & pleasure, & I do hereby emancipate said Wench Rachel & set her at liberty from the service of any person whatsoever after my decease ~~~~~ Item. I give and bequeath my Negro Girl Sook to the next oldest child which shall be living at the time of my Grandson Peter Brewer, to his son Peter, who is one of the Legatees herein mentioned Item & lastly, I give and bequeath after all my Just debts are paid in equal shares to each of my four surviving children Ezekiel & Thomas Brewer, Elizabeth Brewer & Rebecca Hopson all my money out -standing debts, my Still, live Stock, and other property of what =ever kind, to be divided in[to] equal parts or lotts if they can agree [Will Book Volume D, page 386] in that way among themselves, Or otherwise to be disposed of at Public Sale & the proceeds divided as above directed ~~~ & I do hereby constitute and appoint Ezekiel & Thomas Brewer my aforesaid sons & Colo. Charles Christmas the Executors of this my last Will & testament In Witness whereof I do hereunto subscribed my name and annex my Seal, this Second day of June ADom 1810 Test R Stanford } Sackfield Brewer (seal) William Moore } [Annex] In the name of God, Amen Zacfield Brewer being in a tolerable State of health for my age & infirmities & in sound mind & memory Constitute this apart[sic] of my last Will & testament as above written which I hereby confirm & continue except the part where I have given one hundred dollars to my Great Grandson Peter Brewer son of my Grandson Peter, which part I hereby revoke so far & so far only as to reduce the Sum of one hundred to fifty Dollars, to be managed kept & paid over to him when he becomes to full age by Jesse Meachum as above directed & except also the Item that gives my Negro Girl Sook which I hereby utterly revoke, & give said Girl Sook to my daughter Elizabeth Brewer ~~~ Also I give and bequeath to my son Thomas Brewer the one of the Mulatto twin children born since my above Will was written say the one called Anderson & to my son Ezekiel Brewer the other of said twins understood to be called Jim ~~~~~ In witness whereof I do hereby subscribe my name and affix my Seal this 15th day of August, ADom 1811 Test Zacfield R Stanford his (X) mark (seal) Brewer Orange County August Term 1813 The Execution of the foregoing last Will & testament of Zacfield Brewer decd. was duly proved in open Court by the oaths of Richard Stanford & William Moore, Also the part annexed by Richard Stanford subscribing Witnesses thereto & Ordered to be recorded at the same } Test. time E. & Thos. Brown two of the Executors named } in Said Will were qualified } Additional Comments: Will Book Volume D, pages 384-386 Recorded Aug 1813 "Sackfield" in original will, "Zackfield" in will book copy. In the annex, "Zacfield" R Stanford is Richard Stanford, from the probate court Perhaps too many commas in the original? Estate Papers comprise 43 pages and are found in a folder labeled "Brewer, Sackfield (1815)". [Estate Papers - Bill of Complaint 6 Feb 1832] State of North Carolina } Orange County } In Equity To the Honorable William Norwood Judge of the Court of Equity for Orange County The Bill of Complaint of David Turner and Ro- sanna his wife of the County of Orange, your orators, Humbly Complaining sheweth unto your honour that Zackfield Brewer late of the County of Orange died about the year 1813, leaving in writing a last will and testament duly executed for the purpose of passing both his real and personal estate, which was duly proved [x-out] at the Court of Pleas and Quarter Sessions for Orange for the Year 1813 by Thomas Brewer & Ezekiel Brewer the executors thereto that among other devises and bequest[s] in said will contained are the follow- ing, which were fully assented to by the said executors, (viz) " I give and bequeath to Thomas Brewer, & confirm to him during his natural life the full use privilege and benefit of all that part, & parcel of my land, which lies on the north side of the Watery Fork; and at his death give and bequeath the said tract or parcel of land to my grand daughter Patsey Lindsey, & to the two oldest children of my grand daughter Sarah Edwards, to be equally divided between said Patsey Lindsey, and the two oldest children of Sa- [page 2] rah Edwards aforesaid, the two children together sharing as much as Patsey Lindsey alone. I also grant loan and allow to my said Son Thomas, the service & use of negroes Candis & Aron now in my possession during his life as afore- said, & at his death I give and bequeath negro Candis and her increase to the two oldest Children of my grand- daughter Sarah Edwards" which said will is referred to for greater certainty and prayed to be taken as a part of this bill. Your Orators further shew unto your Honor that Ro- sanna & Nancy Edwards, and that your orator David Turner intermarried with the said Rosanna in Jany 1830 Your Orators further shew unto your Honor that after death of the testator, Thomas his son took Candis in his possession and kept her and her increase until about the year 1825 when as your orator is informed and believe he sold Luris, one of the Children of Candis ["who was" x-out] to one James Forsyth who carried him off immediately out of the limits of this state being a negro trader. And in the year 1827 or about that time the said Thomas sold the negro woman Candis and her remaining chil- dren, five in number to One Alexander Hogan a negro trader who also removed them beyond the limit of this state: said negroes were sold and removed without the knowledge, appro- bation or consent of your orators [page 3] Your orators future shew unto your Honour that the said Thomas Brewer as they were informed by his immediate neighbours and believe, is committing great and permanent injury and waste upon the said tract of land, but making great ["and ???" x-out] clearings upon it - cutting down much more of the wood and timber than is necessary for the purposes of fuel ["and" x-out] building and repairing - that the tract of land consists of from four to six hundred acres, of which not less than 300 is cleared land and he now continues to clear large portions of the remaining wood lands - and your ora- tors verily believe that the said Brewer has adopted and intends vigorously to pursue this destructive system, as much to injure them as for his own gain - for he wished to induce your orators to sell it him for much less than its value and upon his offer being declined "he said if he lived a little longer it would soon be all cleared up and worn out" or words of a like import. Your orators therefor pray that the said Thomas Brewer may be compelled to produce the said negros to this court that he may be compelled to disclose the number of ages of the children of the said Candis and her grand children if she has any that an injunction may issue restraining him from committing further waste on the said land and that [page 4] all such other and further lelief[relief] as your orators are entitled to in the premises may be extended to them. And that the states Writ of Subpoena together with a copy of this bill may issue to the said Thomas requiring him to appear at the next term of this court to be held for he County of Orange at the Court House in Hillsborough on the Second Monday of March next then and there to plead answer or demur to the charges in this bill contained &c And your orators as in duty bound will ever pray &c J.W. Norwood Sol David Turner maketh oath that the } matters of fact in this bill contained as of } his own knowledge are true, and } the rest he believes to be true } David Turner Feby 6th 1832 Sworn to before me } 6th Feby 1832 } Wm. Norwood JSC&E Let an injunction to refrain the waste complained of issue [several lines of ] Llet the other process, of course, issue, upon the complainants enter- in into bond and security as required by law 6th Feby 1832 Wm. Norwood JSC&E [The injunction against cutting unnecessary timber, issued 7 Feb 1832 is included.] [Estate Papers - Bill of Complaint 8 Aug 1831] Orange County } In Equity The Bill of Complaint of Ezekiel Brewer and Thomas Snipes Executor of Elizabeth Brewer against Thomas Brewer Executor of Sackfield Brewer To the Honourable the Judge of the Superior Court of Law and Equity of Orange County Humbly complaining show unto your Honor Your Orators Ezekiel Brewer and Thomas Snipes that in or about the year 1813 Sackfield Brewer departed this life having made and published his last will and testament whereof your Orator Ezekiel and the defendant Thomas Brewer were appointed executors, who ["duly" x-out] caused the same to be duly proved and qualified as executors ["at" x-out] in the Court of Pleas & Quarter Sessions for Orange County ["at ___ Term 18" x-out] (in which County the Testator resided at the time of this death) at May Term 1813 ----- The testator by his will bequeathed to each of his children (of whom he had four viz Thomas the defendant Ezekiel your orator Elizabeth, and Rebecca married to William Hobson) a certain number of his negro slaves making an equal division as nearly as pos- -sible and directed all the residue of his personal estate to be sold and ["to' x-out] the produce of the sale to be equally divided between his four children [page 2] above named - Your Orator Ezekiel though he qualified as executor of his Father's will never in- termeddled with the management or disposition thereof except by assisting ["at" x-out] in the sale of the personal estate directed to be sold and in taking bonds ["for" x-out] ["the prices" x-out] from purchasers for the prices of the articles they bought: ["all of which bonds" x-out] And such of these bonds as were ever in his possession he de- livered to Thomas Brewer to be collected by him - Your Orator Ezekiel avers that none of the money secured by these bonds was ever received by him, nor did he ever receive any money due to the executors of Sackfield Brewer - but all the money so due was paid to the defendant Thomas who had undertaken to collect and receive it and then to distribute according to the directions of the will - of the precise value of the personal estate of the said Sack- field exclusive of the negroes your Orators are ignorant but they charge it to have been four thousand dollars or thereabout and they further aver that the testator was entirely free from debt -- You Orator Thomas Snipes further shows unto your Honour that in the year 1828 Eliza- beth Brewer one of the daughters of the said Sackfield died having duly made and published her last will and testament in writing whereby you Orator Thomas was constituted executor who caused the same to be proved in Orange County Court and was qualified according to Law to execute the same -- During the lifetime of the said Elizabeth the defendant paid to her a very small part of the money due to her as one of the residuary legatees towit about thirty [page 3] dollars, and fraudulently procured her to execute a paper writing purporting to be a receipt for the whole of her legacy and an acquittance of all demands against the said Thomas as executor of her Father -- The said Eliza- beth was ["an" x-out] illiterate and the said paper writing executed by her was falsely read to her as a receipt for thirty dollars only And ["she being ignorant of business" x-out] Your Orators further change that he being ignorant of the value of her Father's personal estate and reposing entire confidence in the honesty and fidelity of the defendant was induced by his false and fraudulent representations to believe that the sum of money then paid to her was all that was due to her for her legacy; and under that mistaken belief both as to the nature and contents of the instrument execu- ted by her and the amount of her legacy, she signed the said paper writing, -- Your Orators further show that the defendant exhibited to the County Court of Orange and inventory of the personal estate of the said Sackfield whereby he admits it to amount to $2082..08 which they charge to be a false account; for he had neglected to insert therein a debt due from one _____ Stanford of $714..50 and various other sums of money which they are unable to specify both because they are not minutely acquainted with the assets which came to the hands of the defendant and because in his said inventory he has not set forth the particular items composing the estate -- they specify the debt due from Stanford because the defendant has declared that he never had accounted for it and never would account for it -- Your Orators further show that they have applied to William Hobson and Rebecca his Wife to sue jointly with them, but they refused so to do declaring that they had been paid and satisfied the legacy due to them and that they had no claim against [page 4] the defendant in respect thereof your orators charge that the said William and Rebecca have been paid and satis- fied their legacy and have no cause of suit against the defendant -- The defendant has been often requested to settle with your Orators and with the said Elizabeth in her lifetime: but he has always delayed or refused to do so under various shifts and pretexts -- whereby your Orators have been amused and deceived and prevented from pursuing their right in a Court of Justice -- For many years after the death of the said Sackfield the defendant pretended that there were outstanding claims against ["and" x-out] in favour of the estate and that ["the" blot out] untill they were ascertained and extinguished the share of each legatee could not be ascertained - when that excuse could not longer avail him he ["said" x-out] set up the paper wri- ting he had fraudulently procured from Elizabeth as a release of her legacy and made some pretense about having settled with your Orator Ezekiel which he never could distinctly explain nor your Orator understand - And at last when he was threatened to be sued he promised that if the lega- tees would wait some short time he would make a full and fair settlement and pay whatever was due from him: By which promises made to your orators and Elizabeth in her lifetime he induced them to believe that the claims would be amicably arranged and to relinquished the ["intention" x-out] design of sueing him, untill his frequent and wanton violation of faith compelled them to withdraw there confidence from him -- The before mention -ed excuses and pretences your orators charge to be utterly untrue For he never made any settlement with, nor paid any money to, Elizabeth, except as above stated -- Nor has he ever come to any settlement with your Orator Ezekiel; or paid him any sum of money as far as he recollects - And if he is [in] possession of any receipt or other writing tending to ["show" x-out] prove any payment made to Ezekiel your orators charge that it [page 5] by fraud and imposition: That it was not signed nor acknowledged by the said Ezekiel - or if signed or acknowledged by him, ["without" x-out] such signature or acknowledgment was made without any knowledge of it true import or content and was procure by cir- cumvention and false representations --- In consideration of the premises and inasmuch as your Orators are remediless except in this Honour- able Court: And to the end that the said Thomas Brewer may upon his corporal oath full true and perfect answer make to the several matters and things therein before set forth as particularly as if they were here repeated and he especially inter- rogated thereunto: And to the further end that the said Thomas Brewer may make a full and complete discovery of all the personal estate of Sackfield Brewer in what it consisted and how he has disposed of the same That he may be decreed to deliver up to be cancelled the pretended receipt or acquittance which he obtained ["by" blot out] from the said Elizabeth by the false and fraudulent prac- tices above stated and any pretended receipt acquittance or acknowledgment of payment or of legacy, of Your Orator Ezekiel which the said Thomas may have in his possession: And to pay over to your Orators whatever may be found to be due to them from him as Executor of Sackfield Brewer; And to di such other and further things as to your Honour shall seem meet and are agreeable to Equity and good conscience -- May it please your Honor to grant unto your Orator the State's Writ of Subpoena commanding the said Thomas to appear at the Court House in Hillsborough on the 2nd Monday of September &c --Then & there to answer [page 6] the allegation in this bill contained and to abide by and perform the sentence and decree which your Honor shall make in the premises. And your Orator shall ever pray &c P H Winston Sol. for Comp [Estate Papers - Bequest to Old Rachel (undated)] Received of Thos. Brewer Executor of Sackfield Brewer Decest. the Sum of Twenty Dollers in full of my part Devised to me By the will of the sd Decest. in witness whereof I have here unto Set my Name her her Old (X) Rachel slave test Polley (X) Brewer mark mark