Orange County NcArchives Wills.....Christmas, Charles September 1, 1811 ************************************************ 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 322-324 Written: September 1, 1811 Recorded: Feb 1812 Testator: Charles Christmas The last will and testament of me the subscriber Charles Christmas, reposing confidence in my Creator, to whoam[sic] I recommend my soul, he having given it. &c. &c. I Charles Christmas of the State of North Carolina make this my last will and testament that is to say: I give and bequeath to my Executors herein after appointed, Richard Christmas, Thomas Brewer, and William Moore my lands lying in Orange County, (viz) between two and three hundred acres in the zone between Strudwicks lower and middle tracts adjoining John Minnis and others, also two hundred acres lying on the South side [of the] Haw river adjoining lands of Jonathan Lindley and others, also I give my said Executors, my negroes Davey, Simon, Henry, Anderson, Aggee, and Ben, and all my moveable effects including my stock, of every kind and also my outstanding debts, which are considerable (Viz) one on my Brother Natt Christmas of the Mississippi Territory amounting at this time principal and Interest to upwards of Seven hundred dollars, a note for the principal of which was four hundred and sixty dollars, was given me the ninth day of August 1803 and lost by fire, when my mothers house was burnt & the rest of my debts that may be in notes and book accompts, in my chest, at my decease;- paying thereout ["of" x-out] my Just debts, and the expence[sic] of my funeral, In Trust as to the said Lands, negroes, moveables, stock, Debts, &c for the raising Clothing & Schooling of six Children of Sarah Smiths (viz) John, Charles, Nancy, Patheny, William, and Susannah, and the raising clothing and schooling of a Child of Nancy Whitlocks, (Viz) Rebeckah; my will is that the property [page 2] given in trust to my Executors as aforesaid ["or" x-out] the Survivor, or Survivors of them ["should they think it advisable" x-out] ["and"? x-out] to make use of it in the way they think most --- advisable, for profits either by, leasing the lands, hireing the negroes, out, Continuing them on the plantation I now live on which is leased untill the first day of January 1815 or selling the whole of the property bequeath'd, or given in trust as aforesaid, and the Monies arising from the method they pursue, to put out at interest, or any other way they may ["think" x-out] think proper, and destribute it equally for the benefit of the Children aforesaid, as they may stand in need, and if any surplus should remain, after the youngest, comes of age, or they my Executors are of oppinion there will be a surplus, they may if they think proper, give to each as they arrive to lawful age what they may think proper, so as they believe as much will remain for each when they arrive at the same, or make an equal dividend, when the youngest arrives at age if any property ["remain" x-out] should remain. I nominate constitute and appoint, Richard Christmas, Thomas Brewer, and William Moore, Executors, to this my last will and testament requesting them the said Richard Christmas, Thomas Brewer, and William Moore that they will give what assistance they conveniently can to Sarah Smith, & Nancy Whitlock, Mother of the before mentioned Children and see that the children are well brought up thus placing confidence in their friendship. I hereunto subscribe my name and fix[sic] my seal to these presents, as my last will & Testament September 1st 1811. test Wm. Moore { Charles Christmas (seal) Joel Parrish { Jurat [Will Book Volume D, page 322] The last Will and Testament of me the subscriber Charles Christmas reposing confidence in my creator, to whom I recom mend my soul he having given it &c &c I Charles Christmas of the State of North Carolina make this my last Will and Testament, that is to say ~~ I give and bequeath to my executors herein after appointed Richard Christmas Thomas Brewer and William Moore my Lands lying in Orange County (Viz) between two and three hundred acres in the gare[zone] between Strudwicks lower and middle Tracts adjoining John Minnis and others also two hundred acres lying on the South side [of the] Haw river ad- -joining Lands of Jonathan Lindley and others, also I give my said Executors my Negroes Davy, Simon, Henry, Anderson Aggee, and Ben, and all my moveable effects including my Stock of every kind and also my outstanding debts which are considerable (Viz) one on my Brother Natt Christmas of the Mississippi Territory amounting at this time principal and Interest to upwards of seven hundred Dollars, a note for the principal of which was four hundred and sixty Dollars was given me the ninth day of August 1803 and lost by fire when my Mothers House was burnt, and the rest of my debts that may be in Notes and Book accompts in my Chest at my Decease paying thereout my Just Debts and the expence[sic] of my funeral In Trust as to the said Lands, negroes, moveable[s] stock, Debts &c for the raising Clothing and Schooling of six Children of [Will Book Volume D, page 323] Sarah Smiths (viz) John, Charles, Nancy, Patheny, William and Susannah and the raising Clothing and Schooling of a Child of Nancy Whillocks, (Viz) Rebeckah; my will is that the property given in trust to my Executors as aforesaid the survivor or survivors of them to make use of it in the way they think most advisable for profits either by lea -sing the Lands, Hireing the negroes out, Continuing them on the plantation I now live on which is leased untill the first day of January 1815 or selling the whole of the property bequeathed or given in Trust as aforesaid, and the monies arising from the method they persue, to put out at Interest or any other way they may think pro -per, and distribute it equally for the benefit of the Children aforesaid as they may stand in need, and if any surplus should remain, after the youngest comes of age or they my Executors are of opinion there will be a surplus, they may if they think proper, give to each as they arrive to Lawful age what they may think pro per so as they believe as much will remain for each when they arrive at the same or make an equal dividend, when the youngest arrives at age if any pro -perty should remain ~~~~ I nominate constitute and ap -point Richard Christmas, Thomas Brewer, and William Moore executors to this my last Will and testament requesting them the said Richard Christmas, Thomas Brewer and Wm. Moore that they will give what assistance they conveniently can to Sarah Smith and Nancy Whitlock Mother of the aforesaid [before mentioned] Children and see that the children are welle[sic] brought up thus placing confidence in their friendship I hereunto subscribe my name and fix[sic] my seal to these presents, as my last will and Testament ~~~~~~ September 1st 1811. Test Wm. Moore Charles Christmas (seal) Joel Parrish [Will Book Volume D, page 324] Orange County February Term 1812 The execution of the foregoing last Will and Tes- -tament of Charles Christmas deceased was duly proved in open Court by the oath of Joel Parish one of the subscribing witnesses thereto and ordered to be recorded ~~~~ Test J. Taylor CC by T. Ferugsson Additional Comments: Will Book Volume D, pages 322-324 Recorded Feb 1812 Estate Papers comprise 158 pages and are found in a folder labeled "Christmas, Charles (1812)". Accounting is in pounds and dollars. Many bills and receipts for their payment. Mention is made for 28 Dec 1810 of the "Hire of Dillar @ £7:5/$14:50 12 January 1812 to Leonard Prather "To hire of negro Boy Jack = 12 months @ $16 = £8"~~" Same bill lists £5 for "Transcribing a copy of the census", amount collected by L. Prather signed by H Thompson, Justice of the Peace, 11 Jan 1812. [Estate Papers - Inventory and Sale 7-9 Jan 1812] Inventory of the Estate of the late Col. Charles Christmas and the sale thereof made the 7th 8th & 9th of January 1812 [sundry articles omitted] Plantation for 3 years 185 ~~ ~~ Hire of negro Man Simon for 1 year 35 5 ~~ Ditto of Ditto Ditto Henry for 1 ditto 34 1 ~~ " of " boy Joshua for 1 ditto 10 3 6 " of " woman ____ for 1 ditto 15 ~~ ~~ [sundry articles omitted] Hire of Negro Boy Anderson for 1 Year 7 12 7 [sundry articles omitted] Hire of Davey 'till 1 Janry next 52 12 ~~ [sundry articles omitted] 1 Negro Man Davy } 1 ditto ditto Simon } 1 ditto Henry } 1 Ditto Boy Anderson } Not sold 1 Small Girl Agnes } 1 ditto Boy Ben } [Estate Papers - Inventory and Sale of Sundry Negroes 5 Jan 1813] Inventory & Sale of Sundry Negroes belonging to the Estate of Charles Christmas decd. on the 5th Janry. 1812 & payable the 5th January 1813 Negro Wench Aggy . . . . . . . . . . . . . . $320 ~~ Ditto boy Benjamin . . . . . . . . . . . . 215 ~~ Ditto ditto Anderson . . . . . . . . . . . . 355 ~~ Ditto Fellow Henry . . . . . . . . . . . . . 610 ~~ Ditto ditto Simon. . . . . . . . . . . . . . 513..25 Ditto ditto Davy . . . . . . . . . . . . . . 650 ~~ ______________ $2663..25 N:B The above named negroes are the same which were rendered in the former inventory as will appear reference being had to the same ~~~~