Orange County NcArchives Wills.....Christmas, John August 11, 1783 ************************************************ 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 A, pages 264-268 Written: August 11, 1783 Recorded: Nov 1783 Testator: John Christmas In the Name of God Amen I John Christmas of Orange County in the State of North Carolina planter Being sick & weak in Body But in perfect mind & memory thanks Be to God for the Same & Calling to mind the Uncertainty of this transitory life & Being willing to settle my worldly affairs in order to make this my Last will & Testament in manner & form following firs[t] I Commend my Soul to God who gave it hoping through the Death & merits of Jesus Christ my Saviour to Be made partaker of the never fading Joys of Immortality & as for what Temporal Estate it hath Been[sic] Pleased God to Bestow on me I give & Bequeath in the manner & form following (that is to say) where as my sons Thomas and John & my Daughters Mary Elizabeth & Heneritta are all married & have Received from me such Estates As I Judge to Be an Equal Propo[r]tion of my substance & I do here By give & Bequeath unto Each of them Viz. my son Thomas my son John my Daughters Mary Elizabeth & Heneritta the sum of five Shillings Virginia Money Besides that I do Hereby Confirm to them & there[sic] heirs & assigns an indesputable Right to that I have hereto fore given them Revoking all manner of Clame to any part of parcel of the Same from any person or persons what Ever~~~. Itam I give & Bequeath unto my Loving Wife Mary Christmas During her natural Life the plantation whereon I now live with all the Land that Lys on the south side Cane Creek & Below the Branch known By the name of Moccason & also my Three Negro[s] Harry Sue & Agga a fe[a]ther Bed & furniture a horse Bridle & saddle & to Enable her the Better to Raise her Children I Lend her my Eight Negros Viz. Charles Jack Will Isom Patt Sary Young Charles & Davy to gether with all my other Estate of horses Cattle sheep & household furniture Except such as I Shall hereafter Dispose of & it is my will & Desire that my Loving Wife Mary do keep & injoy During her widowhood all Such Estate so Lent her But should she marry again then my will is that all the Estate so lent her Be Devided Amoungst my three young sons Robert James & Charles & it is also my will that at my wifes Decease that all the Estate in her hands Be also Devided amongst the sd. three youngest sons By my two sons Thomas Christmas & Richard Itam I Give & Bequeath to my Daughter Ann Picttes[Pickett] my negro girl Ginna & my nargo Boy Phillimon a fither Bed & furniture ------- [page 2] A mare Bridle & saddle with two Cows & Calves with two Basons two Dishes & six plates & should she Die without Lawfull issue that then the Estate so Left her Be Devided amoungst my three Sons Richard William & Nathl. Item[sic] I Give and Bequeath unto my son Richard his heirs & as[s]igns for Ever a tract of Land Lying on the North side of Cane Creek from a Line of marked trees Running from or near the mouth of Richland Branch with the Land whereon Thomas Mason formily[formerly] Lived also my will is that my son Richard have two Negros known By the names of Dick & Fanna with a fe[a]ther Bed & furniture two Cows & Calves Besides his own amongst my stock with Two Basons Two Dishes & Six plates~~~~~~~~~~~~~~~~~~~~~ Item - I give & Bequeath unto my son William his he[i]rs & as[s]igns all that tract of Land Lying on the North side [of] Cane Creek Below a Line of marked trees Run[n]ing from or near the mouth of Richland Branch Also two negro[s] known By the Names of Will & Nelsey Item I give & Bequeath unto my son Nathan[iel] his heirs & as[s]igns for Ever two hundred and fifty pound Virginia money or prock at thirty three and a third Per Cent in gold or silver to be paid to him from my son Thomas Christmas for my Mill & negro Will within nine months from this Date if not pade then the sd. Mill & Negro Will to Be my Son Nathaniels also one Negro Boy Name Tom with a fe[a]ther Bed & furniture ~~~~~~~~~~~~~~~~~~~~~ Item I give and Bequeath unto my son Robert his heirs & a[s]igns for Ever one Negro Boy Named Benjamin ~~~ Item - I give & Bequeath unto my son James his heirs & as[s]igns for Ever all my Land that Lies on the south side [of] Cane Creek and above the Moccoson Branch with the addition of all the Land L[y]ing on the same side [of] the Creek Belonging to the Land where on Thomas Mason formily[formerly] Lived ~~~~~~~~~~~~~~~~~~~~~~~ Item I give & Bequeath unto my son Charles his heirs & as[s]igns for Ever all my Land on the south side [of] Cane Creek & Below the Moccoson Branch & it is my will that if Either of my three youngest sons Robert James or Charles Die Before they [page 3] Come of Age Leaving no is[s]ue then it is my will that their Estate so Left shall fall into the Estate to Be Devided By my two Sons Thomas & Richard With the Remains of the Estat[e] to the other two youngest sons it is also my will that if the Land I have Left to my four sons Richard William James & Charles Be Lost & they fall on the Estate of Michel Whalley that what is Recovered Be Divided amoungst the sd. four sons Richard William James & Charles Item I give and Bequeath to my grandson Henry Christmas ["of" erased] son of John Christmas Deceased my Land Lying in Warren County on the south side [of] the Road and a[d]joining the Land formerly Charles Allens~~~ And also my Will is that if Either of my three youngest sons Robert James or Charles Come to Age Before my Wife deceas[e] wanting their Estates it is then my will & Desire that my sd. Two sons Thomas & Richard Divid[e] the Estate I Lent my wife & give them what they see Cause so as not to Exceed a third & should ther[e] Be any Remain[der] at my wif[e's] Deceas[e] its my Disire that it Be Devide[d] with the Estate of my wife At her Deceas[e] to my three youngest sons Robert James & Charles By my Two sons aforesd Thomas & Richard And Lastly I Do here by Constitute and ap[p]oint my Loving Wife Mary Christmas my son[s] Richard & Robert Christmas Executors of this my Last Will & Testament hereby Revoking & making Void & Null all former will or wills heretofore made & confirming this & non[e] but this to Be my Last will & Testament in Testamony where of I have hereunto set my hand & seal this Eleventh Day of August one Thousand seven hundred & Eighty three Signed Sealed & Cacknowledged[sic] By the Testator to Be his Last John Christmas (seal) Will and Testament in presence of us Richard Christmas Wm Richards his James (J) Pickhart mark [page 4] Orange County / November Court 1783 The execution of the within Will of John Christmas deceased was duly prov'd in open Court by the Oaths of William Richards and James Pickhart two of the subscribing witnesses thereto and Ordered to be Recorded Test J J Benton C.C. [Will Book Volume A, page 264] In the Name of God Amen I John Christmas of the County of Orange in the State of North Carolina (Planter) being sick and weak in Body but in perfect mind and memory thanks Be to God for the same and calling to mind the uncertainty of this transitory Life and being willing to settle my worldly affairs in order to make this my Last will and testament in manner and form following first I commend my Soul to God who gave it hoping thro the == Death and Merits of J[e]sus Christ my Savior to be made Partaker of the never fading Joys of Immortality and as for == what temporal istate it hath been[sic] pleased God to bestow on me I give and bequeath in the manner and form following that is to say Whereas my sons Thomas and John and my Daughters Mary Elizabeth and Heneritta are all married and have received from me such istates as I Judge to Be an Equal proportion of my sub =stance and I do hereby give and bequeath unto each of them viz: my son Thomas my son John my Daughters Mary Eliza= =beth and Heneritta the sum of five shillings Virginia money Besides that I do hereby confirm to them and their heirs and as= =signs an[d?] indesputable right to that I have heretofore given them revoking all manner of claim to any part of parcel of the same from any person or persons whatever . . . . Item I give and bequeath unto my loving Wife Mary Christmas During her natural Life the Plantation whereon I now Live with all the Land that lies on the south side Cane Creek and below the branch known by the name of Mockason and also my three Negroes Harry Sue and Agga a feather bed and == furniture a horse bridle and saddle and to enable her the better to raise her Children: I lend her my eight negroes viz Charles Jack Will [Will Book Volume A, page 265] Isom, Patt, Sary, Young Charles, and Davy together with all my other estate of horses, cattle, sheep and hous[e]hold furniture except such as I shall hereafter Dispose of and it is my will and desire that my loving Wife Mary do keep and enjoy during her widow hood all such estate so lent her but should she marry again then my will is that all the estate so lent her Be Devided amoungst my three young sons Robert James and Charles and it is also my will that at my wifes decease that all the estate in her hands be also Devided amongst the said three youngest sons by my two sons Thomas Christmas and Richard. Item I give and bequeath to my Daughter Ann Picttes[Pickett] my negro girl Ginny and my nergoe Boy Philamon a feather bed & furniture a mare bridle and saddle with two cows and calves with two basons two Dishes and six plates and should she die without Lawfull issue that then this Estate so Left her Be divided amoungst my three Sons Richard William and Nathaniel Item I give and bequeath unto my son Richard his heirs and Assigns forever a tract of Land lying on the north side of Cane Creek from a Line of marked Trees running from or near the mouth of Richland Branch with the Land whereon Thomas Mason formerly lived also my will is that my son Richard have two negroes known By the names of Dick & Fanny with a feather Bed and furniture two Cows and Calves beside his own among my stock with two basons two Dishes and six plates . . . . Item I give and bequeath to my son William his heirs and Assigns all that Tract of Land lying on the north side [of] Cane Creek below a Line of marked trees running from or near the mouth of Richland branch also two negroes known by the names of Will and Nelsey . . . Item I give and bequeath unto my son [Will Book Volume A, page 266] Nathaniel his heirs and assigns forever two hundred and fif =ty pounds Virginia money or prock at thirty three and a third per Cent in gold or silver to be paid to him from my son Thomas Christmas for my Mill and negroe Will == within nine months from this Date if not paid then the said mill and negroe Will to be my son Nathaniels also one negroe boy Name Tom with a feather bed and furniture Item I give and bequeath unto my son Robert his heirs and Assigns forever one negroe boy Named Bengamin ~~ Item I give and bequeath unto my son James his heirs and Assigns forever all my Land that lies on the south side of Cane Creek and above the Mockason Branch with the addition of all the land Lying on the same side of the Creek belonging to the Land whereon Thomas Mason formerly Lived . . . . Item I give and bequeath unto my son Charles his Heirs and assigns forever all my Land on the south side [of] Cane Creek and below the Moccason branch and it is my will that if either of my three youngest sons Robert James or Charles Die before they come of age leaving no issue then it is my will that their estate so left shall fall into the estates to Be Divided by my two sons Tho =mas and Richard with the remains of the estate to the other two youngest sons it is also my will that if the Land I have Left to my four sons Richard William James and Charles be Lost & they fall on the estate of Michel [Will Book Volume A, page 267] Whaley that what is Recovered Be Divided amongst the said four sons Rich William James and Charles . . . . Item I give and bequeath to my Grandsons Henry Christmas son of John Christmas Deceased my Land Lying in Warren County on the south side [of] the road and adjoining the Land formerly Charles Allen's ~~ And also my will is that if either Either[sic] of my three youngest sons Robert James or Charles come to age Before my Wife's decease - wanting their Estates it is then my will and Desire that my said two sons Thomas and Richard divide the estate I Lent my wife & give them what They see cause so as not to exceed a third and should there be any remainder at my Wife's decease it's my - Desire that it be Divided with the Estate of my - Wife at her Decease to my three youngest sons Robert James and Charles by my two sons afore- -said Thomas and Richard and Lastly I do hereby Constitute and appoint my Loving Wife Mary Christ =mas my son[s] Richard and Robert Executors of this my last will and Testament hereby revoking and making void and null all former will or wills heretofore made and confirming this &and none but this to be my Last will and testament in testa =mony whereof I have hereunto sett my hand [Will Book Volume A, page 268] and seal this eleventh Day of August one thousand seven hundred and eighty three . . . . . . Signed Sealed and Acknowledged[sic] John Christmas (seal) by the Testator to be his Last Will and testament in presence of us Richard Christmas } Wm. Richards } James (J) Puckart } Orange County ss November Court 1783 The Execution of the within Will of John Christmas Deceased was duly proved in open Court by the Oaths of William Richards & James Pickhart two of the subscribing witnesses thereto and Ordered to be Recorded Test J J Benton C.C. Additional Comments: Will Book Volume A, pages 264-268 Recorded Nov 1783 There seems to be a variety of opinions as to the married name of Ann Christmas. The original loose will appears to be "Picttes", will book copy: "Pictles" Additionally, her husband was a witness. Original: "Pickhart", Court Clerk's note on the original and in will book: "Pickhart", will book signature Pickat. Phillimon in original is Philamon in the will book Ginna in the original is Ginny in the will book Will in the original is Wise in the will book Fanna in the original is Fanny in the will book The writer of the loose will often leaves the ends off of words - plurals, final 'e', etc. - but does so inconsistently. Seems like all words that begin with 'b' or 'l' are capitalized. Many proper nouns not capitalized. Estate Papers comprise 3 pages and are found in a folder labeled "Christmas, John (1784)". Inventory found in lists miscellaneous property. Inventory, recorded Feb 1784lists "Nineteen Negroes"