Orange County NcArchives Wills.....Christmas, Richard June 25, 1830 ************************************************ 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 300-302 Written: June 25, 1830 Recorded: May 1833 Testator: Richard Christmas State of North Carolina } Orange County } Sch } I Richard Christmas of Orange County aforesaid, do make, publish and declare this to be my last Will and Testament. 1. Miss Betsy Cooper having for a long time attended upon me and assisted me in my Infirmities, it is my duty to give to her a portion of my estate: And I do therefore give to her one hundred Dollars to be paid out of the Money due to me from Adam Whitsel: My big Bible, my Clock and its Case; one Feather Bed and Furniture; - : And my Negro Man named Jerry 2nd. I give to Richard C. Glass son of Stephen and Betsey Glass, my Negro Man Harry (a Blacksmith):- 3rd. I give my Negro Man Dick to Stephen Glass, & also my Negro Boy Named Sam son of Jerry & Anne 4th. I give my Negro Woman Anne[?] Child of Chloe with Such Increase as she may hereafter have to Betsey Glass, Wife of Stephen Glass 5th. I give to Dr. James A. Craig, my Negro Man named Tom: I release to him the Debts which I have heretofore paid for him, and those which I May hereafter pay for him as Security or Otherwise, except a Debt for which I am his Security to John C. McLemon -. I also give to him my Negro Boy named Jesse, son of Jenny 6th. I give to my Niece Mary G. Christmas my Negro Woman Sally with Such Increase as she may hereafter have: One Bed and Furniture 7th. I give to my Niece Nancy Christmas, Daughter of my deceased Brother James Christmas, My Negro Boy named Charles, Son of Sally - 8th I give to my Niece Henrietta Christmas (another [page 2] Another Daughter of my deceased Brother James, my Negro Girl Mary Anne, Second Child of Sally 9th. I give to ["John" x-out] Stephen Glass my Negro Boy named Joe[?], son of Fanny, in Trust for my Nephew John Christmas Son of my deceased Brother James; and Said Stephen Glass as Trustee may at any time or Times take possession of Said Negro Boy and hire him out and pay the Hire to Said John Christmas; it being my Will and intention that the Said Negro Boy Shall in no wise be Subject to the Debts of Said John Christmas-. 10th. I give to my Nephew William Christmas, another son of my deceased Brother James, my Negro Boy named Dick, Son of Fanny-. 11th. I give to my Sister Mary Edward Green, Daughter of my Nephew John Green of Warrenton, my Negro Girl named Fanny, Daughter of Old Fanny, & my Negro Man named Buck:--- 12th. I give to my Niece Mary Young, Widow, one hundred Dollars, to be paid out of the money due to me from Adam Whitsel. 13th. I give to Anne Christmas Lytle, Niece of my deceased Wife, my Negro Girl named Jane, Daughter of Chloe - and all her future Increase ~~ 14th I give to Mary Smart, Niece of my deceased Wife, my Negro Girl named Nelle, Daughter of Chloe; and all her future Increase - : 15th I give to Peggy Lancaster[?], Niece of my deceased Wife, my Negro Woman Jenny, Daughter of Chloe & all Such Increase as she may hereafter have ~~ 16th I give my Negro Women Peggy and Fanny to Stephen Glass, and request him to take Care of them in their old age [page 3] Age -. 17th I direct my Executors to Sell my two Negro Men Jack and Cesar -: And all the Residue of my property upon such Credit as they may think advisable-. And the Money arising therefrom and all the Debts due to me, except as aforesaid I give as follows; to wit; To my Niece Mary Powers, wife of Richard Powers, one hundred Dollars, to her Separate Use; and my Executors are directed to pay the same to her personally. To my Niece Mary G. Christmas before mentioned, fifty Dollars To my Niece Henrietta Christmas before mentioned, fifty Dollars To my Nephew John Christmas before mentioned, fifty Dollars To my Niece Nancy Christmas before mentioned, fifty Dollars To my Niece Mary Edward Green before mentioned, fifty Dollars The Residue I direct to be equally divided between Stephen Glass and James A. Craig. 18th. I appoint Dr. James A. Crag my Executor of this my Will - In Testimony Whereof I have hereunto Set my Hand and Seal This 25th day of June A.D. 1830 Signed, Sealed, published & R[?] Christmas (seal) declared as the last Will of Richard Christmas, in Presence of Us, who have become Subscribing Witnesses thereto at his Request, this 25th June 1830 A.D. Murphey Archd. Murphey V. M. Murphey } J. Parish } acknowledged in our presence [Codicil] I Richard Christmas do on this 25th[?] October AD 1831 publish and declare this to be a Codicil to my last Will ~~ towit: 1st I give to Miss Betsey Cooper my Negro Man named Jack instead of the Negro Jerry named in the Bequest to her and I direct my Executors to sell Jerry instead of Jack, as directed in the said Bequest ~~~ 2ndly I give to my Niece Henrietta Christmas named in my Will my negro Girl named Fanny Jane, the Third child of my Negro Woman Sally ~~ 3dyly the Acceptance by any one of my Legatees of the Legacy given to him or her Shall be considered a relinquishment of & Bar to any Claim or Demand which Such Legatee may have or pretend to have on my estate: and if any Legatee Shall set up any Claim or Demand against my estate: it Shall amount to a forfeiture of his or her Legacy, which in that event Shall Sink into and form Part of the residuum of my estate ~~~ R Christmas (seal) Signed Sealed published & declared as a Codicil to the Will of Christmas this 25 October A.D. 1831 in presence of ~~~ V. M. Murphey } J. Parish } Jurat A. D. Murphey } [Will Book Volume E, page 300] State of North Carolina } Orange County } Sect } I Richard Christmas of Orange County afore =said do make publish and declare this to be my last Will and Testament 1. Miss Betsy Cooper having for a long time attended upon me and assisted me in my Infirmities it is my duty to give to her a portion of my estate And I do therefore give to her one hundred Dollars to be paid out of the Money due to me from Adam Whitsel. my big Bible, my Clock and its Case one ["bed" x-out] Feather Bed and Ferniture and my Negro Man named Jerry 2nd. I give to Richard C Glass son of Stephen ["Glass" x-out] and Betsey Glass my Negro Man Henry (a Blacksmith) 3th[sic] I give my Negro Man Dick to Stephen Glass, & also my Negro Boy named Sam son of Jerry & Anne[See Note 1] 4th. I give my Negro Woman [Anne?] Child of Chloe with Such Increase as She may hereafter have to Betsey Glass Wife of Stephen Glass 5th I give to Dr James A Craig, my Negro Man named Tom I release to him the Debts which I have heretofore paid for him and those which I May hereafter pay for him as Security or Otherwise except a Debt for which I am his Security to John C. McLemon I also give to him my Negro Boy named Jesse son of Jenny 6th. I give to my Niece Mary G Christmas my Negro Woman Sally with Such Increase as She may hereafter have one bed and Ferniture 7th I give to my Niece Nancy Christmas Daughter of my deceased Brother James Christmas my Negro Boy named Charles, Son of Sally 8th I give to my Niece Henrietta Christmas Annother[sic] daughter of my deceased Brother James my Negro Girl Mary Anne Second Child of Sally 9[th] I give to Stephen Glass my Negro Boy named Joe son of Fanny in Trust for my Nephew John Christmas Son of my decease[d] Brother James, and Said Stephen Glass as Trustee may at any time or Times take possession of Said Negro Boy and hire him out and pay the Hire to Said John Christmas it being my Will and intention that the Said Negro Boy Shall in no wise be Subject to the Debts of Said John Christmas 10th. I give to my ["Negro" x-out] Nephew William ~~~ Christmas, another son of my decease[d] Brother James, my Negro Boy named Dick Son of Fanny 11th. I give to my Sister Mary Edward Green Daughter of my Nephew John Green of Warrenton my Negro Girl named Fanny Daughter of Old Fanny & my Negro Man named Buck 12th I give to my Niece Mary Young Widow one hundred Dollars to be paid out of the money due to me from Adam Whitsel 13[th] I give to Anne Christmas Lytle Niece of my decease[d] Wife my Negro Girl named Jane Daughter of Chloe and all her future Increase 14th I give to ["my" x-out] Mary Smart Niece of my decease[d] Wife, my Negro Girl named Nelle Daughter of Chloe and all her future Increase 15th I give to Peggy ~~~~ Lancaster[?], Niece of my Deceased Wife, my Negro Woman Jenny Daughter [Will Book Volume E, page 301] of Chloe and all Such Increase as she may hereafter have ~~~~~~ 16th I give my Negro Women Peggy and Fanny to Stephen Glass and request him to take Care of them in the[i]r old Age 17th I direct my Executors to Sell my two Negro men Jack and Cesar ~~ and all the residue of my property upon such Credit as they may think advisable And the money ariseing therefrom and all the Debts due to me, except as aforesaid I give as follows (to wit) To my Niece Mary Powers wife of Richard Powers one hundred Dollars to her ["Support" x-out] Seperate use and my Executors are directed to pay the same to her personally To my Niece Mary G Christmas before mentioned fifty Dollars ~~~ To my Niece Henrietta Christmas before mentioned fifty Dollars ~~~ To my Nephew John Christmas before mentioned fifty Dollars ~~~ To my Niece Nancy Christmas before mentioned fifty Dollars ~~ And To my Niece Mary Edward Green before mentioned fifty Dollars The residue I direct to be equal =ly divided between Stephen Glass and James A Craig. 18th. I ["give" x-out] appoint Dr. James A Crag my Executor of this my Will ~~~ In Testimony Whereof I have hereunto Set my Hand and Seal This 25th day of June 1830 Richard Christmas (seal) Signed Seald published & [x-out] delivered as the last Will of Richard Christmas in presence of us who have become Subscribing Witnesses thereto at his request this 25 June 1830 A D Murphey } Archd. Murphey } acknowledged in our presence V M Murphey } J Parish } Codicil I Richard Christmas do on this 21th October AD 1831 published and declared this to be a Codicil to my last Will (towit) 1st I give to Miss Betsey Cooper my negro Man named Jack Instead of the negro Jerry named in the Bequest to her and I direct my Executors to sell Jerry instead of Jack as directed in the said Bequest 2nd I give to my niece Henrietta Christmas named in my Will my negro Girl named Fanny Jane the third child of my negro woman Sally 3dy the ac[c]eptance by any one of my Legatees of the Legacy given to him or her shall be considered a relinquishment of & Bar to any claim or Demand which Such Legatee may have or pretend to have on my estate and if any Legatee Shall set up any claim or Demand against my estate it shall amount to a forfeiture of his or her Legacy which in that event Shall Sink into and form part of the residuum of my Estate Richard Christmas (seal) [Will Book Volume E, page 302] Signed sealed published and declared as a Codicil to the Will of Christmas this 25th October A D 1831 in presence of V. M. Murphey J Parish A D Murphey Orange County May Term 1833 The Execution of the foregoing Last Will and Testament of Richard Christmast[sic] decease was duly proved in open Court by the oaths of V M Murphey and J Parish the subscribing Witnesses thereto named and ordered to be Recorded Additional Comments: Will Book Volume E, pages 300-302 Recorded May 1833 Note 1: This "Jerry & Anne" might be a misinterpretation in the will book. Compare to original loose will transcription and original document and judge for yourself. Jerry or Jenny or both names are written somewhat indistinctly. Estate Papers comprise 20 pages and are found in a folder labeled "Christmas, Richard (1833)". The testator, Richard Christmas died in March 1833 Slave Joe was 36 years of age in 1848, hence born 1812, described as "a tall, likely, number one negro and an excellent carpenter" [Estate Papers - Injunction Mar 1859] North Carolina } Court of Equity Orange County } To March Term 1859 The Bill of Complaint of John R. Christmas of Orange County Complainant against William H Thompson (of James) Josiah Turner Sr. Charles M. Latimer, Henry N. Brown James Webb and Samuel Lynch of Orange County & Giles Mebane & Peyton P. Moore as Executors of James A Craig Humbly complaining showeth unto your Honor if your orator the said Christmas that in the month of March 1833 Richard Christmas died in the county of Orange possessed of and well entitled to among other property ["of" x-out] a negro slave named Joe; that before his death he duly make and published in writing his last will and testament duly executed to pass said slave which was proved and recorded at May Term 1833 of Orange County Court & that by said will the said testator dispo- sed of said slave Joe in the following manner and these words to wit "I give "to Stephen Glass my negro boy named Joe of Fanny "in trust for my nephew John Christmas son of my "decease[d] brother James and said Stephen Glass "as Trustee may at any time or times take posses- "sion of said negro boy and hire him out and "pay the hire to said John Christmas it being "my will and intention that the said negro boy "shall in no wise be subject to the debts of said John "Christmas" - all of which will more fully appear by reference to said will a copy of which is hereto annexed and prayed to be [page 2] taken as part of this your orator's bill of complaint. Your orator further shows that Stephen Glass accepted said Trust and allowed your orator to take said slave into his possession that your orator accordingly took possession of said slave and taught him the art and mystery of carpenter's trade Your orator further shows that said Glass died in the month of August 1847 - having first duly made and published in writing his last will and testament which was duly admit- ted to probate at ______ Term 1847 or '8 of Orange County Court and recorded: Your orator further shows that said slave by his said will and that he appointed Dr. James A. Craig his executor who duly qualified as such and took upon himself the duty and burthen of the said administration - Your orator further shows unto your Honor that being indebted to the defendant in the sum of $150 or there about Thomas and the defendant Turner in the sum of $350 or thereabout - he agreed with the defendant Thompson that if he would satisfy the debt due to Turner for your orator that he your orator would cause to be executed to said Thompson an instrument of writing conveying the said slave Joe to him to secure the re-payment of that debt and also the debt due to Thompson and further that said Thompson should give your orator his own time for re-payment of both said debts our of his own Labor and that of Joe and that if a sale of Joe should ever become necessary that said [page 3] Thompson should apply the proceeds for the sale of Joe first to the payment of said debts and then to pay the surplus to your orator. And your orator shows that Thompson who was his brother-in-law agreed to pay off Turner's debt and let your orator become his debtor to that amount and to take an instrument of writing for Joe with the clear and distinct understand that there was to be no day of redemption but that your orator might keep possession of Joe as long as your orator desired and our of his labor and your orator's pay the debt off and that your orator might have his life time to redeem Joe in and in the event that a sale was deemed advisable by both your orator and Thompson, then out of the pro- ceeds of such sale Thompson was first to pay off said debts and to pay the surplus to your orator --- your orator further shows unto your Honor that having settled the terms of the transaction both being ignorant men, they ( the said Thom- pson and your orator) applied to Dr. James A. Craig the Executor of said Glass who was considered a good business man to draw up an instrument of writing to carry into effect the above-recited agree- ment and your orator shows that said Craig drew up an instrument which operated to convey the sale Joe to Thompson ["and" x-out] but without any clause of redemption in- serted therein; Your orator show that both he and Thompson were ["both" x-out] ignorant of the law on this subject and left the drafting of the deed to Craig whom they thought had some experience and knowledge about mush matters [page 4] but your orator charges that Craig was equally ignorant as Thompson and himself and that a clause of redemption embodying the agreement made between himself and Thompson before-stated was omitted from said instrument through ignorance, mistake or carelessness of the said Craig --- Your orator show in this connection that said Craig who was legal owner of Joe as executor of Stephen Glass was made full acquainted with the agree- ment between your orator and Thompson as above-stated and your orator charges That his omission to insert in the bill of sale a clause of redemption was a gross & terrible[?] unintentional oversight on the part of said Craig: You orator further shows that said Thompson paid off Turner's debt in pursuance of the agreement (at least that Thompson so in- formed him and he believes such to be the fact) and your orator omitted[?] that Craig should sign the bill of sale which he accordingly did on the 28th of February 1848 and delivered the same to the defendant Thompson in which your orator joined; You orator is enable[?] to append a copy of the said bill of sale to his [????] as he supposes that it still remains in posses- sion of Thompson and has never been regis- stered: Your orator further shows that Thompson never interfered with his posses- sion of Joe and that your orator ["further shows that" x-out] he has ever since remained in the peaceable and quiet possession of Joe until the 1st day of January 1858 when he was ["forcibly" x-out] taken out of your orator's custody and possession [page 5] while he was absent in an adjoining county temporarily on business as hereinafter more particularly stated; You orator further shows unto your Honor that since the 28th of February 1848 he has paid the defen- dant Thompson from time to time in money and in work at least $600 and your orator believes that he had very nearly if not entirely paid off the said mortgage debts; on the 1st of January 1858; You orator further shows that on the 28th of February 1848 when the said bill of sale was executed as aforesaid the said slave Joe was only thirty six years of age a tall, likely, number one negro and an excellent carpenter, and he avers and charges that the sum of $500 was not one half of his value; your orator further shows that becoming more enlightened in such matter, about ["about" x-out] two years after the execution of the said bill of sale and feeling that he was at the mercy of the defendant Thompson, (Dr. Craig having died) he applied to Thompson to give him a paper, stating the nature and extent of the agreement between them, and your orator shows that he stated the matter to "counsel learned in the law" who drew up an ins= trument pf writing for Thompson to sign which he assumed your orator would be suffi- cient to show that the bill of sale thought absolute upon its face was in truth and reality a mort- gage which paper was signed by the defen- dant Thompson and dated the 18th of January 1850 [??? x-out] which your orator has ready [page 6] to produce when thereto required by this Honorable Court - Your orator shows that in said paper express reference is made so that Mortgage and an acknowledgment by Thompson that he did not hold said negro as his absolute unconditional property by necessary inference - You orator further shows that the defendant Thompson has seprating[?] since the 25th of February 1848 upon sundry occasions and to divers persons as your orator has been informed and believes acknowledged that the agreement with respect to your orator's right of redemption was as above-stated and has to various persons declares "that all he wanted was his money" - Your orator further shows that he understands and believes that some time since the defendants Josiah Turner, C M Latimer, H N Brown, James Webb & Samuel Lynch who had obtained judg- ments against the defendant Thompson as aforesaid, on or before the 1st of January 1858, placed execution upon these judgments into the hands of one John Turner a constable of Orange County and authorize and require said Turner to levy upon the said slave Joe and sell him to pay off the said executions; You orator further shows that on the 1st of January aforesaid the said John Turner did accordingly levy upon [page 7] and seize the said slave Joe and imprison him in the jail of Orange County and has Kept him in the jail of Orange County and has kept him in close prison ever since; Your orator further shows that the said John Turner has advertised that he will sell said slave on the 25th of January 1858 to pay and satisfy the said executions - Your orator show in this connection that he has been informed and believes and charges the same to be true, that the whole proceeding is an attempt on the part of Thompson to pay is debts with the pro- perty of your orator and your orator ["charges" erased] states in this connection that the defendant Thompson owns land, stock and other pro- perty to a considerable amount ["also" x-out] none of which has been levied on and your ora- tor understands that Thomas well knew when Joe was taken, (being in Hillsboro' at the time) yet neither took any step to prevent this gross outrage upon your orator's equitable interest which, as as being in the nature of a trustee, he should have protest by altogether neglected to give a forthcoming bond which he could have done with all ease, or to take any other steps to present the seizure and imprisonment of Joe as aforesaid, and your orator shows that so vindictive is the malice of the defendant Thompson that he instructed the jailer to refuse your orator and his wife admittance into the jail to see Joe to whom they were much attached "from a long time of service and early[?] attachment" and your orator charges that the other defendants and Thompson have combined and conspired together [page 8] to deprive him of his equitable estate and interest in Joe as before stated knowing him to be a poor friendless mechanic. As is shown by the fact (among others) that they of some of them as your orator has been informed, gave instructions to the officer Turner not even to allow your orator to give a forthcoming bond for the appearance of Joe on the day of the sale and thus is your orator "beset with enemies" [some overwrite, thus:] Your orator further shows that the defendants Giles Mebane and Peyton P Moore are the executors of Dr Craig and have no credibility[?] in the matter And your orator further show that he is ready now as he has been at all times to carry into effect the agreement between himself and said Thompson as above-stated - all of which actings[actions] and doings of the sd[?] defendants (except Mebane & Moore) are contrary to equity and good conscience and tend to the magnificent wrong and injury of your orator in the premises and for as much as your orator is remediless in this premises save in a Court of Equity where matters of this nature are properly cognizable and relievable. To the end therefore that the said defendants may upon their corporeal oaths and to the best and utmost of this several and respective, knowledge, remembrance information and belief full time direct and perfect answers make all and singular the matter afore- said and that as fully and particularly [page 9] as if they[?] same were here respected and they distinctly interrogated thereto; that a decree may be made perpetually enjoining and restraining the defendants Josiah Turner Sr Charles M Latimer & Henry N Brown, James Webb and Lemuel Lynch Their attorney, and agents and especially the said John Turner and all other persons whatsoever from selling said sale Joe under the said executions or any other executions and also from holding the said slave in custody and requiring & enjoining[?] them to deliver up said slave Joe to your orator and that an account may be take by and under the direction of this Honorable Court of the amount of money if any due the defendant Thompson of that secured by the transac- tion aforesaid and also of the amount paid in money and work to said Thomp- son by your orator and if the said debt secured as aforesaid has been paid by your orator that said Thompson may be required to re-convey the said slave Joe to your orator ["and" x-out] or if the said debt has not been paid that the said bill of sale from Dr. Craig and your orator to Thom- pson may be ordered to be surrendered xxx[?] for cancellation and that the defendant Thompson may be required to accept from your orator a new mortgage of the slave Joe embodying the agreement aforementioned[?] to secure the balance which may be found due to him upon taking said account and [page 10] that the said Thompson me be perpetually restrained and enjoined from selling said slave and from taking him out of your orator's possessions when receive by him - and that your orator mat be quieted[?] in his equitable title and interest in said slave and that your orator may have such other and further relief in the premises as the nature and circum- stances of this case may require and to your Honor shall seem meet. May it please your Honor to grant unto your orator not only the Writ of Injunction issuing out of and under the seal of this Honorable Court to be directed to the said Josiah Turner, Charles M Latimer, Henry N Brown, James Webb and Lemuel Lynch, and the said John Turner Commanding and enjoining them their attorneys and agents and more especially the said John Turner and all other persons to desist and refrain from selling the said slave Joe under the said executions or any other executions against the defendant Thompson and also commanding and enjoining them and each of them to desist from holding the said slave Joe in custody but to deliver him up to your orator and also a like writ enjoining the defendant Thom- pson from selling said slave Joe or taking him out of your orators posses- ssion when surrendered up to him but also the State's Writ of Subpoena [page 11] to be directed to the said William H Thompson ( of James) Josiah Turner Sr, Charles M Latimer, Henry N Brown James Webb and Lemuel Lynch, Giles Mebane & Peyton P Moore commanding them and each of them to appear before your Honor in this Honorable Court at the next term thereof there and there to answer the premises And as in duty &c H K Nash W H Bailey Solr. for Complainant North Carolina } Orange County } The complainant John R Christmas maketh oath before me that the matters of fact stated in the foregoing bill as of his own knowledge are true and the rest he believes to be true Sworn to & subscribed John R Christmas before me this 16th day of January 1859 J. L Bailey State of North Carolina S.S. Upon the complainant entering into a penal bond in the sum of one thousand dollars [x-out] with good surety conditioned for the successful prosecution of his said suit and paying all such costs and damages as may be awarded against him upon the dissolution of the injunction hereby graded the Clerk & Master of the Court of Equity for Orange County is hereby required to issue the writs of Injunction and subpoena as prayed for in the foregoing Bill. Witness my signature at Chambers this the 16th day of January 1858