Orange County NcArchives Wills.....Couch, Thomas September 27, 1829 ************************************************ 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 Written: September 27, 1829 Testator: Thomas Couch [Draft 1, page 1] I Thomas Couch Being weak in body but in Sound memory do constitute this my last will and Testament, revoking All other wills by me heretofore made & for the sett[l]ement of my landed property I Give and bequ[e]ath To my Son Thomas Couch one half of the land I purchased of Wm. White & part of the tract of Land I bought of Joseph White Lying on the west side of Piney Mountain Creek so as to make The creek the line Also the land I bot of Hart the Hencha & Scarlett Tracts also one half of my Stock of hoggs which may be on hand at my death & the land I bot of Geo. Johnson I Give and bequath to my Son Harden Couch Two Hundred Acres of Land it being part of the Peelor Tracts adjoining Lands of Aquala Rhodes & the heirs of Benj Rhodes Run[n]ing by a line north and South, across the whole of my tracts so as to make his quantity. I Give and bequath to my Son Isaac Couch Two Hundred acres of land it being part of the Peelor Tracts adjoining Harden's part of Land run[n]ing in the same form so as to make his quantity of area[acres?] I Give and bequath to my Son Jacob Couch all the residue of the Peelor Tracts of land also all the Monie I may leave at my Death after paying all my Just debts I give & bequath the other half of my Stock of hoggs I may leave at my death To my Son William Couch I Give and bequath all the residue of my property of Every Description to my Six Sons Viz Samuel Couch Isaac Couch Wm Couch Thomas Couch Jacob Couch & Harden Couch Turn over [Draft 1, page 2] My negroes to [be] allot[t]ed as nearly Equ[a]l[ly] as posebel between all my sons above named I Give and bequath to my Daughter Ann Horne Forty Dollars to be paid out of my sons parts of my property left them I Give and bequath To my Daughter Susannah Horne Forty Dollars to be paid out of my sons parts I Give and Bequath To Rachel White Ten Dollars I Give and Bequath To Thomas White Ten Dollars their parts to be manner as above named In Witness I have hereunto Set my hand & seal this 14th day of January 1828 Thomas Couch (seal) [Draft 2, page 1] I Thomas Couch Being weak in body but in sound memory do constitute this my last will and Testament, revoking All other wills by me heretofor[e] made & for the better Settelment[sic] of my Estate.. I Give and bequ[e]ath to my Son Thomas Couch one half of the land I purchased of Wm. White & part of the land I bought of Joseph White lying on the West Side of Piney Mountain creek so as to make The creek the line between him and William and the Hart Tract the Scarlett Tracts the Honcha[?] and Geo Johnson Tract the choice of my wagons & geer Two Choice horses Two Stills all my Brandy, and all Cyder and brandy cash Two Feather beds with their furniture - Smith Tools, plantation Tools & kitchen furniture & one half of my Stock of Cattel & hogs I Give and bequath to my Son Harden Couch Two Hundred Acres of land it being part of the Peelor Tracts adjoining Land of Aqualla Rhodes & the heirs of Benjamin Rhodes Run[n]ing by a line north and South, so as to make his quantity across the whole of my Tracts I Give and bequath to my Son Isaac Couch Two Hundred acres of land To Join Harden's part run[n]ing by a line north and South across the whole of my Peelor Tracts So as to make his quantity I Give and bequath to my Son Jacob Couch the Ballance of the Peelor Tracts of land I Give and Bequath To my Son William Couch my other wagon the other half of [my] Stock of Cattel & hoggs the Balla[nce] of my Horses [Draft 2, page 2] I Give and Bequath To my Daughter Ann Horne Forty Dollars I Give and Bequath To my Daughter Susannah Horne Forty Dollars I Give and Bequath To my grand Daughter Rachel White Ten Dollars - I Give and Bequath To Nancey White Ten Dollars I Give and Bequath To Susannah White Ten Dollars I Give and Bequath To Thomas White Ten Dollars I Give and Bequath To Joseph White Junr. Ten Dollars I Leave for my negro man Kitt to be sold and the money arising from the Sale of him to be Equally Divided among all my sons and Daughters I Give and Bequath all my negroes which I may have at my Death To my Six Sons, Viz. Samuel Couch Isaac Couch, William Couch, Thomas Couch, Harden Couch, Jacob Couch To [be] Equal[l]y Divided amongst my Six Sons, my Son William to have one negro less than the other, Equal in Value to the Girl I Gave his is at this Time, Also all the monie I may leave after paying my Just Debts & paying off the above monied legacies by me Left, the monie to be Equally Divided amongst the above Named Six Sons In Witness whereof I have hereunto set my hand And Seal this 27th day of September 1829 Signed & Seal In th[e] { Prisense of us { Thomas Couch (seal) Additional Comments: No will book copy found. Draft 2 as labeled above experienced some water damage, but this did not significantly diminish the legibility of the will. Although there are two drafts of wills in this folder, no will was proved, and Samuel was assigned to administer the estate in February 1832. There are 57 images of estate papers. A commission was assigned by the court to divide the land, and another commission to divide the Negroes. Eleven pages of the estate papers where chosen for inclusion here with a transcription or partial transcription. Ann Horn was wife of James Horn Susannah Horn was wife of Joshua Horn, and lived in Giles County, Tennessee Elizabeth White was wife of Joseph White. She was deceased at the time of the division of land, and possibly at the time of the writing the of will in 1829, because only her children are listed in the will. Jacob Couch was living in Pulaski County, Arkansas Territory while the divisions were being made, "for the last three years" in September 1833. Estate Papers comprise 57 pages and are found in a folder labeled "Couch, Thomas (1832)". [Estate Papers Affidavit page 1] North Carolina Sup. Court of Law Orange County Spring Term 1833 Joshua Horn vs Jacob Couch Samuel Couch summoned as a garnisher in the above case maketh oath that he is the admr. of his father Thos. Couch dec. - that as admr. he took into his possession the personal property of his Intes -tate & among other things a number of negroes - that he took out letters of administration at Febr. Term 1832 - that whether all the debts of his intestate are paid or not he does not know that all are discharged which have come to his Knowledge - whether or not any are still outstanding he does not Know -- That the Def. is a son the intestate & entitled upon comply -ing with the requisites of the law to his distributive share - that he is not an inhabitant of this state & he has written to him requiring him to present him with a schedule of the property furnished or ad -vanced him by the intestate in his life time - which he has not yet done - Affiant further states that he has in his hands no money belonging to Deft. - that the distributees [x-out] filed a Petition for dis -tribution and a decree was made at Augt. Term 1832 apointing Charles Johnson & others to divide the prop- erty among the claimants - that said commissioners did accordingly meet & divide the property & to the Deft. was assigned the following negroes - to wit Pat- Celia, Sam, Zion & her other child name not now recollected - which negroes he still holds in his pos [Estate Papers Affidavit page 2] -session - that the Deft. has never furnished him with a schedule of his advancements nor ever tendered to him a refunding bond - He further states that there are unsettled accounts between him & the Deft. that the Deft. is in this debt, but to what amount he does not Know - but not to the value of the negroes Samuel Couch maketh oath that the facts stated in the above garnishment are true to the best of his Knowledge & belief Sworn to in Open Court 15 March 1833 Saml Couch A.B. Bruce CSC [Clerk Superior Court] [Estate Papers Petition page 1] State of North Carolina } Court of Pleas and Quarter Orange County } Sessions November Term 1832 Saml. Couch & others } vs } Petition to Sell Negroes Jacob Couch & others } This case coming on to be heard upon the petition, the interlocutors orders and decrees made in the Case and the report of the Commissioners, it is declared by the Court that the petitioners and defendants are the next of Kin & distributees of Thomas Couch deceased in the manner set forth in the petition - that at August Term last of this Court a decree pro confesso was taken a- gainst the defendants ["accor" x-out] of a due advertisement Made in the Hillsborough Recorder for Six suc- cessive weeks according to the order of the Court Made at May Term last - That at said May Term com- missioners were appointed to divide and allot the negroes be- longing to the estate of the Said Thos. Couch deceased among the petitioners and defendants, according to their respective rights and interests therein as set forth in the petition - That said Commissioners were duly sworn, and divided and allotted the said negroes among the parties and have made a due return and report thereof to this Term It is therefore adjudged ordered and decreed by the Court, that the said report be confirmed & that the admr. Samuel Couch deliver up the negroes whenever refunding bonds are tendered to him - and that the costs of this suit be paid by the parties according to their respective interests [Estate Papers Petition page 2] pursuant to an order appoint us as commissioners namely Charles H. Johnston Jno Blackwood William Ruskin[Buskin?] William Hornady & Zachariah Trice, we proceeded in obedi ence to said order to allot and divide the Negroes of the late Thomas Couch deceased Among the following re presentatives and legatees viz Saml. Couch Isaac Couch William Couch Harden Couch Thomas Couch Pendleton Cole and Nancy his wife Rachel White Susannah White Thomas White & Joseph White Jacob Couch James Horn & Ann his Wife. & Joshua Horn & Susannah his wife all being legatees and representatives of the said Thomas Couch Deceased - The division of the Negroes is as follows viz It is acknowledged by James Horn & Ann his wife Joshua Horn & Susannah his Wife Joseph White & Elizabeth his Wife (she being deceased) & Wm Couch that they had each of them a Negroe Girl Given to them by the Said Thomas Deceased supposed to be about Six Years old and by their con sent as well as the consent of all the rest of the legatees above mentioned be allotted To Saml . Couch One Negroe Girl by name Phillis - To Isaac Couch one Negroe Girl by name Mahaly. To Thomas Couch one negro Girl by name Moriah. To Jacob Couch One negroe Girl by name of Zion all the legatees and representatives of said Thomas Deceased, being present and con senting thereto except Jacob Couch and these Negroes that we allot as above Being of the same age & sup- -posed value as those advanced by the said Thomas Deceased - The division of the negroes amongst all the legatees as follows and which was valued and drawn by the legatees viz Lot No 1. containing Alesy valued at $265 - Prissilla vald. at $250. Caroline vald. at $140 Soloman vold. at $300 == amount == $955 - and drawn by Harden Couch -- Lot No 2nd Containing Tilla valued at #300 - Freeman vold. at $155. Noah vald at $94 Hannah vold. at $405 == Amounting to == $954 - and drawn by Joshua Horn & Susannah his wife - [Estate Papers Petition page 3] Lot No 3 Containing Patsey valued at $280. Dinah vald. at $136 Selah vald. at $200 Samuel valued at $400 == amoun ting == to $1016 -- and drawn by Jacob Couch -- Lot No 4 Containing Jincy valued at $285 - Gabrield val. at $450 -- Ellen vald. at $140 - Jincy vald. at $70 == amounting == to = $945 -- Lot no. 5 Contain[in]g Sarah valued at $100 Damon vald at $200 - Damaris vald. at $200 - Hubbard valued at $450 == Amounting to == $950 --["James Horn" blotted out] drawn by James Horn & Ann his Wife - Lot No 4 was drawn by Thomas Couch -- Lot no 6.- containing Guy valued at $395 -- Henderson vald. at $153 - Lizy vald. at $200 -- Kitt vald at $195 == making = $943 - and drawing by the Heirs of Joseph White.---- Lot no 7 containing Manuel valued at $300. - Willis valued at $370. Caleb valued at $370 == amounting to == $1040 and drawn by Saml. Couch - No 8th. (and Lot) Containing Jack valued at $430 James value at $450 == amounting to == $880. and drawn by William Couch. Lot No 9 Containing Ben valued at $00 - Abram valued at $449 == amoun -ting to == $849, and drawn by Isaac Couch -- We further observed, that it was impossible to make the lot of Equal Value in the division of the Negroes, each distributive share amounting to $948. We there -fore say that Lot No. 1 pay to Lot No. 9 $7 - Lot No. 2 pays to Lot No. 9 $6 - That Lot No. 3 pays to Lot No. 8 $68 That Lot No. 4 Receives from Lot No. 7 $3 That Lot No. 5 pays to Lot No. 9 $2-- Lot No. 6 Receives from Lot 7 $5-- Lot No 7 pays to Lot No. 9 $84 Turn over--------- [Estate Papers Petition page 4] We further observe that the whole amount of the valuation of the Negroes (after allotting the aforesaid Small Negroes to make their advancement equal as before stated in this report) is $8532 - It Being divided into 9 chars, makes the distributive share $ 948 - as before mentioned All of which we respectfully submit to the Worshipful Court of Nov. Term 1832 Given under Our hand and seals this 22nd November 1832 C. W. Johnson (Seal) J. Blackwood (Seal) William Duskins (Seal) Zachariah Trice (seal) NB We further observe to the Court that there is an old Negroe Woman by name Sucky, nigh 100 years of age the we could not make any dis tribution of we therefore recommend her to Your Worships to be disposed of as Your Worships may think proper C. S. Johnston Wm. Trice Will. Duskin J Blackwood Zach. Trice [Estate Papers Inventory page 1] A list of Property sold at the residence of the last Thomas Couch Dec by the administrator Samuel Couch March the 8th 1832 .... [sundry articles omitted, continuing on page 3] 3 - 3 Amount Brot forward $314.41 James N. Patterson 1 negrow man Kitt hired out at .25 Harden Couch 1 Negrow woman Lizey 6.10 Thos. Couch 1 Cecley woman 10.30 Davd. Strahorne 1 Negrow Man Sam 31.00 James Gant 1 negrow man Ben 25.50 Wm. Couch 1 Ditto Abraim 28.00 Isaac Couch 1 Ditto Gabriel 26.00 Asa Couch 1 Ditto Jack 27.50 Thos. Couch 1 Ditto James 27.00 James Rainey 1 Ditto Hubbart 28.25 Thomas Couch 1 Ditto Willis 26.00 Harden Couch 1 Ditto Danniel 27.00 Maris Ross 1 negrow boy Guy 17.75 N. J. King 1 Ditto Caleb 12.75 John Borroughs 1 Ditto Manuel 2.50 John Borrroughs 1 Girl by the name of Demarius 1.00 Thos. Couch 1 girl Pricelley 5.00 George Browning 1 boy by the name of Damon 0.50 James Warren 1 woman Sarah 7.25 James Borroughs 1 girl Philles .25 1 woman Alesey & two children by the names of Caroline & Anderson to the Thos. Couch lowest bidder $4.40 Thos. Couch 1 old woman Sook 25.00 1 Ditto Patt and 2 chldren by the name Wm. Couch of Haley & Dinah $7.50 1 Jency & 3 children by name of Wm. M. Pratt Henderson Ellen & Mariah 26.20 1 Ditto Tiller & 3 Children J. T. Patterson Zion. Freeman & Noah 15.90 John Borroughs 1 blue sow & piggs with white list[?] 1.85 [continues with more livestock, etc.]