Orange County NcArchives Wills.....Faddis, John Sr May 12, 1824 ************************************************ 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 201-202 Written: May 12, 1824 Recorded: Nov 1829 Testator: John Faddis, Sr I John Faddis of the Town of Hillsboro County of Orange & State of No.Carolina being of sound and disposing mind & memory do constitute and ordain this my last Will and Testament in manner and form as follows First I desire that all my Just debts be Paid as soon after my de- sease[sic] as Possible Second I give and bequeath the whole of my estate Both ready and personal to my Wife Nancy Faddis during her natural life Third I give and bequeath to my grand daughter Eliza Womack a Negro Girl Called Mary daughter of Frank to her and her Heirs forever but should she die without a Child or Children or having made a Will It is my will and desire that Mary should descend to my grandaughter Mary Jane Womack Fourth I request my Executors to buy a Negro Girl for my said grandaugh- ter Mary Jane Womack and that two Hundred and fifty Dollars be appropriated for that purpose or to be Put to Interest and if she should die without leaving a Child or Children or having a[sic] made [page 2] a will it is to be equally divided among her Brothers & Sisters who shall survive her 5th At the death of my Wife It is my wish and desire that the whole of my Property be divided equally between my two Children Nancy Womack & Thomas J Faddis in the following manner Three discret[e] Persons are to be chosen by my Executors or the survivor of them who shall value the whole and deliver to my Son Thomas J. Faddis his moiety The other moiety intended for my daughter Ann Womack I hereby give devise and bequeath to my Friend Jonath[an] P. Sneed to have and to hold to him and his Heirs forever In Trust, nevertheless & to the intent that he shall receive the rents and Profits of the Said moiety together with all the increase of the slaves and apply the same to the use and benefit of my Said daughter Ann Annually as a support during her na- tural life, but the same that is to say neither the Property nor the rents Hires or Profits shall be subject in any way to her Husband Jacob P. Womack or the Payment of his debts, And upon the further trust upon the Death of her Husband should she survive him to con [page 3] vey and assign the whole moiety both real and Personal as well as accumulated Profits as well as the increase of the slaves to my said daughter Ann Or in case of her Death before such conveyance then and in that case It is to be conveyed to her Children and delivered over to ["any" erased] them or any Person Legally authorized to receive their respective Shares thereof 6th In making a Division of my Estate It is my will and desire that Frank & all her Children then born shall be a Part of the moiety which is Devised in Trust for my daughter Ann Womack 7th I hereby constitute and appoint my Wife my Son Thomas J. Faddis & my Friend J. P. Sneed Executrix and Execu- tors of this my last will and Testament with all the Powers and Authorities of --- Executors Witness my hand and seal this twelfth day of May 1824 In Presence of James Webb Jurat John Faddis Snr (seal) B Phillips Thomas J. Faddis one the Exrs qualified [Will Book Volume E, page 201] I John Faddis of the Town of Hillsborough County of Orange & State of No.Carolina being of sound and disposing mind & memory do constitute and ordain this my last Will and testament in manner and form as follows ~~ First I desire that all my Just debts be paid as soon after my decease as possible ~~~ Second. I give and bequeath the whole of my Estate both ready and personal to my wife Nancy Faddis during her natural life ~~ Third I give and bequeath to my grand daughter Eliza Womack a Negro Girl called Mary daughter of Frank to her and her Heirs forever, but should she die without a child or children or having made a Will, it is my Will and desire that Mary should descend to my grand daughter Mary Jane Womack Fourth I request my Executors to buy a Negro Girl for my said Grand daughter Mary Jane Womack and that two hundred & fifty dollars be appropriated for that purpose or to be put to Interest and if she should die without leaving a child or children or having made a Will it is to be equally divided among her brothers & Sisters who shall survive her ~~ 5th At the death of my Wife it is my wish and desire that the whole of my Property be divided equally between my two children Nancy Womack & Thomas J. Faddis in the follow= =ing manner ~~ three discreet persons are to be chosen by my Execu= =tors or the survivor of them who shall value the whole and deliver to my son Thomas J. Faddis his moiety ~~~~~ The other moiety intended for my daughter Ann Womack I hereby give devise and bequeath to my friend Jonathan P. Sneed to have and to hold to him and his heirs forever. In Trust nevertheless and to the intent that he shall receive the rents and profits of the said moiety together with all the increase of the Slaves and apply the same to the use and benefit of my said daughter Ann annually as a support during her natural life, but the same that is to say neither the property nor the rents, hires or profits shall be subject in any way to her husband Jacob P. Womack or the payment of his debts, and upon the further trust upon the death of her husband should she survive him to convey and assign the whole moiety both real and personal as well as accumulated profits as well as the increase of the Slaves to my said daughter Anne[sic] or in case of her death before such conveyance then and in that [Will Book Volume E, page 202] case it is to be conveyed to her children and delivered over to them or any person legally authorized to receive their respective shares thereof ~~~ 6th In making a division of my estate it is my Will and desire that Frank and all her children then born shall be a part of the moiety which is devised in trust for my daughter Ann Womack 7th I hereby constitute and appoint my wife, my son Thomas J. Faddis and my friend J. P. Sneed Executrix & Executors of this my last Will and testament, with all the powers and authorities of Executors ~~~ Witness my hand and Seal this twelfth day of May 1824 ~~ In Presence of James Webb John Faddis Senr (seal) B Phillips Orange County November Term 1829 The Execution of the foregoing last Will and testament of John Faddis decd. was duly proved in open Court by the Oath of James Webb a subscri =bing witness thereto, and ordered to be recorded ~ At the same time Thomas J. Faddis one of the Executor therein named appeared in open Court and qualified accordingly Test Additional Comments: Will Book Volume E, pages 201-202 Recorded Nov 1829 Estate Papers comprise 77 pages and are found in a folder labeled "Faddis, John (1830)". Middle name of "Thomas Jeff. Faddis" probably "Jefferson" Nancy Faddis died 3 May 1835 "...somewhere about the year 1833 Thomas J. Faddis, Jonathan P Sneed and your peitioner [Ann Womack] moved to the State of Tennessee and subsequently to Mississippi..." Nancy / Ann Womack moved to DeSoto County, Mississippi Eliza Womack married Alexander H. Murphy Thomas J. Faddis was a bachelor and died "in the last year" per writ dated July 1843 Note 1: capeas: In law, a writ in a civil action directing that the person of the defendant be taken into custody. [Estate Papers - Estate Sale 12 Oct 1830] A list of the property sold on the 12 Oct 1830 belong[ing] to the Estate of John Faddis Sr Decd. By Thos Jefferson Faddis Executor on a credit of Six Months [sundry items] [page 5] The amount of the sale of the negroes belonging to the Estate of John Faddis, Sr. Dec. agreeable to an order of Court on the 17 Nov 1832 Daniel George March Henry Collin Allen Margret & 2 children John & Phebe Mariah [only a list of names, no amounts given] [Estate Sale - Negro Valuation 7 Nov 1832] A coppy of the sale of Negroes Belonging to the Estate of Jno Faddis Sr D. ------------------------------------------ Jim Age 45 233 Frank do 38 250 Eiah do 40 280 Margret do 30 300 Mariah do 24 325 Henry do 21 400 Daniel Do 30 350 George do 28 400 March Do 28 400 Allen Do 7 425 Abner Do 14 350 Colin Do 12 350 Mary Do ----- 240 Hellen & Jul 7 ----- 175 John 3 ----- 100 Phebe 1 ----- 78 $5085 We the subscribing be called upon to v- alue the above negroes & we do certify that five thousand & Eighty five dollars is the true value given under han[d]s Nov 7:1832 Jonas Webb J S Smith D Yarbro [transcription note: several of these are unclear.] [Estate Papers - Exparte Petition Feb 1831] North Carolina } Court of Pleas & Quarter Session Orange Cty } February Term A.D. 1832 To the Worshipful Justice of said Court The Exparte petition of Thomas J. Faddis Exr. of the said Will & Testa= ment of John Faddis decd.;~~~~ Your petitioner humbly shew= eth, unto your Worships, that after having qualified as Executor of the last will & Testament of his decd. Father, he soon ascertained that the Estate was largely indebted - & that he has sold the perishable Estate for the purpose of defraying the debts due from the Estate of his Testator. ["that" x-out] And that after making such sale Your petitioner hath ascertained that the proceeds thereof & the monies due are insufficient by a large sum to pay off the debts owing by the Es= tate. You petitioner sheweth that there will be remaining un= paid, after applying all the monies on hand raised by the sale of the perishable property & monies collected,debt to the amount of between $1500 and $2000 Your petitioner therefore prays Your Worships that he have leave [page 2] by an order of this Court to sell ne= gro property equivalent to the de= mands against the Estate You petitioner thinks that five negros would be sufficient to defray the debts due. Your petitioner will ever pray D. H. Mangum Atto &c [Estate Papers - Exparte Petition Feb 1832] North Carolina } Court of Pleas & Quarter Session Orange County } February Term A.D. 1832 To the Worshipful Justice of said Court Exparte petition of Thomas Jeff. Faddis Executor of the said Will and Testament of John Faddis decd.;~~~~ Your petitioner humbly sheweth unto Your Worships that he is the Executor of the last will & testament of his decd. Father - as will appear by reference to the records of this Court - and that the perishable estate of his Testator has proved insuffi- cient to discharge the debts due from said Estate: and that about twenty six hundred Dollars is still due & unpaid ["form' x-out] of said debts - Your petitioner prays that he have leave to sell the negro slaves of his sd. testator or as many of them, as may be necessary to pay & discharge said debts - on such credits as to your Worships may seem meet. And you petitioners will every pray D.H. Mangum Atto for Petitioners [Estate Papers - Bill of Injunction Jul 1843] The the Honorable the Judge of the Court of Equity for Orange County the Bill of Complaint of James S. Smith against Nancy Womack, her husband Jacob P. Womack, their children Eliza G[S?] & her husband Alexander H Murphy, Edwin P. Womack, William J. Womack, Anna J. & her husband John Womack, James Womack, Thomas Womack, Mary Womack, & M. Womack the first last name of whom, are infants, under the age of 21 years, and Dr. James Webb Clerk & Master of this Court. Humbly Sheweth to Your Honor Your Orator James S. Smith of the said County of Orange, that John Faddis formerly of Hillsboro died in the year 1829, having previously made and published his last will and testament in writing with all proper solemnities, which was duly proved & recorded soon thereafter. That in & by said will, that said testator, did devise, & bequeath, the bulk of his estate, after the death of his wife, to be equally divided between his two surviving children Thomas J. Faddis, and Nancy Womack, then & now, wife of Jacob P. Womack - with a special provision, that her part, should be, for her sole and separate use, free from all control or liability of her said husband, and that it should be [page 2] be[sic] delivered to one Jonathan P. Sneed as her Trustee, to receive the rent profits & increase thereof, and apply the same to the use & benefit of the said Ann or Nancy Womack during her natural life. And upon the further Trust " upon the death of her husband, should she " survive him, to convey & assign the whole " moiety both real & personal as well as accumulated " profits, as well as the increase of the slaves, to " his said daughter Ann, or in case of her death " before such conveyance then & in that case it is to " be ["conveyed to" blot out] conveyed to her children, " & delivered over to them [???] which more fully appears by reference to said will. That Nancy Faddis the widow of the said John, died in the year 1834 And the aforesaid Jonathan P. Sneed utterly refused to undertake the Trusteeship devolved in him by said will That by a decree of This Court made in the Petition of the said Thoas J. Faddis, Nancy or Ann Womack, and her husband & children aforesaid, and the said Nancy Faddis during her life, the real estate of the said John Faddis decd., in the County of Orange were directed to be sold, and the sd. Thomas J. Faddis became the purchaser thereof. That on the coming over of the said cause for further directions it was adjudged & decreed that the share of the purchase money belonging to the said Nancy Womack and her children should be lent out by the Clerk & Master of this Court on interest with good personal security. That in pursuance of said decree the Clerk and Master did lend the monies belonging to said Womack family, [blot out] to the sum of Fourteen Hundred & Eighty six [page 3] dollars ($1486) to the said Thomas J. Faddis and your Orator became his surety in the bond given to the Clerk & Master to serve[?] the same All which appears of record in said suit, to which reference is made Your Orator further shews, that in the autumn of 1833, the aforesaid Jonathan P. Sneed, Thomas J. Faddis, and the aforesaid family of Womacks, removed together from this state to Tennessee and ["afterwards settled in" blot out] the state of Mississippi. That the said Thomas J. Faddis returned several times on visits, to Hillsboro, after their removal, to superintend his own business & not of the estate of his said Father. He further shews that the aforesaid Nancy Womack, suing as well for the benefit of her children aforesaid, as for herself, under the Laws of Mississippi did on the 18th of April 1841, at a place called Oxford in that state, institute a suit in Chancery against the aforesaid Thomas J. Faddis, and Jonathan P. Sneed, the former as Executor, and the latter as Trustee for her benefit under the will of the said John Faddis deceased, praying a general account of all their interest in that estate of said testator, and specially setting forth, the sale of the real estate aforesaid, the price at which it was bought by the said Thomas J. Faddis and asking that her share of the purchase money should be decreed to her, and paid over to her. That said J. P. Sneed in his answer disclaimed all interest or liability in the premises, averring his remuneration under said will which is of record in the County Court of this County. [page 4] The said Thomas J. Faddis answered said Bill bully, and stated all the facts pertaining to the matters now in question, as they are herein, before set forth On the 21st of the said month of April, The cause came on to be heard, and his Honor the Chancellor of the State of Mississippi, among other things, was please to decree as follows Towit " And it further " appearing to the satisfaction of the Court that Thomas " J. Faddis was indebted to said complainant " in the sum of $1486, with interest from the 15th " of September 1837 amounting to the sum of $1805. " 50/100 on account of lands sold belonging to " said estate, and for which the bond of the said " Thomas J. Faddis with security is now filed in the " Court of Equity of Orange County, in North Carolina. " and it appearing also, that the parties in said " case had argued that the title to the slaves in the " Bill mentioned should be decreed to the defendant " Thomas J. Faddis, and that said sum of money " should be decreed to the Complainant in full satisfaction " of her rights set up in said Bill. The Court thought " fit by & with the advice and consent of the parties " to order adjudge & decree, that the title to the said "18 slaves mentioned in the Bill, together with there increase " be and the same are hereby vested in the said Thomas " J. Faddis, and that the said Thomas J. Faddis do " pay to William Webb, who is hereby appointed Trustee " of said Nancy Womanck, the said sum of $1805. 50/100 " on or before the 1st day of september, otherwise Execution & issue therefor " as to Law. [begin underline] And on Payment of said sum the " said bond filed as aforesaid to be held satisfied. [end underline] [page 5] All which will more fully and at large appear from inspection of a copy of the record of said suit in Mississippi, which your Orator has ready to produce in this Court. Your Orator further shews, that he is informed and believes, that the said William Webb appointed as Trustee to receive said sum of money for the said Complainant, refused to undertake the same, but not William Womack one of the defendants in this Bill, and one of the children of said Nancy, or some other person, was by another order of said court substituted in the place of said Webb - and he is informed by letters from Mrs Sneed widow of the said Jonathan P. as well as by the counsel concerned in conducting said proceedings in the Court of Chancery of Mississippi that the said Thomas J. Faddis did pay off, and satisfy the said decree against him to said substituted Trustee, the utmost farthing - And Your Orator has no doubt that such was the fact. The said Faddis, was a bachelor with large fortune, had ample means to pay that amount on short notice, and as the proceedings, terminating in said decree were by consent of parties as appears of record, Your Orator had no doubt, that the said Faddis had the money then in hand & paid it, down at the first amount when he could obtain a proper voucher. He therefore charges & intends[?] to prove that said decree ( which is valid by the Laws of Mississippi, being rendered by her highest [page 6] Court of Chancery) has been paid off & satisfied. Your orator is also informed [&] believes that the said Thomas J. Faddis during the last year died, and to respresentative[sic] of his estate has qualified here, nor had he, any estate in North Carolina, at the time of death, of which your Orator has any knowledge. He is also informed & believes the said Faddis left a last will & testament devising and bequeathing his estate to the widow or children of the said Jonathan P. Sneed, who is also dead, but that a caveat has been entered to the Probate thereof by the said Nancy Womack his sister & next of kin. You Orator is advised that a satisfaction of the decree in Chancery aforesaid, by said Faddis in his lifetime is a discharge of the bond in which he, Your Orator, is surety. He is also advised that if the said Nancy Womack shall succeed in setting aside the will of the said T. J. Faddis, she will have not rights of action against him on said bond, because she will then stand in the stead of his principal, with a very ample estate to pay ten times the amount. And that if said will shall be established, ["that" x-out] this Court, by its known rules of Equity & Justice, will not permit him to be subjected to the payment of the said bond to the said Nancy Womack or her children, since they have a decree against the principal of said bond for the same demand in Mississippi where his property [page 7] is situated, and can readily obtain satisfaction if they have it not already, by reviving that decree against the personal respresentative[sic] of the said Thomas J. Faddis. But Your Orator shews that the said Nancy Womack & her children, for the fraudulent purpose of compelling him to pay a second time, what he has no doubt then have already received from the said T. J. Faddis, and for his vexation & affliction[?], have made a requisition on the Clerk & Master of this Court to which said bond is made payable, to collect from your Orator the amount of said bond, or at least the interest thereof. And the Clerk & Master has accordingly brought a suit against your Orator, [blot out] bond which is now pending in Orange County Court. All which actings & doings of the said Defendants are contrary to Equity & Good Conscience To the End therefore that all the defendants first names as aforesaid, may ["upon ???????" smeared ink] corporal oaths full, true & perfect answers make to all the allegations herein contained as fully as if the same had been repeated by interrogatories. that the said defendants by name Womack, as well as the said Clerk & Master James Webb may be forever enjoined from further prosecuting or maintaining the said at Law against your Orator as aforesaid. that the bond aforesaid may be surrendered up to [page 8] up to[sic] Your Orator & destroyed that all the aforesaid defendants may be forever enjoined from vexing or harrassing[sic] Your Orator in the premises, and that he may have such other & further relief as his case may entitle him unto. May it please your Honor to grant to your Orator Writ of Injunction restraining all further proceedings against your Orator in this behalf untill the further pleasure of this Court shall be known as well as such other process as may be necessary to compel the said defendants to appear in this court at its next term on the 2nd Monday of September then & there to answer this Bill of Complaint and to stand to abide by & perform such order & decree as your Honor shall make herein. And your Orator as in duty bound &c Will. A.Graham Sol July 24th 1843 Orange [???] James S. Smith maketh oath that all the matters of facts stated in the foregoing Bill as of his own knowledge are true, and all other facts therein stated he believes to be true also that all the defendants by name of Womack reside beyond the limits of this state Sworn & subscribed before me. July 25 1843 James Webb J Smith C & M [page 9] North Carolina The CLerk & Master in Equity for Orange County will issues an Injunction & Subpoenas as prayed for in the Bill upon Complain -ant giving Bond & security as required by law July 26th 1843 F. Nash (SSCL) [Estate Papers - Bill of Sale 14 Mar 1833] Know all men by these presents that I Nancy Faddis of the town of Hillsborough and state of North Carolina have this day for and in considderation[sic] of a bond executed this day to me by Thomas J Faddis of the town and state aforesaid and the sum of one dollar to mi[sic] in hand paid by the said Thomas J Faddis before the sealing and delivering and delivering[sic] of these presents the receipt whereof is hereby acknowledged I have given grated bargained and sold to the Said Thoms J Faddis all my right title and interest of in and to the following negroes vizt. Jim, Frank Leah Margaret, Moreah, Henry, George Kerr[?], Daniel, G[e]orge March Allen, Abner, Collen, Mary, Julia & Hellen John, Pheobe, and old Patt and for and in consider= =ation of the further sum of one dollar to me in hand paid by the said Thomas J. Faddis I have this day bargained sold and released to the said Thomas J Faddis all my right title and interest of in and to one tract of land on the south side of Enoe river in the fork of the road leading from Hillsborough to Chapel Hill & to Woodys Ferry Joining William Norwood John Weatherspoon & others also the houses and lots whereon I live in the town of Hillborough all of which were willed by my husband to me during my life In testimony whereof I have hereunto set my hand and affixed my seal this 14th day of March 1833 Test her J P Sneed Nancy (X) Faddis (seal) mark [Estate Papers - Petition Aug 1833] State of North Carolina } Court of Pleas and Quar- Orange County } ter sessions - Augst. Term 1833 To the Worshipful the Justice of said Court The Petition of Alexander H. Murphey and Eliza his wife. The said Alexander being a mister[?] and suing William Kirland his xxxx friend against Thomas J. Faddis, Nancy Faddis and Jonathan P. Sneed- Humbly sheweth unto your worships that John Faddis late of the County of Orange, departed this life about the year 182__ having first duly made and published his last will and testament according to the laws of this state - and that at the November Term of Orange County Court ["1831" x-out] 1829 -the said will was proved and is now of Record in the Clerks office and is prayed to be taken as part of this petition Your petitioners shew that in the said will the said tes- ator among others devises and legacies, amde the follow- ing (viz) "Thirdly I give and bequeath to my grand daugh= ter Eliza Womack a negro girl called Mary daughter of Frank, to her and her heirs forever but should she die without a child or children or having made a will, it is my will and desire that Mary should descend to my grand daughter, Mary Jane Womack." Your petitioners further shew that the said Thomas J. Faddis Nancy Faddis and Jonathan P. Sneed were appointed executors [page 2] in the said Will and the said Thomas J. Faddis took upon himself the execution thereof and possessed himself of all the property and effect of the said testator inclu- ding the said negro girl Mary - and that the bequest of the said Mary was assented to by the said executors - Your petitioners further shew that the said Alexander H. Murphey has married the said Eliza Woman & has thus become entitle in law to the said girl Mary and the he has frequently demanded her from the said Thomas J. Faddis in whose possession she is but he has always refused & still doth refuse to deliver her up, alleging that [quote mark x-out] your petitioner according to the said will was not entitled ["to her until" x-out] to be possessed of her un- til the death of the said Nancy Faddis. Your petitioners further shew that there is property to a greater amount, in the hand os the said Executor Thomas J. Faddis ["than is suffi" x-out] of the estate of the testator than is sufficient to pay all the debts due by the said estate - ["Your petitioners therefore pray that the" x-out] Your petitioners further shew that the said girl Mary is worth about $300- To the end therefore that the said executors may be decreed to deliver up the said negro to your petitioners and the they may have decreed to them such other and further relief as in the premises that are [page 3] entitled to in the premises - They pray your worships that a copy of this petition and a su[b]peona may issue to each of the said defendants - together with a capeas [Note 1] against the said Thomas J. Faddis to hold him to bail - requiring them to appear at the next Court of Pleas and Quarter Session to be held of the County of Orange at the Court House in Hillsborogh on the fourth Monday of November next then and there after oaths to an- swer plead or demure to the said petition or the same will be take for confesso and decreed ac- cordingly J.W. Norwood for Petitioners [page 4 - cover] Alexr H. Murphey & wife Eliza vs Thomas J. Faddis & others -- To Nov. Term 1833 Issue process according to prayer of petition filed 15th Octo. 1833 [Estate Papers - Answer to Petition Aug 1833] [note - badly faded] North Carolina } Court of Pleas & Quarter Sessions Orange County } November Term A.D. 1833 The answer of Thomas Jeff. Faddis, Exr of the last will & Testament of John Faddis Senr decd To the Petition of Alexander H. Murphey & his wife Eliza. ~~~ This defendant saving and reserving unto him= self all manner of benefit & advantage of exception to the mistakes & insufficiencies of the Petitioners Petition - for answer there= unto & to such parts thereof, as he is ad= vised it is material for him to make answer unto, answereth & saith - That he admit that his Father, John Faddis, late of the Town of Hillsboro, departed this life in the year 1829, having duly made & published, in writing his Last Will & Testa= =ment - in which were nominated as Execu= tors thereof, Nancy Faddis, Jonathan P. Sneed and this defendant - that the same was shortly thereafter admitted to probated in Orange County Court; and that his defendant thereupon, alone took upon himself there burthen of executing the same, by qualifying as Executor thereof This defendant further answer, saith, that he admits, that the last will & Testament of his said Testator, does contain a clause [page 2] of bequest to Eliza Woman who hath since inter= =married with the Petitioner Alexander H Mur= =phey ["such as stated" x-out] such as alledged[sic] in the petitioners' petition to be an extract But this defendant is advised and believes and here alledges, by way of defence among other things, that the clause of bequeath aforesd when construe with reference to the other bequests & divises[sic] in said last will & Testament contained, and the tenor thereof, and the obvious will of the Testator as indicated by the whole instrument taken together - entitles the petitioners to the possession of the Negro Girl Mary, mintioned[sic] in said clause, only upon the happening of the death of Nancy Faddis, the widow of the said Testator, and the grandmother of the petitioner Eliza - as will fully appear, it is believed, by ref= -erence to the said Will, a copy of which is hereunto appended - which is prayer may be take as part of this answer. This defendant further an= swering saith, that the said Nancy Faddis widow & relict of the said Testator is yet alive - to whom the whole of the Estate of the said Testator, both real & personal after first paying the debts due therefrom, is given in said last Will & Testament during her natural life.- This defendant farther answering [page 3] saith, that after entering on the execution of the last Will & testament of his said Testator, he ascertained, that the Estate of this Testator was largely indebted - that he hath objected one or more orders from this Court to sell slave property of the sd Estate for the purpose of paying off debts due & owing; that debts still remain due from sd Estate; and that it is entirely uncertain, Whether the Whole personal Estate of his said Testator, which hath come to the possession of this defendant, will be sufficient to discharge the amount of debt, now due & owing from sd Estate. - This defendant farther answering saith, that it is not true as alleged in petitioners Petition, that the Petitioner Alexander H. Murphey had frequently demanded of this defendant, the negro Girl in question, & for which sd. petition purpose to have been filed, - but on the contrary, he alleges that said Murphey never did demand of him, the said slave,- and he doth deny the farther charge in said petition contained, that his defendant assented to the bequest of the said slave to the Petitioners, in the manner and form as therein state. - Wherefore the defendant prays to be hence dismissed with his reasonable costs in ths behalf sustained. D.H. Mangum Atto: for Deft [page 5] Thomas Jeff: Faddis maketh oath, that the matters and things, stated, in his answer to the Petition of Alexander H. Murphey & his wife Eliza, as of his own knowledge, are true and the rest he believes to be true. - Sworn to before me Thomas Jeff 25 Oct 1833 J. Taylor CC [Estate Papers - Affidavit] Alexander Murphey & Wife } vs Thos. J. Faddis Esr. } Stephen Moore of lawful age being Sworn Saith that he knows Mary the eldest daughter of Frank of the Estate John Faddis decd., who was will my John Faddis decd to Eliza his Grand daughter that had think her worth $450. at least ["Frank Child"? x-out] Sworn to by 17 Febry. 1835 Stephen Moore J. Taylor CC William Horton of lawful age being Sworn Saith the he knows Mary a Mulatto Girl willed to Elizabeth Womack by her Grand father John Faddis decd. about the age of 13 or 14 yrs. shoe is likely & healthy and is worth $450 Sworn to 17th Febry. Wm. Horton J. Taylor CC Robert Pleasant of lawful age being Sworn Saith the he knows Mary a Mulatto Girl will to Elizabeth Womack by her Grand father John Faddis dec. about the age of 13 or 14 years that she is very likely well grown health & smart and is worth $430 at least. Sworn to 17th Feb. 1835 State of North Carolina } Orange County } In the Case of Alex. H. Murphey & wife agst Thomas J. Faddis & others pending in the Court of Pleas & Quarter Session of said County I have taken the proofs stated above and find that the Slave mentioned in the petition of the petitioners to be of the Value of $450. which is submitted J Taylor CC 17 Feb 1835 [Estate Papers - Affidavit] State of North Carolina Personally appeared before me John Taylor Clerk of Orange County Court of Pleas & Quarter Sessions Doctor Victor M. Murphey of lawful age & made Oath upon the holy Evangelists of Almighty God that he is well acquainted with a Mulatto Girl called Mary about the age of twelve or thirteen years, that was willed by John Faddis late of the Town of Hillsborough County & State aforesaid to his Grand Daughter Eliza Womack now Eliza Murphey Wife of Alexr. Murphey, that he believes the said Mulatto Girl Mary is of the Value of about three hundred dollars as Negroes now sell - & further he sayeth not --- 15th Octo. 1833 Sworn to before me J Taylor CC V. M. Murphey [Estate Papers - Court Decision] A. H. Murphy & Wife } vs. } Petition Thos. J. Faddis & others } This case coming on to be heard upon the petition the answers & exhibits & Evidence file report of the Clerk & the other interlocutory Orders & xxxxxx ? ["It is" x-out] argument of Counsel on both Sides being heard It is considered by the Court that the right of the Negro Mary sued for, by the Will of of John Faddis decd. vested in Nancy Faddis his Widow for life That the Petitioners take no present Interest in possession & entitled only to remainder after the death of said Widow It is therefore adjudged & deemed by the Court that the petition be dismissed with Costs.