Orange County NcArchives Wills.....Freeman, Tabitha September 13, 1781 ************************************************ 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 13, 1781 Recorded: Nov 1812 Testator: Tabitha Freeman Warrenton 24 October 1812 Sir, In compliance with the request of Your letter of the 10th September which I have this Day received, I herewith transmit you an authenticated Copy of the last Will and Testament of Tabitha Freeman Decd and am yours &c Wm. Green CCC Mr A B Bruce "In the name of God Amen, I Tabitha Freeman of the State "of North Carolina and Warren County being very low and i[n]firm of body but of perfect mind and memory & being desirous of disposing of part of the profits of my late Husbands Estate bequeathed to me in his last Will and Testament bearing date the thirtieth day of September in the year of our Lord One thousand Seven hundred and Eighty one do make and publish this my last Will and Testament in manner and form following that is to say I Give to my Daughter Mary Daugharty One hundred Pounds Virg. Money to her and her Heirs forever I Give to my [Grand] Daughter Mary Burk One hundred Pounds Virg~ Money to her and her Heirs forever but should She die Single and without issue then her part to go to her Mother Mary Daugharty and her Heirs forever. I Give to my Grand Daughter Frances McKirol two hundred Pounds Virginia Money to her and her Heirs forever. I do also appoint these several sums of money shall be paid out of the hire of the Negroes belonging to my Husband's William Freemans Estate which are and have been in my son Robert's possession from the year One thousand Seven hundred and Ninety until this time & also for the Hire that may accrue from this time until my Death. I also appoint the Interest of the money which my son Robert recd. for a negro Man ["named" x-out] called [page 2] Call'd[sic] Moses belonging to the Estate of my said Husband to which I am entitled by the said Will & of which I have not received any part for the payment of these Legacies herein bequeathed I also appropriate for the further payment of these Legacies Sixty Pounds Virginia Money which I paid for the Taxes of Property in Norfolk I do nominate and appoint Mary Daugharty and Frances McKirol my Executrix to Car[r]y this my Will into effect Ackd. 15th February 1794 Signed Sealed and } Delivered in the presence } Tabitha Freeman (seal) of Frances Child, Jurat W. Nash " Warren County May Court 1787 This last Will and Testament of Tabitha Freeman Decd. was proved by the oath of Frances Child one of the subscribing Witnesses and Ordered to be Recorded. Whereupon letters Testamentary was granted to Nancy[sic] Daugharty Exx. and Abner Bruce Exr. in right of his Wife Frances McKirol who qualified accordingly Test M Duke Johnson CC" State of North Carolina } Warren County } [wax Seal] I Wm Green Clerk of the County Court aforesaid do hereby certify the above to be a true Copy from the Records in my Office. In testimony whereof I have hereto set my hand as Clerk aforesaid & affixed my seal of Office this 24th October 1812 Wm, Green CCC [page 3 - outside of will] filed 3 November 1812 Additional Comments: Not found in Orange County Will Books, was probated in Warren County, NC. This estate, etc. is closely related to that of Tabitha's husband, William Freeman. Recorded Nov 1812 Estate Papers comprise 849[sic] pages and are found in folder labeled "Freeman, William & Tabbitha (1818)". Includes personal letters between the various parties, depositions, multiple (handwritten) copies of various documents, it appears multiple photographic copies of several of the same originals. William Freeman died in December 1781 or 30 September 1780 Mary Dagharty named spelled Mary Doherty in papers. granddaughter Frances McKerral married Abner Benton Bruce Robert Freeman (son of Tabitha) married Sally, daughter of Capt William Green, April 1793, 11th or 12th. William Freeman died 30 Sep 1780 Tabitha Freeman died 24 September 1796. William Freeman owned 1396 acres in Bertie County which Robert sold 8 Mar 1788, buying a plantation in Warren County of 606 acres (for $6,666) and another of 270 acres for £770 Virginia Money(2 Sep 1790). This resulted in a net income of $1,432.66. In addition the lands in Norfolk sold for £435 Virginia Money. This family also owned land in Norfolk, Virginia, Warren County, and Orange County. Frances Child was the wife of Francis Child? William Freeman's son John Freeman was lost at sea and never returned. The slave Esther is sometimes referred to as "Hester" Many general references to slaves. Moses mentioned by name was to be sold, per William Freeman's will. He was sold for £90 or £100 Virginia Money (listed variously) to Jeremiah Mitchell. Around 1790, the Warren plantation employed "16 Slaves 10 of which were prime working hands." The name of "Jubilaro" or "Jubilo" is a slave mentioned by name in the papers, purchased with the money that came from selling Moses. "That the present [Clerk &] Master hath not charged the defendts Mother with annually a Slave belonging to Defendt at her death; and which she gave away or disposed of in her lifetime to Frances McKerall now the complainant Mrs Bruce, or otherwise claimed or converted to her use; which the same Master ought to have done. ~~ Remark there is no proof of any such gift or transfer; the girl Annaka was very small and died before the Testatrix; and if Defendt claims or had title to her; he is Indebted to Abner B. Bruce for her maintainance[sic], attendance in sickness & burial expenses "...Negroes for several Years before and after that time [1791] [were] worth the following prices (Viz) Scilla, twelve pounds pr. Annum, Sandy Sr. twenty five pounds pr. Annum, Sandy Junr. twenty pounds pr. Annum Davy twenty five pounds pr. Annum, Bill twenty five pounds pr Annum, Bobb fifteen pounds pr Annum, Jack twenty pounds pr. Annum, Abb eight pounds pr. Annum, Esther twelve pounds pr. Annum" [Estate Papers - Petition concerning Rachel a Mulatto] In the matter of Rachel a mulatto woman Billy her son, and Sukey her daughter mulattos formerly the property of William Freeman late of Bertie County deceased on the Petition of Frances Child Widow and Mary } Doherty Widow children and } Petitioners Representatives of the said William } Freeman deceased ------------ } vs Robert Freeman Defendant On hearing the Petition of the said Frances and Mary praying that the said Rachel Billy and Sukey now reside in this County of Orange formerly slave of the said William Freeman deceased be set free [x-out, mostly illegible] [x-out] It being duly proved and made appear to the satisfaction of the Court that the said mulatto woman Rachel mother of the said mulatto children Billy & Sukey had performed meritorious services to her master the said William Freeman deceased, and that he had in consequence thereof left her and all her children free and clear from bondage and slavery for ever by his last Will and Testament duly Executed & proved And the said Rachel being identified by proof and the said Billey & Sukey shewn to be her children and thereby entitled to their Freedom - And Robert Freeman son of the said William deceased and Executor of his the said Williams last Will and Testament have been duly served with a Copy of this Petition and having appeared thereto by his Counsel and having failed to answer thereto the same was heretofore take pro confeso and appointed to be heard Ex parte at this Term and the said Robert now also failing to put in his answer or shew any cause - It is ordered adjudged and decreed by this Court here that the said ["Rachel" x-out] Mulatto woman Rachel hath performed meritorious services towards her Master the said William Freeman - and that she the said Rachel and her children the said Billey and Sukey be set free and liberated from all Bondage and Slavery whatsoever and they and each of them are licensed by this Court to go at large as free Persons with all the Right and privileges belonging to free persons of Colour and that they shall be [page 2] known by the name of Rachel Joel, Billy Joel, and Sukey Joel - and that the Defendant Robert Freeman pay the full Costs of this suit [Estate Papers - Petition for Freedom of Rachel Billy & Suckey Mulattoes May 1799] Orange County Court of Pleas and Quarter Session May Term 1799 To the Worshippfull The Justices of the Court aforesaid The Petition of Frances Child, Widow, and Mary Doherty, widow, Daughters and Representatives of William Freeman late of Bertie County, deceased --- Humbly Sheweth, That William Freeman heretofore of Bertie County, departed this life some time in or about the month of December that was in the year one thousand, seven Hundred and eighty one; having previous to his death made and Published his last will and Testament in writing; and thereof appoint Tabitha Freeman (his wife) Robert Freeman (his Son) and Noah Hinton, Executors: --- That Tabitha Freeman is since deceased, and Robert Freeman is now the only acting Executor of the said Will --- Your Petitioners further shew that a Mullato woman named Rachel formerly a Slave of the said William Freeman in his lifetime, had performed towards and for him services highly meritorious, during the period of the late [page 2] war, more particularly at one time, in saving for the said William and safely delivering to him through many perils and temptations, a Box containing a large sum of Money the property of the said William - which she had secured during the Conflagrations of the Town of Norfolk, when set on fire by Order of lord Dunmore - by means of the saving of which Money the said William was enabled to purchase the land on which he afterward lived in the state of North Carolina --- And your Petitioners shew that in gratefull [remembrance] of services so valuable, the said William on his death bed - in his Will aforesaid - Bequeathed as follows, Viz., "Item I give and bequeath unto my "Mulatto woman Rachel, and all "her Children their Freedoms to be "free and clear from Bondage and "Slavery for ever--- And your Petitioners shew, that the said Rachel hath ["two" x-out] three Children, some lately emancipated by this Court, and Billy a Mulatto Boy and Sukey a Mulatto Girl; and that the said Rachel ["and" x-out] Billy and Suckey are entitled to their liberty and aught[sic] to be free ["as Both your Petitioners" x-out] and are now in the County of Orange within the [page 3] Jurisdiction of this Court; But your Petitioners State that the said Robert Freeman, not performing his duty as Executor of the last Will of his deceased Father in a faithfull manner, but neglecting and altogether failing so to do, although he acknowledges the right of the said Rachel ["and" x-out] Billy & Suckey to be free, refuses to them enjoy their liberty, which is contrary to the will of his said Father &c Equity and good Conscience --- And your Petitioners say that they feel it incumbent on them, that the Children of the said William, to demand that the meritorious services of the said Rachel may be com= =pensated according to the Just and bene= =volent wish and desire of their said Father. - And pray that this worshippfull Court by virtue of the power vested in them by the several act of the General Assembly in such case made and provided, may adjudge the said Rachel ["and" x-out] Billy Suckey to be free; to grant them a license to that effect; and to do such other acts and things as may be necessary to establish them in their rights &c Duffy } & } for Petrs. Norwood } [Note: A second, nearly identical version of this petition was submitted the year before, i.e. May Term 1798, additionally lists the third child of Rachel, who by this time is described as "a Mulatto Man named Sam, now of the County [of Orange]] [Estate Papers - Depositions 7 Aug 1801] State of North Carolina } Orange County } &c In pursuance of a Commission which is hereunto annexed issuing from the Court of Equity for Hillsborough District directed to us two of the Justices of the Peace in and for Orange County aforesaid and authorising us to take the Testimony of certain persons to be read in evidence in a certain suit in said Court depending between Mary Doherty & others Complainants & Robert Freemand[sic] defendant --- We have cause to come before us at the house of John Faddis tavern keeper in the Town of Hillsborough this Saturday the 7th day of August 1801- John McKerall of Orange County planter of lawful age a witness produced on the part of the complainants, Abner B, Bruce attending on the part of the complainants and no one on the part of the Defendant and the said John McKerall being duly cautioned sworn and examined touch what he may know respecting the said controversy Deposeth and saith as follows (Viz) that in the latter part of the year 1793 as well as he recollects his Grand Mother Tabitha Freeman came up to Hillborough on a visit to her Daughter France Children the mother of the Deponant[sic], and while she remained there was in her perfect sense at all times and as well in health as she generally was, she being an aged woman and somewhat infirm --- that during this visit she came to a resolution of making her will frequently complaining that her Son Robert Freeman had treated her with harshness. that she was entitled to all the property his father left during her life and notwithstanding this her said Son had taken every thing into his own possession and scarcely granted her with a reluctant hand the com[m]on necessaries of life --- And Deponant saith having come to this resolution and being in her perfect senses and not confined with sickness - she the said Tabitha sent this Deponant for Mr. William Nash with a request that he would come to the said Tabitha and draw her Will - and Deponant saith he carried said messuage[sic] to Mr. Nash - and in consequence thereof he (Mr. Nash) [page 2] waited on Mrs. Freeman and as deponant has been informed and verily believes then drew her last Will and testament, and deponant saith that he has heard his Grandmother the said Tabitha say before making the said Will that since she was not permit[t]ed to enjoy her property while she lived by means of the improper conduct of her Son she would at least take care to leave it out of his power after her death. Deponant further saith that previous to the time above mentioned (towit) in or about the winter of 1791 he went to live with the said Robert Freeman at the plantation in Warren County and deponant staid[sic] there about three or four months, that during that time the said Robert Freeman acted as sole master of the land house & property consulted no body about his conduct or his management, sold and disposed of whatever he thought proper, and not only appeared to be the owner in fact of every thing, but seemed desirous that every body else his mother not excepted should so consider him --- In this time Deponant saith that the said Robert employed him to make sale of a parcel of Hoggs at Petersburg which the said Robert had cause to be driver there under deponants care amount= =ing in number to between thirty and a hundred Deponant not knowing at this time the precise number and deponant saith these Hogs were raised on the said Warren plantation and by the Will of William Freeman the father of the said Robert belonged as deponant understands and believes to the said Tabitha -- Yet when the Hogs were sold by deponant at Petersburg and he returned to Warren with the money, the said Robert claimed and received from deponant the whole of the money proceeding from that sale amounting to about two hundred Dollars. and at that time deponant saith that the said Tabitha complained of the conduct of her Son the said Robert saying it was extremely hard that while all the pro= [page 3] property of her deceased husband belonged to her during her life she could not command any part of it. while her Son arrogated to himself the whole ownership and disposal of it, she said also at that time that all she had received from her Son during the time she had resided on the warren plantation was two stuff Gowns & money not exceeding five or Six dollars --- and deponant saith that the said Robert paid for a tract of land which he bought in his own right from James Johnson in Warren County in part by this money produced by Sale of said Hogs - deponant further said that he has heard said Robert & Tabitha in conversation together on the subject of the property which she claimed by her late husbands Will in which conversation the said Tabitha complained that she did not receive what belonged to her, but that he Robert acted as owner and absolute proprietor of the whole, to which the said Robert answered that she lived as well as any body in the County and therefore had no right to complain, but the said Tabitha replied that her mere living was not the thing, she had a right to property which was kept from her while he appeared to be owner of every thing not she and deponant said that he knows of his own knowledge that the said Robert did dispose of all the property which he sold during the time Deponant lived with him as his own and in his own name, and did not act as if he was accountable to any one for it, particularly that in this manner he sold and disposed of the Port above mention= =ed, and also of Tobacco to the amount of Eight Hogsheads or thereabouts - And deponant said that after his return from Petersburg in care of the said drive of Hogs the said Robert told him that in his absence he had been very industrious in [page 4] Manufacturing Flour at the Mill on said Warren plantation and had sold a considerable quantity --- further deponant saith he well knows that the said Robert made a great quantity of Brandy from the Orchards of the plantation, and that while deponant lived there, there was no brandy used of consumed but that which was the product of said plantation, And deponant saith he verily believes that no brandy was ever drank there but what was raised on the plantation, at least if there were it must have been without necessity -- further deponant saith that the said Robert while deponant lived with him was fond of society and entertained much company at great expense ---- Deponant further saith he has heard the said Robert Freeman say he had sold landed property in Virginia belonging to his late father during the said Tabitha's life time to the amount of between four & five hundred pounds Virginia money or there abouts. And he has heard that said Tabitha say she never received a fathing on that account -- Deponant further saith that while he lived on said plantation, there were there the following Slaves (Viz) Scilla, Sandy Senior, Sandy junr, Davy Bill, Bobb, Jack, Abb & Esther all these were prime young Negroes full grown besides these there were some children whoes[sic] names or number Deponant does not recollect - all the property of William Freeman as the said Robert hath frequently acknowledged to this deponant declaring that the said Negroes were his after the death of his mother --- there were also of the said Estate living on the said plantation at that time the Negroes Nell and her children in number 3 or 4 (three or four) Deponant does not recollect which - And deponant saith the Children of Nell after the death of said Tabitha came to the possession of Mary Doherty the complainant as he is informed & believes, they together with their Mother Nell being left by William [page 5] William[sic] Freemans Will to said Mary Doherty -- Deponant further saith that the said Robert purchased after his father[s] death and during his mothers lifetime a Negroe man called Jubilo, and another named Sharper, for which negroes the deponant believes the said Robert paid out of the product of his mothers Estate, for deponant saith the truth is that the said Robert had no property in possession at the time of his fathers death, and what he got afterwards was as Deponant believe his mothers by right as long as she lived. and further this Deponant saith not. The Deponant being then Asked by the commissioners before whom this Deposition was taken where he knew any thing relating to this Contrary on the part of either the of Complainants or the Defendant further than what he had declared he answered --- Answers I do not recollect any thing more of this matter in dispute than what I have declared herein ~~~ ~~~ [page 6] The Deposition of Mrs France Child take in a suit depending in Hillsborough Superior Court of Equity in which Mary Doherty & others are Complainants & Robert Freeman Defendant - at the Tavern of John Faddes in the Town of Hillborough on Saturday the Seveth day of August A.D. 1801 ------ The deponant Frances Child having been first duly sworn on the holy Evangelists of Almighty God deposeth and saith that sometime in the month of _____________________ in the year one thousand Seven hundred & ninety three Mrs Tabitha Freeman the mother of this Deponant came to Hillsborough and after being there for some time expressed her intention of making her last Will and Testament, that she accordingly sent for Mr. William Nash an Attorney at Law to draw her Will, that Mr Nash came to the house of this Deponant where Mrs Freeman then was and after they had had some conversation on the subject and Mr Nash had received her instructions he commit[t]ed the Will to writing in her Mrs Freemans presence who sat by and occasionally sug= =gested to him what she wished to be inserted therein, and when the Will was drawn Mrs Freeman read it over herself & then Signed Sealed pronounced and declared the same to be her last Will and Testament in presence of this Deponant who together with the said William Nash at the request of Mrs Freeman subscribed their names as witnesses thereto.--- Deponant further States that she was continually in the room with Mrs. Freeman & Mr Nash while the latter was writing the said last Will and Testament and that the same was finished and compleated[sic] in the presence of this deponant & she verily believes that the said Mrs Freeman was at the time of giving instructions to Mr Nash respecting the draught of her Will and at the time of publishing & declaring the said last Will & Testament of sound & disposing mind and memory & this Deponant is strengthened and confirmed in this belief from the said last [page 7] Will and Testament being made to the purport & effect to which Mrs Freeman oftentime before the making of it. -- assured this deponant she intended & would make it ~~ Deponant further States that she found among the papers of her deceased Husband Mr. Francis Child a Bond Executed by Robert Freeman to said Mrs Tabitha Freeman for the purpose as the deponant believes of securing to said Mrs. Tabitha Freeman an interest in a certain tract of land which said Robert Freeman was about the purchase & did in fact purchase with the money arising from the Sale of the plantation which was devised to Mrs Freeman by her deceased husband lying in Bertie County and which said Robert Freeman by consent of his mother said Tabitha sold to the late Colo. Whitmill Hill for the Sum of Two thousand pounds Virginia money as deponant believes ------ Deponant doth not now recollect but verily believes that the penalty which he the said Robert Freeman by said Bond was to incur in the event of his hot taking such a Deed from the person of whom he purchased the lands in Warren County, as would secure Mrs Freeman as Interest therein was at least the Sum of five hundred pounds Virginia Currency. Deponant well recollects the Signature of Robert Freeman to said Bond, and that is was in the Defendant own proper hand writing --- and that after keeping said Bond in her possession for some time she delivered it over to Mrs Freeman since which this Deponant hath not seen it ---- [page 8] The Deposition of Mrs Eliza Estes taken in a suit depending in Hillsborough Superior Court of Equity in which Mary Doherty & others are Complainants & Robert Freeman defendant taken at the Tavern of John Faddes in the Town of Hillsborough on Saturday the Seventh day [of] August AD 1801 -- This Deponant having been duly sworn on the holy Evangelists of Almighty God deposeth and saith that she well recollects the time that Mr William Nash was sent for to write the last Will and Testament of Mrs Tabitha Freeman then in Hillsborough and that she this Deponant about that time was frequently in company with Mrs Freeman who always appeared to this Deponant to be in the perfect enjoyment of her understanding &c from the knowledge this Deponant had of Mrs Freeman she has no reason to doubt her sanity & further this Deponant saith not -------- [page 9] State of North Carolina } Orange County } &c These may certify that on Saturday the second[sic] day of August AD 1801 ~~~ at the Tavern of John Faddes in the Town of Hillsborough came before us ___________________ __________________ the Commissioners named in the Commission hereunto annexed and in our presence that said John McKerall Eliza Estes & Frances Child several signed the respective Depositions hereunto annexed and made Oath that the facts therein stated are true to the best of their knowledge ---- Given under our hands & Seals 7th day of August Anno Domini 1801 ~~~~~~~~ [Estate Papers - A Letter Mentioning Slaves 26 Sep 1795] Dear Sister Your letter of Augt 19th I have received, in which you say that you wrote me in July but never recv'd an ansr. I do not know whether you ever have rec'd my letter in ansr. to yours of July but certain it is that I have always made a rule to ansr. all letters I receive/ Jim was taken this week [???] committed to Goal[gaol, aka prison], before He was taken by the assistant of one of our Negroes He killed avery[sic] large Hogg belonging to M D Johnson, which on being discovered the fellow belonging to us ran away with the other, & while they were both together done a great deal of mischief & it was not until yesterday that our Negroe was taken. They have both been sever[e]ly punished and I have sold mine to get rid of [????] trouble ---- Jim says be brought hr. Horse to this County, but I have not heard any thing of him as yet I shall make all necessary inquiry respecting him, your other Horse still remaining here in good order, & before the grass is entirely gone I wish you would send for him. I shall make scarcely enough to keep my Stock the winter out or otherwise [page 2] He might continue here the gust was very fatal with especially to our Crops of corn, my Mother tills me you wish to sell the Horse here but Horses of his age will not sell but for little or nothing so that I wou'd[would] advise you to keep him --- Wee are all in good Health here & it is our wishes it may be the case with yr. Family I am sincerely yrs. Robt. Freeman 26 Sep 1795 [Estate Papers - A Letter Mentioning Slaves 26 Sep 1795] Madam But a few day before this I wrote you respecting yr. property here, since which a man by the name of Dixon with a waggon arrive for the purpose of receiving them a I am informed by Mr. Hall, I delivered Nell and three of Her Children to Dixon the same day he got hire which was yesterday, in the night I suppose from Dixon and but a little before day Nell was missing Her youngest child is at the Breast I am doubtfull it will suffer on the road, this morning I have delivered Nancy, I am really distressed for the youngest child, no person wou'd have supposed that she was the least against going for she made every preparation for starting early this morning if she comes in, I shall put Her in Goal, & write you ~~~ You will know that they must have been expensive to me, & that some compensation is necessary & I have since yr. mothers death pd. 6 dollars out of yr. Horse money to M wife for them, the Ballance 4 dollars is not worth their clothing much less the provisions, whenever you send for Nell send me 6 dollars which is very moderate and I shall be content therewith. B if you think that I aught to have nothing point out two yrs. gentn, in Warrenton & I am Robt. Freeman will to abide by the determination 25th Janry. 1787 [page 2 - Cover] Mrs Mary Doherty near Jno. Dixon Hillsborough [Estate Papers - A Letter Mentioning Slaves 28 May 1797] Dear Madam . Warrenton May 28th 97 I saw your Brother yesterday he informs me that your mothers cloathes are ready for you & have been a con: =siderable time and that he would be very glad if you would take them away. He also gave me in writing a descrip: =tion of Nell & fore greater Security in getting her I will send an Advertisement to Mr Hodge the Printer by next Post He says He dont believe She is in this neighbourhood but is either in Halifax or Bertie the place She last came from I am with Respect yours &c NB Mr. Freeman requested that J Hall I would write to you res: =pecting the Cloaths J.H [Estate Papers - Injunction Bill by Robert Freeman filed 17 Apr 1798] To the honorable the Justices of the ["Superior" corss-out] Court ["of Law and" x-out]of Equity for the district of Hillsborough Humbly Complaining showeth unto your honors you Orator Robert ~~~~~ Freeman of Warren County Gentleman That Tabitha Freeman late of Warren aforsaid deceased was in her life time possessed of and entitled to the use of an ~~~~ Estate real and personal under and by virtue of the Will of her husband William Freeman also deceased for her natural life with a remainder ["the Complainant" x-out] your Orator and his heirs fore ever Expectant on the death of the said Tabitha That the said Tabitha died so possessed but some short time before her death she went on a visit to Mary Doherty of Orange County Widow and to Frances Child of Hillsborough in the said County widow and while she was at the said Frances Child's in Hillsborough aforesaid being very low in health and extremely weak both in body and mind they the said Mary Doherty and Frances Child sent ~~~~~ for William Nash Esquire an Attorney at law to draw and prepare the said ~~~~ Tabitha's Will and the said attorney accordingly attended and being furnished with pen ink and paper took instructions from the said Mary Dougherty and the said Frances Child for drawing the same will and the said Mary ~~~ Dougherty and Frances Child dictated to the said attorney what legacies should be given and how and in what manner provision should be made for their payment and according to the instructions so given by the said Mary ~~~ Dougherty and Frances Child and as they dictate, the said attorney drew and prepared the said Will but the said Tabitha Freeman often declared her ~~~ dissent to the legacies and provisions do dictated and that her son ["the Complainant" x-out] your Orator had behaved in the most dutiful manner towards her and that she would not for the world do any act to his prejudice and that such legacies would ~~~ injure him That the said Tabitha never willed any ["such" x-out] of the said ~~~ legacies or provisions neither did she give any instructions for the same nor dictated them or any of them nor were they agreeable to her mind but the said Mary Dougherty and Frances Child by the most earnest importunities and pressing sollicitations[sic] and by undue and improper practices made and used by them to ["the said" x-out] ~~~ and upon the said Tabitha on that occasion, at length so far overcame the said Tabitha as to induce her, against her own will and inclination to sign the will so drawn and prepared from the instructions and dictate of the said Mary ~~~ (1) [page 2] Dougherty and Frances Child by the attorney as aforesaid and which will is in the words and figures or to the effect following (that is to say) " "In the name of "God Amen I Tabitha Freeman of the State of North Carolina and Warren County "being very low and infirm of body but of perfect mind and memory and being desirous of "disposing of part of the profits of my late husbands Estate bequeathed to me in his "last Will and Testament bearing date the thirtieth day of September in the year of our "Lord One thousand Seven hundred and eighty one do make and publish this my "last Will and testament in manner and form following (that is to say) I give "to my daughter Mary Dougherty one hundred pounds Virginia Money to her & her "heirs forever. I give to my Grand Daughter Mary Burke one hundred ~~~ "pounds Virginia Money to her and her heirs for ever but should she die ~~ "Single and without issue then her part to go to her mother Mary Dougherty & "her heirs for ever I give to my Grand daughter Frances McKeral two ~~~ "hundred pounds Virginia Money to her and her heirs for ever I do also "appoint these several sums of money shall be paid out of the hire of the ~~~ "negroes belonging to my husbands William Freeman's Estate which are and have "been in my son Robert's possession from the year one thousand seven hundred "and ninety untill this time and also for the hire that may accrue from this time "till my death. I also appoint the Intst. of the money which my son Robert recd. "for a negro man called Moses belonging to the Estate of my said husband to "which I am entitled by the said Will & of which I have not recd. any part "for the payment of these legacies herein bequeathed I also appropriate for the "further payt. of these legacies sixty pounds Virginia Money which I paid for the taxes of property in Norfolk I do nominate and appoint Mary "Daugherty and Frances McKeral my Executrix to carry this my Will into "effect - Tabitha Freeman (seal) Signed sealed and deld. in the presence "of Frances Child, W. Nash" And your orator further showeth that the ~~~ said Tabitha Freeman was at the time of her so signing the said Will very uneasy distressed and unhappy in her mind and her Mind was at the time so ruffled and disturbed (by the undue and improper influence exerted over her by the said Mary Dougherty and Frances Child her daughter and by and through their pressing sollicitations ["and" x-out] earnest and undue and improper practices then made and used to and upon her as aforesaid importunities) as to deprive her in a great measure of that calmness and soundness of mind which is necessary on such an occasion and ~~~ (2) [page 3] thereby so far get the better of her own will and inclination as to compel her against the same to sign the said Will when in truth she did not want to make any will, and would not have signed any but by and through the undue influence importunities ["and" x-out] sollicitations[sic] and improper practices of her daughters the said Mary Dougherty and Frances Child as aforesaid That soon afterwards the said Tabitha died (to wit) on or about the 24th day of September in the year of our Lord One thousand seven hundred and ninety ["seven" x-out] six and the said Will appears to have been proven by the oath of the said Frances Child in Warren County ~~ Court in or about May ["term" x-out] in the ["same" x-out] following year ~~~~~~~~~~~ and Letters Testamentary granted to the said Mary Dougherty and Abner Benton Bruce the name and addition of Abner Bruce Executor in right of his said wife Frances who then qualified That ["the Complainant" x-out] your Orator has no notice of any such will till after the same was proved and even then did not know the circumstances above related with regard to the making thereof which circumstances never came to the knowledge of the Complainant[sic] [your Orator] till on or ~~ about the twelfth day of April one thousand seven hundred and ninety eight when the Complainant[sic] [[your Orator] conversing with the attorney who drew the said will was informed of the circumstances accompanying the drawing [of] the same and signing thereof as aforesaid That ["the Complainant" x-out] your Orator became entitled to the said real and personal estate of the said William Freeman deceased after the death of the said Tabitha (John Freeman named in the said William Freemans said Will having been lost at sea and never returned) and well hoped he should have possessed and enjoyed the same without any claim or demand whatsoever of the said Mary Dougherty Abner Benton Bruce and Frances his wife and Mary Burk or any or either of them as in justice and Equity he out to have done BUT NOW SO IT IS may it please your honors that the said Mary Dougherty and Abner Benton Bruce and Frances his wife combining and confederating themselves together and to and with Mary Burk of Orange County Spinster an infant under the age of twenty one years (to wit) ["about" x-out] the age of fifteen ++ years or thereabouts and to and with devious[?] other persons at present unknown to your Orator whose names when discovered your Orator prays may be inserted herein with apt word to charge them as Defendants and contriving how to injure and defraud your orator in the premises they the said Mary Dougherty Abner Benton Bruce and Frances his wife and the said Mary Burk or some or one of them set up some Claim Right or ~~ Interest in to or out of the same real and personal Estate sometimes pretending that the said Tabitha duly made and published the said Will and that she was of sound and disposing mind memory and understanding at the time she made the same and that she had a desire of disposing of the profits of her then (3) [page 4] late husband's Estate bequeathed in ["her" x-out] his Will or of part thereof and that the said Will pretended to have been made by the said Tabitha was duly drawn and prepared from instructions give by herself and that seeveral legacies and provisions contained therein were dictated by her and that the ["said" x-out] same writing contained her last Will and Testment WHEREAS you ["the Complainant" x-out] orator charges the contrary to be ture and that she did not duly make and publish any will and died Intestate and that she was not of sound and disposing mind memory and understanding at the time that it is pretended that she made the said Will and that she had not any desire of making any disposition wha[t]soever and that she herself though she had nothing to dispose of but that what she possessed would at her death belong to your Orator and thus the same will was not drawn or prepared from any instructions given by her but from instructions given by the said Mary Dougherty and Frances Child or one of them against her will and inclination and without her consent and without her having at the time it was so prepared a mind to make any disposition and that the several legacies and provisions contained in the said pretended will were not dictated by the said Tabitha but by the said Mary Dogherty and Frances Child or one of them without the said Tabitha's being minded or desirous to make the same and against her consent and that the writing so signed by the said Tabitha ["purporting" x-out] to be her will does not contain her will but was made by and contained the will of the said Mary Dougherty or one of them and was drawn prepared and signed in the manner and by and thro' the undue Influence importunities sollicitations and improper [proceeds?] as to the said Tabitha's [desires?] and your Orator further charges that the said defendants sometimes pretend that your orator has possessed himself of some personal Estate which was of the said Tabitha's at her death or was indebted to her at the time of her death for the hire of ~~~ some negroes and for interest of some money and otherwise And the said Mary Dougherty and Abner Benton Bruce pretending to be Executors of the said Tabitha have commenced an action at law against your Orator in the Superior Court of law for Hillsborough District to recover the same - ~~~ WHEREAS your Orator never possessed himself of any personal estate whatsoever which was of the said Tabitha at her death and your Orator did not at her death owe her any thing in any manner whatsoever but hath paid one or ~~~ more debts of the said late William Freeman and interest which ought to have been paid by the said Tabitha and the said Mary Burk claims some right or interest under or by virtue of the said pretended Will of the said Tabitha. ALL WHICH actings doings and pretenses of the said confederates and contrary to equity and good conscience and tend to the great injury of you (4) [page 5] Orator in tender consideration whereof and for as much as matters of this nature are most properly cognisable[sic] and relievable in a Court of Equity TO THE END therefore that the said Mary Dougherty Abner Benton Bruce and Frances his wife and the said Mary Burk my upon their several corporal oaths tend and perfect answer make to all and singular the promises as fully and particularly as if the same were here again repeated and interrogated And more especially whether such or any other and what Instructions were not given for the said ~~~ pretended Will and the same was not dictated by the persons at the place on the occasion and in the manner herein before mentioned or by any other persons or person and whom by name or on any other and what occasion or in any other manner and have in particular? And whether the said pretended Will of the said Tabitha was not drawn and prepared by the person hereinbefore in that behalf ~~ named or any other person and whom by name? And whether the said Tabitha at time it is pretended she made the same ["or when else" x-out] was not very low in health and extremely weak both in body and mind or how otherwise? And whether the said Tabitha did not make such ++ Declarations as hereinbefore in that behalf mentioned or any other and what Declarations and in whose presence? And whether the said Tabitha was not unduly and in that manner hereinbefore mentioned influenced to sign the said pretended Will as hereinbefore stated or how otherwise? And whether she the said Tabitha ever gave any ++ ++ Instructions or Instruction for, or in any manner dictate, the said pretended Will, ["or how" x-out] And if it be pretended that she did so, then that the said Confederates may set forth in particular what their Instructions were and what ["it" x-out] was dictated by her on that occasion? And that all the said Confederates may answer and set forth what Right and Interest they claim or sett up against your Orator respecting the matters aforesaid And how they make out the same and all the particulars ++ thereof And that the said pretended will of the said Tabitha proved as aforesaid in the County Court of Warren may be set aside and declared null and void and that the said Mary Dougherty and Abner Benton Bruce and Frances his wife may be injoined[sic] in the mean time from all further and other proceedings at law and in the said action against your Orator and that your orator may have such further and other relief in the ~~ (5) [page 6] premises as to your honors shall seem most meet May it please your honrs to grant unto your Orator not only a write of Injunction issuing out of and under the seat of this honorable court to be directed to the said Mary Dougherty Abner Benton Bruce and Frances his wife to restrain them and every of them from proceeding at law against your Orator touching any of the matters in question but also one or more Writ or Writs of ~~~~ Subpo[e]na to be directed to the said Mary Dougherty Abner Benton Bruce and Frances his wife and Mary Burk thereby commanding them and every of them at a certain day and under a pain therein to be ["limitted" x-out] limited personally to be and appear before your Honors in this honorable Court and then and there true direct and perfect answer make to all and singular the premises and further to stand to perform and abide such further order direction and decree ~~~ therein as to your Honors shall seem meet AND your orator shall ever pray & ar. J W Williams Counsel for Complainant[sic] --- (6) [Estate Papers - Answer to Bill of Complaint 7 Oct 1799] Hillsborough District } In Equity The Joint and Several Answer of Mary Dougherty Widow - and Abner Benton Bruce and Frances his Wife Defendants - to the Bill of Complaint of Robert Freeman - Complainant These Defendants now and at all times hereafter saving to themselves the benefit of Excepting to the defects and untruths contained in the Bill - for answer to do much thereof as there are advised is material to be answered - the said Mary and Frances speaking for themselves say, it is true that Tabitha Freeman having as the Defendants have been informed a claim to the use of a large Estate real and personal formerly the Estate of her deceased husband William Freeman during her natural life with remainder Expectant to the said Robert - when when at Hillsborough about _______ before her death being in an infirm state of Body but in the perfect use of her reason understanding memory and all her other faculties of mind Express a desire to have her Will made, chiefly as she then declared to prevent what little property she had from falling into the hands of her son the Complainant Robert Freeman with whom she was much displeased on account of his undutiful behaviour to her --- And these Defendants admit that the said Tabitha made her Will to the effect stated in the Bill but do each for herself utterly and positively deny that the same was dictated to her the said Tabitha or in any way imposed on her by these Defendants or either of them or by the said Frances Child mentioned in the Bill or by any other person whatever to their knowledge or belief, but these Defendants on their oath say the suggestion of the Complainant in his Bill to that effect [page 2] (2) is absolutely false for with respect to ["the said Frances Child" x-out] this Defendant Mary Dougherty [This section originally stated: declares she (the said Frances) was not present when the Will was drawn, nor was the Defendant Frances Bruce - and with respect to this Defendant Mary Dougherty she saith atho she was at that time preset yet" mostly x-out] [Changed to read] she declares that she ~~~~~~~ was not present when the Will was drawn, And this Defendant Frances Bruce saith atho she was at that time present [Continuing on] she did not in any manner dictate to or impose on the understanding of the said Tabitha in making her said Will but the same was the free and voluntary Testament and Will of the said Tabitha made at her own request and by her own instructions and at a time when she was of sound disposing mind and memory and in the full possession use and exercise of all her faculties and not capable of being cajoled wheedled or practised on, if such things had ever been attempted which this Defendant wholly denies to have been done either by herself or any body else within her knowledge --- And this Defendant ["Mary Dougherty" x-out] Frances Bruce admits[?] that William Nash and Attorney of Standing and reputation in the town of Hillsborough was at the desire of the said Tabitha sent for to draw the said Will and did so - a thing which this Defendant imagines Mr. Nash for his own sake would hardly have concerned himself with or consented to be a party in transacting if any fraud or imposition had been attempted in the business - Also these Defendants Mary Dougherty and Frances Bruce deny that the said Tabitha ever in their presence or to their knowledge or belief declared the said Will not to be hers, or that it was dictated to her, or that she have never willed any of the said legacies nor given instructions respecting the said Will, but dissent from the same, the Contrary of all with these Defendants charge to be true Nor 2 [page 3] 3 Nor did the said Tabitha declare as charged in the Bill that her son had behaved in the most dutiful manner to her and that she would not for the world do any act to his prejudice and that these Legacies would injure him - though these Defendants verily believe that the said Tabitha regarding the Complainant as her only son would not willingly have done any thing to prejudice him as to his Character in the eyes of Strangers and the said Tabitha in fact so Expressed herself - but she notwithstanding complained much of the undutiful behaviour of her said son and related to these Defendants and other of the family many instances thereof which there Defendants forbear to Set forth out of tenderness to the Complainant - And the Defendant ["Mary Doherty" x-out] Frances Bruce speaking for herself saith that the said Tabitha at the time of making her said Will ["the said Tabitha" x-out] was not ruffled in her mind nor in any degree disturbed by the sollicitations ~~~~~~~~~~ importunities or undue influence of her this Defendant or of the said Frances Child as far as this Defendant hath knowledge - and this Defendant declares the suggestion in Complainants Bill to that effect is untrue - but saith the said Tabitha was perfectly calm composed and steady in all her conduct respecting the making and publishing her said Will which she had long had in contemplation, and for the doing of which the behaviour of her said son was as this Defendant believes one of her chief reasons -- these Defendants Mary Doherty & Frances Bruce further saith that the said Tabitha did not die for a long time after making and publishing her said Will to wit for the space of __________________ nor did she die in Hillsborough nor in the presence nor under the influence of any of the (3) parties [page 4] (4) parties defendant to the said Bill nor any charged therein by at ["the Complainants"] her own House where she had resided together with the Complainant for many years & particularly from a short time after making her said Will till the time of her death -- Yet the said Tabitha during all the period never revoked the said Will, nor did any act to shew her ~~~~ disapprobation of it, but on the contrary concealed the Circumstances of making it from the Complainant as appears by his own shewing - though living in the house with him and entirely in his power - And this Defendant doth utterly deny that the said Will was drawn from the Instructions of her this Defendant or the said Frances Child but was absolutely drawn from this express instructions of the said Tabitha herself * And this Defendant Abner Benton Bruce answering for himself saith that he knows nothing of the matters complained of in the Bill of his own knowledge, admits that he married Frances McKerall on of the Executrixes named in the Will therein complained of -- saith he hath heard such Will was made and verily believes the same was made fairly by the said Tabitha without any undue influence or practice - and at a time when she was in full possession of all the faculties of her mind he also saith he believes the said Tabitha resented very much the conduct of the said Robert towards her & wished to Exclude him from grasping all her property and Estate, at least after decease if she could not prevent it in her life time -- And this Defendant saith he always understood and believed and still believes that the Complainant behaved like a very undutiful and unkind son to his aged Mother, though she had been very indulgent to him -- And the reason of the Defendants belief in this respect is that the Conduct of the said Robert towards (4) his [Note in the left margin of the page, written in small characters, i.e. very long lines] * This Defendant the said Mary Doherty further saith that the said Tabitha in her lifetime ["frequently" x-out] observed to her this Defendant, that it distressed her greatly to see one [of] her Children, meaning her son the Complainant florishing[? flushing?] away on all the estate, while her two Daughters the said Mary and the said Frances Child has a very small share, and thus she the said Tabitha had made a Will, and told this defendant to whom the Legacies were given and the amount of them, and for what reasons she had differed in in the amount of the Legacies, which consideration? took place about six weeks after the date of the said Will [page 5] 5 his Mother became the general talk through the County and neighborhood and was much commented on and disapproved of. -- And these Defendants deny all manner of unlawful combination &c ~~~ without that, that &c ~~ And May hence to be distressed wit the Costs in this behalf unjustly sustained Wm. Duffy Solr. for the Deft. Mary Doherty Abner Benton Bruce and Frances Bruce the Defendants herein named severally make oaths that the matters of fact in this answer contained which they have respectively set forth as coming within their own particular knowledge ["they believe" x-out] ["to be" x-out] are true - And the rest each one believes to be as they have respectively set it forth Mary Doherty Sworn to before me this 7th day of October { } 1799+ { by } Js, Williams Js C L E Mary Doherty { } 11th October 1799 Abner Benton Bruce and Frances Bruce make oath before me that the facts stated in the foregoing Answer to be on their own Knowledge are, true, those alledged[sic] to be upon the information of others they believe to be true Robert Bell CME [page 6 - back] Robert Freeman v Mary Doherty et al The Answer of Mary Doherty AB Bruce and Francis[sic] Bruce fil'd 11th Octr. 1799 [Estate Papers - John McKeralls Deposition Concerning Negroes 29 Oct 1814] State of North Carolina } In Equity Orange County } Pursuant to a commission which is hereunto annexed issuing from the Court of Equity for Orange County directed to us Callet Campbell & Thomas Clancy two of the Justice of the Peace in and for the County of Orange aforesaid and Authorising us to take testimony of certain persons to be read as evidence in a certain suit in said Court depending ["We have cause to come before" x-out] Between Mary Doherty & others Complainants and Robert Freeman defendant -- We have cause to come before us at the Office of Abner B Bruce in the Town of Hillsborough and County aforesaid on the twenty ninth day of October 1814 John McKerall of Orange County of Lawful Age a witness produced on the Part of the Complainants --- Abner B Bruce attending on the part of the Complainants and no One on the Part of the defendant and the said John McKerall being duly Sworn, Cautioned, and examined touching what he knows respecting ["what he knows" x-out] the said contro =versy Deposeth and sayeth that the following Negroes (viz) Stephen, Sam, Nell, & Rachel were the property of Tabatha[sic] Freeman, and that Robert Freeman the defendant had the exclusive use and benefit of the three first mentioned Negro's (viz) Stephen -- Sam, & Nell, -- [page 2] [the?] Negro slave Rachel being kept by the said Tabatha as her body servant for the use of herself - and son Robert Freeman -- this Deponent also knows that the said Robert Freeman Employed on Abner Owen as overseer and gave him a part of the Crop which was made on the Warren Plantation also the plantation adjoining Called the Mill Plantation and that the above described Negro's as well as other Negro's which are stated in another deposition all of them Laboured on the two above mentioned Plantations ~~~~~~~~~~~ ["in" erased] ["Years" x-out] the latter part of the Year 1791 and the begin[n]ing of the Year 1792 this Deponant[sic] saith that he lived a part of the Year 1791 at said Robert Freemans and was frequently at the said Robert Freeemans in the Spring & the Summer of the Year 1792 ---- Question 1 by Abner B. Bruce one of the Complainant what do you think the hire of the Negro's were worth p. Annum ~~~~~~ Answer I think the Negroe Boy Stephen was worth Seven pounds ten shillings, Sam, ten pounds & Nell six pounds p annum ~~~ Queston 2d What do you think the Mill Plantation was worth pr. Annum Answer I Think it was worth about Fifteen pounds p. Annum ----- exclusive of the Mill [page 3] and further this deponent sayeth not J. McKerall Fore foregoing deposition was taken before us, at the office of A.B. Bruce this 29th day of October 1814 Thos. Clancy J.P. C. Campbell J.P. [Estate Papers - dedimus potestatem - 10 Oct 1800] State of NoCarolina } (1) Warren County ~~~~~ } In pursuance of a Dedim us potestatem to us directed from the Court of Equity for the District of Hillsborough being test by the Clerk & Master therefor Commanding us to take the Depositions of James Ransom & ["Reuben" x-out] Reuben Smith to be read as evidence in a suit therein Depending wherein Mary Doherty & others are Complainants and Robert Freeman defendant we have caused the said James Ransom & Reuben Smith to Come before us at Marmaduke Johnsons Tavern in Warreton on the Tenth day of October Eighteen Hundred who being duly sworn on the Holy Evangelists of Almighty God did Depose and Sayeth as follows the Questions by } the Defendant } You were acquainted with Tabitha to Mr. Ransom } Freeman the Mother of the Defendant and did you not live a close Neighbour to her ["at the" x-out] ["Time Lixxxx her Death?" x-out] for some Time previous to her Death? -- ======================== Answer Yes! ======================== Question Did you ever understand from the said Tabitha, that she had ever [page 2] (2) ever hired any Part of the Negroes willed to her by William Freeman deceased her Husband to her Son Robert ? ---- ======================== Answer No! She always claim'd the property; and the Negroes work'd upon the plantation to maintain the Family which she was desirous of doing, but that for one or two Year I understood they did not make enough; and that She was much distress'd about her Negroes that She did not want them to be too severely driven. ======================== Question - Did not Robt. Freeman always appear to be a very industrious Man for the Purpose of support the Family [illegible x-out] of Said Tabitha, and is it not your opinion that if they had been subject to his (Robt. Freeman's) Controul[sic] alone they would have been more productive than they were? -- ======================== Answer Yes! - and I'm sure of it from my own Knowledge, as I was fre- -quently at the House, and had Opportunities of Seeing it. ---- ======================== Question - Did not the said Tabitha always appear to be Mistress of the House in which her Son Robert lived; and did She ever appear to want any of the Necessaries or [page 3] 3 or Comforts of Life? On the Contrary did She not appear to be liberally sup- -ported? ======================== Answer Yes! As far as ever I saw or believed ======================== Question Did you not in a Conversation with the Said Tabitha, hear her declare that the Negroes which were on the Plantation were all her Property and that She would not suffer her Son Bobby to take Possession of them as long as she lived? ======================== Answer I have heard her say so Frequently ======================== Question - Whether a Negro Fellow known by the Name of Jubilo the property of the Said Robt Freeman work'd in common with the Negroes of Tabitha Freeman? ======================== Answer Yes! - And James Ransom being sworn subscribed his Name accordingly --- [page 4] (4) Reuben Smith was then called and deposed as follow. -- Question } by Dft to } Did you not live in the family of Reuben Smith } Tabitha Freeman (the Mother of the Dft) and did you not also live upon a Tract of Land adjoining the same in the Year 1791 meaning by that to ask you if you did not live in the Family in the Year 1790 and afterwards rented a place for the en- -suing Year of the present Defendt. and which place you knew to be as belonging to the said Rob't Freeman? ======================== Answer Yes! I did ~~~~~~~~~ ======================== Question. Did you ever understand from Mrs Tabitha Freeman deceased, that she had ever hired any Part of the Negroes willed to her, by William Freeman deceased her Husband to her Son Robert? - ======================== Answer No! She always claimed the pro- -perty, and the Negroes work'd upon the Plantation to maintain the Family which she was desirous of doing, but that for one or two Years I understood they did not make enough, and that she was much distressed about her Negroes, that she did not want them to be too severely driven - ======================== Question. Did not Robt. Freeman always appear to be a very industrious Man for [page 5] (5) for the Purpose of support the Family of the Said Tabitha; and is it not your opinion that if they had been subject to his (Robt. Freeman's_ Control alone they would have been more productive than they were? -- ======================== Answer Yes! and I'm sure of it from my own Knowledge, as I was frequently at the House, and had Opportunities of seeing it. --- ======================== Question - Did not the said Tabitha al- -ways appear to be Mistress of the House in which her Son Robert lived; and did she ever appear to want any of the Necessaries or Comforts of Life? On the Contrary did she not appear to be liberally sup- -ported? ======================== Answer Yes! As far as ever I saw or believed ======================== Question Did you not in a Conversation with the Said Tabitha, hear her declare that the Negroes which were on the Plan- -tation, were all her Property, and that She would [illegible] not suffer her Son Bobby to take Possession of them as long as she lived? ======================== Answer I have heard her say so Frequently ======================== Question - Whether a Negro Fellow named or known by the Name of Jubeelo, the property of the Said Robt. Freeman work'd in common with the Negroes of Tabitha Freeman? ======================== Answer Yes! - And the said Reuben sub- scribed his Name accordingly - Sworn to before us at Warrenton Reuben Smith the 10th Day of Octor. 1800 Wm Falkener & Robt. Jones [Question: Why are the answers precisely the same from two different people to the same questions?] [Estate Papers - Order of Reference - Oct 1803] State of NC Orange County in Equity Mary Doherty et alia Compl. vs Robert Freeman Deff. In pursuance of an order of reference in this case made at October Term 1803 and the subsequent order of 1811 Sept Term 1812 and the further order of Sept Term 1817 I cause the Parties to be notified to attend me at my office in the Town of Hillsboro on the 21st Jan 1818 and being attended by Willee P. Mangum Esq Council[sic] for the Deff I pro- ceeded to hear and examine the testimony in this case The Complainants who claim under the Will of the late Mrs Tabitha Freeman of Warren County exhibited their a/c proffs[sic] &c from which I find that William Freeman late of Bertie was in his life time seized and possessed of a large and valuable Estate - both real and personal and departed this life in or about the 30th September in the year A.D. 1781. So seized and possessed as aforesaid having before his death made and - published his last will and Testament in writing and thereby gave and bequeathed to his wife The late Mrs Tabitha Freeman late of Warren County his whole estate both real and per sonal during the term of her Natural life and after her death he gave and bequeathed the said Estate to his two sons' John Freeman and Robert Freeman and in case his son John who was then at sea - should never return to his Son Robert [page 2] to him and his heirs forever and thereof appoint his said Wife Tabitha Executrix and one Nash Hinton and his son Robert Executors and the said Tabitha cause the said will to be duly prove in the County Court of Bertie qualified as Executrix thereof and possessed herself of the whole estate of her Testator and continued and remained so pos sessed until about the year ______________ when she was prevailed on by her son ----- Robert to relinquish her interest therein and that she should possess and enjoy a --- tract of land which he was about to pur chase in Warren County and which he did purchase; and the said Tabitha did in pursuance of promise and agreement aforesaid possess herself of the Said Warren plantation _________ Negroes, Stock, farming Utensils and every other thing necessary for farming thereon and continue in the possession thereof un- til the Begin[n]ing of the year 1790 when the said Robert the present Defft took charge and possession of the said plan tation Negroes, stock &c-- and continued in possession thereof ever Since And the said Tabitha Freeman in or about the 15 of Feb in the year A.D. 1794 made and published her last Will and testament in Writing and thereby disposed of the profits of her estate then in the Possession of the Defft and which [page 2] acrued for that time until her death And in and by her said Will gave some spe cific Legacies follows (to wit) To her daughter Mary Doherty she gave and bequeathed £100 Vir ginia Money equal to $333:33 1/3 And to her grand daughter Mary W. Burk £100 Virg. Mo. equal to $333:33 1/3 and to her grand Daugh ter Frances McKerrel gave £200 Virg Money equal to $666:66 2/3 and Directed that the Said legacies should be Paid out of the profits of her estate then in possession of the Defft and which should afterwords accrue from that time until her death; and thereof appointed her Daughter Mary Do herty and her grand daughter the said Fran ces McKerrel (now Frances Bruce) Execu trixes to her said last Will and Testament And the said Tabitha departed this life in or about the Month of September 1796 And her said Will was duly proved in Warren County Court And the Said Mary Doherty and Abner B. Bruce in the Right of his wife qualified as Executrix and Execu tor and took upon themselves the Burthen of Executrix the same I find that the following Negro Slaves (to wit) Silla, Sandy Jun, Sandy Senr, Davy, Bill, Bob, Jack, Abb, Hester, Stephen, Sam, Nell, & Jubilow who the Defft. admits in his answer was purchased with the money for which Moses was sold and accepted by his Mother in lieu of him [page 3] all of which were working hands and fit for service and altho no agreement is proved that the Defft. hired the Negroes and Rented them plan tation of his Mother the last Mrs Tabitha Freeman yet they were worth hire and the plantation worth Rent The whole of which at a fair Price would be worth ($621) six Hun dred and twenty one Doll annually which in seven years (Viz) from the first of Jan 1790 until the first of Jan 1797 making seven Crop years as Happen[?] Mrs Tabitha Freeman died in the all of 1796 would make the sum of ($4374) four thousand three Hundred and Seventy four Doll as may be seen more clearly by the annexed schedule marked A I further find that the Defft Robert Freeman paid and discharge a Bond given by his father in his life time to one West wood for the sum of £146:18.9 Virginia Cur equal to ($489.79) four Hundred & Eighty Nine Doll & Seventy Nine Cents And Interest thereon a 6 pr cent pr Annum for 7 years one Month & 20 days is equal to ($209:82 1/2) Two Hundred and Nine Doll 82 1/2/100 Making in the ag[g]re gate ($699.62) Six Hundred and Ninety Nine Doll 62/100 for the support of Mrs Tabitha Freeman & Servant two Hundred Doll pr Annum for Seven years ins fourteen Hundred Doll Making in the whole the Sum of two thousand and Ninety Nine Doll 62/100 leaving a Balance due the Executors of Mrs Tabitha Freeman (Decd) of $2247:38 [page 4] Two thousand two Hundred & forty seven Doll 38/100 leaving the question of Interest thereon to this honorable Court. Out of Which the aforesaid legacies left by the Will of the sd Tabitha Freeman (decd) are to be Paid as follows (Viz) To the Complainant Mary Doherty $333:33 1/2 To Mary W. Burke $333:33 1/2 To Abner B. Bruce in Right of his Wife Frances the sum of $555:55 2/3 all of which legacies are to bear Interest from and after the first day of Janr. 1797 until Paid. All of which is most Respectfully certifyed[sic] and Submitted to this Honorable Court J. Webb C & M C E[Clerk & Master of the Court of Equity]