Orange County NcArchives Wills.....Gant, Isham November 15, 1807 ************************************************ 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 D, page 183 Written: November 15, 1807 Recorded: Nov 1807 Testator: Isham Gant State of N.C. } Orange County } I Isham Gant of the State and County aforesaid being of sound mind and memory do constitute and ordain this my last Will and testament in manner and form as follows. First that all my Just debts be Paid And then I give all my property in trust to William Gant and James Gant my Brothers to be disposed of in such manner as they shall think best for the use of my Wife Sally Gant during her widowhood for the use of my Children and after raising them if she should marry or die the bal- lance to be equally divided Among my Children I Also give and bequeath to my belov ed wife Sally one horse Called Nick in her own right to dispose of as she may think proper Witness my hand and seal this 15th day of November 1807 Test J. Webb Jurat Isham Gant (seal) Allsee Murray Exrs qualified [Will Book Volume D, page 183] State of N.C. Orange County I Isham Gant of the State and County aforesaid being of sound mind and memory do Consti tute & ordain this my last Will and Testament in manner and form as follows First that all my Just debts be paid and then I give all my property in trust to William Gant & James Gant my Brothers to be to be[sic] disposed of in such manner as they shall think best for the use of my Wife Sally Gant during her widowhood for the use of my Children and after raising them if she should marry or die the balance to be equally divided among my Children ~~~~~~ I also give and bequeath to my beloved wife Sally one Horse Cal[l]ed Nick in her own right to dispose of as she may think proper Wit ness my hand and seal this 15th day of November 1807 J. Webb Isham Gant (seal) Allsee Murray Orange County Nov. Term 1807 The Execution of the of the[sic] foregoing last Will & Testament of Isham Gant Decd. was duly proved in Open Court by the Oaths of J. Webb and ordered to be recorded at teh same time the Executors therein Named qualified Accordingly ~~~~ Test J. Taylor Additional Comments: Will Book Volume D, page 183 Recorded Nov 1807 Estate papers comprise 26 pages and are found in a folder labeled "Gant, Isham (1829)". The settlement of this estate began in 1826 after the testator's son, William Gant had died. Widow, Sally, married James Gant (one of the Executors) in about 1812 [Estate Papers - Bill of Complaint Sep Term 1829 ] State of North Carolina } Orange County } "In Equity" ~~~ To the honorable the Judge of the Court of Equity for Orange County The Bill of Complaint of Josiah Gant & Jesse Gant Administrators with the Will Annexed of Isam Gant deceased: Also of said Josiah Gant & Jesse Gant in their own Right: Also of Jenny Gant, Levi Gant, William Gant, Thomas Gant and Isam Gant, ~~~~ Against Jonathan Gant, and James Whitsides, Administrators of the estate of William Gant Decd., and against William Holt, Administrator of the estate of James Gant decd. ~~~~~~~ Humbly complaining shew unto your Honour your Orators and Oratrix that Isam Gant late of Orange County departed this life in November 1807. having previously published in Writing his last Will, of which he appointed William Gant & James Gant Executors, who after his death duly proved the Same and took on themselves the burthen of its execution - that said William Gant died intestate in December 1824, and Administration of his estate was granted by the County Court of Orange to Jonathan Gran & James Whitsides, who qualified and took into there Possession the Personal estate of Said William, which was more than /Sufficient [page 2] Sufficient to pay all the Debts including the claim which your Orators & Oratrix set up in this their Bill of Complaint ---. And James Gant the Other Executor died in Jan 1825, or about that Time Intestate, and Administration of his estate was granted to William Holt, who qualified and took the Said estate into his Possession, the Same being of more Value than Sufficient to pay all the Debts -- And at August Temr 1829, Administration with the Will Annexed of Said James Gant was granted by Orange County Court to your Orators Josiah Gant and Jesse Gant ---. Your Orators and Oratrix Shew that the Said Isam Gant died seized of a tract of Land lying on Haw River in Orange County, consisting [?] of three Acres or thereabouts on which was situate a Valuable Grist Mill with its Appurtenances and Fixtures; And 2dly. a tract of 102 Acres purchased by Said Isam from one David Philips - A Rough Plat of these Lands accompanies ["these Lands" x-out] this Bill --.--. that Said Isam died possessed of a considerable Personal estate consisting of a Stock of Horses Hogs, Cattle, Sheep, &c, Crop, Provisions, Farming Utensils, Household & Kitchen Furniture &c. All of which came to the Hands of the Said Executors --. --- that the Testator in the first place directed all his Debts to be paid; & then gave all his Property in Trust to William Gant & James Gant to be disposed of in Such manner as they should think best for the use of his Wife Sally during her Widowhood, for the Use of his Children: And after Raising the Children or her marriage, the Balance of the Property was to be equally divided among the Children, except a Horse named Nick which the Testator gave to his Wife that the Testator left [hxxx Sxxxing] his Wife Sally; and his [page 3] 3. Children, your Orators and Oratrix, who were all Infants of very tender Years at the Time of his death, the oldest being then only about ["eight" x-out] nine Years of Age, and the youngest /your Orator Isam/ being now in his 22nd Year.~~ they Shew that the Widow continued to reside on the Plantation up to the Time of her Second Married, which took place in or about the Year 1812, with James Gant, of the Executors. that your Orators and Oratrix /except your Orator William Gant/ continued to Reside with her and aided her in the Cultivation of the Plantation; and She being a Tayloress for the Neighborhood and a prudent managing Mother; supported her Family in Comfort an Decency; And after her Marriage Your Oratrix and most of your Orators went to live with James Gant, for whom they laboured in his Farm and by whom and their Mother they were fed and clothed; their labour being more than equal to their Clothing and Maintenance -. they shew that their Father Isam Gant was indebted at his death only to a Small Amount, and that his Debts could have been paid out of his personal property; And for this Purpose the Executors Sold Part of Said Property But of what this Property consisted, how much of it was Sold, What Debts were owing and what paid, Your Orators and Oratrix are ignorant; And the Executors did not return any Inventory nor Account of Sales nor Account Current of their Administration, nor an exhibit to your Orators & Oratrix any Account of the Said estate; But your Orators and Oratrix are informed that the Executors Sold Part of the Said Personal estate Shortly after the death of Said Isam Gant; And they charge that there was a valuable Personal estate consisting of Stock, Provisions, Crop, Farming Tools, Household Furniture &c on [page 4] hand an in the Possession of the Widow at the Time of her Marriage with James Gant in 1812, And that no Account has been rendered thereof by the Executors, Altho by the Will the Same was to be divided Among your Orators and Oratrix at the Time of Said Marriage --. They further shew that Said Isam Gant has been engaged a considerable time before his death in digging a Canal and erecting a Grist Mill on Haw River, on the three Acres of Land herein before mentioned; that Said Canal and Mill were nearly completed at his death; And Said Mill was more valuable than any one on Haw River, in which only one Part of Stones was run, and with the three Acres Aforesaid was worth at the Time of Said Isam Gant's death in Nov 1807, at least $1000-: And your Orators & Oratrix shew that the Said Executors well knowing its Value formed a Plan of appropriating it to their own Use at a Price far beneath its Value, and at a Time When the Sale thereof was in no respect necessary for Payment of the Testator's Debts: And for this Purpose it was agreed between them and one Thomas Freeland, /son in Law of William Gant Aforesaid/ that the Land & Mill should be sold, that Freeland should become the Purchaser at Some Small Sum, that Title Should be made to him, and he thereupon convey one third of said Land & Mill to James Gant, one third to William Gant, retain one third for himself, and they three became Partners in Said Land & Mill: And in execution of this Agreement the Sale was made in May or June 1808, Freeland became the Purchaser /At What Price your Orators & Oratrix are ignorant/ and on the ( 13 [page 5] 5 13th day of June 1808, the said Thomas Freeland, James Gant and William Gant entered into Articles of Copartnership binding themselves to build a Grist Mill on Haw River at the Place Aforesaid, and if they Should deem it prudent, also to erect other Mills and Machines at Said place; the Meaning of which was, that they Should complete the Mill in Part erected by the Said Isam Gant, and build other Mills if they should find it to be to be [in] their Interest to do So-. And by the Said Articles it was further agreed that they Should bear equal Part in Making & Repairing Said Mills & Machines, and Receive equal Shares of the Profits -. And after Reciting[?] that there was three Acres of Land laid off from the Benefit of the Mill and that Thomas Freeland had a Deed therefor, the said Freeland set over and confirmed unto William Gant his Heirs and Assigns for ever one third Part of the Said three Acres, with one third of all the Improvement & Appurtenances thereunto belonging for the Sum of fifty Dollars to him in had paid: And for the like Consideration he Set over & confirmed to James Gant & his Heirs for ever another third Part -. the Original Agreement is in possession of your Orators and Oratrix, & ready to be produced as this Court shall direct. And in Pursuance of the Agreement of Copartnership, the Said Mill was complete and held in common by the Said Freeland, James Gant and William Gant; the Said Freeland hath since Sold his Interest in Said Land & Mill to Jeremiah Gant for $350 who continued a Tenant in Common with the said James & William, Untill they died; and the Profit of Said Mill are Received & divided as directed by the Said Agreement of Copartnership -. Your Orators & Oratrix shew that no Account of this Sale (hath [page 6] hath been returned by the Executors, and they are ignorant what the Same amounted to And they charge that the Said Sale was void Unless ratified by your Orators & Oratrix, as, Notwithstanding the form thereof, it was in Truth a Sale made by the Executors & Trustees to themselves: And Your Orators & Oratrix insist that the estates of the Said Executors Should make good to them the full Value of the Said Land & Mill at the Time of Said Sale. Other the Such Value Should be accounted for in the Settlement of the Administration Accounts of Said Executors; And Upon this being done Your Orators & Oratrix submit to ratify & confirm Said Sale in Such way as this Court Shall order and decree-. In like Manner they Submit to ratify and confirm two other Sales made by the Executors of ["???" x-out] the Tract of 102 Acres Aforesaid purchased by Isom Gant from David Philips, and on which Said Isam Resided. They shew that in 1808 or 1809, William Gant one of the Executors was desirous of owning 37 Acres on thereabouts of this Tract, adjoining the Mill tract aforesaid of three acres; And to secure it to himself, he prevail on this Coexecutor James Gant to make him a Deed therefor; which Deed he had proved & Registered; But being informed that this Plan would not be effectual to vest a title in him, & that Some third Person must be procured to accept a Deed from the Executors and then convey to him, he applied to one Thomas Rippey his Brother in Law to accept a Deed and convey; and said Rippey did Accordingly accept a Deed from the Executor and then conveyed the Said 37 Acres to William Gant: And Your Orators & Oratrix charge that the Said Land was at that (Time [page 7] Time worth five Dollars per Acres; Whereas by the Agreement between the Said William and James Gant, the Said William was to have the Same at the Price of one Dollar Per Acre-. Your Orators & Oratrix charge that they are entitled to have the full Value of these 37 Acres brought into Account in Settling the estate of Said Isam---- Gant; And upon this being done the Submit to ratify the Said Sale --- They further Shew that not long after the Sale of the Said 37 Acres, the Executors Sold the Remaining Part of the 102 Acre Tract to Jeremiah Gant & John Long at the price of $3 1/2 per Acres or thereabouts -. that this Part was then worth $4 1/2 or 5 Per Acres; that the Situation of the estate did not require a Sale of it, there being no Debts to pay; /And the Same may be said for the Sale of the 37 Acres/: that the Sale was made Solely for the Purpose of Accommodating the Executors with Money for their own Purposes, & they ought in this Court to make good the Value of the Land at that Time; & upon this being done, Your Orators & Oratrix Submit to ratify the Said Sale -. And they further shew that the Executors rented out the Plantation on Said Land After the Marriage of the Widow Sally & up to the Time when they sold the Land, and that paid Rents were well worth $15 Per Year upon an Average -. But the Said Executors have made no Return of the Rest nor of the Sales aforesaid, not Shown in what way the have applied the Money ~~~ And they further shew that Since thir Arrival at Age the Executors or the Said Sally have not to each of them a Small Sum of their distributive Share of the Surplus of their Father's estate, except your Orator Isam & your Oratrix Jenny; Receipts were given for the Payment, to which reference is made, and which it is prayed may be produced before the Master of this Court upon his Taking the Account of Said estate ~~~: But they were entirely ignorant at the Time of giving Such receipts of the Sums to which they were entitled: the were young# # [written up the left side of the page] confided in their Uncles Integrity; & had no information, except what their Uncles gave them of the estate of their Father, nor of its Administration; nor did they get this Information Untill Since Said Receipts were given ~~~ [page 8] And your Orators and Oratrix well hoped that the Said Executors: ~~ would have come to a fair Settlement of all the Accounts Aforesaid and paid to each of them what he or She was entitled to: And for this Purpose they frequently applied to the Said Executors in their life time and to their Administrators since their death; but they refused to come to any Account touching the estate of Said Isam Gant; and which is contract to Equity & good Conscience & tends to great injury of your Orators & Oratrix; In Tender Consideration of which and for as much as they are remediless Save only in this Court, And to the end that the said Jonathan Gant, James Whitsides and William Holt may upon their Corporal Oath full, true and perfect answer make to all & Singular the Charges of this Bill; & Particularly Set forth as far forth as they can an Inventory of the estate of Isam Gant, An Account of the Sale thereof, what Part of the Personal estate remained on hand at the Marriage of the Widow in 1812, what has become of it, What Debts the estate owed, What Debts the Executors paid, What was the fair Value of the Mill & three acres of Land Aforesaid at the Time of the Sale in 1808; What was the Value of the 120 Acre tract at the Time of the Sale in 1809, What Rents were or ought to have been Received; And to the further end that all proper Account may be taken by the Master of this Court, and such Sum or Sums be deemed to be paid to your Orators & Oratrix as Shall appear due to them upon taking Said Account, And that they may have Such other & further Relief in the Premises as is agreeable to Equity & good Conscience; May it please your Honor to grant to your Orators & Oratrix the State Writ of ( Subpoena [page 9] Subpoena to be directed to the said Jonathan Gant, James Witsides & William Holt commanding each of them to appear in this Court or the Second Money of September next, to answer your Orators & Oratrix's Bill of Complaint, & to stand to, abide by & perform Such Order & Decree as Your Honour shall make in the Premises; & they as in duty bound will ever pray ~~~ A. W. Murphy, for Complts. To Sep: term 1829 [plot of lands referred to in complaint] [page 10 - Cover] Josiah Gant & Other vs the Executors of Wm. Gant & the Executors of James Gant Decd. Origl. Bill To Orange Court of Equity Sep: term 1829 NP the Clk & Master will issue copies & Sps. to the Sheirff of Orange, for Jonathan Gant } Executors of James Whitsides } Wm Gant Decd. & Wm. Holt Exr. of Jas. Gant Decd. Filed 28 August 1829 A.B.B A.D. Murphy for Complts. [Estate Papers - Final Settlement 14 Mar 1830] Josiah Gant and Jesse Gant Administrator with the Will Annexed of Isam Gant Deceased, against Jonthan Gant and James Whitside Administrators of the estate of William Gant Deceased; & against William Holt Administrator of the estate of James Gant Deceased --- Suit pending in the Court of Equity for Orange County ----------. This Suit being referred to the final arbitrament and Award of Samuel Holt and Archibal D. Murphy the Parties met at the House of William Holt esquire in Orange County on the 3rd day of March A.D. 1830. And produced their Paper, Vouchers, and Witnesses; And the Said Witnesses being duly Sworn were by the Said Samuel Holt and Archibald D. Murphy examined in the Presence of the Parties; and all the Said Papers and Vouchers were duly examind, And the Allegation and Arguments of the Parties were heard: All of which being by us considered, We do Award, ["and" erased] 1st that William Holt, Administrator of the estate of James Gant Deceased do within Six Months from the date of this Award pay to Jenny Gant and Isam Gant, two of the Children of Isam Gant Deceased, each the Sum of forty two Dollars, ($42) with Interest thereon from the date of this Award -. 2ndly that Jonathan Gant and James Whitside Admi= -istrator of the estate of William Gant Deceased, do within six Months from the date of this Award, pay to the Complainants Josiah Gant and Jesse Gant Administrator with the will annexed of Isam Gant Deceased, two hundred and twenty nine Dollars, ($229) with Interest thereon from the date of this Award -. And that the Said Sum be paid over ["?????" x-out] and retained by them as follows: (ToWit: [page 2] ToWit: To Jenny Gant ----------------------- $27 -- with Interest. To Isam Gant ------------------------ 27 -- with Interest. To Levi Gant ------------------------- 35 -- with Interest. To William Gant ---------------------- 35 -- with Interest. To Thomas Gant ----------------------- 35 -- with Interest. & each retain for himself, save Josiah Gant -- 35 -- with Interest. ---- Jesse Gant --- 35 -- with Interest. And the Said Payments when made Shall be in full of all Claim or Demand of the Complainants upon the estate of William Gant Deceased; And of the Said Jenny, Isam, Levi, Josiah, Jesse, William and Thomas, upon the estate of James Gant Deceased, and of William Gant Deceased -- 3rdly that he Sale of the Lands belonging to the estate of Isam Gant Deceased, made by William Gant and James Gant, the Executors of this Will, be ratified, confirmed and made Valid; and the Purchasers of said Lands and those claiming under them be forever quieted in their Possession of the Said Lands against the Heirs of Isam Gant Deceased. 4th that all Matter of Controversy involved in this Case be forever Settled and determined --- 5th that the Defendants Jonathan Gant and James Whitsides Administrators of the estate of William Gant Deceased, pay all the Costs of this Suit In Witness Whereof we have hereunto set our Hands this 14th day of March A.D. 1830, having declared the foregoing award to the Parties James Holt A.D. Murphy [page 3] I was chosen by the Parties to act as Umpire in the foregoing Case, in the event of Disagreement between the Arbitrators; and having heard and considered the Matters and things submitted by the Parties, I do approve of the foregoing Award --- 14th March A.D. 1830 G Hurdle