Orange County NcArchives Wills.....Griffin, Thomas March 27, 1841 ************************************************ 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 F, pages 178-179 Written: March 27, 1841 Recorded: Feb 1844 Testator: Thomas Griffin In the name of God Amen. I Thomas Griffin of Orange County and state of No.Carolina being Weak in body but of sound and disposing mind and memmory bles[s]- -ed be God. - and knowing that it is appointed unto all men once to die - do make and ordain this to be my last Will and Testament in manner and form following, to wit, first and principally I commend my Immortal Spirit to my blessed Redeemer who gave it to me, and mortal body to the dust from whence it came to be Buried in a Christian like manner at the discretion of my two Executors herein after to be me- -ntioned - Item my will and desire that all my Just debts be first paid. Item I lend to Peggy Griffin the use and benefit of my Plantation which Alfred Pickard now lives on to her during her natural life and after her death to Peggy Pickard wife of the said Alfred Pickard du- -ring her natural life and then the said Plantation to be equally divided between Peggy Pickard's two sons James Pickard and Thomas Pickard to them and their heirs forever. Item. I give to my Brother James Griffin the debt of one hundred & fifty Dollars and Interest which I hold against the Estate of Peter Clark, which money when collected is to be under the superintendence of Jesse O'Daniel who is to advance the same to the said James Griffin and his wife in such manner as they may mostly stand in need for their personal support, and not to be subject nor applied to the payment of any debt or debts of James Griffin's now nor hereafter. - Item. I give and bequeath Lilla Wicks and Rebecah Wicks Daughters of Jenny Wicks One Thousand Dollars each to be paid to them by my Executors whiever [whenever?] they may marry or arrive to lawful age, - Item I give and bequeath to my friend Hugh Waddell the sum of Five hundred Dollars to him and his heirs forever to be paid to him at such time as he may conceive that my estate may most conveniently admit. -- Item. I give and bequeath to my friend Jesse O'Daniel and Henry O'Daniel all the Balance and residue of my Property both real and personal which are not here in otherwise disposed of to them and their heirs forever Item [page 2, right margin obscured by conservator's tape] Item. I lend to my Nephew Thomas Griffin the sum of Two hundred Dollars for the express purpose of enabling him to pay for this land known as the Faddis lands which land Is intend for his use during his lifetime and then to his chil- -dren forever and not to be subject to any debts that he ow[e]s Now or may hereafter owe, and lastly I constitute and appoint my Two friends Jesse O'Daniel and Hugh Waddell my Executors of this my last will and Testament hereby Revoking all the other Wills by me heretofore made, In tes- -timony where of I do hereunto set my hand and affix My seal. This 27th day of March A.D. 1841 ~~. Signed sealed and } his published in presence of } Thomas X Griffin seal B. Stroud Jurat mark Thomas M.[?] Durham R. Stanford[?] Jurat Jesse O'Daniel Exr qualified Hugh Waddell Exr refused to qualify and renounced his right to qualify [Will Book Volume F, page 178] In the name of God Amen I Thomas Griffin of the County of Orange & State of North Carolina being weak in body but of sound & disposing mind & memory blessed be God & knowing that it is appointed unto all men once to die do make & ordain this to be my last Will & Testament in manner & form following (to wit) first & principally I commend my immortal spirit to my blessed Redeemer who gave it to me & mortal body to the dust from whence it came to be buried in a Christian like manner at the discretion of my two Executors her[e]in after to be named [orig: mentioned] Item my will & desire that all my Just debts be first paid Item I lend to Peggy Griffin the use & benefit of my Plantation which Alfred Pickard now lives on to her during her natural life & after her deat[h] to Peggy Pickard wife of the said Alfred Pickard during her natural life & then the said Plantation to be equally divided between Peggy Pickard[s] two sons James Pickard & Thomas Pickard to them & their heirs forever Item I give to my brother James Griffin the debt of one hundred & fifty dollars & interest which I hold against the Estate of Peter Clark which money when collected is to be under the superintend =ence of Jesse ODaniel who is to advance the same to the said James Griffin & his wife in such manner as they may mostly stand in need for their personal support & not to be subjected nor applied to [the payment of] any debt or debts of James Griffin's now nor here after Item I give & bequeath Lilla Wicks & Rebecah Wicks Daughters of Jenny Wicks One Thousand dollars each to be paid to them by my Executors whi [whenever?] they may marry or arrive to lawful age Item I give & bequeath to my friend Hugh Waddell the sum of Five hundred dollars to him & his heirs forever to be paid to him at such time as he may conceive that my estate may most con- veniently admit Item I give & bequeath to my friend Jesse ODaniel & Henry ODaniel all the ballance & residue of my property both real & personal which are not [Will Book Volume F, page 179] herein other wise disposed of to them & their heirs forever Item I lend to my Nephew Thomas Griffin the sum of two hundred dollars for the express purpose of enabling him to pay for this land known as the Faddis lands which land is intended for his use during his lifetime & then to his children forever & not to be subject to any debts that he ow[e]s [Now] or may her[e]after owe & lastly I Constitute & appoint my two friends Jesse ODaniel & Hugh Waddell my Executors of this my last Will & Testament hereby revoking all the other Wills by me heretofore made In testimony whereof I do hereunto set my hand & [affix my] seal this 27th day of March 1841 Signed sialed [& published] in presence of } } his B. Stroud } Thomas (+) Griffin seal Thos M. Durham } mark R. Stanford[?] Orange County Febr Term 1844 The execution of the foregoing last Will & Testament of Thomas Griffin Decd. was duly proved in open Court by the Oaths [of] B. Stroud & R Stanford the subscribing witnesses therein & ordered to be recorded At the same time Jesse ODaniel one of the Executor therein name appeared in open Court & qualified accordingly At the same time Hugh Waddell the other Executor therein named appeared in open Court & renounced his right to qualify Additional Comments: Will Book Volume F, pages 178-179 Recorded Feb 1844 Estate Papers comprise 177 pages and are found in a folder labeled "Griffin, Thomas (1842)". This will was vigorously disputed. [Estate Papers - Petition of James Griffin, et al May 1843] North Carolina " Court of Pleas & Qr Sessions Orange County } May Term 1843 To the Worshipful, the Justices of said Court The Petition of James Griffin William Griffin & Elizabeth McDaniel vs Jesse O'Daniel Henry O'Daniel, Hugh Waddell & Peggy Griffin Alfred Pickard & wife Peggy James Thomas Pickard Lilla Wisk & Rebecca Wicks & Thomas Griffin Humbly complaining your Petitioners represent unto your Worships that at August Term 1842 of this Worshipful Court a paper writing was propounded for probate as the last Will & Testament of the late Thomas Griffin by one Jesse O'Daniel a pretended executor therein mentioned & was admitted to probate in common form by the oath of two of the three subscribing witnesses the third not having been sworn or examined. That at said Term the aforesaid Jesse O'Daniel qualified as executor to said pretended last Will & Testament & Hugh Waddell also named therein as executor came into open Court & refused to qualify as executor, but renounced his right to the same, all of which will fully appear by reference to the records of this court. Your Petitioners further shew that in said paper, after disposing of comparatively an insignificant part of his estate, the great bulk of the estate of said Thomas Griffin consisting of a considerable quantity of valuable land & negroes, is given to the said Jesse O'Daniel & Henry O'Daniel two individuals for whom as your Petitioners verily believe, the said Thomas Griffin, so far from having any affection or even respect entertained feelings of disgust & hatred & regarded them as the enemies of his peace & the evil spirits that constantly hovered around him to mar the peace of his last days -- Again your petitioners are informed & believe & so state that the said Jesse & Henry O'Daniel had been the enemies of the said Thomas, & were for some time engaged in an important suit at law against the said Thomas, seeking to receive some of the very slaves, which they now pretend were bequeathed to them by their former adversary & further they believe that this [page 2] open hostility continued until the said Jesse & Henry found them- =selves unable to compass their ends through the medium of the Courts of Justices, & then & not till then with systematic efforts, regardless & unscrupulous of the means, & with a will circumscribed & controlled only by their ability to do mischief, resolved to accomplish by chicanery & dishonesty what they were unable to do by other means - Then by a series of basely conceived but well directed efforts, the said Jesse & Henry sought (as your petitioners understand & believe) to obtain a complete control over the mind & acts of the said Thomas Griffin & were but too successful in their corrupt designs for your petitioners verily believe & so charge, that after having put in motion for some time every engine which the most sordid mind could employ (& that too while the old man Thos Griffin was in very feeble health & while his mind from a protracted disease had lost its power, & when timidity had taken the place of firmness at last got such a mastery over the poor old man as rendered him in truth a mere slave & tool in their hands, that their power & influence was so complete, that the old man ceased in truth to be a free agent in the management of his affairs or the disposition of this property & was as your Petitioners are informed & believe & so charge, afraid to take any step in the disposition of his property without the knowledge of the said Jesse & Henry - Your Petitioners further state that having acquired such command the old man as to be able completely to control his actions, they constrained him to sign the aforesaid pretended will contrary to his will & desire, whereby he was made to bestow the bulk of his estate upon these two base conspirators & unworthy recipients of his bounty Jesse & Henry O'Daniel --- Your Petitioners are informed & believe & so charge, that the said Thomas Griffin often & repeatedly expressed his dissatisfaction at having signed such a paper, that it was not his desire & never had been, that these two creatures (who daily & hourly infested his house with their unwelcome presence & robbed him of the few small moments of ease & relief which he might have snatched from disease) should ever receive any portion of his property, but that it was his wish (if uncontrolled by the fear of the said Jesse & Henry) to bestow his property upon his heirs at law or next of kin, who are your Petitioners - & they believe & so charge [page 3] that but for the fear of bodily harm from the said Jesse & Henry the said Thomas Griffin would have made a will before his death & would have given the bulk of his property to your petitioners, but that the old man had conceived such a dread of the said O'Daniels, that he was afraid in any way to oppose their wishes believing as he did that for any resistance to their desire, or command his life would pay the penalty. --- Your Petitioners further shew that the said Thomas Griffin died some time in 1842, possessed of large estate real & personal that they are his heirs at law & distributors (as they insist that he died intestate) & that the alledged last Will & Testament of Thomas Griffin was admitted to probate without any notice to your Petiti- =ioners, or any of them having been "cited to see the proceedings & were not parties or privy to the same - that the same was done without their consent or approbation & that said probate by the said pretended executor Jessee O'Daniel was a fraud upon the Court & they therefore pray your Worships that the same may be recalled & set aside & that your Petitioners may be at liberty to contest the validity of said alledged will. And your Petitioners pray your worships that the said Jessee & Henry O'Daniel & the other dfts may be served with process to appear at May Term 1843 of this Court & on their corporal oaths answer the matters & the matters & things set forth in the Petition as distinctly & particularly as if they were separately interrogated as to the same J. H. H. Sol for Petitioners a copy J. Taylor CC [Estate Papers - Petition by Henderson Griffin et al Nov 1844] State of North Carolina } Court of Pleas & Orange County } Quarter Session To Nov: Term 1844 To the worshipful the Justices of said Court The petition of Henderson Griffin & his wife Rebecca and Elias Milliken Against Henry O'Daniel Admr &c Humbly sheweth the unto your worships Thomas Grif- fin late of the County of Orange departed this life in the County aforesaid in the year 1840[sic] having first ["left" x-out] made a last will & testament which was executed will[with] all due form & solemn & was sufficient to pass both his real and personal estate, which will was unrevoken[sic] at the time of his death & hath been duly proved in Orange County Court & is now of record in this proper office: Your petitioners further shew that in & by said will the said Griffin bequeath to Rebecca Wicks a legacy of One thousand dollars to be paid to her [x-out] on her arrival at twenty one years of age or marriage, and the executors named in the said will having renounced their right as such administration with the will annexed hath been granted to the defendant Henry O'Daniel who hath taken upon himself the burthen of executing the same. Your petitioners further shew that the said Rebec= ca Wicks on the 22nd day of October last intermarried with your petitioner Henderson Griffin, & that before the marriage was solemnized, & on the same day they both joined in a conveyance & assignment of the said legacy to your other petitioner Elias Milliken in trust for the sole & separate use of the said Rebecca & free from the control of her husband, or of any lia- [page 2] bility for his debts. And they further shew that they have by themselves & by their said trustee frequently de- manded the said legacy of the said Henry O'Daniel, to be paid to their said Trustee, but he will not [pay] over the same & will not give them any positive promise or appearance that it shall be paid at any given day or within any reasonable time. Your petitioners therefore pray your worships that the said legacy may be paid over to their said Trustee & that such others & for their relief may be granted them as in the premises they are entitled to: And to this end that a copy of this petition with a subpoena may issue to said O'Daniel commanding to appear at our next County Court to be held at Hillsboro on the 4th Monday of their present month then & there on oath to answer this petition & to abide by & perform the decree of the Court in the premises. J. W. Norwood Sol. for petitioners [Estate Papers - Bill of Sale 29 Nov 1843] State North Carolina } Orange County } Know all Men by these presents that I Thomas Griffin do hereby give upon Jesse O'Daniel a Certain Negro Woman by the name of Anaka & her children to him & his heir forever As Witness my hand & Seal February 4th AD 1842 Test, William Perry his Thomas (X) Griffin (seal) mark State of No Carolina } Orange County } The Execution of the foregoing instrument in writing as the Act & Deed of Thomas Griffin was duly proved before me by the Oath of William Perry a subscribing witness thereto Let it be registered J. S. Bailey JSCS&E Nov 17th 1842 Orange County } Registers Office } State of NoCarolina The above is a true copy from Deed found registered in Book C page 44 A Mickle PR 29th Nov 1843 [Estate Papers - Summons Spring 1842] State of North Carolina } Superior Court of Law Chatham County } Spring Term 1842 Then came John Harmon by his Attorney and sued[?] out his Writ in words and figures as follows (towit) State of North Carolina. To the sheriff of Orange County Greeting You are hereby commanded to take the body of Jesse O'Daniel Executor of Thomas Griffin (if to be found) in your County and him safely keep so that your have him before the Honorable the Judge of the Superior Court of Law of Chatham County at the Courthouse in Pittsborough on the 3rd Monday of September next then and there to answer John Harmon of a plea that he render to him a cer =tain negro man Burton of the value of six hundred Dollars and also another negro man Reuben of the value of six hundred dollars which he detains to the damage of the said J. Harmon five hundred dollars Herein fail not and have you then and there this ["Writ" x-out] Witness John Thompson Clerk of our said Court at office the 3rd Monday of March and sixty fifth year of our Independence AD 1842 Issue the 27th day of August AD 1842, Which write was returned at Fall Term 1842 with the following endorsements there on (towit) Executed J. C. Turrentine Shff by Geo Laws D.Shff [Bill of Sale from Sarah Kirk to Thomas Griffin] [Will Book Volume D, page 423] Recd. of Thomas Griffin two Hundred pounds it being in full consideration for a Negro Woman named Dilce, the property of which said Negra Woman I warrant as witness my hand & Seal this 4th Jany 1810 Test John L. Kirk Sarah Kirk (seal) James Minnis [Will Book Volume D, page 424] Orange County February Term 1815 The Execution of the foregoing Bill of Sale from Sarah Kirk to Thomas Griffin was duly proved in Open Court by the Oath of James Minnis a subscribing Witness thereto and Ordered to be recorded Test