Orange County NcArchives Wills.....Holloway, Thomas February 18, 1834
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 355-358
Written: February 18, 1834
Recorded: May 1835
Testator: Thomas Holloway

In the name of God Amen I Thomas Holloway Senr of the County of Orange
& State of North Carolina being weak in body of sound and Perfect mind
and memory blessed be God for the same do this Eighteenth of February
in the Year of Our Lord one thousand Eight hundred & thirty four make
and Ordain this Instrument to be my last Will and Testament, First
I recommend my soul to God who gave it and my body to be buried
in the usual Christian manner at the discretion of my executors

Secondly, To my beloved wife Lydia Holloway. I give the use of my
plantation & houses where I now reside together with my negro man
Ned my waggon & Geer two Horses, Four Cows & Calves, all my stock
of hogs. Household & Kitchen Furniture with sufficient farming tools
until my Youngest Child then living arrives at the age of twenty one
Years or my said wife Lydia Holloway marries, but in the event
of my said wife marrying again, I give her no further portion of
my Estate than what by the laws of the state she may be entitled to

    It is further my will that my Children John, Williamson, Sarah,
Lydia Caroline, & Milly Holloway reside with their mother the said John &
Williamson until they arrive at the age of Twenty one Years and my said
three daughters untill they marry, or the division of the property on my
Youngest Child arriving at age which will be hereinafter directed

    I give to my son John Holloway on his arriving at age and also my son
Williamson Holloway a Good Horse Bridle & Saddle to be furnished them
by my executors and to my three daughters Sarah Holloway, Lidia[sic]
Caroline, and Milly Holloway I give each a feather bed and furniture
a Good Cow & Calf with a Bridle & Saddle, with a chest and table
furniture On their arriving at the age of twenty one Years or marrying

    3rdly I direct that my executor sell the tract of Land that I purchased
from Burton Clark to the highest bidder on a credit of twelve months
with my negroes Nancy Minerva & her children & Sally with their future

[page 2]
Increase and all the rest & residue of the property of every description of which
I am possessed not heretofore particularly & Specifically devised which together
with the monies I may leave at my death or debts due me and after furnish-
=ing my five Younger Children with the articles given to them if such
things be not among my property and that the same be divided as
as[sic] hereinafter directed, immediately after the same shall all be collected

4thly On my Youngest Child then living arriving at the age of
twenty One Years. I will and direct that my Executors sell the tract
of Land whereon I now live under the restrictions as to credit &c as was
Mentioned in the case of the Clark tract together With all the rest of
the property given to my wife not ["and for" x-out] necessarily consumed for
their support of her and my Younger children, although this clause
shall not be construed so as to authorize my said wife to sell any part
of the property allotted her for her support or otherwise Change the
right of the same and that the proceeds of such sales be divided
as is also hereinafter directed

5thly I will and direct that the proceeds of the first sale which I hereby
    direct to take place as soon as possible after my decease, and the
    proceeds of the second sale or that part of my property lent to
    my wife which I have directed to take place at the time of my
    Youngest Child arrives at the lawful age be divided, the first part
    thereof as soon as sales & collections can be made among my
    wife Lydia Holloway and my children & Grand Children in
    the following manner, To my beloved wife Lydia Holloway with
    restrictions as to her marriage as before, Choice which she will take of
    my property whether she will take one third of my home tract of
    Land during her life, and a childs part of all of the rest of the
    proceeds of the sales of my personal property, or whether she will take

[page 3]
a childs part of my property both real & personal, and all the residue
to be divided between my son Brunelson Holloway, the Children
of my son Samuel Holloway after accounting [to] my executors for the
sum of $46.28 It being my intention that where any of my children
are dead that their Children shall only receive a childs part
of my Estate to be divided among them & the said 46.28 being due me
on the on bond executed for the said Samuel Holloway in his lifetime, ["To my" x-out]
["daughter" x-out]Susannah Whitaker["or her heirs I give a Childs p" x-out] the heirs
of my daughter Polley Woods after the heirs of the said Polley accounting
for $150. heretofore given my said daughter, Lucy Whitaker after accounting
for the sum of $81.45 David Holloway after paying my executors the
sum of $60 for which he has heretofore given his receipt, William Holloway
after accounting for $78. due me on his bond, the heirs of Elizabeth
Trice after accounting for $140.22 due on their fathers bond, Hannah
Latta, Ann Farthing, Agatha Harward after the said Agatha
accounting for $25.80 due on the bond of her husband, Thomas
Holloway after accounting for the sum of $489.50 which is due on his
bond bearing date on or about the year 1819 and also the sum
of $93 for which he has heretofore given his receipt, Sarah Holloway
Fannie Leathers, James Holloway, John Holloway, Williamson
Holloway, Lydia Caroline & Milly Holloway and I further will
and direct that in the event that any of my Children or Grand
Children shall refuse to account for the several sums with which
I have charged them that then and in that case I enjoin my
executors to hold back & reserve the several amounts with which I
have charged them. And I do hereby constitute and appoint my
worthy Friends James Latta, John Leathers, & Williamson Burton executors

[page 4]
of this my last will and Testament hereby revoking all former
Wills by me at any time heretofore made and do declare this to
be my last will and Testament In witness whereof I the said
Thomas Holloway Senr. have hereunto set my hand and affixed my
seal 18th of November 1834

Signed Sealed published & declared by     Thomas Holloway (seal)
the said Thomas Holloway senior as and
for his last will and testament in presence
of us who have hereunto subscribed our
names as Witnesses in the presence of
the said testator, & in the presence of each
other

    Silas M Link
    Archibald Cain  Jurat
    William Piper

            Whereas I Thomas Holloway senior having made and pub=
            =lished the foregoing Instrument as my last will and
            Testament on the 18th of November last Therein giving
to my daughter Ann Farthing a certain portion of the proceeds of the sales
of my Negroes Land &c. Now I do by this writing which I hereby declare
to be a codicil to my said Will and to be taken as a part thereof, will and
direct for certain causes me hereunto moving. That out of the sum or shares
which my daughter Ann Farthing is to receive of the proceeds of the first sales
that my Executors reserve out of her share & pay over to her son Hargis
Farthing such sum as shall be equal to the value of one Eighth part of
the estate of Reuben Farthing his deceased father, that is both real & personal
as left by said Farthing.

Signed sealed published & declared by the above named
Thomas Holloway senr. as a codicil to be annexed to     Thomas Holloway (seal)
his said will & testament in presence of
        Silas M. Link

[Will Book Volume E, page 355]
In the name of God Amen I Thomas Holloway Senr. of the
County of Orange and State of North Carolina being weak in body
but of Sound and Perfect mind and memory Blessed be God for
the Same do this Eighteenth of February in the Year of our Lord one
thousand Eight hundred & thirty four make and ordain this
Instrument to be my last Will and Testament First I recommend
my soul to God who give it and my body to be buried in the usual
Christian manner at the discretion of my Executors Secondly to my
beloved Wife Lydia Holloway. I give the use of my plantation and
&[sic] houses where I now reside together with my negro man Ned my Waggon
and Geer two Horses Four Cows & Calves all my stock of hogs Household
& Kitchen furniture with sufficient farming tools until my Youngest
Child then living arrives at the age of twenty one Years or my said wife
Lydia Holloway marries but in the event of my said wife marrying
again I give her no further portion of my Estate than what by the laws
of the State she may be entitled to It is further my Will that my Chil
=dren John Williamson Sarah Lydia Caroline & Milly Holloway reside
with there[sic] mother the said John & Williamson until they arrive at the age
of Twenty one Years and my said three daughters until they marry or
the division of the property on my Youngest Child arriveing at age
which will be herein after directed I give to my son John Holloway on his
arrivieng at age and also my son Williamson Holloway a Good Horse
Bridle & Saddle furnished them by my executors and to my three
Daughters Sarah Holloway Lydia Caroline, and Milley Holloway
I give each a feather bed and furniture a Good Cow & Calf with a
Bridle & Saddle, with a Chist and table furniture On there[sic] arriveing at

[Will Book Volume E, page 356]
the age of twenty one Years or marriage 3rdly I direct that
my Executor sell the tract of Land that I purchased
from Burton Clark to the highest bidder on a Credit of twelve
months with my negroes Nancy Manurva & her Children &
Sally with their future Increase and all the rest & residue of
of[sic] the property of every description of which I am possessed
not heretofore particularly & Specifically devised which
together with the monies I may leave at my death or debts
due me and after furnishing my five Younger Children ~~
with the Articles given to them of[if] such things be not among my
property and that the same be divided as as[sic] hereinafter directed
immediately after the same shall all be collected 4thly On my
Youngest Child then living arriveing at the age of
twenty One Years I will and direct that my Executors sell the
tract of Land Whereon I now live under the restrictions as to
credit &C as was mentioned in the case of the Clark Tract tog=
=ether with all the rest of the property given to my wife not
necessarily Consumed for their Support of her and my younger
Children although this clause Shall not be Construed so as
to authorize my said wife to sell any part of the property
allotted her for her support or otherwise Change the right of the
same and that the proceeds of Such Sales be divided as is
Also hereinafter directed 5thly I will and direct that the
proceeds of the first sale which I hereby direct to take place
as soon as possible after my decease and the proceeds of the
Second Sale or that part of my property lent to my Wife
which I have directed to take place at the time of my Youngest
Child arrives at the lawful age be divided the first part thereof
as Soon as Sales and Collections can be made among my Wife Lyda
Holloway and my Children & Grand Children in the following
manner To my beloved wife Lydia Holloway with restrictions
as to her marriage as before Choice Which she will take of my
property whether she will take one third of my house tract of
Land during her life, and a childs part of all of the rest of the
proceeds of the sales of my personal property or whether she will
take a Childs part of my property both real & personal and all the
residue to be divided between my son Brunelson Holloway the Chil
=dren of my son Samuel Holloway after Accounting [to] my executors
for the sum of $46.28 It being my intention that where any of my
children are dead [that] their Children shall only receive a Childs part
of my Estate to be divided among them & the said 46.28 being due
me on the on bond executed for the said Samuel Holloway in his lifetime
Susannah Whitaker the heirs of my daughter Polly Woods after

[Will Book Volume E, page 357]
the heirs of the said Polly accounts for $150. heretofore given
my said daughter Lucy Whitaker after Accounting for the sum of
$81.45 David Holloway after paying my Executors the sum of $60
for which he has heretofore given his receipt William Holloway after
Accounting for $78. due me on his bond the heirs of Elizabeth Trice
after accounting for $140.22 due on their fathers bond Hannah
Latta Ann Farthing Agatha Harward after the said Agatha
Accounting for $25.80 due on the bond of her Husband ~~ Thomas Holloway
after Accounting for the sum of $489.50 Which is due on his bond
bearing dates on or about the year 1819 and Also the sum of $93. for
which he has heretofore given his receipt Sarah Holloway Fanny Leathers
James Holloway John Holloway Williamson Holloway Lydia
Caroline & Milly Holloway and I further will and direct that in the
event that any of my Children or grand Children Shall refuse to account
for the several sums with which I have Charged them that then & in
that Case I enjoin my executors to hold back & reserve the several
accounts[amounts] with which I have Charged them.. And I do hereby constitute
and appoint my worthy Friends James Latta John Leathers and
Williamson Burton Executors of this my last Will and Testament
hereby revoking all former Wills by me at any time heretofore made
and do declare this to be my last Will and Testament In witness where
=of I the said Thomas Holloway Senr. have hereunto set my hand and
affixed my seal the 18th of November 1834
                                        Thomas Holloway (seal)
Signed Sealed published & declared by
the said Thomas Holloway senior as and
for his last Will & Testament in presence
of us who have hereunto Subscribed our
names as Witnesses in the presence of
the Said Testator & in the presence of each
other Silas M Link
      Archibald Cain
      William Piper

                           Codicil
Whereas I Thomas Holloway senior having made and published the fore-
going Instrument as my last Will and Testament on the 18th of November
last therein giveing to my daughter Ann Farthing a certain portion of
the proceeds of the sales of my negroes Land &C now I do by this writing
which I hereby declare to be a Codicil to my said Will and to be taken
as a part thereof will and direct for Certain Causes me hereunto moveing
that out of the sum or shares which my daughter Ann Farthing is to
receive of the proceeds of the first sales that my Executors reserve out of her
Share & pay over to her son Hargis Farthing Such Sum as Shall be equal
to the value of one Eighth part of the estate of Ruben Farthing his deceased
father that is both real & personal as left by said Farthing { Thomas Holloway Sen.
Signed sealed published & declared by the above named        { Thomas Holloway (seal)
as a codicil to be annexed to his said will & testament in presence of
               Silas M. Link

[Will Book Volume E, page 358]
                    Orange County May Term 1835
The Execution of the foregoing Last Will and Testament
of Thomas Holloway decease[d] was duly proved in Open Court
by the Oaths of Silas M Link and Archabald Cain the subscribing
Witnesses thereto and the Codicil thereunto annexed was duly
proved by the oath of Silas M Link and ordered to be Recorded

Additional Comments:
Will Book Volume E, pages 355-358
Recorded May 1835

Two dates in will: 18 Feb 1834 at the beginning, and 18 Nov 1834 at the end.

Estate Papers comprise 23 pages and are found in a folder labeled "Holloway, Thomas (1836)". Testator died in Apr 1835. Petition dated May 1844, states that the youngest child - not named in the petition - had "lately arrived to the age of twenty one years." The inventory of May 1836 lists "Negro Man Ned", who is also named in the will

[Estate Papers - Inventory May 1836]
An inventory of the personal property of Thomas Holloway Senr. deceased
which came to the hand of James Latta and John Leathers his executors

[sundry articles omitted]

The following articles of property was left in possession of
the widow and family pursuant to the testator will Viz

Negro man Ned [sundry articles omitted]

The following is an account of the sale of the property
which was directed by the said Testator to be sold and
which was sold at twelve months credit

James Leathers     Negro Girl Dilia              236.00
Josiah Turner      Negro Woman Minerva & Child
                   Trony                         695.00
   Ditto           Negro Girl Sally              655.00