Orange County NcArchives Wills.....Holt, Isaac December 15, 1820 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 42-46 Written: December 15, 1820 Recorded: Nov 1823 Testator: Isaac Holt State of North Carolina } Orange County } In the Name of God amen I Isaac Holt of the State of North Carolina and County of Orange being weak in body but of Sound disposing mind and memory thanks be unto almighty God for his merceys[sic] do make declare and pronounce and publish this his last Will and Testament in manner and form following viz --- I give & bequeath and it is my Will & desire that my wife Mary to enjoy and have her right of Dower in my plantation & Home house during hir lif[e]time or widowhood and for it to belong to my son Isaac Holt his & his heirs to have it & hold & enjoy for ever the said old manor tract with its bo[u]nderys containing about three Hundred acres & my said youngest son when of age have & use such other part of said tract not interfering with her part against my wifes consent, as for all my household & kitchen Furniture I leave it all in my wifes care for her use but not to be moved out of my house and to be equally distributed & divided in some way by lot or otherwise between my two youngest sons Archibald M: Holt & Isaac Holt but this division not to be forc'd on my wife during her life or [page 2] widowhood, my wife giving them Such furniture as they may want when of age I wish for all my farming tools and all Such articles my wife may want to carry on her farm & also the Blacksmiths shop & tools to remain where they are for the purpose of her support & my two sons Archibald & Isaac Holt & to be divided between them except the Smith tools I have to Isaac Holt, I give & leave her my waggon & geirs I give & bequeath & leave her my carriage ["after" x-out] and Harness one of my Stills the one in the upper room of Stillhouse and Hogsheads wheat fann, all my wheat that's now on hand to be ground & sent to market the proceeds for the Education of my two sons which together with what my wife could spare from the proceeds of the land to compleat[sic] their Educations what corn now on hand at home to remain to their use, I give & leave on my plantation for the use of my wife Mary Archibald & Isaac Holt all my stock of Hoggs & sheep & Cattle she (my wife) choosing four head of Horses for the use of the Plantation & also choosing two of the younge ones for Archibald and Isaac Holt also what stock of Hoggs is at the mill to remain there for the use of my wife & two sons to enable her to compleat their Education and what [page 3] whatever articles above named & not particularly disposed off[sic] after my wifes death or an intermarriage I wish to be divided between my two youngest sons Arch =ibald M Holt & Isaac Holt Either by their gaurdians[sic] or after their becoming of age by lot or otherwise (no Lawing) Item I give & bequeath unto my loving son Thomas S. Holt the tract of land lying in the south west from him which I bought of John Linn as pr. the deed & Platt also I give & bequeath unto him the part off whats called the Cook Tract bounded by David Greeson James Linn & when he leaves James Linn & the John Linn Tract & come to run in an East direction between him & the widow Fogleman to run on in the same direction until he comes to the Jack branch to a white oak marked Tree on the bank then down said branch to where a small branch comes from my old Linn Plantation thence up said branch until he comes to the said Linn field fence thence along said fence to where (or nearly) there was an old fence row thence across said Pla[n]tation in a north west direction to the great road leading from Hillso. to Salisbury so the he touches the upper corner of the woods next the road along the Edge of a little poor old field including that part Lying next to him to him & his heirs forever [page 4] and If he should die without issue living at the time of his death for all his sd. land & the negroes hereafter to be named to go over to Archibald M. Holt (that is to say) the land to go to Archibald & the negroes to be divided between him Archd. & Isaac Holt. I give to Thomas S. Holt the following negroes, slaves, Carey & Milly delivd. Gilbert & Louisa, one Anvil in the shop not in use one Copper Still in the Lower Still house & the encrease of sd Negroes. Item I give & bequeath unto my son Archibald M Holt all the ballance[sic] of my land say the ballance of the Linn Tract beginning at the place pointed out to Thomas at the great road running along the woods with little poor old field with the hedge row to the fence named to Thomas along sd fence to the sd branch down sd branch to the Jack branch thence down the Jack branch to Stinking quarter including the grist & saw Mill & all the different articles in use and belonging to them thence with the lines around the Fogleman tract meaning for him to have all the land purchased of Michale & Samuel Fogleman with my Mills & all that part of or ballance of the Linn Tract & Rick tract except the part given to Thomas to have & to hold & enjoy him & his heirs forever ------- I give & bequeath unto my son Archid. M. Holt the following negro slave to wit none delivd. Warren, Sam, Peter, [page 5] Big Jim and Edy his wife, and If he should die before he comes of age or has issue all his said land Mills & negroes to be divided between Isaac Holt & Thomas Holt, all which property the said Achibald to have & to hold & enjoy him & his heirs forever them and their encrease ~~~ Item I give & bequeath unto Maria D. Foust wife of George Foust her & her heirs forever the following negroe slaves to wit Lender and Rose delivered Lucy & her child Nancy them & their encrease Item I Lend to Emily Ray wife of William Ray for her use during her life then to her heirs forever the following negroes slaves to wit Anna & Orange now in her possession & a negro man by the name of Toney them & their encrease (I mean by her heirs her children) Item I give & Bequeath unto Elisa M Rowan during her life & then to her children to enjoy forever negro Lissa and &[sic] Eve now in her possession a negro woman Winny & her Child Sally them & their encrease Item I give & bequeath unto my loving son Isaac Holt the following negroes to wit / none delivered Adam, Austin Patsey Jimadam & Harriette them & their encrease to have & hold & enjoy him & his heirs forever & if he should die without Issue living at the time of his death his land and negroes to be divided between say the negroes to be divided between Archibald & Thomas & the old plantation given to him heretofore to go to Archib[sic] Archibald M Holt [page 6] Item I wish and it is my will and desire that Archibald Holts and Isaac Holts negroes to remain on the plantation where they now are to caltivate[sic] them and the proceeds as I have already stated to go them & my wifes support & to finish their Education. I give and leave on the Guildford[sic] Plantation of my wifes two Horses three milch cows what stock of Hoggs is now their[sic] and as much corn as would be sufficient for the support of the hands & overseer & stock the ballance may be sold also what sheep is now their to remain & all the farming tools to be left on the said Plantation and the Four Horses which are now their must remain this ensuing crop out as they are engaged to the overseer also negro Man Toney who is under the overseer ------- Item I give unto my wife Mary two feather Beds & furniture and the Clock for her own to dispose with as she my please also her nine negroes Hannah Violet Lonah, Dicey, Julia, Vinah, Mint Charles Tilda, them & their increase for her use and own disposal as she may please also Fortune & Bob during her life & at her Death Bob to belong to Isaac Holt & Fortune to Arch -ibald M Holt [page 7] Item I give unto and bequeath to William Ray & Emily his wife one Hundred Dollars to be paid to them within five years after my death without Interest which is all they are to have of my Estate to be paid to them by my Execrs. Item I give unto and bequeath to Thomas Rowan and Elisa his wife fifty Dollar to be paid to them by my Execrs within three years but always without Interest which is all they are to have of my Estate Item I allow my wife to reserve from the Stock of goods on hand if suitable articles are on hand twoo[sic] Hundred Dollars worth for Cloathing for my two sons whilst at school and herself (Isaac & Archibald) Item what other goods should remain on hand & surplus Horses & other articles which she My wife might not want to retain here & at the Guildford Plantation to be sold in the usual way and the proceeds thereof with my debts say bonds & notes books debts to be settled & secured and kept on Interest a regular account kept of them and at the experation[sic] of Four years [page 8] for the following dispos[i]tion to be made of the debts one Thousand Dollars to be kept on Interest to finish & compleat Archibald & Isaac Holts Education and the ballance to be divided between My wife Mary, Maria Foust wife of George Foust & Thomas S. Holt, Archibald M Holt & Isaac Holt after all my debts & other expenses are paid out of it, I nominate and appoint Archibald D. Murphey Guardian to Archibald M Holt and George Faust Jr Guardian to Isaac Holt I nominate and appoint Thomas Holt Esqr. and George Faust Junr as my Executors to this my last Will & Testament and my loving wife Mary my Executrix also to this my last Will & Testament In Testimony whereof I have hereunto set my hand & affixed by seal this 15 Decmr. AD 1820 Josa???? Gobal[Coble?] Daniel A. Coble Isc. Holt (seal) Austin Coble his Frederick (X) Kemrue? Mary Holt qualified mark as Exx. ---------- Thomas Scott Jurat Geo. Foust qualified William D. Murphey A. D. Murphey Jurat Codicil to the Foregoing Will I have in the foregoing Will bequeathed certain Negro Slaves to my Daughter Emily Ray during her life, and also certain Negro Slaves to my Daughter Eliza M. Roane during her life : I do hereby revoke the said Bequests, & in lieu thereof I bequeath to my Mife[sic] Mary Holt, and to Thomas Scott and George Foust junior and to the Survivors or Survivor of them and to the Executors or Administrators of the Survivors of them the Negro Slaves, Anne, Orange and Toney, in Trust for my Daughter Emily Ray during her life, but Subject to be taken out of her Possession and hired out by the Trustees whenever they may think proper; it being my intention that She shall have the Use of the Said Slaves for her support and Maintenance free and clear from any disposition or Controul[sic] of her Husband, and in no way liable to his Debts : And after the death of the Said Emily Ray, then that the Said Trustees or the Survivor of them Shall hold the Said Slaves with their Increase to the use of the Children of the Said Emily Ray --- And I bequeath to my Wife Mary Holt Thomas Scott and George Foust junr. and to the Survivors or Survivor of them and to the Executors or Administrators of the Survivors of them the Negro Slaves Lisa Eve Winney and Sally, in Trust for my Daughter Eliza M. Roane during her life, but subject to be taken [page 2] taken out of her possession and hired out by the Trustees, whenever they may think proper; it being my intention that She Shall have the Use of the Said Slaves during her life, for her support & Maintenance, free and clear from the disposition or Controul of her Husband, and in no way liable to his Debts --- And after the death of the Said Eliza M. Roane, then that the Said Trustees or the Survivor of them shall hold the Said Slaves with their Increase to the Use of the Children of the Said Elizabeth M. Roane --- And Whereas in the foregoing Will I have bequeathed nine Negro Slaves to my Wife, I do revoke the said bequest, And in Lieu thereof, I bequeath to my said Wife, the Negro Woman Jude & her Child Calvin, & all Such Children as She may hereafter have ; And I also bequeath to her her Choice of five Slaves out of the nine named in the Bequest to her in the foregoing Will -- I give all the Rest and Residue of my estate to be equally divided between my Children, Thomas, Maria, Archibald, & Isaac In Witness Whereof I have hereunto set my Hand & Seal this 23rd June 1821 Sealed published, acknowledged Isc. Holt (seal) & Declared in our Presence of Thos. Scott Jurat William D. Murphey Mary Holt qualified A.D. Murphey Jurat as Exx. [Will Book Volume E, page 42] State of North Carolina } Orange County } In the Name of God Amen! I Isaac Holt of the State of North Carolina & County of Orange being weak in body, but of sound disposing mind & memory thanks be unto Almighty God for his mercies, do make declare & pronounce and publish this his last Will and Testament, in manner & form following (Viz) I give & bequeath & it is my will & desire that my wife Mary to enjoy & have her right of Dower in my plantation & home -house during hir lifetime or widowhood & for it to belong to my Son Isaac Holt his & his heirs to have it & hold & enjoy, forever the said old manor Tract with its boundaries containing about three hundred acres & my said youngest son when of age have & use such other part of said Tract not interfering with her part against my wifes consent as for all my house hold & kitchen furniture I leave it all in my wife's care for her use, but not to be moved out of my house & to be equally distributed & divided in some way by lot or otherwise between my two youngest sons Archibald M Holt & Isaac Holt, but this division not to be forced on my wife during her life or widowhood, my wife giving them such furniture as they may want when of age, I wish for all my farming tools & all such articles my wife may want to carry on her farm & also the Blacksmiths shop & tools to remain [Will Book Volume E, page 43] where they are for the purpose of her support & my two sons Archibald & Isaac Holt [&] to be divided between them, Except the Smith tools I have to Isaac Holt, I give & leave her my waggon & gears, I give & bequeath & leave her my carriage & harness, one of my Stills the one in the upper room of the Stillhouse & hogshead, Wheat fan all my wheat that is now on hand to be ground & sent to Market the proceeds for the education of my two sons which together with what my wife could spare from the proceeds of the Land to complete their Educations what corn now on hand at home to remain to their use, I give & leave on my plantation for the use of my wife Mary Archibald & Isaac Holt all my stock of hogs & sheep & Cattle, she (my wife) choosing four head of horses for the use of the plantation & also choosing two of the young ones for Archibald & Isaac Holt, also what stock of hogs is at the mill to remain there for the use of my wife & two sons to enable her to complete their education & whatever articles above named & not particularly disposed of, after my wifes death or an intermarr= =iage I wish to be divided between my two youngest sons Archibald M. Holt & Isaac Holt either by their Guardians or after their becoming of age by lot or otherwise (no Lawing) Item I give & bequeath unto my loving son Thomas S. Holt the tract of Land lying in the South west from him, which I bought of John Linn as pr. Deed & Platt also I give & bequeath unto him the part off what's called the "Cook Tract" bounded by David Greeson, James Linn & when he leaves James Linn & [the ] John Linn Tract & comes to run in an East direction between him & the widow Fogleman to run on in the same direction, until he comes to the Jack ~ branch, to a white oake marked Tree on the bank then down said branch to where a small branch comes from my old Linn Plantation thence up said Branch until he comes to the Said Linn field fence, then along said fence to where (or nearly) there was an old fence row thence across said plantation in a North West Direction to the Great road leading from Hillsborough, to Salisbury, so the he touches the upper Corner of the woods next the road along the edge of a little poor old field, including that part lying next to him, to him & his heirs forever ~~~~ And if he should die without ["leaving" x-out] issue living at the time of his Death for all his said Land & the negroes hereafter to be named to go over to Archibald M. Holt (that is to say) the land to go [to] Archibald & the negroes to be divided between [him] Archd. & Isaac Holt. ~~ I give to Thomas S. Holt the following Negroes, Slaves, Carey, & Milly Delivered Gilbert & Louisa one Anvill in the shop not in use one Copper Still in the lower Still house & the increase of said Negroes ~~~ Item I give & bequeath unto my son Archibald M Holt all the bal= =ance[sic] of my Land, say the balance of the Linn Tract ~~ [Will Book Volume E, page 44] beginning at the place pointed out to Thomas at the great road running along the woods, with little poor old field, with the hedge row to the fence named to Thomas along said fence to the said Branch down said Branch to the Jack branch, thence down the Jack branch to Stinking quarter, including the grist & Saw Mill & all the different articles in use & belonging to them, thence with the lines around the Foglemans tracts, meaning for him to have all the lands pur= =chased of Michael & Samuel Fogleman, with my mills & all that part of or balance of the Linn Tract & Kick Tract, except the part given to Thomas to have & to hold & enjoy him & his heirs forever. I give & bequeath unto my son Archibald M Holt the following negroe ~ slaves, to wit, none delivered, Warren, Sam Peter Big Jim & Edy his wife & If he should die before he comes of age or has issue all his said Land, Mills & negroes to be divi= ded between Isaac Holt & Thomas Holt, all which property the said Achibald to have & to hold & enjoy him & his heirs forever them & their increase ~~~ Item I give & bequeath unto Maria D Foust wife of George Foust her & her heirs forever the following negroe slaves to wit, Lender & Rose delivered Lucy & her Child Nancy them & their increase ~~~ Item I lend to Emily Ray, wife of William Ray for her use during her life, then to her heirs forever the following negroes Slaves to wit, Anna & Orange now in her possession & a negro man by the name of Toney them & their increase (I mean by her heirs, her children). Item I give & bequeath unto Eliza M Ro[w]an during her life & then to her Children to enjoy forever negro Lissa & Eve now in her possession a negro woman Winney & her Child Sally them & their increase ~~ Item I give & bequeath unto my loving son Isaac Holt the following negroes, to wit, none delivered Adam, Austin, Patsey, Jim adam & Harriette them & their increase to have & hold & enjoy him & his heirs forever, & if he should die without issue living at the time of his death his land & negroes to be divided between say the negroes to be divided between Archibald & Thomas & the old plantation given to him heretofore to go to Archibald M Holt ~~ Item I wish & it is my will & desire that Archibald Holts & Isaac Holts negroes to remain on the plantation, where they now [are] to cultivate them & the proceeds as I have already stated to go them & my wife's Support & to finish their educations. ~~~ I give & leave on the Guilford plantation of my wifes two horses, three milch Cows, what stock of Hogs is now there & as much Corn &[as] would be sufficient for the support of the hands & overseer & Stock the balance may be sold also what sheep is now there to remain & all the farming tools to be left on the said plantation & the four horses that are now [Will Book Volume E, page 45] there must remain this ensuing crop out as they are engaged to the overseer also negro Man Toney who is under the overseer ~~~ Item I [give] unto my wife Mary two feather beds & furniture & the Clock for her own to dispose with as she my please also her nine negroes Hannah, Violet Lonah, Julia, Dicey, Vinah, Mint Charles Tilda, them & their increase for her use & own disposal as she may please, also Fortune & Bob during her life & at her death Bob to belong to Isaac Holt & Fortune to Archibald M Holt ~~~ Item I give unto & bequeath to William Ray & Emily his wife one Hundred Dollars to be paid to them within five years after my Death, without Interest, which is all they are to have of my Estate to be paid to them by my Executors ~~ Item I give unto & bequeath to Thomas Rowan & Eliza his wife fifty Dollar to be paid to them by my Executors within three years but always without Interest, which is all they are to have of my Estate ~~~ Item I allow my wife to reserve from the Stock of goods on hand if suitable articles are on hand Two hundred Dollars worth for cloathing for my two Sons whislst[sic] at school & herself (Isaac & Archibald) Item what other goods should remain on hand & Surplus Horses & other articles which she my wife might not want to retain here & at the Guilford plantation to be sold in the usual way & the proceeds thereof, with my debts, say bonds & notes books debts to be settled & secured & kept on Interest a regular account kept of them & at the expiration of four years, for the following disposition to be made of the debts one thousand Dollars to be kept on Interest to finish & complete Archibald & Isaac Holt's Education & the balance to be divided between my wife Mary, Maria Foust, wife of George Foust & Thomas S. Holt, Archibald M Holt & Isaac Holt, after all my Debts & other expenses are paid out of it ~~~ I nominate & appoint Archibald D. Murphey, Guardian to Archibald M Holt & George Faust Junrr Guardian to Isaac Holt !! I nominate & appoint Thomas Holt Esqr. & George Faust Junr. as my Executors to this my last Will & testament ~~ & my loving wife Mary my Executrix also to this my last Will & Testament ~~ In Testimony whereof I have hereto set my hand & affixed by seal this 15 Decemr. A.D. 1820 Daniel A. Coble Isaac Holt (seal) Austin Coble his Frederick (X) Kemruce? mark Thomas Scott A. D. Murphey Codicil to the foregoing Will ~~~ I have in the foregoing Will bequeathed certain Negro Slaves to my daughter Emily Ray during her life & also certain Negro Slaves to my Daughter Eliza M. Roan during her life: I do hereby revoke the said Bequests, & in lieu thereof I bequeath to my Wife Mary Holt & to [Will Book Volume E, page 46] Thomas Scott & George Foust Junr. & to the Survivors or Survivor of them & to the Executors or Administrators of the Survivors of them the negro Slaves Ann, Orange & Toney, in Trust for my daughter Emily Ray during her life: but subject to be taken out of her possession & hired out by the Trustees, whenever they may think proper; it being my intention that she shall have the use of the said Slaves for her support and Maintenance free & clear from any disposition or Controul[sic] of her husband & in no way liable to his debts : And after the death of the said Emily Ray, then that the Said Trustees or the Survivor of them shall hold the said Slaves with their increase to the use of the Chil= =dren of the Said Emily Ray ~~~ And I bequeath to my wife Mary Holt Thomas Scott & George Foust Junr. & to the Survivors or Survivor of them & to the Executors or Administrators of the Survivors of them the Negro ~ Slaves, Lissa, Eve, Winney and Sally, in Trust for my dau= =ghter Eliza M. Roan during her life, but subject to be taken out of her possession & hired out by the Trustees, whenever they may think proper, it being my intention that she Shall have the use of the said Slaves, during her life for her support & maintenance free & clear from the disposition or Controul of her husband & in no way liable to his debts ~~ And after the Death of the Said Emily [orig: Eliza] M. Roan, then that the Said Trustees or the Survivor of [them] shall hold the said Slaves, with their increase, to the use of the Children of the said Elizabeth M. Roane ~~~ And whereas in the foregoing Will I have bequeathed nine negro Slaves to my wife, I do revoke the said bequest & in Lieu there =of, I bequeath to my said wife, the Negro woman Jude & her Child [Calvin] & all such Children & [orig: as] she may hereafter have; and I also bequeath to her, her Choice of five Slaves out of the nine named in the bequest to her in the foregoing Will ~~ I give all the rest & residue of my Estate to be equally divided between my children Thomas, Maria, Archibald & Isaac ~~ In Witness whereof I have hereunto set my Hand & Seal this 23rd June 1821 Sealed, published, acknowledged Isaac Holt (seal) Declared in presence of Thomas Scott Jurat Wm D Murphey A D Murphey Jurat Orange County November Term 1823 The Execution of the foregoing last Will & Testament of Isaac Holt & the Codicil of the said Will & testament thereto subjoined was duly proved in open Court by the oaths of Thomas Scott Archibald D. Murphey Esqr. two subscribing Witnesses thereto & ordered to be recorded ~~ At the same time Mary Holt qualified as Executrix & Geo. Foust Junr. as Executor accordingly to appointment & Law Test Additional Comments: Will Book Volume E, pages 42-46 Recorded Nov 1823 Surname Rowan or Roane - both are in the will and condicil. The date on the original will was overwritten and is difficult to read. Some researchers interpret this to be 1825, but it was probated in Nov 1823, so that isn't likely. The Estate Papers comprise 81 pages and are found in a folder labeled "Holt, Isaac (1822)". Manor Tract was 300 acres, divided between the testator's widow, Mary, receiving 100 acres, and Isaac, Jr who received 200 acres. Extensive inventory, including the contents of a store? store house? Sold 26 half-dozen spoons, so had an excess of 150 spoons, for example. Wide variety and large quantity of woodworking tools. Over 30 sets of cups and saucers? [Estate Papers - Inventory of Negroes 3 Dec 1823] Negros Old Jim & Wife Winney with their Children Lender, & her child Jacob Warren, Eve, Adam, Milly, Orange Ann Sam Austin Sally & Alfred ======================== Jim-Adam & wife Lucy with the following Children Peter Patsey Leisa Nancy & Betsey --- ======================== Big Jim & wife Edy with the following Children Rose Harriot & Gilbert ======================== Toney, Lizzy & her three children names unknown Carey, Fortin, Jude, Calvin Malinder, Bob, Hannah Tilda, Vilet, Ann, Ibbey Leney, Mary, Dice, Julia Viney & Charles Some of the above negroes are with the Legatees A list of the widows Choise of five Negroes out of the nine agreeable to the will to wit Vilet, Lena, Dicey, Jula[sic] & Charles done the 3d day of December 1823 [There are 48 persons in this inventory] [Estate Papers - Sales of Negroes 20 Mar 1824] Account of sale of the negroes sold by order of Orange County Court Feby Term 1824 of the estate of Isaac Holt, dec. 1824 March 20 To one negro Woman Hannah 200 -- one Do. Girl Vina 205 -- one Do. Do. Tilda 50 -- one Do. ---- 2 years old 25 -- one Do. ---- 18 months 20 -- one Do. ---- 12 months sickly 5 -- __________ $505 --