Orange County NcArchives Wills.....Holt, John May 11, 1824 ************************************************ 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 55-56 Written: May 11, 1824 Recorded: May 1824 Testator: John Holt In the name of God Amen I John Holt of the County of Orange and State of North Carolina being weak in body but of Sound mind and memory (thanks be to god for his mercies) do Constitute ordain and appoint this to be my last will and testament in manner and form as follows twit[sic] ---- First I give and bequeath unto my loving Wife Nelly at my death[sic] Holt the plantation & tract of land whereon I now live Containing about two Hundred acres and her Choice of four Horses from amongst my Stock also my waggon and gears my wheat fan ["and" x-out] Still and Hogsheads all my farming tools of every description Hous[e]hold and kitchen furniture (except as hereinafter named) all my Stock of Hogs and Sheap and her Choice of Ten head from amongst my Stock of Cattle -- and I also give to my wife one Negro Man named Jack a Negro woman named Nice and one other named Sarah one girl named Harriott one woman named Anice [Anne?] with their increase This property to be to her own use and benefit during her life and to be disposed of at her death as she may think proper --- And I also give her all the Crop that may be growing on the place at my death and all the grain which may be on hand and also one woman's saddle and I further give her a Negro girl Lucy to be disposed of as named above and I further wish her to have what money I have on hand Secondly - I give and bequ[e]ath unto my Son Hezekiah Holt all the Tract of land whereon he now lives (Cal[l]ed the Garrett tract) contain[in]g one Hundred acres with all its improvements, Cotton machine, mill stones &c &c [page 2] Third it is my will and desire that the ballance of my Negroes twit[sic] (Gilley Carolina Daniel Dilly Rose and Rachel) to be divided amongst my three Children Elizabeth Hezekiah & Milly ["to be divided" x-out] by lot as they may agree amongst themselves at my death and it is also my desire that each of my three Children shall have a feather [bed] and furniture also Fourth will[while] recollecting the trouble that my Soninlaw James Moore has been at in attending to a lawsuit I have in Wayne County Superior Court and it is my desire that he should be paid for said trouble Therefore it is my desire for my three Children to throw in of their Joint funds Sufficient to prose cute Said Suit and if they Should recover the negroes twit[sic] Fanny[Tanny?] & Mariah with their increase it is my desire that James Moore shall receive out of them over and above the other two Children so much as any three discreet men shall say he ought to have and if they should loose[sic] Said N[e]groe's he shall be paid out of my personal property thats not disposed of heretofore I do hereby Constitute and appoint my friend and Cousin William Holt Executor of this my last will and testament made this 11th day of May 1824 Signed in the presence of Test Peter L Ray Jurat John Holt (seal) Mason Tarpley Exr qualified [Will Book Volume E, page 55] In the Name of God, Amen! I John Holt of the County of Orange & State of North Carolina, being weak in body, but of sound mind and memory (thanks be to God for his mercies) do constitute ordain & appoint this to be my last Will & Testament in manner & form as follows, towit First I give & bequeath unto my beloved Wife Nelly Holt at my death the plantation & tract of Land whereon I now live containing about Two hundred Acres & her Choice of four horses from amongst my stock, also my waggon & gears, my wheat Fann, Still & hogsheads all my farming tools of every description, house hold & kitchen furniture (except as hereinafter named) all my Stock of Hogs & Sheep & her choice of Ten head from amongst my stock of Cattle, & I also give to my wife one negro man named Jack a negro woman named Nice & one other named Sarah one girl named Harriett, one negro woman named Anne with their Increase ~~ this property to be to her own use & benefit during her life and to be disposed of at her death as she may think proper ~~~ And I also give her all the Crop that may be growing on the place at my death & all the grain which may be on hand, [and] also one woman's saddle & I further give her a negro girl Lucy to be disposed of as named above & I further wish her to have what money I have on hand ~~ Secondly I give & bequ =eath unto my son Hezekiah Holt all the Tract of Land where= on he now lives (Called the Garrett Tract) Containing one hundred acres with all its improvements, Cotton machine, mill stones &c &c Third It is my will & desire that the balance of my negroes to wit (Gilley, Caroline Daniel, Dilley, Rose & Rachel) to be divided amongst my three Children Elizabeth, Hezekiah and Milley by lot as they may agree amongst themselves at my death & it is also my desire that each of my three Children shall have a feather [bed] & furniture also Fourth will[while] recollecting the trouble, that my Son-in-law James Moore has been at in attending to a Lawsuit I have in Wayne County Superior Court & it is my desire that he should be paid for said trouble: Therefore it is my desire for my three Children to throw in of their Joint [Will Book Volume E, page 56] funds sufficient to prosecute Said Suit & if they should recover the Negroes, towit, Fanny & Mariah with their increase it is my desire that James Moore shall receive out of them over & above the other two children as much as any three discreet men shall say he ought to have & if they should loose[sic] said Negroes he shall be paid out of my personal property thats not disposed of heretofore ~~~~ I do hereby Constitute & appoint my friend & Cousin William Holt Executor of this my last Will & Testament made this 11th day of May 1824 Signed in the presence of John Holt (seal) Test Peter L Ray Mason Tarpley Orange County May Term A.D. 1824 The Execution of the foregoing last Will & Testament of John Holt decd. was duly proved in open Court by the oath of Peter L. Ray a subscribing Witness thereto & ordered to be Recorded At the same time William Holt the Executor there =in named qualified according to Law Test Additional Comments: Will Book Volume E, pages 55-56 Recorded May 1824 Estate Papers comprise 23 pages and are found in a folder labeled "Holt, John (1824)". Legatees: My three children Elizabeth, Hezekiah, Milly. Elizabeth is identified in the estate papers as Elizabeth Whitesides, and Milly is the wife of James Moore. [Estate Papers - Inventory 15 Jun 1824] An Inventory of the Estate of John Holt Senr Decd. taken June 15th 1824 One Negro Man Jack One Do woman Annie[Anice?] One Do Do Nice One Do Do Sarah One Do Girl Harriott One Do Do Lucy One Do Boy Daniel One Do Girl Rose One Do Do Gilly One Do Do Rachel One Do Do Caroline One Do Do Dilly One Do woman Fanny One Do Do Mariah One Do Girl Rilly One Do boy Harry [16 persons] [sundry articles omitted] [Estate Papers - Sale 30 Jul 1824] Amount of Sale of the Estate of John Holt Decd Sold July 30th 1824 ______________________________________________ [sundry articles omitted] James Moore 1 Negro woman Hired Maria 7.50 William Kerr 1 Do Fanny 32.25 [sundry articles omitted] [Estate Papers - Executor Accounting 15 Oct 1826] William Holt Executor of the last Will of John Holt Deceased In account with the estate of said Deceased ______________________________________________ 1824 - July 30th To Amount of Sales on this day & Hire of Negros $172 73 1/4 1826 Oct 15th: To Amount of Sales of Negros at this time to wit Peter Ganinger ----------- $267. Nelle Holt ---------------- 164: Hezekiah Holt ------------- 458. James Moore --------------- 146: ________________________ 1035 [Hire of Fanny and Mariah mentioned on this page. Unfortunately, there does not seem to be a record in this estate of which slaves were purchased by which of the buyers listed above, other than, perhaps the Legatee Bond James Moore 14 Feb 1828 tanscribed below] [Estate Papers - Legatee Bond James Moore 14 Feb 1828] Know all men by these presents that we James Moore Andrew Moore and Thomas Moore all of the County of Orange & State of North Carolina are held and firmly bound unto the Chairman of the County Court of Orange and State aforesaid in the just & full sum of Four Hundred Dollars good and lawful money to be paid to be paid[sic] to the said Chairman or his Successors to which payment well and truly to be made we bind ourselves our Heirs Executors & Admrs. jointly & severally firmly by these presents Witness our hand and Seals this 14 day of February 1828 ~~~~ The Condition of the above obligation is such that whereas a division of the negroes of the Estate of John Holt decd. having been made and one third part thereof agreeable to the division having been delivered over to the above James Moore by William Hold Executor of said decd. as follows to wit Caroline and Dilly it being the Lot drawn for said James Moore a lawful heir by the will of the said Decd. John Holt Now in case there should any lawful claim or debt come against said Estate of said John Holt decd Then in that case the above bounden James Moore Andrew [page 2] Moore & Thomas Moore their Heirs Executors &ca do covenant and agree to refund back to the said William Holt Executor his Heirs &ca on Third part of said Claim or debt --- But if in case no debt or claim should come against said Estate of John Holt dec. then the above obligation to be void otherwise to remain in full force and effect Given under our hands and seals the day and date above written --- Jas Moore (seal) Test John Foster Andrew Moore (seal) Thomas Bowlo Junr Thomas Moore (seal)