Orange County NcArchives Wills.....Lapslie, James January 11, 1818 ************************************************ 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, pages 588-590 Written: January 11, 1818 Recorded: Jan 1821 Testator: James Lapslie In the name of God Amen I James Lapslie of Orange County and State of North Carolina Being of sound disposing mind and memory do make and Publish this my last will and Testament in manner and form following that is to say first my Will and desire is that the tract of Land wherein I now live together with a part of a tract adjoining thereto now held by Thomas Armstrong & myself be divided in two parts as near as may be by a line to be run North & South making offsets if necessary so as to leave my Barn & meadow on the Eastern part thereof; I Loan to my Sister Elisabeth Lapsley the Eastern part of the tract of Land & plantation to be divided as aforesaid for and during the term of her natural life; I also Lend to my said Sister Elisabeth the following Negro Slaves (towit) Ben, Alfred, & Ned for and during the term of her natural life; and after her deceased[sic] to be disposed of as is herein after directed. Item I give and bequeath to my said Sister Elisabeth Lapslie, one Negro named Nell, her choice of two Horses out of my Stock, her choice of five head of Cattle out of my Stock, and all my household and Kitchen furni= =ture to her and her heirs and assigns forever I Loan to Salley Bryant[sic] (mother of my two supposed Daughters) one Negro woman named Sylvia for and during the term of her natural life; and after her decease I Give and bequeath the said Negro woman & her increase to my two supposed daughters Levina Issabella Bryan[Note 1], & Lousia Jane Bryan and to the survivor of them as herein after directed. I Give and bequeath to my two supposed Daughters Levina Issabella Bryan & Louisa Jane Bryan (begotten on the body of Salley Bryan) the western half of my tract of Land whereon I now live to be divided as afore= =said to be rented out yearly for their support & maintainance[sic] until my Daughter Levena Issabella arrives to full age then to be equally divided between them together with the Eastern part thereof after the death of my [page 2] Sister Elisabeth after her decease; to them and their heirs and in case either of the said supposed daughters should die without issue then and in that case her share or part of the Land to go to the survivor of such de =ceased Sister; and in case both of my said Daughters should die without issue; then and in that case I give and bequeath the said tract or parcel of Land to Anderson Armstrong, & Thomas Lapslie Armstrong sons of my Nephew Thomas Armstrong to be equally divid= ed between them share and share alike to them their heirs and assigns forever. I also give to my said two supposed Daughters Levena Issabella Bryan & Louisa Jane Bryan four Negro slaves Beck, Paul[,] George & Bob, together with Ben, Alfred & Ned after the death of Sister Elisabeth & Sylvia after the death of their mother Salley Bryan, to be equally divided between them when the eldest arrives of full age; and in case either of my said Daughters should die without issue then to the survivor of them; but in case both of them should die without issue then and in that case I give and bequeath the Negro boy George to Jenney Armstrong daughter of Thomas Armstrong to her and her heirs forever and the other Negroes to be equally divided between Jenney Armstrong Anderson Armstrong Thomas Laplie[sic] Armstrong Leney Armstrong & Mitchell Armstrong children of said Thomas Armstrong, to them their heirs and assigns forever I Give and bequeath to my Executors hereafter named my tract of piney Land on the head waters of Eno & Back Creek to be sold, together with all my Stock of every discription[sic] and after the payment of all my Just debts the residue of the monies Arising from the sale I give and bequeath to my said two supposed Daughters to be laid out in their Education and support, together with the hire of the Negroes bequeathed [page 3] bequeathed & given to my daughters as aforesaid -- Lastly I hereby nominate constitute and appoint my trusty friends Thomas Armstrong & Willie Shaw Esquire Executors to this my last Will and Testament, hereby revoking and disannuling all former Wills and bequests by me heretofore made, hereby ratifying and confirming this only to be my last Will and Testament. In Testimony whereof I do hereunto subscribe my name and affix my Seal this 11th day of January 1818 Signed Sealed published pronounced Jas. Lapslie (Seal) and declared by James Lapslie the Testator as his last Will & Testament who in our presence hath subscribed & acknowledged the same; & we in his presence & at his request hath[sic] subscribed our names as Witnesses A.B. Bruce Chs. Bruce (Jurat Codicil to the foregoing Will. It is my Will desire and request that after my decease my Sister Elisabeth Lapslie should have one full years provision allowed & alloted to her for the support & maintainance of all her family & Stock bequeathed to her. In Witness whereof I have hereunto subscribed my name & affixed my Seal this 11th day of January AD 1818 Signed Sealed & acknowledged Jas. Lapslie (Seal) in presence of us A.B. Bruce Chs. Bruce Exr. qualified [page 4 - Cover sheet] Maj. James Lapslie Will Recorded Feb 1821 [Will Book Volume D, page 588] In the name of God Amen I James Lapslie of Orange County and State of North Carolina being of Sound disposing mind & memory do make & publish this my last Will and Testament in manner and form following that is to say first my Will and desire is that the tract of Land wherein I now live together with a part of a tract adjoin- =ing thereto now held by Thomas Armstrong & myself be divided in two parts as near as may be by a line to be run North & South making offsets if necessary so as to leave my barn & meadow on the Eastern part thereof; I Loan to my sister Elizabeth Lapslie the Eastern part of the tract of Land & plantation to be divided as aforesaid for & during the term of her natural life; I also lend to my said Sister Elizabeth the following Negroe Slaves (towit) Ben, Alfred & Ned for & during the term of her natural life & after her decease to be disposed of as is herein after directed ~~ Item I give and bequeath to my said Sister Elizabeth Lapslie, one negro named Nill, her choice of two Horses out of my stock her choice of five head of Cattle out of my Stock & all my house hold & kitchen fur= =niture to her & her Heirs & assigns forever ~~ I loan to Sally Bryant (mother of my two supposed daughters) one negro woman named Sylvia for & during the Term of her natural life; and after her decease I give & bequeath the said negro woman & her increase to my two supposed daughters Levinia Issabella Bryant & Louisa Jane Bryant and to the survivor of them as herein after directed I give & bequeath to my two supposed Daughters Levina Issabella Bryant & Louisa Jane Bryant (begotten on the body of Salley Bryant) the western half of my tract of Land whereon I now live to be divided as aforesaid to be rented out yearly for their support & maintainance[sic] until my Daughter Lavenia Isabella arrives to full age then to be equally divided then to be eq[u] ally divided[sic] between them together with the Eastern part thereof after the death of my sister Elisabeth after her decease to them & their heirs and in case either of the said supposed daughters should die without issue then & in that case her share or part of the Land to go to the survivor of such deceased Sister; and in case both of my said daughters should die without issue then & in that case I give & bequeath the Said tract or parcel of land to Anderson Armstrong & Thomas Lapslie Ar =mstrong sons of my nephew Thomas Armstrong to be equally divided between them share & share alike to them, their heirs & assigns forever I also give to my said two supposed Daughters Lavinia Isabella [Will Book Volume D, page 589] Bryan[sic] & Louisa Jane Bryan four negro slaves Beck, Paul, George & Bob together with Ben, Alfred & Ned after the death of Sister Elisabeth & Sylvia after the death of their mother Sally Bryant to be equally divided between them when the eldest arrives of full age & in case either of my said daughters should die without issue then to the survivor of them; but in case both of them should die without issue then and in that case I give & bequeath the negro boy George to Jenney Arms= =trong daughter of Thomas Armstrong to her & her heirs forever & the other Negroes to be equally divided between Jenney Armstrong Anderson Armstrong Thomas Lapslie Armstrong Leney Arm- =strong & Mitchell Armstrong children of said Thomas Armstrong to them their heirs & assigns forever ~~ I give & bequeath to my Executors hereafter named my tract of piney Land on the head waters of Eno & Back Creek to be sold together with all my Stock of every description, and after the pay ment of all my just Debts the residue of the moneys arising from the Sale I give & bequeath to my said two supposed daughters to be laid out in their Education & support together with the hire of the Negroes bequeathed & given to my daughters as aforesaid ~~ Lastly I hereby nominate constitute & appoint my trusty friends Thomas Armstrong & Willie Shaw Esquire Executors to this my last Will and Testament hereby revoking & disannulling all for =mer Wills and bequests by me heretofore made hereby ratifying & confirming this only to be my last Will & Testament ~~ In testi =mony whereof I do hereunto subscribe my name & affix my Seal this 11th day of January 1818. Signed Sealed published pronounced Jas. Lapslie (Seal) & declared by James Lapslie the testator as his last Will & testament who in our presence hath subscribed & acknowledged the same & we in his presence & at his request hath subscribed our names as Witnesses A.B. Bruce Chs. Bruce (Jurat) Codicil to the foregoing Will ~~ It is my Will & desire & request that after my decease my sister Elisabeth Lapslie Should have one full years provision allowed & allotted to her for the support & maintainance of all her family & stock bequeathed to her ~~ In Witness whereof I have hereunto subscribed my name & affixed my Seal this 11th day of January A.D. 1818 Signed Sealed & acknowledged in presence Jas. Lapslie (Seal) of us A.B. Bruce Chs. Bruce [Will Book Volume D, page 590] Orange County February Term 1821 The Execution of the foregoing last Will & testament of James Lapslie was duly proved in open Court by the oath of Charles Bruce a subscribing Witness thereto & ordered to be recor= =ded ~~ At the same time the Executors named in the Will qua -lified accordingly Test Additional Comments: Will Book Volume D, pages 588-590 Recorded Jan 1821 Note 1: Many writers of this era use a long S for every every "s" that appears within a word (i.e. when the "s" is not at the beginning or end). The writer of this will uses a stylized S followed by a lower case "s" to indicate "ss" such as in the word "issue" or "necessary", and uses it in the name, clearly written, as "Levena Issabella". The will book version of this will renders the name with the more common spelling of "Lavinia Isabella". Another item of note is that her surname is spelled "Bryan", while her mother's surname is first "Bryant", then "Bryan". Both surnames appear scattered throughout the Estate Papers. The use of the phrase "supposed daughters" is unusual. Perhaps these were step-daughters - regardless, it appears that the testator is not the biological father. Original will has "Elisabeth", will book copy has "Elizabeth" Estate papers comprise 116 pages and are found in a folder labeled "Lapslie, James (1820)". State that the testator died in 1821 or alternatively 1820, Brothers of testator listed as Thomas D? Lapslie died in Georgia, and James. Sister Elizabeth died in Orange. Lavinia Isabella Bryan born 24 Jan 1810, died 24 Apr 1885 and is buried in Cedars Cemetery in Milton, NC. Per the estate papers married Nathaniel J. Palmer 20 July 1826 [Estate Papers - Bill of Complaint Sep 1833] State of North Carolina } Superior Court of Law Orange County } September Term 1833 To the Honorable the Judge of the Said Court The Petition of Sally Bryant Against Thomas Armstrong and Willie Shaw The exrs. of James Lapslie decd Humbly complaining sheweth unto your Honor that James Lapslie late of the County of Orange departed this life about the year ______ having previously made and published his last will and testament in writing duly made according to the laws of this state to pass both his personal and real estate --- and that among other devises and bequeaths made in the said will by the said Testator is the following to your petitioner, "I loan to Salley Bryant (mother of my two sup- posed daughters) one negro woman named Sylvia for and during the term of her natural life, and after her decease I give and bequeath the said negro woman and her increase to my two supposed daughters Livinia Issabella Bry- ant, and Lousia Jane, and to the survivor of them as herein after directed." Your petitioner further shews that the said Sylvia after the publication of the said will, but bifore[sic] the death of the testator had issue, Lucy: and that the said testator in his said will appointed Thomas Armstrong and Willie Shaw his exec- utors who ["took" x-out] proved the will in Orange County Court where it is now of Record, and took upon themselves the burthen of execu- ting the same - and there came to the hands of the said executors more than sufficient property to pay off all the debts of the deceased, without abating any of the legacies given by the [page 2] said will; and your petitioner further shews that the said exc- cutors took into their possession the said Lucy, the child of the wo- man Sylvia who was left to your petitioner - and that the said executors assented [?] to the said legacy of Sylvia Now your pe- tioner shews that she is advice that she is entitled under the clause of the will above recited to the said Lucy during her life as a part of the increase of the said Sylvia -- that the said Lucy is not ["specifically" x-out] disposed of by any other part of the said will - and she had hoped that the said ex- ecutors would have dilivered[sic] her over according to the benevolent intention of the testator plainly expressed: But the said executors have whol[l]y refused to do though often request thereto - For the end therefore that the said executors may be decreed to deliver up the said Lucy to you petitioner, and account for her an- nual hire - and that such other and further relief may be granted to your petitioner as in the premises she is entitled to- may it please your Honour to require the said Armstrong and Shaw to appear at the next term of this court to be held for the County of Orange at the Court House in Hilllsborough on the second Monday of March next, then and there ["to pl" x-out] upon their corpo- ral oathes to answer this petition And your petitioner will ever pray &c J. W. Norwood for Petitioner [Estate Papers - Additional Inventory Feb 1822] Additional Inventory of the property of James Lapslie Deceased [misc items omitted] One negro Woman Named Nell --------------------- 256.00 One Negro Child Named Lucy --------------------- 100.00 Willie Shaw } Thos. Armstrong } Exrs. [Estate Papers - Estate Sale 25 Jan 1821] List of Sale of the property of James Lapslie Deceased taken January 25th A.D. 1821 [sundry items omitted] William Faucett M. Hire of Alfred 60."" Samuel Paisley Hire of Beck "8.50 James Lindsey Hire of Ned 15."1 John Bruce Hire of Poll 23.60 William Faucett Hire of Ben 40."5 Richard Breeze Hire of George 28."" James Tate of Jas Hire of Bob "5."5 [Estate Papers - Account of Slave Hire due 1821] 1821 By Hire of Negro Alfred due 26 Jany 1821 60 By -"---"---"--- Beck -----"------ 8.50 By -"---"---"--- Ned ------"------ 15.01 By -"---"---"--- Poll -----"------ 23.60 By -"---"---"--- Ben ------"------ 40.05 By -"---"---"--- George ---"------ 28. " By -"---"---"--- Bob ------"------ 5.05 1822 By Hire of Negro Ben due 1st Jany 1822 27.74 By -"---"---"-- Alfred ---"------ 60.30 By -"---"---"--- George ---"------ 41.25 By -"---"---"--- Ned ------"------ 24.00 By -"---"---"--- Bob ------"------ 2.10 By -"---"---"--- Beck -----"------ 6.10 By -"---"---"--- Poll -----"------ 18.02 [Estate Papers - Account of Slave Hire due 1824] 1824 Jany 1st Hire of Ben ----------------- 24.75 " Do ~~ Ned ----------------- 20.65 " Do ~~ George -------------- 33.~~ " Do ~~ Alfred -------------- 55.10 " Do ~~ Rebekah ------------- 8.50 " Do ~~ Poll ---------------- 3.~~ " Do ~~ Bob ----------------- 1.~~ [Estate Papers - Account of Slave Hire due Jan 1825] 1825 Jan 1 by hire of Negro Beck 25.00 Do Ben -- - - - - - - 16.00 Do Poll -- - - - - - - 7.10 Do Ned - - - - - - - - 24.50 Do George -- - - - - - 35.10 Do Bob -- - - - - - - 6.15 Do Alfred -- - - - - - 40.00 [Estate Papers - Account of Slave Hire due Mar 1825] 4th of March 1825 By the Hire of Alfred --------- 42.00 Do ---------- Ben ----------- 16.00 Do ---------- George -------- 35.25 Do ---------- Ned ----------- 30.60 Do ---------- Bob ----------- 5.35 Do ---------- Beck ---------- 15.10 Do ---------- Poll & Children 10.55 [Estate Papers - Account of Slave Hire due 1826] 1826 March 2nd By the hire of Bob 12.17 1/2 By Do Beck 25.17 1/2 By Do Poll .50 By Do George 43.25 By Do Alfred 46.25 By Do Ned 40.-5 [Estate Papers - Account of Slave Hire due 1827] Feb 28th 1827 By Hire of Bob 10.75 By Do Beck 21 By Do Ned 40 By Do George 41.75 By Do Alfred 45.20 By Do Poll & Child 00.00 [Estate Papers - Petition by Nathaniel and Lavinia Palmer Aug 1828] North Carolina } } Court of Pleas & quarter Sessions Orange County } To the worshipful the Justice of said Court - The Petition Nathaniel Palmer & Lavinia Isabella Palmer his wife Humbly sheweth unto your worships Your Petitioners, that James Lapslie late of the County of Orange & father of your Petitioner Lavinia Isabella Palmer departed this life early in the year 1821 having previously made & published his last will & Testament, which said will at the time of his death was unrevoked & was, by the Exrs. therein named to wit Thomas Armstrong & Willie Shaw, at February Term 1821 of Orange County Court duly proven & then qualified as such Executors & took upon themselves the burthen of executing the same - that they in performance of their duties took into their possn. all the personal property of their Testator to a very large amt. & proceeded to administer the same by paying off the debts due from the estate & paying & delivering over the specific legacies mentioned in the said will to the several distributees, that at _____ Term of Orange County Court the before- mentioned Willie Shaw was by order of said Court ap= =pointed Guardian to Your Petitioners Lavinia Isabella then Lavinia Isabella Bryan & to her infant sister Louisa Jane Bryan & their said guardian took into his hands all the property both real & personal belonging to them -- That by said will their father devised to them a valuable tract of Land & several Negroes, part of which Land & Negroes were divised to Elizabeth Lapslie the sister of said Testator for her life time - & the part devised to them & the whole after the death of the said Elizabeth Lapslie as well real as personal was to be hired out & the proceeds applied to the use of your Petitioners Lavinia Isabella & her Sister Louisa Jane - as will now fully appear by reference to said Will now upon record in this Worshipful Court - they would further Shew that in said will is contained the following clause, towit, - "I give " & bequeath to my Executors hereinafter named my tract of [page 2] " piney Land on the head waters of Eno & Back Creek to be sold, to= " gether with all my stock of every description & after the payment of all my " just debts, the residue of the money arising from the sale I give & bequeath " to my said two supposed daughters to be laid out in their education " & support together with the hire of the Negroes bequeath & given to " my daughters as aforesaid" -- that the aforesaid Elizabeth Lapslie survived her brother the said James Lapslie but a very short time, having died in the month of ___________ in the year 1821 -- & the said Executors took into their possessions as well the property devised to your Petitioners Lavinia & her sister Louisa as that which was devised to the said Elizabeth -- Your Petitioners further shew unto your Worships, that the said James Lapsly died possessed of a very large stock consisting of horses, hogs, cattle & sheep as well in the County of Orange as in other places, particularly in Georgia - All of which the said Executors sold together with the piney wood land mentioned in the above devise - & that the proceeds after paying the debts of the testator, which are, as they are informed & believe, few & unimportant, paid & delivered over by Thomas Armstrong one of the Executors to Willie Shaw as guardian of your petitioners Lavinia Isabella & her sister Louisa Jane - Further complaining Your petitioners shew unto Your Worships that they were married the 20th day of July in the [year] 1826 & your Petitioner Nathaniel Palmer being desirous to have in his care & possession the property belonging to him in right of his Wife has repeatedly called on the said Willie Shaw as the guardian of his wife to account with & pay over to him his share of the rents of said land & the hire of the Negroes & his moiety of the proceeds of the sale of the piney wood land & the stock - & has also applied to him as the guardian of Louisa Jane Bryan the sister of his wife your Petitioner to divide & deliver to him his moiety of said lands mentioned in said Will & also the Negroes - The first request he has refused alleging at times that the proceeds of the sale of said land & stock has not yet been collected, nor the debts paid - whereas Your Petitioners shew that the money due upon said sales has long since been paid to the said Willie Shaw and that all the debts due from the Estate of the said James [page 3] Lapslie have long since been paid off, or if such be not the fact that the said Willie Shaw has been guilty of great negligence in the discharge of his trust as more than eight Years have elapsed since the death of the said James - As to the second request he has declined it upon the grounds that Your Petitioner Lavinia Isabella not being yet of age, the time has not arrived at which by the provissions of said Will, the property is to be divided - Whereas your Petitioners contend that upon their intermarriage, they are entitled to have their share of the property devised both real & personal divided between[& allotted] them -- Your Petitioners therefore pray, that the said Willie Shaw may be compelled upon his Corporal Oath to set forth & state what property both real & personal belonging to the Estate of the said James Lapslie decd. has come to his hands either as Executor of the said James or as Guardian of your Petitioners Lavinia Isabella Palmer & her sister Louisa Jane - how he has used the same - if rented out, for what sums did it rent, & to whom - what was the amount of the Sales of the piney wood land & the stock - what was the amount of the debts against the Estate - & what sum was in his hands after payment of said debts as guardian of your Petitioners Lavinia Isabella & her sister Louisa Jane - that the said Wilkie Shaw may be decreed to account with & pay over to Your Petitioners their share or portion of the proceeds of the sale of Said piney wood Land & Stock and also their share of the hire of the Negroes & rents of the Land, that they may have allotted to them their share of the Lands & Negroes so left to Your Petitioner Lavinia Isabella - May it please Your Worships to grant to your Petitioners the states Writ of Ssubpoena to be directed to the said Willie Shaw & to the said Louisa Jane Bryan to be served on the said Willie Shaw her guardian commanding them to be and appear before this Worshipful Court at the succeeding Term thereof to be held for the County of Orange at the Court house in Hillsborough on the 4th Monday in Augst. [page 4] next then & there to abide by & perform such order & decree as may be made in the premises & that your Petitioners may receive such other & further relief as the nature of this case requires - And as in duty bound they will ever pray &c F. Nash Sol. [Estate Papers - Answer to Petition Aug 1828] State of North Carolina } Court of Pleas & Quarter Session Orange County } August 1828 --- To the Worshipful Justices of the Court aforesaid The Answer of Willie Shaw Guardian &c to the Petition of Nathaniel J. Palmer & his wife Lavinia Isabella: -- This Defendant saving & reserving to himself all & all man= =ner of exceptions to the many insufficiencies & uncert= =ainties in the said Petition contained, for answer to so much thereof as he is advised it is material for him to answer unto, answering saith, he admits that James Lapslie Father of the Petitioner Lavinia Isabella departed this life some time in the year 1821 & that he had duly made & published a last Will & Testament wherein this Defendant & one Thomas Armstrong were appointed Executors & that at the February Sessions of the Worshipful Court 1821, the said Executors were duly qualified & took upon themselves the execution of the aforesaid Will: -- This defendant further answering saith he admits he was appointed Guardian of the Petitioner La- =vinia Isabella & her sister Louisa Jane Bryan at the Sessions of the County Court of Orange & in virtue of said ap =pointment, that this Deft. became possessed of the estate both real & personal devised & bequeathed by the aforesaid James Laps= =lie to the Petitioner Lavinia Isabella & Louisa Jane Bryan: - This Deft. further answering admits that by the aforesaid Will both real & personal estates were devised & bequeathed to the petitioner Lavinia Isabella & her sister Louisa Jane consisting of Land & Negroes, which estates were in remainder after the death of Elizabeth Lapslie in whom was the Estate for life & that at the death of the said Elizabeth the Deft. because possessed of said estates as Guardian as aforesaid: This Deft. further answering says, he admits there was such a clause in the Will as that mentioned in the Petition, towit, "I give & bequeath to my Executors herein= =after [page 2] =after named my tract of piney Land on the head waters of Eno & Back Creek to be sold, together with all my stock of every decrip= =tion & after the payment of all my just debts, the residue of the money arising from the sale, I give & bequeath to my said two supposed daughters to be laid out in their education & support, together with the hire of the negroes bequeath & given to my daughters as aforesaid: The defendants[sic] further admits there was much stock both in this State & Georgia belonging to the Estate of the Testator James Lapslie & that in pursuance of the powers given to the Executors by the Will aforesaid this Deft. & the other Executor Thomas Armstrong proceeded to sell the piney Land & the stock of every description for the purpose of paying Testators debts, which this Deft. denies were few & unimportant as alleged in the Petition & expres- =ly avers that said debts were many & large & have not yet been paid as will more fully appear by the sequel of this Deft's answer:- This deft. further answers & denies having received from his Co-Executor the afore= =said Thos. Armstrong any proceeds of said Sales as Guardian as aforesaid & avers that the accounts of the Executors remain still unsettled, owing to causes which it is wholly un- =necessary to detail in this answer, as a Suit is not pend- =ing in this Worshipful Court, between the Petr. & others Legatees of Lapslie as Plaintiffs & the Exrs. as aforesaid as Defts. &, the accounts therein involved were referred by rule of this Court at the _____ Sessions 1825, to Thomas Ruffin & John Scott requires, to report thereon, which said report has not yet been made, but which this Defts. informed & believes will soon be returns:-- This Deft. further answering admits that Petitioners were married some time in 1826, but expressly denies that the petitioner ["Nathaniel J." x-out] Palmer hath demanded, otherwise than by his said Petition, any rents of Lands or hire of Negroes or proceeds of the sale of said piney Land And this Deft. denies that said Palmer hath demanded [page 3] otherwise than by his Petition, any possession of his Wife's share of Land or Negroes: And this Defendant further answering avers that he hath always been ready & is now ready to account for all such rents of Lands & hire of Negroes as have come into his hands as Guardian & expressly denies that he has ever refused so to do; but this Deft. is advised & believes that the proper time to settle said accounts hath not yet arrived & he is also advised & believes that under the powers given to the Executors by the Will aforesaid this Deft. cannot safely deliver possession either of the Lands or Negroes in said Petition claimed: And this Deft. being solicitous to discharge the trust reposed in him by the Testator & not to render himself responsible in the premises, prays to act under the direction & in- =demnity of this ["Honorable" x-out] Worshipful Court, & therefore asks that the Will aforesaid be taken as a part of this his answer & particularly the following clauses of said Will:- towit. " I Give & bequeath to my two supposed daughters Lavinia Isabella & Louisa Jane Bryan the Western half of my tract of Land whereon I now live to be divided as aforesaid, to be rented out yearly for their support & maintenance, until my daughter Lavinia Isabella arrives to full age, then to be equally divided between them together with the Eastern part thereof after the death of my sister Elizabeth, after her decease to them & their heirs."- also in a subsequent part of the Will the following clause: towit. "I also give to my said two supposed daughters Lavinia Isabella Bryan & Louisa Jane Bryan four Negro slaves, towit Beck Paul George & Bob, together with Ben, Alfred & Ned after the death of sister Elizabeth & Sylvia after the death of their Mother Salley Bryan, to be equally divided between them, when the Eldest arrives of full age:" This Defendant further answering avers that the said Lavinia Isabella hath not arrived at full age nor will she do so, for several years to come & this Deft. shews to your Worships [page 4] that there are other parties to whom this Deft. is answerable as Executor, & to whom he is informed & believes he would render himself responsible in his own proper goods by complying with the request of Petitioners:-- And this Deft. hath here ready to produce to the Court or whomsoever yr. Worships may appoint to take the accounts, his vouchers for the same wheresoever this Worshipful Court shall deem it his duty to account under the directions of the Will as aforesaid, and this Deft prays to be hence dismissed with his Costs, in this behalf expended & as in duty bound he will every pray &c Willie Shaw Swears that the Contents of this Hugh Waddell Answer are true before me Solr, for Defts. J. Taylor CC [Estate Papers - Exceptions to Answer Nov 1828] November Term 1828 Nathaniel Palmer & his Wife Lavinia vs Willie Shaw & Louisa Jane Bryant The Petitioners except to the answer of Willie Shaw for insufficiency & uncertainty in this towit 1st: The petitioners allege that James Lapslie devised among other things as follows, "I give & bequeath to my execu- tor herein after named (towit Willie Shaw & Thomas Armstrong) my tract of piny land on the head waters & Eno & Back Creek to be sold together my stock of every description & after the payment of my just debts the residue of the money arising from the sale I give & be queath to my said two supposed daughters to be laid out in their education & support together with the hire of the negroes bequeath & given to my daughters aforesaid," that the testator at the time of his death was possessed of a very large stock which & the aforesaid land have been sold by the executors & the debts of the testator which were few & unimportant long since discharged with a part of the proceeds thereof. The defendant Willie Shaw is his answer admits the devise as above stated & that the testator's stock at the time of his death was large & avers that the executors sold the land & stock ac- cording to the powers given by the will & further avers that the debts of the testator instead of being few & unimportant were large & many & have not yet been paid - But the defdt does not state what was the value of the land & stock aforesaid or of any part thereof nor for what price the sale or any part thereof was sold neither does he specific the debts or even state there aggregate amount nor does he assign any reason why the same have not been discharged nor does he refer to any document or exhibit by inspection or examina- tion of which the said fact or any of them ["to" x-out] could be ascer- -tained [page 2] 2ndly The petitioners alledge[sic] that Thomas Armstrong has paid over & delivered to Willie Shaw as guardian of the petitioners Lavinia & Louis Jane Bryant all the assets of the said testator which came to the hands of said Thomas: The defdt denies in general terms that alle= gation of the petitioners but does not set forth what amount of assets have been delivered to him by said Thomas nor whether the said Thomas hath accounted with him as guar- dian for any assets which were possessed by the said Thomas 3rdly The defdt. does not state the amount of the hire of the negroes nor is any thing contained in his answer which [x-out] can lead to or assist in a discovery & ascertainment of the same --- 4thly The answer neither contain nor refer to any account of the real or personal estate in the possession of Willie Shaw as guardian of the petitioner Lavinia & Louisa Jane Bryant [Estate Papers - Petition for Account &c (undated)] Nathaniel J. Palmer & Wife } vs } Petition for Account &c Willie Shaw Guardian &c } This Case coming on to be head So far as relates to the Division of Land & Negroes mentioned in the Petition; and to the rents of said Land and Hire of Said Negroes, It is Ordered and Decreed that Division be made of Said Lands & Negroes agreeable to the Prayer of the Petition, and that Defendant pay to the Petitioners their moiety of the Rents of the Land and Hire of the Negros, Provided the Petitioner Nathaniel J. Palmer enter into Bond with Security in the Sum of Two thousand five hundred Dollars, payable to the Defendant Willie Shaw, conditioned to be void if the Petitioner shall deliver to the Defendant Willie Shaw the Negro Slaves allotted to him & wife in the said Division, And repay to the said Defendant the amount of rents & Hire which shall be paid to Him under this Decree with Interest, and also the Rents which may accrue The Petitioner Lavinia Shall live untill She arrives to the Age of twenty one Years, or Shall die before she attain such age; leaving Issue at her death; But if the said Lavinia Shall die before she arrives to the age of twenty one Years leaving no Issue at her death, then that the Petitioner Nathaniel J. Palmer ["Shall" x-out] Surrender up to the Defendant the Moiety of the Lands, Rents & Hire which may be allotted to him under this Decree, and also account for & pay unto the Defendant Such Rents & Hire as may hereafter Accrue from the Said Moiety of the Land & Negroes up to the Time of Said Lavinia's death before the age of twenty one or dying without Issue, deducting [x-out] a Reasonable Sum for her Maintenance & support And it is Ordered that James Clark esqr. John Paul James Faucett, James Clark /[x-out] & William Clark, be appointed [page 2] Commissioners, & Col. Joseph A. Woods be appointed Surveyor, to make Division of the Said Lands, and that the said Commissioners also divide the Negro Slave referred to in the Petition Agreeable to the Prayer thereof, & make Report to the next Court -- It is further Ordered that the Clerk of this Court ["be appointed" x-out] take an account of the rents of the Land & Hire of the Negroes up to the end of the present year, & report to the next Court [Estate Papers - Court Order Nov 1830] Orange County November Term 1830 Nathaniel J. Palmer & Wife } vs } Petition for Division &c Willie Shaw Guard. &c } It is ordered by the Court that James Clark Esq, William Clark, James Clark, Junr. James Faucett & John Paul or any three of them, be appoint Commissioners to divide the Negroes & report to next Court Test J. Taylor CC [Estate Papers - Division of Negroes 1 Jan 1831] State of North Carolina } Pursuant to the annexed order Orange County } to us directed from Orange County Court, November Term 1830 We have proceeded to di- vide the negroes mentioned in said order, and do divide and allot them as follows: viz Lot, Number 1. Consisting of Alfred of the value of Four hundred and fifty dollars, Bob of the value of four hundred and twenty five dollars Beck of the value of $325 and Ellen of the value of one hundred and fifty dollars amounting in all to the value of Thirteen hundred and fifty dollars -- To Lavinia I. Palmer Lot Number 2 Consisting of George of the value of Four hundred and fifty dollars Ned of the value of Four hundred and fifty dollars Polly -- of the value of three hundred dollars ________ and Virgil of the value of one hundred and fifty dollars amounting in all to the value of Thirteen hundred and fifty dollars To Louisa J. Lapslie [page 2] In testimony whereof the undersigned have hereunto set their hands and seals this the 1st day of January A.D. 1831 James Clark (seal) William Clark (seal) John Paul (seal)