Orange County NcArchives Wills.....Lipscomb, William March 10, 1858 ************************************************ 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 G, pages 469-471 Written: March 10, 1858 Recorded: Jul 1865 Testator: William Lipscomb [page 1, Loose Will, faded] In the name of God Amen Know all men by this presents that I William Lipscomb of Orange County and State of North Carolina being of Sound mind and Memory but considering the uncertainty of my Earthly Existance[sic] do make and constitute this my last Will and Testament in manner and Form as follows that is it say first that Executor herein after named shall pay out of my money and affects all my Just and Lawful Debts To Whom soever owing out of the of first moneys that may come in this hands as A part or parcel of my Estate then in the second place I confirm all the Gifts made to Charles Holeman and his wife Elizabeth Either by Deed or otherwise I also Give Charles Holeman and his wife Elizabeth their heirs of[sic] assigns after my Death two negro Slaves namely Roan and her Youngest Child Eliza With all of there[sic] future increase in the third place I confirm all the Gifts made to Joseph Woods and his wife Either by Deed or other wise I also Give Joseph Woods and wife Nancy theire[sic] heirs or assigns after my Death Two negro Slaves namely Lee and Emaly[Emily] first Daughter of Roan. In the fourth place I Give and bequeath to my Grand Son William Woods his heirs of[sic] assigns after my death that tractt of Land lying partly in Person County North Carolina and partly in Orange County North Carolina Known as the Holeman Tractt of Land whereon William Holeman late of Person Dyed Adjoining the Lands of James Holeman A. Gray Paul C Cameron and others containing Eight hundred and Twenty nine Acres More or less Fifthly I confirm all the Gifts made to John C Douglass and his wife Rachel my Daughter Either by deed or other wise and after my Death I Give to John C Douglass and his wife Rachel Their heirs or assigns Two negro Slaves namely Dan River Nancy and hir Daughter Fanny with future increase Sixthly I Give and Devise to my Grand Son William Lipscomb his heirs or assigns for ever after my Death Two negro Slaves Tom and Rasmus my sorrel mare Betsy and my shot Gun turn over [page 2] ~~ ~~ Brought over & continued Also the Sum of Eight Thousand Dollars in cash to be paid By my Executor out of monies which will come in hands of Executor from Bonds notes accpts due me as said Grand Sons William Lipscomb absolute property In the Seventh place I confirm all Gifts heretofore made to my son John D. Lipscomb Either by Deed or otherwise I also Give and Devise to my Son John D. Lipscomb his heirs or assigns for over[sic] after my Death five other slaves namely Peter Henderson Edom Green and Anderson the Miller together with all my stock of horses Muels[sic] Cattle hogs and Sheep all my house hold and Kitchen Furniture Mills and Every thing partaining there To three waggons all my Farming Toals of every Description three Log chains Two Cross Cut saws one Set of Black smith Tooles and the Crop on hand or which may be Growing at the time of my Death I Give to my Son John D Lipscomb the residue of Every thing that I am In possession of at the time of my Death which I have not specially named Either by deed or in this my last will and Testament or which will not be here after named -- and Lastly I have Constituted and appointed my son John D. Lipscomb my Lawful Executor to all Intents and purposes to Execute and carry out this my Last Will and Testament and According to the True Intent of the same and as A compensation For the Trouble and Expenses of attending to and car[r]ying out this my last Will and Testament that Executor John D Lipscomb retain out of moneys which may come in hands from my monied Afficts[Effects] as Executor five Hundred Dollars as a full Compensation for his Trouble and Expense for attending and settling this my Last Will and Testament I Give to my son John D. Lipscomb the Residue of Every Thing that I have not specifically [will book: "Specially"] named in this my last Will and Testament if any money should be collected more than will pay. Gran son William Lipscomb Eight Thousand dollars and Executor five Hundred I give said residue to John D Lipscomb I do mo[r]eover Declare this to be my Last Will and Testament Rovoking[sic] all others and Declaring them to be void above is whereunto I have set my hand & seal [page 3] In Witness where unto I have Set my hand and seal ---- this 10th day of March AD 1858 Wm Lipscomb Seal Signed in present of us P B Ruffin Jurat S M Link Jurat [Will Book Volume G, page 469] In the name of God Amen Know all men by this presents that I William Lipscomb of Orange County and State of North Carolina being of Sound mind and Memory but considering the uncertainty of my earthly existince do make and constitute this my last will and testament in manner and form as follows That is it say first that --- Executor hereinafter named shall pay out of my money and effects all my Just and lawful debts to whomsoever owing out of the of first moneys that may come in this hands as a part or parcel of my estate in the second place I confirm all the gifts made to Charles Haleman and his wife Elizabeth either by Deed or otherwise I also give Charles Haleman and his wife Elizabeth their heirs and assigns after my death two negros namely Roan and her Youngest Child Eliza with all of their future increase In the third place I Confirm all the gifts made to Joseph Woods and his wife either by deed or otherwise I also Give Joseph Woods and wife Nancy their heirs or assigns after my death two negro Slaves namely Gee and Emily first daughter of Roan. In the fourth place I Give and bequeath to my Grand son William Woods his heirs (of)[sic] assignes after my death that tract of land lying partly in Person County North Carolina and partly in Orange County North Carolina known as the Haleman tract of land whereon William Haleman late of Person died adjoin ing the lands of James Haleman A Gray Paul C Cameron and others containing Eight hundred and twenty nine acres more or less Fifthly I Confirm all the Gifts made to John C Douglass and his wife Rachel my Daughter either by Deed or other wise and after my [Will Book Volume G, page 470] death I Give to John C Douglass and his wife Rachel their heirs or assigns two negro Slaves namely Dan River Nancy and her Daughter Fanny with future increase Sixthly I Give and devise to my Grand Son William Lipscomb to his heirs or assigns for ever after my death two negro Slaves Tom and Rasmus my sorrel mare Bety and my shot Gun also the Sum of Eight Thousand Dollars in cash to be paid by my Executor out of monies which will come in hand of Executor from bonds notes accounts due me as said Grand Son William Lipscomb absolute property In the Seventh place I confirm all gifts heretofore made to my son John D. Lipscomb either by Deed or otherwise I also Give and devise to my Son John D Lipscomb his heirs or assigns for ever after my death five other slaves namely Peter Henderson Edom Green and Anderson the Miller together with all my stock of horses mules cattle hogs and Sheep all my house hold and Kitchin furniture Mills and everything partaining thereto three wagons all my farming tools of every description thee log chains two cross cut Saws one Set of Black smith tools and the crop on hand or which may be Growing at the time of my death: I Give to my Son John D Lipscomb the residue of everything that I am in possession of at the time of my death which I have not specially named either by deed or in this my last Will and testament or which will not be [blot out] hereafter named and lastly I have constituted and appointed my son John D. Lipscomb my lawful executor to all intents and purposes to execute and carry out this my last will and testament and according to the true intent of the same [Will Book Volume G, page 471] And as a compensation for the Trouble and Expenses of attending to and carrying out this my last will and Testament that == Executor John D Lipscomb retain out of monies which may come in hand from my monied efficts as Executor five Hundred dollars as a full compensation for his trouble and expenses for attending and settling this my last Will and testament: I Give to my Son John D Lipscomb the residue of Everything that I have not Specially named in this my last Will and testament if any money should be collected more than will pay. Grand son William Lipscomb Eight Thousand dollars and Executor five Hundred I give said residue to John D Lipscomb I do moreover declare this to be my last Will and testament revoking all others and declaring them to be void above is whereunto I have set my hand & seal In Witness whereunto I have Set my hand and seal this 10th day of March AD 1858 Wm Lipscomb Seal Signed in presince } of us } P B Ruffin S M Link Orange County Court July Term 1895 The Execution of the foregoing will was duly proved in open Court per minutes of Said Court Additional Comments: Will Book Volume G, pages 469-471 Recorded Jul 1865 Original, loose will is very, difficult to read, so in addition, the will book version is included. Note: The clerk who recorded the will book copy wrote lower-case "a" in place of "o" This appears to be simply bad handwriting and not a reflection of dialect, nor did this defect appear in the original will. These are transcribed as "o". Estate papers comprise 186 pages and are found in a folder labeled "Lipscomb, William (1866)". Many receipts and notes with various court proceedings to collect them, etc. "William Lipscomb died after the surrender in 1865" He was confined to home two or three years before his death. For Orange County, the surrender took place on 27 Apr 1865. By 3 Jun 1865 the Inventory of his estate, taken by John D Lipscomb was complete. John D. Lipscomb married 1) Susan Halman and married 2) Ann Woods on May 1865 to Ann Woods. He died 15 Oct 1874. Many of the estate papers concern William Lipscomb, son of John D. Lipscomb, and grandson of the testator. He was very sick in Oct 1862 serving in the CSA Army in Virginia. The testator wanted the grandson's father (John D.) to fetch him home. John D. refused. Joseph Woods, brother of John D.'s wife, went and fetched him home. There are depositions, stories, etc. If someone has interest in this lineage, a careful reading of these papers may be a good idea. Although the will, written in 1858, contains references to slaves, the testator died after the surrender in 1865, thus slaves were no longer property of the estate. 1850 US Census, North Carolina, Orange County, District 1, page 238 William Lipscomb, 64m, Farmer, RE$4,500, born VA John Lipscomb, 33m, Farmer, born NC Susan Lipscomb, 30f, born NC William Lipscomb, 8m, born NC, Becca Lipscomb, 6f, born NC; Margaret Lipscomb, 3f, born NC; Thomas Lipscomb, 6/12, born NC [Estate Papers - Inventory 3 Jun 1865] An Inventory of the personal Property belonging to the Estate of William Lipscomb Sr. decd. which came to the hands of John D. Lipscomb his Executor taken the 3rd of June 1865 [2 pages of sundry articles omitted] Also the following Negroes Viz: Edem Erasmus Peter Green Emily Thomas Nancy Eliza Frannie Martha Smith Mary Rowan Anderson [Estate Papers - Statement by Soleman Allen 1 Nov 1876] Statement of Soleman Allen to be read in evi= dence in the case Lipscomb Woods pending in Orange Superior Court as agree upon below. Soleman Allen having been duly sworn States as follows. That he married Narcissa Woods daugh= ter of James Woods late of Orange County who removed to Wake County and died there ["last" x-out] in Oct 1875; That Levin C Gray married her sister Mary R Woods. That their brother Lambert Woods son of said James Woods was Killed in the battle of Seven Pines in 1862, never having been mar= ried, leaving his said two sister and his brother James Woods Jr his only heirs at law: and James Jr was Killed in battle in 1863 at Malve[r]n Hill, intestate and never having been married. That James Woods gave to John D Lipscomb of Orange County a note for $1200 as guardian of his own children bearing date Feby 15th 1858 with Jno P. H Russ his security. In 1867 John Lipscomb was pressing Mr. Woods for the payment of said note and in order to pay in the following arrangement was mane between the parties John Lipscomb was anxious to get a tract of land in Orange County which had belonged to said Lambert Woods to settle his daughter Re= becca upon who has married a Mr. Russell [page 2] And after some negotiation among the parties, the following agreement was entered into and carried into execution: Solomon Allen & wife and Levin C Gray & wife were to make deeds for said ["Levin" x-out] Lambert Woods Land to John D Lipscomb, which he agreed to take in full satisfaction and payment of his said $1200 note on James Woods with the interest upon it. And said James Woods induced his two daughters and their husbands to execute said deeds to Mr. Lipscomb by promising to convey to them other lands in Wake County in the place of their said Lands inherited from their brother Lambert. And another part of the arrangement was this James Woods had claimed that he was the heir at law of his son Lambert and had acted under that belief and took the possession of ["his" x-out] Lambert's tract of land and held it for some three years as owner and ac= tually made a deed for it to his daughter Mrs. Mary R Gray. And the said James Woods declared that he would not enter into the arrange= ment with Mr Lipscomb or do any thing to induce his daughters and their husbands to do it, unless John D Lipscomb would re= [page 3] lease said James Wood[s] from all responsi= bility as surety ["for upon a note" x-out] for Joseph Woods upon a note for $1000 which said Woods had executed to William Lipscomb Sr father of said John D. Lipscomb. Which release was executed by said John D Lipscomb as executer[sic] of his father William Lipscomb, which bears date 25th of September 1867, and was exhibited to this affiant and his brother in law Levin C Gray, upon the return of said James Woods from Hillsborough where the same was executed by Mr. Lipscomb. And the said James Woods did convey to his said two daughter Land to their satisfac= tion to Wake County in the place of the Lambert Woods Tract And this witness is the absolute sole owner of of[sic] the part conveyed to this wife by deed from her Subscribed & sworn to before me the 1st Nov 1876 x Sol. J. Allen Geo Laws ClC It is agreed that the above statement of Solemen J. Allen shall be read in evidence for the defendant in the trial of the suit of William Lipscomb against Joseph Woods now pending in Orange Superior Court subject to legal excepting to incompetency --- and pro= vided also the plaintiff shall agree to its being used as evidence Jas. A. Graham Atto for Plff Norwood & Webb Atts for Deft [Estate Papers - Deposition, answers by Ann Lipscomb, widow of the testator, 3 May 1876, by A. K. Umstead, JP] Quest 7 Did not Wm Lipscomb senr [the testator] give Wm Woods, Sr of Joseph a negro boy called "Jim Lee", after Wm. Lipscomb Jr. was brought home from the Army? He did not Jim Lee was willed to Thomas Lipscomb as I understand it. [Note: Thomas Lipscomb is not a legatee, and no slave by this name is mentioned in the will] 10 What was the worth of the negro boy "Jim Lee"? Was he not worth $1000.00? I do not know what he was worth. 11 Was not his negro boy given in consideration of the service rendered by Joseph Woods. He was not.