Orange County NcArchives Wills.....Nial, Martha August 29, 1797
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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
Written: August 29, 1797
Testator: Martha Nial

       I Martha Nail Widow of Robert Nial Decd.
Late of the County of Orange ["County" x-out] in the state of North
Carolina Farmer Mindfull of the uncertainty of human life
& being at present of sound mind and memory Do hereby make
and Declare this my Last Will and Testament Revoking all others
by my formerly made

That my Funeral Expenses and such Just Debts as I may owe
at my Decease being paid out from such Estate Real & personal
as I may Dye seised of & possessed of my Disire is that the Residue
of my Estate That is It is my will and Disire that the molato [mulatto]
girl Named Sally now a girl of the age of seven years or thereabouts
which fell to my share in the Division of my late husband's
Estate Shall at my Death or Eighteen years of age which may
first hap[p]en be liberated and set free together with her Is[s]ue
should she have any and for this purpose I do ordain my
Soninlaw Daniel Cloud in full Trust to apply in her behalf
to the County Court of Orange to have her liberated & sett free
for Services Rendered to me in my lifetime However should
said Court Contrary to my wish & Disire Refuse to set her free
in Such case I Devise & bequeath all my Right & title and
property in and to said molato girl Named Salley & her
Isue to my soninlaw Daniel Cloud for the full purposes so mentioned
when it can be Efected in Law, Never to Revert to my heirs in
any future Instrument that I may Right[write] or cause to be Wrote
in future witness wher[e]of I hareunto afixed my hand & seal in the
year of our Lord one thousand seven hundred & Ninety seven 29 Day
of the 8 month

Jonathan Lindly                              her
Thomas Lindly                         Martha (O) Nial (seal)
                                             mark

Additional Comments:
Not recorded in any will books

This will is very faded and difficult to read.  This transcription assumes modern spellings, unless a different spelling was clearly used.

Estate Papers comprise 40 pages and are found in a folder labeled "Nail, Martha (1808)".  Daniel Cloud was appointed administrator 1 Mar 1804 Levi Whitted was later appointed administrator of this estate.

Daniel Cloud married Ann/Anne Mooney in 1771.

From the estate papers it appears that Sally was not set free, but continued to be treated as property.

This is a paper attempting to free a slave, not a will, though
it is endorsed on the back "Martha. Nial's will". The spelling
is confusing, in the body of the instrument it is spelled Nail,
the signature is MARTHA x NIAL, the paper is indexed in the Archives as NEIL Z
"I, Martha Nail, widow of Robert Nail late of Orange County,
N.C. "frees her slave Lucy and her issue" if the law allows
it" her son-in-law is to attempt to handle the matter if
the instrument itself is not sufficient. Lucy is to be no part
of her estate in any future will she (Martha) makes.
son-in-law: Daniel Cloud.
Witnesses: Jonathan Lindly Thomas Lindly
signed: Martha x Nial
Dated 29 (month not clear) 1797, date of probate not shown.

[Estate Papers - Petition Aug 1806]

State of North Carolina }
   Orange County        }    August Term 1806

                        To the Worshipful the Court of
Pleas and Quarter Session for the County of Orange
aforesaid
            The Petition of Daniel Cloud and Anne
his wife, against Levi Whitehead Administrator
of all and Singular the good and Chattels, rights
and Credits of Martha Nails deceased.
                               Humbly Sheweth
That Your Petitioner Anne was the Daughter of
Samuel Mooney who departed this life intestate on
or about the ____ day of ____ in the year
of our Lord 1764 leaving his Widow and
relict, Martha Mooney, the Mother of the
Petitioner, the said Anne among other children
That your Petition the said Anne inter=
married with you Petitioner the said Daniel
on or about the ____ day of ____ AD 1771

That the said Martha the Mother of your
Petitioner Anne intermarried on or about
the ____ day of ____ AD 1769 with one
Robert Nails who afterward departed this life
Intestate on or about the ____ day of AD 17

That the said Martha Obtained Administration
of the goods and Chattels Rights and Credits of the
said Robert in conjunction with her daughter
Sally Nails, now Sally Whitehead, who as your
Petitioner is informed and believes possessed them=
themselves[sic] of all the Personal Estate of the
said Robert, and Administered, and distributed

[page 2]
or in some manner divided the same among
such of the representative of the said Robert as
were or might be intittled thereto ~~ That after=
=ward, to wit on or about the ____ day of ____
AD 1803 the said Martha, the widow and Relict
of the said Robert deceased departed this life
intestate, whereupon the aforesaid Levi Whitehead
obtained Administration of the goods and Chattels
Rights and Credits of the aforesaid Martha, at
a Court of Pleas and Quarter Sessions held for
the County of Orange aforesaid in May Term 1804
and took into his possession all the personal
property of the said Martha deceased consisting
of a Negro Girl named Sally, about 14 or 15 years
old - A Sock of Cattle, Hoggs - Sheep, House=
=hold furniture and divers other articles
property which in the Inventory annexed will
appear as far as your Petitioners are able
from the said Inventory returned to make
appear at present, to which they reffer this
Worshipful Court - That they proceeded to Sell
and dispose of the same, at Public Sale on
the 22d June following as appears also by
the amount of sales returned a Copy of what is
likewise annexed to this Petition -- Your Petitioners
further alledge, and Particularly charge that the
Intestate Martha was possessed for Considerable
Sum of Money on hand at the time of her
death, beside Notes at Interest; not brought
into the said Inventory, or accounted for which

[page 3]
came to the hands and possession of the said Levi
at or about the time of her death or thereafter
to the Amount of One thousand pounds, or some
other considerable sum, the particulars of which
the said Levi refuses to discover, all which
cash on hand, produce of sales, and other
property of the said deceased the same Admr.
aforesaid, hath not sold and distributed as by
the Act of Assembly and Laws for the distri=
=bution of Intestates Estate he ought to have
done altho two years hath elapsed since the
granting to him the said Letters of Administration
aforesaid; Notwithstand[ing] he well knows that
your Petitioner Daniel; in right of his wife
Anne is intittled to one Sixth of the ???
Personal Estate of the said Intestate, the
Same being distributable among your Petitioner
Daniel in right of his wife Anne aforesaid
Elizabeth Richardson, Mary Harvey, Martha
Ellmore daughter and only Child of Rachel
Ellmore deceased, Henry Nails, and Sarah
Whitehead Sons and Daughters, and Grand
daughter of the said Martha deceased ~~

Your Petitioners therefor pray that the
Said Administrator Levi, aforesaid may
True Full and Perfect Answer make
on oath to all and Singular the Premises
in this Petition Charged and Contained

[page 4]
and they he may be compelled as your Worships
shall direct to Set forth what personal Estate
of the Said Martha came to his hands either
in money or otherwise, and the Values of
those, articles if Any contained in the
Inventory, and Kinds specifically, how much
money there was and what sort of money
gold, Silver, or Paper on hand? In what
manner he hath particularity Confessed of the
Negro Girl Sally before mentioned, of the pro=
=perty of the said Martha deceased, and for
what Sum, and to whom, and what for, &
In what capacity, of he has confessed of the said
Negro, did he do it? Whether he hath made
Any distribution of the said Estate, it so
to whom and in what manner and how much
to each person? - And your Petitioners pray
that the said Levi may by order of this
Worshipful Court be Compelled to Account
for, and make distribution to the said
Estate, According to Law, And that he
may be adjudged and decreed to pay to
your Petitioner Daniel in right of his wife
Anne aforesaid, the just and true propor=
=tion he may be found intittled to out of
the Same; & that your Petitioners may
be relived in the premises in such

[page 5]
such other and Further manner as the
???  Justice of their Case may require &c
May it please your Worships to
grant your Petitioners Summons to
inforce the Said Levi's full and perfect
Answer to each and every charge and
allegation in the said Petition Contained
as compleatly as if the were repeated over
again and interogated & your Petitioners
& will Pray &c
                Daniel Cloud
                &
                Anne Cloud

           By
               R Bell pro Compl

[Estate Papers - Amended Petition Feb 1807]

State of North Carolina }  February Sessions 1807
     Orange County ~~~  }
                        The Ammended Petition of
Daniel Cloud and Anne his wife, to the Petition
of the said Daniel, and Anne his wife, filed
at _______ Session held for the County
aforesaid against Livi Whitehead &c Administrator
&c of Mary Nails deceased
                     Sheweth
                       That your Petitioners
having filed their petition in their own name
at the Court of Pleas and Quarter Sessions for
the Conty aforesaid, wherein , by way of de=
=monstating their own right, they shewed
that others were equally intittled to a distributive
share of the said Estate with themselves, who
your petitioners did not make parties, with
themselves in the said petition from a
well grounded assurance, that they had
been compensated for their portion of the
said Estate, or had combined or would
combine with the Defendant to perplex
& harrass your Petitioners in pursuit of
of[sic] their own distributive share by
collusive pretensions of satisfaction &
disinterestedness on that account for
which omission, the Defendants Council

[page 2]
Demurred for want of property parties
Whereupon, your petitioners Council joined in
Demurrer, and at this Session (towit) February
Session the said Demurrer came on to be
argued, upon which Argument the Court
were of opinion that the Demurrer was
good, and allowed the same, with Costs
against your Petitioner, and gave your
Petitioners leave to Amend by adding &
parties. You Petitioners therefor, in
pursuance of the judgment of the said
Court in this behalf do Amend their
said Petition ["may be deemed, hat &" x-out]
["stand Amended" x-out] by making the following
persons (to wit) Caleb Harvey & Mary his wife. Isaac
Richardson and Elizabeth his wife Henry Nail [x-out]
[x-out] & Martha Elmore daughter of Rachel Elmore
             Parties thereto as Plaintiffs in
the Said Petition, and pray that your Worships
will order and decree that distribution be
made agreeable to Law of the said Estate
Among you Petitioners and the Parties
made by this Ammended Petition &
that your Worships will decree that the
sd. Levi as Administrator aforesaid pay
to your Petitioners what may

[page 3]
appear to be justly due to your Petitioners
the said Daniel Cloud and Anne Cloud
his wife and your Petitioners &c
              Will &c
                    Daniel Cloud
                    Anne Cloud
                         by
                    Robert Bell
                    Atty for Pltffs