Orange County NcArchives Wills.....Nicholson, Archibald August 8, 1821 ************************************************ 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 612-614 Written: August 8, 1821 Recorded: Nov 1821 Testator: Archibald Nicholson In the Nane[sic] of God Amen I Archd. Nicholson Living in the State of North Carolina in Orang[e] County Being Weak in Body but of perfect Mind and Memory Thanks begiven unto God the giver of all Good Blessings Collecting to Mind the Mortallity of my body And knowing that it is Ap[p]ointed For all Men once to Die and do Make Ordain this My Last will and testament that is to Say principally and First of all I gave and Recommend My Soul in the hands of Almighty God Who gave Me First my body I Recommend it to the Earth to be Bured in a Decent Christian buriel at the Descreation of My Exac utors and as such World[l]y Good[s] and Estate Wharewith ite Hath pleased God to Bless me with in this Life First of all I gave and Dispouse of the Same in the Following Manner and Form of Ano Dom . . . . . . . . . . . . First I gave to my Daughter Dilieh Davis Nicholson One Negro Man Named Ben one Negro Gal Named Jude one Bed and Curtains Secondly I gave to my Daughter Caty Davis Nicholson One Negro Boy Named Pomp one Negro Gal Named Grace [page 2] [top of page not legible. Taken from will book copy] Thirdly I gave to my daughter Nancy Nicholson [end of missing section] One Negro Gal Named Cate ------------- Forthly I gave to My Daughter Sucky Manus ten Shillings in Money ------------- Fifthly I gave to My Grand Son Young Antony ten Shillings ------------- Sixt[h]ly and Lastly Then All the Rest of my property Land Household and Chitchen Furneture Horses Cattle Hogs Sheep and Crop plantation Working Too[ls] Negros Rose and Dick is to Be Sold And then After paying My Just Dets out of that property then Ballenc is to Be Equally Devied AMounghst the Hole of my Crildren Dilcy Davis Nicholson and Caty Davis Nicholson Nancy Nicholson and Sucky Manus ["N" x-out] and My grand son Young Antony ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ And all that appertains to me Whereunto I Archd Nicholson For Further Testimony Hath Affix[sic] My Own Hand and Seal this 8 Day of August in the year of our Lord God 1821 Test Archd Nicholson [page 3] [top of page not legible. Taken from will book copy] After this I appoint my Exacutors [end of missing section] George Foegalmon and David Foegalmon To be My Exacators[sic] to My Last Will and Testament Orange County Court of Pleas & quarter Sessions November Term 1821 The within Last Will & Testament of Archibald Nicholson late of said County deceased was duly proved in open Court by the Oaths of Delilah Nicholson & George Fogleman & by the Oath [of] William Clendennin, Joseph Murray & John Marshall: The said Delilah & George making Oath, that after the death of the said Archibald the said Will was by them found in a Desk in the house of the deceased with & among his Deeds, Bonds and his other valuable papers; and the said Delilah & George further making oath & also the said William, Joseph & John making oath that the said Will & paper writing & every part thereof as well as the name thereto subscribed is in the proper handwriting of the said Archibald deceased; that the said hand writing is generally known by the acquaintances of the said deceased & by themselves respectively, as they have often seen him write. The Court considering all the said witnesses credible doth there fore adjudge the same to be the Last Will & Testa -ment of said Archibald deceased &, as such, doth order the same to be recorded, Whereupon George Fogelmen & David Fogleman qualified as Executors thereof according to Law Test [Will Book Volume D, page 612] In the Name of God Amen I Archibald Nicholson living in the State of North Carolina & Orange County being Weak in body but of perfect mind & memory Thanks be given unto God the giver of all good blessings Collecting to mind the mortality of my body & knowing that it is appointed for all men once to die, do make & ordain this my Last Will & testament that is to say principally & First of all I gave & recommend my soul in the hands of Almighty God that gave it first my body I recommend it to the Earth to be buried in a decent Christian burial at the discretion of My Executors and as such worldly Goods & Estate wherewith it has pleased God to bless me [with] in this life first of all I give and dispose of the [Will Book Volume D, page 613] same in the following manner & form of Ano Dom -- First I gave to my daughter Dilieh Davis Nicholson one negro man Named Ben one negro girl named Jude one bed & cur =tains -- Secondly I gave to my daughter Caty Davis Nicholson one Negro boy named Pomp one negro girl named Grace Thirdly I gave to my daughter Nancy Nicholson one negro girl named Cate -- Fourthly I gave to my daughter Sucky Manus ten Shillings in Money --- Fifthly I gave to My grandson Young Antony ten Shillings Sixthly & lastly Then all the rest of my property Land house hold & kitchen furniture, Horses, Cattle, Hogs, Sheep & Crop plantation working tools, Negroes Rose & Dick is to Be sold & then after paying my just Debts out of that property then the balance is to Be equally Divided amongst the whole of my Children Dilcey Davis Nicholson & Caty Davis Nich =olson Nancy Nicholson & Sucky Manus & my grandson Young Antony -- And all that appertains to me where unto I Arch Nicholson for further Testimony Hath affixed my own Hand & Seal this 8th Day of August in the year of our Lord God 1821 -- After this I appoint my Ex ecutors George Fogleman & David Fogleman to be my Executors to my last Will & testament Archd. Nicholson Orange County November Term 1821 The Execution of the foregoing last Will & testament of Archibald Nicholson late of said County deceased was duly proved in open Court by the Oaths of Delilah Nicholson & George Fogleman & by the Oath of William Clendennin, Joseph Murray & John Marshall: the said Delilah & George making oath that after the death of the said Archd. the said Will was by them found in a desk in the house of the deceased with & among his Deeds, Bonds & his other valuable papers & the said Delilah & George further making oath & also the said William, Joseph & John making oath that the said Will & paper writing & every part thereof as well as the name thereunto subscribed is in the proper hand writing of the said Archibald deceased that the said hand writing is generally known by the acquaintances of the said deceased & by themselves respectively as they have often seen him write. The Court considering all the said witnesses credible doth therefore adjudge the same to be the Last Will & Testament [Will Book Volume D, page 614] of said Archibald deceased & as such, do order the same to be recorded. Whereupon George Fogelmen & David Fogleman qualified as Executors thereof according to Law Test Additional Comments: Will Book Volume D, pages 612-614 Recorded Nov 1821 The text of the will appears to be the same handwriting as the signature of the testator. No witnesses signatures on the will, so a court proceeding and an affidavit was necessary before this could be admitted to probate. Estate Papers comprise 51 pages and are found in a folder labeled "Nicholson, Archibald (1822)". The hire of the enslaved persons listed in the will is mentioned here. Jude's name is also written Judith [Estate Papers - Deposition of Elizabeth Vestal 10 Feb 1834] State N.Carolina} Orange County } In pursuance of the annexed Com- -mission to us directed we have caused Elizabeth Johnston to appear before me at the House of Michael Holts in the County of Orange state aforesaid on the 10th day of Feby A.D. 1834 and she being duly sworn to depose the Truth the whole Truth and nothing but the Truth Touching a certain matter of controversy dipending in the County Court of Pleas & quarter Sessions for Orange County State aforesaid Wherein Young Anthony is plaintiff and George Fogleman is Defendant --- did depose and say as follows to wit --- That I was present before my second marriage when my named was Vestal when George Fogleman made a payment to Young Anthony as a Legatee of the estate of Archibald Nicholson decd. I wrote the paper writing dated the 26 day of August A.D. 1824 and omited inserting the sum of money pad in the face of the paper writing but backed the same with the sum of eighteen Dollars and from the circumstance I believe the sum of money pad was eighteen Dollars --- Question by the Plaintiff Young Anthony - Are you not able to attend Court as a Witness Answer - I am not able to attend Court with Convenience owing to delicate Health -- further this de- -ponant sayeth not Sworn to this 10th day of Feb A.D. 1834 Mich. Holt J.P. (seal) Elizabeth Johnson