Orange County NcArchives Wills.....Palmer, Martin July 26, 1831 ************************************************ 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 358-362 Written: July 26, 1831 Recorded: Aug 1835 Testator: Martin Palmer I Martin Palmer of the County of Orange & State of North Caroline being of sound & disposing mind & mem= ory do make & publish this my last will & testament this the 26th day of July A.D. 1831 Revoking and annulling all wills heretofore made by me. 1st I direct my executors to pay all my debts as soon as convenient after my death, out of the sale of my perishable estate debts due me & moneys on hand, & the sale of Peter: & after the payment of my debts this fund to be held & applied as hereinafter directed by my will - but I express- ly except from the payment of my debts the price of any of the negroes willed for the benefit of Mrs. Peacock, 2nd After my debts are paid I leave & bequeath one half of the said fund to William Huntington & Thomas Clancy for the maintenance & support of my son William Palmer, when he shall become unable to support himself & this will keep the principal or so much thereof, as can be spared from his maintenance at interest & at the death of my son William the said Trustees will equally di vide among his children whatever may remain unexpen- ded of this portion provided for his maintenance and any of his children be dead leaving lawfull issue such[said?] issue will stand in the place of & represent the deceas ed parent in the division To my son William himself I leave one dollar, as he has been already fully advan- ced out of my estate. 3rd I likewise leave to the said William Huntington & Thomas Clancy Trustees, the other half of the fund to be raised under the first clause of my will, after their [page 2] payment of my debts & also negro Ireland, I also give and devise to them as trustees, the house out houses and improvements where I now live with ten acres of land to be laid off by themselves, to have and to hold the said land outhouses, dwelling house & improvements - & the said money in trust for the benefit of my son James Palmer & for the natural life of the said James only: and I will & di rect that the shall permit the said James to reside in the said dwelling house & to have the use of the outhouses & the ten acres of land during his life, with leave to get fire wood & timber during his life off of any of the wood land convenient, And the they will use the money for his maintenance and support according to their best discretion. But I do hereby expressly and particularly charge all the property thus left for the benefit of my said son, with the payment of the debts due to Alfred Jones, which I direct my executors to pay out of it, within three months after my decease, And I will & direct that wha[t]ever shall remain of this fund unexpended at the death of my said son James, may be equally divided among his children, And should any of his children be dead leaving lawful issue then such issue to represent their parent To my son James himself I leave one dollar as he had already been ad vanced by me to the full amount of his share of my estate 4th To my daughter Mary & her husband Roswell Huntington, I have already given by way of advance ment one negro woman named Dilce & her children [page 3] I do hereby confirm the gift of the said Dilce & all her children & descendants to them in full of their share of my estate 5th To my daughter Sarah and her husband John Ras- berry, I have heretofore given by way of advancement one negro woman named Grace & her children: I do here- by confirm unto them the gift of the said Grace and all her children & descendants; in full of their share of my estate 6th To my friend William Huntington & his executor I give & bequeath the following negroes & their present & fu- ture increase (viz) Sara now in possession of my son in law Thomas Clancy negro man Jacob, Patt Cynthia (the one formerly owen[owned] by Joseph Stubbins) & also Hannah Grace & Polly her child, bought of Sheriff Watts, for the sole and separate use of my daughter Nancy Clancy wife of Thomas Clancy for & during her natural life, free from the control of her said husband or any liability for his debts: & the said trustee is hereby directed to permit my said daughter Nancy, to have the possession of the said negroes if she desires it; other wise to hire them out from year to year & pay over the pro- ceeds to the said Nancy, taking her receipt for the same: And upon the death of my said daughter Nancy Clancy, I give & bequeath the said negroes together with their present & future increase to her children & their descendants to be divided among them as the said Nancy & her husband Thomas Clancy if then alive may direct - & if no such di- rection be given - then to be divided with their said [page 4] increase at the death of the said Nancy equally among her children, & if any of the be dead leaving lawful issue then such issue to stand in the place of & represent their pa= rent. 7th I give & bequeath to my friends William Huntington & Thomas Clancy a negro woman by the name of Milly together with her present & future increase, Peter excepted, in trust for the sole & separate use of my daughter Elizabeth Peacock, wife of Richard Peacock du- ring her natural life, free from the control of the said Peacock or liability for his debts: and the said trustees are directed to permit the said Elizabeth to have the pos- session of the said negroes - or they shall hire them out or sell them as they may deem most advisable and pay over the money for the use of the said Elizabeth, as her necessities may require, & take a receipt from her for moneys so paid should I sell any of the said negroes during my life. I leave the proceeds of such sale to my trustees for the use of my said daughter Elizabeth as above and upon the death of my said daughter Elizabeth Peacock, the said Trus- tees are directed to sell the said Milly & all her descend- ants & divide the proceeds among the children of the said Elizabeth if she should leave any - if none then among all my children & the children of such of them as may be dead such children ["resemble" x-out] representing their deceased parents And should the negroes be converted into mo- ney, the money to be divided in the same manner. But I expressly exclude my daughter Temperance Faucett and her husband and John Faucett & their issue from all partici- [page 5] pation in the said negroes or their proceeds. 8th To my daughter Agnes & her husband Henry G. Parish I give & bequeath the following negroes (towit) Dennis, Lewis Eliza and their mother Sylvia & the present & fu- ture increase of Sylvia. I also give devise and bequeath to my daughter Agnes & her husband Henry G. Parish the south side of the plantation whereon I now live (sub- ject to the divise of a part thereof already made to Wm. Huntington & Thomas Clancy during the life of my son James Palmer beginning at a black oak tree on Stubbs line, running so as to include the dwelling house and Barn agreeably to a dividing line which has been run and marked by Colo Hugh Mulhollan between my daughters Agnes & Temperance, containing about one hundred and forty acres. To have hold use and enjoy the said tract of land (subject to the devise aforesaid) & negro slaves herein before mentioned, to her the said Agnes & her hus- band the said Henry G. Parish, bequeathed and devised to them, for and during the term of their na- tural lives, & at the death of the surviving one of them the said land & negroes & their present & future increase (which the said Agnes & her husband hold during their lives & the life of the surviving one of them) shall be equeally divided among their children if any there be, the children of such of them as may be dead represen- ting their deceased parent; but in the event of their being no child or children then surviving of the body of the said Agnes, then my will & desire is, that the land and negroes herein devised and bequeathed to my [page 6] said daughter Agnes & her husband Henry G. Parish be equally divided among all my children their heirs & repre- sentatives, except my daughter Temperance & her husband John Faucett & their heirs & representations. 9th I give & bequeath to William Huntington & Thomas Clancy & the executor of the survivor, the north side of the plantation whereon I now live, agreeably to the dividing line before mentioned run by Col. Mulhollan between my daughters Agnes & Temperance & Contain- ing by estimation one hundred & seventy nine acres (subject to the bequest in favor of my son James Palmer) together with the following negroes Sam, Clem, Cynthia & Franky & child Caroline with their present & future increase the said property both real and personal I give to the said Thomas Clancy & William Huntington & the survivor & the executor of the survivor ["for th" x-out] in trust for the sole use[?] & benefit of my daughter Temperance Faucett wife of John Faucett, during the term of her natural life - free from any control of her said husband or any liability for his debts And the said Trustees are directed to hire out the said plantation & negroes from year to year & pay over to the said Temperance Faucett so much of the proceeds as they may think proper taking her receipt for the same And after the death of the said Temperance I give & bequeath the said lands & negroes to the children of the said Temperance equally to be divided among them & if any of them should be then dead leaving issue lawfully be- gotten, such issue to stand in the place of their parent But if the said Temperance should die without leaving [page 7] any children or the issue of such, lawfully begotten then & in that case I give the said land & negroes to the rest of my children equally to be divided among them. It is further my will & pleasure that upon the death of my said daughter Temperance, leaving children or the issue of such as before described, if any of the said children be under age, that the said trustees continue to hire out the said lands and negroes for the benefit of said Children until the youngest comes of age or marries when the division is to be made 10th And to prevent any of my children from coming to absolute want, not withstanding the provisions herein made for them I leave negro boy Jim to my execu- tor ["& such other prop" x-out] to be hired out by them from year to year or sold at their discretion & the proceeds to be applied to the most needy of my children by my executors as they may think best: & I direct my executors to bring suit for Julia one of the negroes be- queathed for the benefit of Elizabeth Peacock I appoint Thomas Clancy & William Hunting- ton Executors of this my last Will & testament Signed sealed published & declared by the said Mar- tin Palmer in presence of J. W. Norwood } Martin Palmer (seal) James Faucett } Tho. Clancy qualifd as Exr [Will Book Volume E, page 358] I Martin Palmer of the County of Orange and State of North Caroline being of sound & dispos =ing mind & memory do make & published this my last will and Testament this the 26th day of July AD 1831 Revoke =ing and annulling all wills heretofore Made by me. ----- 1st I direct my Executors to pay all my debts as soon as conv- =enient after my death out of the sale of my perishable ["property" x-out] estate debts due me & moneys on hand & the Sale of Peter & after the payment of my debts this fund to be held & applied as here[in]after directed by my will but I expressly except from the payment of my debts the price of any of the negroes willed for the benefit of Mrs. Peacock 2nd After my debts are paid I leave & bequeath one half of the said fund to William Huntington & Thomas Clancy for the maintenance & Support of my Son William Palmer when he shall become unable to Support himself & they will keep the principal or so much there of as can be spared from his maintenance at interest & at the death of my son William the said Trustees will equally divide among his children whatever may remain unexpended of this ["property" x-out] portion provided for his maintenance And any of his children be dead leaving lawfull issue said issue will Stand in the place of & represent the deceased parent in the division To my Son William himself I leave One dollar as he has been already fully advanced out of my estate. 3rd I likewise leave to the said William Huntington & Thomas Clancy Trustees, the other half of the fund to be raised under the first clause of my will after their payment of my debts & also negro Ireland, I also give and devise to them as trustees the house out houses and improvements where I now live with ten acres of land to be laid off by themselves to have [and] to hold the said Land out houses, dwelling house & improve =ments & the said money in trust for the benefit of my son James Palmer & for the natural life of the said James only and I will & direct that the shall permit the said James to reside in the said dwelling house & to have the use of the out houses & [orig: the] ten acres of land during [Will Book Volume E, page 359] his life with [orig: leave] to get fire wood & timber during his life off of any of the wood land convenient And the they will use the money for his maintenance and support according to the best discretion But I do hereby expressly and particularly charge all the property thus left for the benefit of my said son, with the payment of the debts due to Alfred Jones which I direct my Executors to pay out of it within three months after my decease And I will & direct that whatever shall remain of this fund unexpended at the death of my said son James, may be equally divided among his children & Should any of his Children be dead leaving lawful issue then such issue to represent their parent To my son James himself I leave One dollar as he had already been advance[d] by me to the full amount of his share of my estate 4th To my daughter Mary & her husband Roswell Huntington I have already given by way of advancement one negro woman named Dilce & her children I do hereby confirm the gift of the Said Dilce & all her Children & descendants to them in full of their share of my estate 5th To my daughter Sarah and her husband John Rasberry, I have heretofore given by way of advancement one negro woman named Grace & &[sic] her children: I do her[e]by confirm unto them the gift of the said Grace and all her Children & descendants in full of their Share of my estate 6th To my friend William Huntington & his executors I give and bequeath the following negroes & their present ["issue" x-out] & future increase (viz) Sara now in possession of my Son in Law Thomas Clancy negro man Jacob Patt Cynthia [orig: Cynthia] (the one formerly own by Joseph Stubbens) & also Hannah Grace & Polly her child, bought of Sheriff Watts, for the sole and separate use of my daughter Nancy Clancy wife of Thomas Clancy for & during her natural life free from the Control of her said husband or any liability for his debts & the said trustee is hereby directed to permit my Said daughter Nancy, to have the possession of the said negroes if she desires it otherwise to hire them out from year to year & pay over the proceeds to the said Nancy, taking her receipt for the same and upon the death of my said daughter Nancy Clancy, I give and bequeath the Said negroes together with their present and future increase to her Children & their descendants to be divided among them as the said Nancy & her husband Thomas Clancy if then alive May direct & if no such direction be given then to be divided with their said increase at the death of the said Nancy equeally among her Children, & if any of the be dead leaving lawful issue then such issue to stand in the place of & represent their parent 7th I give & bequeath to my friends William Huntington & Thomas Clancy a negro woman by the name of Milly together with her present & future increase Peter excepted in trust for the sole & separate use of my daughter Elizabeth Peacock, wife of Richard Peacock during her natural life free from the Control of the said Peacock or liability for his debts and [Will Book Volume E, page 360] the Said trustees are directed to permit the Said Elizabeth to have the possession of the said negroes or they Shall hire them out or Sell them as they may deem most advisable and pay over the money for the use of the said Elizabeth as her necessities may require, & take a receipt from her for moneys so paid should I Sell any of the Said negroes during my life I leave the proceeds of such sale to my trustees for the use of my said daughter Elizabeth as above And upon the death of my said daughter Elizabeth Peacock the said Trustees are directed to Sell the Said Milly & all her descendants & divide the proceeds among the children of the said Elizabeth if She Should leave any if none then among all my children & the Children of Such of them as may be dead Such Children representing their decease[d] parents And should the negroes be converted into money the money to be divided in the same manner But I expressly exclude my daughter Temperance Faucett and her Husband [and] John Faucett & their issue from all participation in the said negroes or their proceeds 8th To my daughter Agnes & her husband Henry G. Parish I give & bequeath the following negroes (towit) Dennis Lewis Eliza and their mother Sylvia & the present & future increase of Sylv[i]a I also give devise and bequeath to my daughter Agnes & her husband Henry G. Parish the south side of the plantation whereon I now live (subject to the devise of a part thereof already made to William Huntington & Thomas Clancy during the life of my son James Palmer beginning at a black oak tree on Stubbs line running so as to include the dwelling house and Barn agreeably to a dividing line which has been run and marked by Colo. Hugh Mulhollan between my daughters Agnes & Temperance containing about one Hundred and forty acres. To have hold use and enjoy the said tract of land (subject to the devise aforesaid) & negro slaves herein before mentioned to her the said Agnes & her Husband the said Henry G. Parish bequeathed and devised to them, for and during the term of their natural lives & at the death of the surviving one of them the said land & negroes & their present & future increase (which the said Agnes & her husband hold during their lives & the life of the surviving one of them) shall be equeally divided among their Children if any there be, the children of such of them as may be dead representing their decease[d] parent but in the event of their being no Child or Children then surviving of the body of the said Agnes then my will & desire is that the land and negroes herein [Will Book Volume E, page 361] devised and bequeathed to my said daughter Agnes & her Husband Henry G. Parish be equally divided among all my Children their heirs & representatives except my daughter Temperance & her husband John Faucett & their heirs & representations. 9th I give and bequeath to William Huntington & Thomas Clancy & the executor of the ["Surviving" x-out] Survivor the north side of the plantation whereon I now live, agreeably to the dividing line before mentioned run by Col. Mulholland[sic] between my daughters Agnes & Temperance & Containing by estimation One Hundred & Seventy nine Acres (Subject to the bequest in favour of my son James Palmer) together with the following negroes Sam, Clem, Cynthia & Franky & child Caroline with their present & future increase, The said property both real and personal I give to the said Thomas Clancy & William Huntington & the Survivor & the executor of the Survivor in trust for the Sole and[sic] & benefit of my daughter Temperance Faucett wife of John Faucett during the term of her natural life free from any Control of her said husband or any liability for his debts and the said Trustees are directed to hire out the said plantation and negroes from Year to Year & pay over to the said Temperance Faucett so much of the proceeds as they may think proper taking her receipt for the same And after the death of the said Temperance I give & bequeath the said lands & negroes to the children of the said Temperance equally to be divided Among them & if any of them should be then dead leaving issue lawfully begotten such issue to stand in the place of their parent But if the said Temperance should die without leaving any Children or the issue of such lawfully begotten then & in that Case I give the said land & negroes to the rest of my Children equally to be divided among them. It is further my will & pleasure that upon the death of my said daughter Temperance leaving Children or the issue of such as before described if any of the said Children be under age that the said trustees continue to hire out the said lands and negroes for the benefit of said Children until the Youngest comes of Age or marries when the division is to be made 10th And to prevent any of my children from Coming to absolute want, not withstanding the provisions herein made for them I leave Negro boy Jim to my Executors to be hired out by them from Year to Year or sold at their discretion & the proceeds to be applied to the most needy of ["them" x-out] my Children by my Executors as they may think best: & I ["desire" x-out] direct my Executors ["as the may ..."x-out] to bring suit for Julia one of the negroes bequeathed for the benefit of Elizabeth Peacock I appoint Thomas Clancy & William Huntington Executors of this my last Will & Testament Signed sealed published & declared by the said Martin Palmer in presence of J. W. Norwood Martin Palmer (seal) James Faucett Orange County May Term 1835 The Execution of this will was duly proved in open Court by the oath of John W. Norwood & James Faucett the subscribing [Will Book Volume E, page 362] Witnesses thereto & ordered to be recorded At the same time Thomas Clancy one of the Executors therein named appeared & qualified accordingly and William Huntington the other Executor named therein appeared & renounced his right to qualification as Executor & refused to Accept the right & Interest devised & bequeathed to him as Trustee or otherwise I hereby renounce all rights & Interest Additional Comments: Will Book Volume E, pages 358-362 Recorded Aug 1835 Estate Papers comprise 111 pages and are found in a folder labeled "Palmer, Martin (1832)". Testator died 31 Oct 1832. Thomas Clancy died in the year 1844. Nancy Clancy died 16 May 1847. Elizabeth Clancy, daughter of Nancy Clancy, married Charles N. B. Evans, Sally Clancy married Levi W. Young Jane Clancy, daughter of Nancy Clancy, died unmarried Mary Clancy, daughter of Nancy Clancy married James R. Callum Thomas C. Young, resident of Texas, in 1833, represented by a Guardian because he was a minor, son of Levi and Elizabeth Young. [Estate Papers - Inventory (not dated)] An Inventory of the Personal property of Martin Palmer which has come to the hands of John Freeland the Admr pendente Lite Three negroes Mille & her two children Ann & Charlott - which are now in the custo -dy & care of Richard Peacock her having given bond & security for their fourthcoming[sic] Certain other negroes in the custody & care of Thos. Clancy for whose forthcoming he has given bond & security towit - Jacob, Grace, Hannah Cynthia, Sarah, Patsy & Polly - And the following in the hand of Henry G. Par -rish towit Sylvia, Dennis, Eliza, Alsey, Joe, Sam & Allen -- John J. Freeland Admdr [Estate Papers - Petition of Lemuel Llynch Spring 1833] State of North Carolina } Court of Equity Orange County } Spring Term 1833 To the Honorable The Judge of said Court:- The petition of Lemuel Llynch ~~ Against Charles N. B. Evans & his wife Elizabeth & Thomas C. Young by his Guardian James R. Callum Respectfully sheweth unto your Honor That sometime in the year 1832 one Martin Palmer died in Orange County leaving a large estate ["of" x-out] both real and personal ["estate" x-out] which he disposed of by a last will and testament which was admitted to probate at May Term 1835 of Orange County Court in That Nancy Clancy the wife of the late Thomas Clancy of Orange County was one of the children and legatees of the said Martin Palmer ~~ That in his said last will and testament, he devised and bequeathed certain property both real and personal to Trustees for the benefit of his said daughter Nancy Clancy for and during her natural life, and then to such children as she might have ~~ That during the life time of the said Nancy Clancy a portion of this propriety was sold with the consent of all interested, and the proceeds in= =vested in a house and lot in the Town of Hillsboro', where the family resided until the death of Mrs Clancy in the year 1847 -- 16th May Your petitioner further shows to you honor that the said Nancy Clancy had four children who took said property under the will of their Grand-father the said Martin Palmer they & their representatives after the termination of the [page 2] life estate vested in Their Mother the said Nancy Clancy - Two of whom are represented by your Petitioner, viz: Jane Clancy who died unmarried without children and Mary Clancy who intermarried with James R. Callum, and who have executed proper and sufficient deeds to your Petitioner for their interests in said house and lot: as will more fully appear by reference to said deeds, which Petitioner has ready to produce for the inspection of this Honr. Court, & copies of which he prays may be taken as a part of this petition ~~ and the defendants Elizabeth Clancy who intermarried with the Deft. Charles N. B. Evans, and Sally who intermarried with Levi W. Young both of whom viz Sally & L.W. Young are dead, leaving but one child, The defendant Thomas C. Young, who is a non resident, and an inhabitant of the State of Texas whose guardian James R. Callum is a party to this suit ~~ And your Petitioner further shows your Honor, That he desires to have partition of said house and lot, situated in the Town of Hillsboro' on King Street, & known in the plot of said Town as lot Nobr 23 & 24 & containing one acre more or less; but that actual partition of said Land cannot be made, without serious injury to the parties ~~~ To the end therefore, That the said defendants may answer the premises That said land may, by a decree of your Honor, be sold on such terms as your Honor shall deem just and reasonable and that the proceeds of said sale may be divided among the petitioner, and the said defendants, according to their respective in= =terests in said Land, and may be paid to or secured to them respectively, according to law, and the course of this Court ~~~ [page 3] May it please your Honor to grant unto your Petitioner the State's Writ of Subpoena to the said Charles N. B. Evans & his wife Elizabeth to be directed, commanding them to appear and answer &c, And to order publication to be made as to the said Thomas C. Young & his said Guardian J. R. Callum, who resides beyond the limits of this State, notifying them of the filing of this petition, and directing them to appear and answer &c And your Petitioner, as in duty bound, will ever pray &c Henry K. Nash Sol: for Ptr. [remainder of administrivia omitted] [Estate Papers - Deposition of William Palmer 30 Jun 1834] The State of Alabama } Perry County } Be it remembered that on this thirtieth day of June in the year of our Lord eighteen hundred and thirty four, we the under- signed Justices of the Peace in & for the County and State aforesaid and as commissioners in pur- suance of a certain commission to us direct- ed from the Superior Court of law in Or- ange County State of North Carolina, have at the time stated in said Commission, as aforesaid, at the Court house in said County of Perry summoned and caused to come before us William Palmer the witness named in said Commission and in the case in which Martin Palmer executor[sic] is plaintiff & John A Faucett is defendant depending in said Superior Court of Law &c And John Newman having been sworn by us in due form of law say on his oath that he did deliver To Thomas Clancy (Martin Palmer's Executor) in said case a copy of the included notice on the 18th day of April A.D. 1834 of the time & place &c of taking this deposition and as is endorse on said notice: and the said witness William A[?] Palm- -er being by us duly sworn according to law on this oath deposes as follows Question first by the plaintiff to William Palmer - Do you know the parties to the suit above stated? Answer I do. 2 Did you or [did you] not live with Martin Palmer previous to his death of so state about what time? Answer to Question 2nd I lived with my Grand Father Martin Palmer about twelve month commencing in 1830 and end= ing in 1831 and ceased to live with him about four [page 2] or five months previous to his death Question 3rd Were you ["or" erased] not frequently in company with your Grand Father and how long before you lived with him & how often afterwards? Answer to Question 3rd I was very frequently with my Grand father both before and after I lived with him and I believe I was as intimate with him as any other person was or could have been. Question 4th Will you please to state what was the Condition of Your Grandfather Martin Palmer's mind during the two years previous to his death? Answer to Question 4th For the last eighteen months or two years previous to his death his mind was very weak and I considered and believe that he had not - a disposing mind nor was he qualified to transact his own Business that - during the time I lived with him he frequently would not know me and would call me by another name and that - during this time he would frequently not know his nearest - neighbors. And that - once in particu= lar a near neighbor of his by the name of John Christ= mas came over to procure some seed corn and that my grand father did not know him but that after Christmas had gone away from Gran father inquired of my if he was not Daniel Cloud who was also another near neighbor of his Question 5th Do you or not know of your Grand -Father Palmer's having made several wills previous to his death; if yea state how many - If he made any state how long before his death it was that he made his last? Answer the Question 5th I have heard that he had made several Wills before I went to live with him but I do not know of my own knowledge that such was the fact; he made the Will which had since his death been recorded as his [page 3] last Will and testament whilst - I lived with him and about three or four months after I commenced with him. Question 6th At What time did the circumstance which you relate about your Grand-Father's not know John Christmas from Daniel Cloud occur was it before or after the last will of which you also speak was made? Answer to Question 6th The circumstance above related took place a very short-time before the execution of the last Will and Testament. And further this de= fendant saith not William Palmer [remainder of administrivia omitted] [Estate Papers - Deed 27 Sep 1838] In the suit of Thomas Clancy & wife & others in Orange Court of Equity for September Term 1838 it was decreed by the Court that William Huntington the defendant should make to James M. Palmer a conveyance for the House and Lot mentioned in the pleadings, and for all the negroes bequeathed to the said Huntington as trustee in and by the will of Martin Palmer decd. late of County of Orange, upon the same trusts as are mentioned in said will: The said House and Lot having been purchased by Mrs. Nancy Clancy one of the com- plainants, and paid for in a great measure out of the proceeds of the price of a negro by the name of Jacob who was left with the other negroes hereinafter named by the said Martin Palmer to the said Huntington in trust for the sole benefit of Mrs. Nancy Clancy &c &c Now therefore this Indenture name this 27th day of September 1838 between William Huntington of the first part and James M. Palmer Trustee &c of the second part: Witnesseth: that for and in consideration of the premises, and of one dollar to the said Huntington by the said Palmer in hand being (the receipt whereof is hereby acknowledged) he [page 2] the said William Huntington hath, and by these present he doth bargain sell alien and deliver to the said James M. Palmer his heirs and assigns, exec= utors and administrator a part of Lot of Land known in the plan of the Town of Hillsboro' as Lot Number (23) twenty three and a part of Lot of Land adjoining Known also in plan of said Town as Lot Number (24) twenty four, both parcels containing two thirds of an ??? in the whole together with all the improvements thereon, or ap= purtenances thereunto belonging, and also the follow= ing negro slaves, viz, Sarah & her child Bella, Patt Cynthia, Hannah, Grace, and Polly child of Grace together with all heir future increase: To Have & to Hold the said lots of land (which lie in the Town of Hillsboro', bounded in the south by King Street on the west by the Lots of the Free Masons and Wm James S. Smith on the North by the lots of W. Anderson and Geo. W. Benjamin (lately owned by Mrs Mary R. Anderson) and East by the lot of Josiah Turner;) and the said negroes upon the same trusts upon which the said negroes were bequeathed to the said Huntington in and by the said Will of Martin Palmer decd. viz, for the sole and separate use of Mrs. Nancy Clancy, wife of Thomas Clancy Exer of Hillsborough, for and during her natural [page 3] life free from the control of her said husband or of any liability for his debts, and the said James M. Palmer Trustee is hereby directed to permit the said Mrs. Nancy Clancy to have the possession of the said negroes if she desires it; otherwise to hire them out from year to year and pay over the proceeds to Mrs. Clancy taking her receipt for the same; and upon the death of Mrs. Clancy he will deliver over the said negroes and their increase to such person or persons as may be lawfully entitled to them, under and by the will of said Martin Palmer and for the better understanding of these presents, and or a more accurate descrip= tion of the trusts mentioned in said will, reference is hereby made to it, which is of record in the office of the County Court Clerk for Orange County. In Witness of all of which the said William Huntington hath hereunto set his hand & seal (by his Attorney J. W. Norwood, whose authority is duly proved & registered) this 27th day of Septem- ber 1838 William Huntington (Seal) Test: By J.W. Norwood James Webb [Estate Papers - Petition Sep 1845] North Carolina } In Equity Orange County } September Term A.D. 1845 To the Honorable The Judge of said Court The Petition of Temperance Faucette Joseph Woodrough & wife Lucinda, _____ Collins & Wife Priscilla Henry Faucette a minor under the age of twenty one years who sues by his Guardian Dr Jas. Webb, and James M. Palmer, administrator of Thomas Clancey, decd. - Humbly sheweth that your petitioner Temperance is the daughter, and your petitioners Lucinda, Priscilla & Henry her children are the grandchildren of one Martin Palmer late of the County of Orange - that said Palmer departed this life on the 31st day of October A.D. 1832, after having made and published a last will and testament, duly executed to pass both real and personal estate, and in which instrument Thomas Clancey and William Huntington were constituted and appointed executors - And at _____ Term A.D. 183__ of Orange County Court they were duly qualified and took upon themselves the office of Exec= =utors of said last will and testament - That the Testator Martin Palmer by his said last Will, duly executed & proved as aforesaid devised and bequeathed certain real and personal property to Thomas Clancey and William Huntington, Executors as abovementioned, as Trustees or in trust for the sole and separate use & benefit of his daughter, your Petitioner Temperance during the term of her natural life, free from the control of her husband John A. Faucette, or any liability for his debts, then or afterward to be contracted, and at her death to her children, as will more fully and at large appear by reference to the will of the said Palmer, a copy of which is annexed to this petition as a part thereof - Your Petitioners further show to hour Honor that the property bequeathed & devised as aforesaid is as follows, to wit: A tract of land lying in the County of Orange containing One Hundred [page 2] and seventy nine Acres; together with the following negro slaves, Sam Clem Cynthia & Franky and child Carolina, with their increase - That William Huntington one of the Trustees as named in the will refused to take upon him= =self the office of Trustee, and shortly thereafter removed, and still continues to reside beyond the limits of the State; Thomas Thomas Clancey the other Trustee named in the Will, took possession of the property by the consent of the Executors, and continued to hold it for the sole purposes of the trust created by the Will of the said Palmer, until the year 18__ when he died intestate & without having appointed an executor -- that at _____ Term A.D. 18 ___ of Orange County Court letters of Administration upon his estate were granted to your Petitioner James M. Palmer, but the authority given him by his appointment as Administrator upon the estate of his intestate does not, as it is believed by all your Petitioners, authorize him to manage, or in any manner interfere with the trust fund in the hands of his intestate Your Petitioners therefore, further show to your Honor, that in consequence of the death of the Trustee Thomas Clancey intes= =tate, there is no one authorized to take charge of and manage the above-enumerated property in accordance with the requirements of the will of Martin Palmer; they therefore pray this Honorable Court that the necessary order or decree may be made constituting & appointing some discreet & suitable person Trustee to take charge of & hold said property for the uses & pur= =poses mentioned in the 9th clause of said will, & for no other; & that this Honorable Court may grant them such other & further relief as may seem meet & proper - And as in duty bound your Petitioners will ever pray &c H. K. Nash - Sol: for Ptrs [Estate Papers - Bill of Complaint Sep 1847] State of North Carolina } In Equity Orange County } To Sept Term 1847 To the Honorable the Judge of the Court of Equity for Orange: The Bill of Complaint of Charles N. B. Evans & his wife Elizabeth, James R. Callum and his wife Mary and Thomas C. Young who is a minor under the age of twenty one years and sues in this behalf by his next friend Henry Whitted: Against William Nelson & James M Palmer Humbly complaining sheweth unto your Honor the complainants Evans & wife & Callum and wife of the County of Caswell and Thomas C. Young of the State of Texas; That Martin Palmer late of the County of Orange died in the year A.D. _____ leaving a last will and testament in writing duly executed with proper formalities to pass both his real and personal estate, which will after his death was duly proved in Orange County Court of Pleas and Quarter Sessions and is now of record in said Court, in and by which said will among other things the said testator devised & bequeathed as follows, viz, "To my friend William Huntington and his executors I give and bequeath the following negroes and their present and future increase, viz, Sarah, now in the possession of my son in law Thomas Clancy, negro man Jacob, Patt, Cynthia (the one formerly owned by Joseph Stubbins) and also Hannah Grace and Polly her child bought of Sheriff Watts, for the sole & separate use of my daughters Nancy Clancy wife of Thomas Clancy for and during her natural life free from the control of her said husband or [page 2] any liability for his debts; and the said trustee is ["permitted" x-out] hereby directed to permit my said daughter Nancy to have the possession of the said negroes if she desires it, otherwise to hire them out from year to year and pay over the proceeds to the said Nancy, taking her receipt for the same and upon the death of my said daughters Nancy Clancy I give and bequeath the said negroes together with their present and future increase to her children and their descendants to be divi= ded among them as the said Nancy and her hus= band Thomas Clancy if then alive may direct and if no such direction be given, then to be divided with their said increase at the death of the said Nancy Equally among her children, and if any of them be dead leaving lawful issue, then such issue to stand in the place & represent their parent." The said negroes after the death of the testator Martin Palmer were allowed to remain in the possession of the said Nancy Clancy who sold one or more of them and vested the proceeds or a part thereof in the purchase from said William Huntington of some real estate in the Town of Hillsborough consisting of a part of lot Nos 23 and 24 with the improvements therein, & the said Huntington having removed from the State of North Carolina and having declined to act as one of the executors of said Martin Palmer or to accept the trusts vested in him as aforesaid, a bill in Equi= ty was filed by the said Thomas Clancy and his wife Nancy and all their children against said Wil= liam Huntington in the Court of Equity for Orange County praying that the purchase of said property Court to convey the said House & lot and all the negroes which had been bequeath to him in trusts [page 3] as aforesaid to some other trustee to be appointed by said Court, to be held by the new trustee upon the same trusts as where declared & appointed by the said will of Martin Palmer deceased; and such proceed= ing were had in the said cause that at the Septem= ber Term for year 1839 of said Court decree was made accordingly, and the defendant James M. Palm= er was by the said Court appointed a trustee for the purposes aforesaid in the place of the said Huntington and by decree bearing date the 27th day of September 1838 the said Huntington did convey the said negroes & the said real estate to said Palmer upon the same trusts and limitations as are mentioned and de= clared in the said will of Martin Palmer deceased. (++) Copies of which said Will deed and suit in Equi=[ty?] are in the possession of the complainants, are referred to by them for greater Certainty, and will be produced to the Court whenever required The Complainants further shew that the said Thomas Clancy died in the year 1844 and the said Nancy Clancy in ["year 184" x-out] the spring of the present year and that no direction was every given by them or either during their lives or by any will or other ap= pointments to operate after their death of the mode by which the property held under the said clause of Martin Palmer's will should be divided among the Children ["and" x-out] of said Nancy Clancy & their de= scendants, so that by the said will the said proper= ty both real and personal as the complainants are advised passes to the children of said Nancy Clan= cy and their descendants to be equally divided between them : And the complainants shew that the said Nancy Clancy at her death left surviving her only two children Elizabeth the wife of the Complainant C N. B. Evans, and Mary the wife of James R. Callum, and one grand child, the Complainant Thomas Young the only child of Levi Young who married Sarah another daughter of said Nancy Clancy who died in the life time of her mother. [page 4] The Complainant further shew unto your Honor that in the year 1845 Jane Clancy another daughter of Nancy Clancy who died before her Mother became indebted to the Bank of Cape Fear at Hillsborough by note for the sum of $150 which note was signed by James M. Palmer trustee of Nancy Clancy & by others as sureties by said James; that a judgment was obtained at May Term 1845 ["aforesaid" x-out] of Orange County Court upon said Note against James M Palmer Trustee of Nancy Clancy and Lemuel Lynch being both sureties for said Jane on the note & being the only parties who had been served with process and had appeared to said suit; that and[sic] execution issued upon said Judgment in which said Palmer was styled "Trustee of Nancy Clancy" The same was levied upon the House & lots aforesaid in the Town of Hillsborough and were sold by the sheriff of Orange County on said execution at August Court 1846 when the defendant William Nelson became the purchaser of the same and entered upon the possession thereof. The Complaints further shew unto your Honor that as the defendant Palmer had signed said note strictly and technically as trustee of Nancy Clancy but her request, it was supposed by her and by the complainants that her interest in the said property and that only had passed to said Nelson by virtue of said sale; and the complainants were advised upon the death of the said Nancy Clancy that the title of said Nelson was then at an end that said property became theirs by virtue of the will of Martin Palmer decd. conformity to said will & the decree of the Court aforesaid and acting upon this view of their right they have since the death of Mrs Clancy called upon the said Nelson & requested him to deliver to them [page 5] the said property, but now so it is may it please you Honor the said Nelson utterly refuses to do so claims to be the absolute owner in fee simple of said lots by virtue of his said purchase freed from the trusts settled upon it and of all right or interest of the complainants or any of them to the same - And they have also called upon the said Palmer to convey to them the said property as by his duty as trustee he was bound to do, but the said Palmer asserts that as the said Nelson is in the actual possession of said property claiming the same as his own and adversely to the said Palmer, that no deed from him would be of any avail to the complainants; which pre= tence on the part of said Nelson is most iniquitous and unjust for he well knew and had notice in what manner the said property was held by said Palmer & that the same was held by him only as trustee and the Nancy Clancy had only a live interest therein during her own life and that the complaint= ants her children & grandchild ["had the" x-out] were en= titled to the remainder therein in fee simple or in some other manner: All of which actings and doings of said Nelson are contrary to Equity & good conscience &c To the end therefore that the said William Nelson may by a decree of this court be declared a trustee for the benefit of the Complainants of said Lots and houses, & that He and said Palmer may be decreed to convey the same and also such other property as may be held by said Palmer as tru= tee aforesaid to the complainants, that an account may be taken of the profits of the said Houses and lots since the death of Nancy Clancy and that [page 6] such other and further relief may be granted unto them as to your Honor may seem meet: And that the said Nelson & Palmer may upon their cor= poral oaths full true and perfect answer make to all the allegations contained in this bill in the same manner as if they were repeated by inter= rogatories, particularly that the said Nelson may truly and particularly answer all that he knew had heard at any time thought or suspected with regard to the interest of the children of said Nancy Clancy in the said House & Lots, whether he had ever supposed that they had any interest and what that interest was, and when he first became ac= quainted with it or had any information or notice thereof and whether he supposed at the sale that he was purchasing any thing more than the life interest of Nancy Clancy in said property: May it please you Honor to grant unto your orators & oratrixes the State's Writ of Subpoena to be directed to said Nelson and Palmer com- manding them to appear at the next term of the Court of Equity to be held for Orange County in Hillsborough on the 2nd Monday of September Next then & there to answer &c & perform such decree as may be made in the premises. And as in duty bound they will every pray &c J. W. Norwood Sol for Complainants [The clause after the (++) appeared at the end of this bill, intended be to inserted here]