Orange County NcArchives Wills.....Pickett, William May 29, 1807 ************************************************ 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 192-194 Written: May 29, 1807 Recorded: May 1807 Testator: William Pickett In the name of God Amen I William Picket of the State of North Carolina and County of Orange being of perfect mind and memory do make and ordain this my last will and testament after recomme nding my Soul to almighty God who gave It and my body to be buryed In a disent[decent] and Christian like manner I dispose of my property and worldly goods In the following manner Vizt First I lend to my beloved wife Elazabeth Picket during her life or widowhood four negroes Vizt Ginny and Milly & Sarah Ginney Millys children also a Sorrel mare known by the name of Blaze also too[two] Cows & Calves also Seventeen head of hogs - one feather bead & firnature all my pewter - one large pot & one Small one - a dutch oven too washing tubs a pail and too piggins & four Chairs ---- ---- Item I give to Judea Picket daughter of my Sun Jessee Picket after my wife's death the old wench Ginny and Ginny the Younger but if the Sd. Jessee Picket Should have other daughters then the Encrease of Sd. Girl Ginny be Equally divided amongst them ---- ---- ---- ---- Item I Give to my too Granddaughters Tempy and Eday Rigsby daughter of Jessee Rigsby my Nigro Girl Sarah after my wifes death and If the Sd. Rigsby have other daughters by his present wife that they Shall be Entitled to an Equal Share of the Increase of Sd. Girl Sarah ---- ---- Further I lend to my daughter Elazabeth Rigsby after my wife's death My Nigro woman Milly and It Is my will that she Enjoy the labour of Sd. Nigro or the profits arising therefrom as Shall [page 2] Shall by My Executors be deemed most proper during her life --- Item After the death of my Daughter Elazabeth Rigsby I Give and bequeath to all my grandaughters thats now living the Sd. Negro Milly and her Increase to be Equally divided amongst them - not before named In the will ----------- Item I Give to my daughter Nancy Briant an[d] Williamson Briant her husband Ten Shilling Currency ------ Item I Give and bequeath unto my too Sons Mark Picket & Thomas Picket the tract of land whereon I now live Vizt my home plantation Containing by Estimation Six hundred and fourty acres to be Equally Divided between them ---- ---- ---- ---- further I lend to ["my two sons" x-out] Joseph Picket and Jessee Picket the land and plantations where they now live during their lives this tract lies on Elebys[Ellerbe] Creek and Contains by Estimation Six hundred and fourty acres and after the death of those [blot out] this tract of land to be Equally divided between the lawful male heirs of Jessee Picket further It is my will that my daughter Peggy Perry Shall live possess and peacebly Enjoy the place where She now lives with such privaledge as Shall be Suf[f]icent for the Support of the plantation this privaledge durind her life ---- ---- ---- ---- Item I give to my Grand Son Archy Rigsby son of Jessee Rigsby after the death of my daughter Elazabeth Rigsby that tract or parcel of land [page 3] whereon he now lives formerly the property of David Grisham --- which land and plantation she is ["to" x-out] peacibly to possess her life time further that tract of land which I purchased of Thomas Cooke allso a hundred acres adjoining my home plantation those lands I leave at the Discresion of my Executors to rent or Sell and to be Equally divided amongst my Children that is to say all the rest of my property not devised In the will of Every discr iption what Ever together with the dower of my wife after her deat[h] My Just debts first b[e]ing paid the whole that shall remain to be Equally divided amongst all my Children Item In addition to the dower which I left my wife I lend her the plantation whereon I now live During her life or widow hood also such farming tools as my Executors shall think necessary for use ---- ---- ---- ---- Conclusion And I do hereby nominate Constitute and appoint my worthy friend- es Mann Patterson - - William Rhodes and William Trice Executors to this my last will and testament In witness whereof I have hereunto Set My hand and affixt my Seal this Twenty ninth day of May Eighteen hundred and Seven ---- ---- ---- -------- ---- ---- ---- Sign'd Sealed and dilivered In the presence of us the Subscribing witnesses his William (+) Picket (seal) E. P. Patterson } mark } Jurat William Rhodes } Exrs Qualfied [Will Book Volume D, page 192] In the name of God Amen, I William Picket of the State of North Carolina and County of Orange being of perfect mind and memory do make and Ordain this my last Will and testament af- -ter recommending my Soul to (Almighty God) who gave it and my body to be buried in a decent & Christian like manner ---- I dispose of my property and Worldly goods In the following manner Viz First I lend to my beloved wife Elizabeth Picket during her life or widowhood four negroes (Viz) Jinny and Milly and Sarah Jinny Millys children also a sorrel mare known by the name of Blaze, also two Cows & Calves, also seventeen head of Hogs one feather Bed and furniture all my pewter one large pot and one Small one, a Dutch oven, two washing Tubs, a pail and two piggins & four Chairs --- Item I give to Judea Picket Daughter of my son Jesse Picket after my Wifes dea- -th the old wench Jinny & Jiny the Younger but if the Sd. Jesse Picket should have Other Daughters then the increase of Sd. girl Jinny be equally divided amongst them ---- Item I leave[give] to my two grandaughters Tempy and Edy Rigsby Daughter of Jesse Rigsby my negroe Girl Sarah after my wifes Death & if the sd. Rigsby have other Daughters by his present wife that they shall be entitled to an equal share of the in- crease of sd. Girl Sarah, Further I lend to my Daughter Eliz- abeth Rigsby after my Wife's Death my negroe woman Milly and it is my will that she enjoy the labour of sd. negroe or the profits arising therefrom as shall by my execu- tors be deemed most proper during her life --- Item ["I Give" x-out] After the Death of my daughter Elizabeth Rigs- by I give and bequeath to all my grandaughters thats now living the said negroe Milly and her increase to [Will Book Volume D, page 193] be equally divided amongst them not before named In the will Item I give to my Daughter Nancy Bryant and Williamson Bryant her Husband ten Shillings currency ------ Item I give and bequeath unto my two sons Mark Picket and Thomas Picket the tract of Land whereon I now live Viz my home plantation Containing by estimation Six Hundred and forty acres to be equally divided between them Further I lend to Joseph Picket & Jesse Picket the land and plantation[s] where they now live during their lives this tract lies on Eleby[Ellerbe] Creek and containing by estimation [Six hundred and] forty acres and after the death of those this tract of Land to be equally divided between the Lawful male heirs of Jesse Picket ---- Further it is my Will that my Daughter Peggy Perry shall possess and peaceably enjoy the place where she now lives with such priviledge as shall be sufficient for the support of the plantation this priviledge during her life Item I give to my grandson Arche Rigsby [son of Jesse Rigsby] after the death of my Daughter Elizabeth Rigsby that tract or par- -cel of land whereon he now lives formerly the property of David Grisham which land and plantation she is peaceably to possess his[her] life time ---- Item that tract of Land which I purchased of Thomas Cooke also a hun- dred acres adjoining my Home plantation those lands I leave at the discretion of my Executors to Rent or sell and to be equally divided amongst my children that is to say all the rest of my property not divided[devised] in the will of every discription whatever together with the dower of my wife after her Death my Just debts first being paid the whole [Will Book Volume D, page 194] that shall remain to be equally divided amongst all my Children Item In addition to the dower which I left my wife I lend her the plantation Whereon I now live during her life or widow hood also Such farming tools as my Executors shall think ne- cessary for use ---- Conclusion and I do hereby nominate con- stitute & appoint my worthy friends Mann Paterson William Rhodes [and William] Trice Executors to this my last Will and Testament in Witness whereof I have hereunto set my hand and affixt my Seal this twenty ninth day of May Eighteen Hundred and Seven Signed Sealed and delivered in the presence of us the Subscribing witnesses ---------- his E. P. Patterson } William (X) Picket (seal) William Rhodes } mark Orange County May Term 1809 The Execution of the foregoing last Will and Testament of William Picket Decd was duly proved in open Court by the Oath of E. P. Patterson & Wm Rhodes both of the subscr- ibing Witnesses thereto and ordered to be record ---- at the same time the Executor therein named qualified accordingly ----- Test J Taylor Additional Comments: Will Book Volume D, pages 192-194 Recorded May 1807 There is a second, handwritten copy filed with the loose will. Estate Papers comprise 20 pages and are found in a folder labeled "Pickett, William (1807)". Inventory , 1 Sep 1807, listed "4 Negroes". [Estate Papers - Bill of Complaint 27 May 1818] State of North Carolina } Orange County } SS In Equity - To the Honorable the Judge of the Court of Equity of Orange County The Bill of Complaint of William Trice and William Rhodes Executors - - - of the last Will and Testament of William Picket deceased, and Christopher Moring Susannah Perry, Frances Perry but Thomas Picket (her Unce, and next Friend), Sarah Picket, and Nancy Picket by Thomas Picet her Father and next Friend, against Jesse Rigsby and Elezabeth his Wife Humbly complaining sheweth unto your Honor our Orators Will Trice and William Rhode --- --- --- - of Orange County, Executors of the last Will and Testament of William Picket, late of Orange County deceased; Christopher Moring, of the same County; Susannah Perry of this same County; Francis Perry, of the same County, Infant under the age of twenty one years who sues in this behalf by Thomas Picket her Uncle and next Friend; Sarah Picket of the same County; and Nancy Picket of the same County, an Infant under the age of twenty one years who sues in this behalf by Thomas Picket her Father and next Friend; that the said William Picket duly made and published his last Will and Testament in writing on the 29th day of May in the year of our Lord 1807, and therein ???? other things bequeathed as follows to wit, To his Wife, Elizabeth during her life or widowhood four negroes, namely Jenny and Milly, and Sarah and Jenny Milly, Children ; to Julia Picket, Daughters of his Son Jesse Picket after death of his wife and old Wench Jinny and Jenny the younger, but if the said Jesse Pickett and four other Daughters, the Increase of said girl Jenny to be equally devided between them -- to his grandaughters Tempy and Eady Rigsby daughter of Jesse Rigsby his negro girl Sarah after his wife's death, and if the said Rigsby should have other Daughters by his present will they shall be entitled to an equal share of the Increase of the said Slave Sarah ---; to his Daughter Elizabeth Rigsby after his wife's death his negro woman Milly; and it was hi Will that she should enjoy the Labour of said negro [page 2] of the profits arising therefrom, as should by his Executors be deemed meet proper during her life; and after the death of his Daughter Elizabeth Rigsby he gave and bequeathed to all his Grandaughter that was then living the said Negro Milly and her Increase to be equally divided amongst them not before mentioned i the said Will -- to which Will for greater certainty you Orators beg leave to refer, a copy whereof is now in the possession of your Orators ready to be produced when required -- And the said William Picket the Testator soon after wards departed this life without having ????, changes or revoked his said Will, and therefore the said Will was duly provide in the Court of Pleas and Quarter Sessions of Orange County; at a Session of the said Court held on the fourth Monday of ______ if the year of our Lord ______ and the said William Trice and William Rhodes Executors of the said Will qualified and took on themselves the burthen of executing the same. And your Orator further shew that the Testator at the time of his death left him surviving Elizabeth his widow who is still living ; and the following grandaughters, who were living at the time of the said will was executed, and are the only grandaughters not before named in the said Will; to wit Nancy Perry Sarah Perry Susannah Perry and Francis Perry, daughters of the Testator's daughter Peggy Perry; and Sarah Pick and Nancy Picket daughters of the Testator's son Thomas Picket and the said Nancy Perry intermarried with one Thomas Pendergrass, and the said Thomas Pendergrass and Nancy is wife, inconsideration of one hundred Dollar them paid or seemed to be paid by the said Christopher Moring, Bargained and sold to the said Christopher Moring, all their right title and interest in the said slave Milly and her Increase -- And the said Sarah Perry intermarried with John Crittingten, and the said John Crittington and Sarah his wife, in in consideration of ninety dollars to them paid or secured to be paid by the said Christopher Moring Bargained and Sold to the said Christopher Moring all their right title and interest in the said Slave Milly and her Increase - And your Orator shew that the said Milly since the making of the said Will and death of the Testator hath had issue Simons, Moris Manger[?] and a young child now about two weeks old called Harry are all still living --- [page 3] And your Orators further shew that the said Elizabeth Picket the widow as they are informed and believe on same terms or other hath Conveyed her life estate in the said slave Milly and her Increase to the said Jesse Rigsby, or to the said Jesse Rigsby and Elizabeth his wife or to one of them, And the said Jesse Rigsby is now in possession of the said Slaves. And your Orators are informed and believe that the said Jesse Rigsby and Elizabeth his wife intend and are desirous to deprive your Orator as far as in their power of your Orators right and property in the said Slaves, either by confederation with some speculator and sending them off to distant parts to be sold, or by selling them to some speculator who they know will purchase with that Intention: And you Orators further shew that the said Elizabeth Rigsby, in the premises and hearing of the Will Jesse Rigsby her husband, offered and proposed to sell the said Slaves to your Orator Christoper Moring at the price of seven Hundred Dollars, telling him he could run them off where you other Orators would never get them, saying at the same time that she would not give five cents for your other Orators interest in the said Slaves for they would never get any good of them. [-------------large x-out------------------------------] [---------------------entire line x-out--------------------------] [-----------------------large x-out----------------------] And that the said Jesse Rigsby, being so present, did not in either instance disallow, disapprove of, or contradict the offers that proposition so make by the said Elizabeth his wife. And you Orators are informed and believe that the said Jesse Rigsby and Elizabeth his wife are now actually about selling the said Slaves to one John Stroud a Speculator in doubtfull titles, with the xxxxx and intention that the said Slaves shall be carried out of this state and sold in distant part; or that the said Jesse Rigsby and Elizabeth his wife have engaged or are about to engage this said John Stroud to carry the said Slaves to distant parts and sell them; And that the said John Stroud is in very doubtfull circumstances -- All which intentions, actings and doings are contrary to Equity and good faith and ten to the manifest injury of your Orators. In tender consideration whereof, and forasmuch as your Orators are remediless in the premises by the ??? of common law and can obtain relief therein on in the Honorable Court, the end [page 4] therefore that the said Jesse Rigsby and Elizabeth Rigsby his wife, may on Oath full, true and perfect answer make to all and singular the matter and things set forth and changed in this Bill in as full and ample manner as it the same were her again repeated and they thereon interrogated; - And that the said Jessee Rigsby may be compelled to give your Orator a Bond in a large sum of money Conditioned that the said Slaves and the future increase of the said Milly should, at the death of the said Elizabeth Rigsby, be in the County of Orange, and delivered to your Orators, their assigns of legal representatives-- and that a Writ or Writs may issue commanding the Sheriff to seize and take into his possession the said Slaves and each of them, and them to xxxxx until the further order of the Court, or until the said Jesse Rigsby shall enter into Bond with ??? good and Sufficient securities, Conditioned that the said Slaves shall not be removed out of the County of Orange, but shall remain therein until the further order of this Court -- And that your Orator may have such other and further relief in the premises as may be just and Equitable, may it please your Honor to grant a Writ or Writs of Subpoena to be directed to the said Jesse Rigsby and Elizabeth his wife, of the County of Orange aforesaid, commanding them to appear at the next Superior Court of Law and Court of Equity to be held in for the County of Orange, at Hillsborough, on the [x-out] thursday after the second Monday of September next, then and there to answer this Bill -- and your Orators will ever pray &c --- Wm. Norwood Sol. for Compts. And thus the said Jesse Rigsby being then in possession of the said Milly and her children or some them told one Anderson Clements that he had a great mind to make him an offer to sell him the said negro Milly, if he would carry her off, for he wished her gone, to which proposition ??? said Anderson Answered that he was not able to purchase; as appears by the affidavit of the said Anderson Clements hereunto annexed which he pays may be taken as part of this his Bill - And your Orators further shew that the said Jesse Rigsby hath but a small estate, not sufficient to pay for the said Salves[sic], or more than one fourth of their value [page 5] Orange County } Court of Equity } The Executors William Picket and Other vs } Jesse Rigsby & Elizabeth his wife Anderson Clements maketh oath that some times past, about two or three years ago, Jesse Rigsby one of the Defendants being this in possession of a Slave by the name of Milly and her children, or some of them, and no others, told the affiant that he, the said Jesse Rigsby, had a great mind to make him an offer to sell him the negro Milly, if he would carry hier off, for he wished her gone; to which the affiant answered that he was nto able to purchase Subscribed & Sworn to before me { of Orange County 27th day of May AD 1818 { A Clements Thomas Ruffin JSCL&E[?] [page 6] North Carolina -- Christopher Moring one of the Complainants in the foregoing Writ of Complaint, & Thomas Pickett, next friend & Francis Perry Sarah Pickett & Nancy Pickett, three others of the Complainants, make oath that the seveal matter of fact set forth in the siad Bill of Complaint are ture as set forth to the best of knoledge & belife Subscribed & Sworn to before me this } Christopher Moring 27th day of May AD 1818 at Orange } his County } Thomas (X) Pickett Thomas Ruffin JSCL&E[?] mark North Carolina -- Christopher Moring and Thomas Pickett make oath that in their opinion & belief the values of the negro Slaves mentioned in the forgoing Writ of Complaint are at Least the following sums respectively - Towit, Milly & her youngest Child , $750:- Simon, $400:- Moses, $300:- and Monger, $200:-- Subscribed & sworn to before me } Christopher Moring this 27th day of May A.D. 1818 at } his Orange County ~~~~~~~~ } Thomas (X) Pickett } mark Thomas Ruffin JSCL&E[?] }