Orange County NcArchives Wills.....Thompson, Samuel January 6, 1813
************************************************
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:
Ron Thompson ronupc@bellsouth.net January 2, 2006, 10:26 am

Source: Nc Archives
Written: January 6, 1813

     In the name of God amen.  I Samuel Thompson of this county of Orange and
State of North Carolina do make and ordain this my last Will and testament in
manner and form following.  It is my Will that all my Just debts be paid as soon
as the same can be conveniently done.  I give and bequeath unto my son Richard
Thompson my Boy Slave Jacob, during the life of my son and after his death to
his son Samuel Thompson his Executors and Administrators forever; and I give my
young grey horse and one Cow to my said son his Executors and Administrators
forever -- .  I give and Devise to my Daughter Nelly Barton wife of John Barton
during her life all that tract or parcel of land known by the name of Kennedy’s
place adjoining the lands of William Strayhorn containing about two hundred
acres; and after her death to her son Stephen Barton his heirs and assigns
forever:  but this devise to my said daughter and her said son Stephen is made
subject to the following conditions and restrictions, to wit.  Whereas the said
John Barton and Nelly his wife, or one of them, or some other person in right of
the said Nelly may perhaps set up an erroneous claim to my slave Anne and her
children under pretence of a Verbal gift, which claim if set up will not be
founded in truth or Justice, as I have never intended to make any such gift or
to usurp myself in such manner as to amount to a gift, but merely to please my
said Daughter when in a state of deranged mind without passing any right or
binding the property.  If, therefore, such claim should be set up, a suit or
suits thereon brought, and the said Slaves or either of them recovered thereby
or the disposition of the said Slaves hereby made, or either of them rendered
ineffectual by reason of such claim, the devise aforesaid of the said tract of
land to my daughter Nelly and her son Stephen, shall be, and I hereby declare
the same to be, null and void; and in such case, do hereby give and devise the
said tract of land to my Wife and other Daughter from whom the said recovery be
made to be divided amongst them in proportion to the life sustained by them
respectively; by reason of such claim and loss of the said Slaves, to them,
their heirs and assigns forever --.  And I give one Bed and Bedstead furniture
to my said daughter Nelly her Executors and Administrators forever —.
     I give and bequeath my slaves Daniel, Ben and Anne, one Horse named Buck,
two Beds, bedsteads and furniture, one Cow and one Walnut Table to my Wife
Isabell her Executors and Administrators forever; but subject to the
restrictions and limitations herein after mentioned —.
     I give and bequeath my slaves Peter, Dinah and Dennis, one horse named
Talleyrand, two Beds, bedsteads and furniture, one Cow and choice of the Walnut
Tables to my daughter Frances her Executors and Administrators forever; but
subject to the restrictions and limitations herein after mentioned — .
     I give and bequeath my slaves Phillip, Juice and Jim, one horse named Cole,
two Beds, bedsteads and furniture, one Cow and second choice of the Walnut
Tables to my daughter Hannah her Executors and Administrators forever; but
subject to the restrictions and limitations herein after mentioned — .
     I give and bequeath my slaves Will, Anderson and Mary, one mare called
Nurcissa, two Beds, bedsteads and furniture, one Cow and one Walnut Table to my
daughter Phebe her Executors and Administrators forever; but subject to the
restrictions and limitations herein after mentioned — .
     I give and bequeath to my Wife Isabell, and my three daughters, Frances,
Hannah, and Phebe my Sheep, Hogs, grain, Porridge, provisions, all household
stores and furniture not bequeathed, Kitchen furniture, plantation tools and
utensils, Wagon and Reins and all the residue of my personal estate except the
Cash on hand; subject herein to the regulations hereafter expressed --.  I give
and devise that tract of Land where I now live containing about one hundred and
eighty seven acres, also a tract of land adjoining Cain & Ray and Ruffin;
containing about sixty two acres to my wife Isabell and three daughters Frances,
Hannah and Phebe to be possessed, managed, enjoyed and finally disposed of
together with the personal property herein before willed to them jointly and
severally in the following manner Viz.  The said real estate and personal
property with the profits and increase of stock arising there from, or such part
of the said personal property, profits and increase as may be necessary and
advantageous to be kept in the said real estate; to be and remain to the joint
use and benefit of my wife and said daughters Frances, Hannah and Phebe, and of
the survivors one survivor of them until the marriage of one of my said
daughters at which time she and her husband shall become entitled to the
separate portion and use of all the personal property bequeathed to her either
separately or jointly; and her immediate in the said real estate shall cease;
and the said real estate and the residue of the said personal property shall
remain as aforesaid to the use of my wife and other two daughters until they
marry respectively at which time they and theirs respectively shall be entitled
to the separate possession and use of the personal property Willed to them
separately and jointly as aforesaid; and their respective immediate interest in
the real estate aforesaid shall cease; and the said real estate and my Wife’s
personal property willed to her separately and jointly as aforesaid, shall be
and remain in her possession to her separate use during her life.  And I give
and devise said real estate after her death to my said three daughters Frances,
Hannah and Phebe, their heirs and assigns forever.  It is my will and intention
that my wife be at liberty to dispose of all of her personal property aforesaid
at her death although that event should take place before the marriage of either
or all of my said daughters.  And it is also my will that if any one or more of
my said daughters should die without having been married before the death of my
wife and the marriage of her or their sisters or sister that all the estate and
property of the daughter or daughters so dieing remain with the joint property
and stock aforesaid until the marriage or her or their sisters or sister and the
death of my wife for her and their use and benefit as aforesaid, and after the
death of my wife and marriage and marriage of all my other daughters to be
equally divided amongst all my children their heirs and assigns forever —.  I
will and direct that my debts be paid out of my Cash on hand at my death and the
residue thereof to be equally divided between my daughters Hannah and Phebe
until the sum to each shall amount to One hundred and fifty dollars; and if any
of the said Cash shall remain to be equally divided between my said three
daughters; and if I should not at my death have a sufficient sum of money on
hand to pay my debts, and advance my said two daughters One hundred and fifty
dollars each, the deficiency must be made up of the general residue of my estate
or personal property willed to my Wife and said three daughters jointly —.  It
is my will that the legacies given by the bequest be subject to the same
conditions and limitations as the other property given them by the Will —.  I do
nominate, constitute and appoint my wife Isabell Executrix and my friend William
Norwood Atty. At Law Executor of this my last Will and testament declaring that
I have no other Will and testament but this —.  I give and bequeath fifty
dollars to be raised out of my estate to my Grandson Samuel Thompson son of
Richard Thompson —.  In testimony whereof I have hereunto set my hand and
affixed my seal the sixth day of January A.D. 1813 —.
Signed Sealed Published and declared
to be his last Will and testament in
the presence of
Samuel Thompson

David Yarbrough
James Child

       
     
     This is a codicil to the last Will and testament of one Samuel Thompson of
Orange County which I duly made and published bearing date the sixth day of
January in the year of Our Lord One Thousand Eight Hundred and thirteen and
which Will I do hereby ratify and confirm except so far as altered by this
Codicil —.  Whereas my Grandson Samuel Thompson son of Richard Thompson hath
departed this life since the execution of my said Will —.  I give and bequeath
to my beloved Wife Isabell Thompson my Negro woman slave called Cate to her
Executors and Administrators in addition to what I bequeathed to her in my said
Will —.  And whereas I bequeathed my negro girl Juice to my daughter Hannah in
and by my said Will, I do hereby revoke the said bequest so far as relates to
the said girl Juice and do hereby give and bequeath the said Juice to my
Daughter Frances and also the **** of my negro woman Dinah from this time to
her, her Executors and Administrators forever, in addition to what I bequeathed
to her in and by my said Will.  I hereby give and bequeath to my daughter Hannah
Thompson, two Negro boys, one of them called John and the other Moses, her
Executors and Administrators forever, in addition to what I gave my said
daughter in and by my said Will —. And I hereby give and bequeath to my daughter
Phebe Thompson a Negro boy by the name of Harry to her, her Executors,
Administrators and assigns forever.  In testimony whereof I have hereunto set my
hand and affixed my seal this 11th day of November A.D. 1813.
Signed Sealed Published and declared
to be his Codicil and part of his last
Will and testament in the presence of
Samuel Thompson

Wesley DeBruler
Levi McCollum



     
     Whereas I Samuel Thompson of the County of Orange did on the sixth day of
January One thousand eight hundred and thirteen duly make and publish my last
Will and testament in writing, witnessed by David Yarbrough and James Childs and
on the eleventh day of November in the year One thousand eight hundred and
thirteen duly make and publish a Codicil to my said Will, attested by Wesley
DeBruler and Levi McCullom; and I now ratify and confirm the said Will and
Codicil accept so far as I may now alter and change them.  I declare this to be
an addition and Codicil to my said Will and Codicil —.
     I revoke the bequest in my said Codicil of the Negro boy Moses to my
daughter Hannah —.  I give and bequeath my Negro boy Billie and the said Moses
to my son Richard Thompson his Executors and Administrators forever —.  I give
my Negro Rosett to my daughter Frances to her her Executors and Administrators
forever —.  I give my Negro Roseann to my daughter Hannah her Executors and
Administrators forever —.  I give my boy Darkee to my wife forever —.  I give my
two Negroes Joseph and Rachel to my daughter Phebe her Executors and
Administrators forever —.
In testimony whereof I have hereunto set my hand and affixed my seal this 20th
day of August A.D. 1822.
Signed Sealed Published and declared
 in the presence of
Samuel Thompson

David Yarbrough
James Childs

     
     
     
     A third Codicil to my last Will and Testament mentioned in my first and
second Codicils on this sheet of paper and I hereby confirm and ratify my said
Will and two Codicils except as herein altered.  Whereas Joseph bequeathed by my
second Codicil to my daughter Phebe now married to James Clancy is dead, I
therefore give and bequeath unto my said daughter Phebe Clancy a Negro girl
known by the name of Flora —.  I also give and bequeath my Negro boy Ned to my
daughter Frances, my said Negroes to my said daughters their Executors and
Administrators forever.  I hereby revoke the bequest in my second Codicil of
Billie to my son Richard and I give to my son James in the place of Billie to
him his Executors and Admn. forever —.And I give bequeath the said Negro boy
Billie to my daughter Phebe Clancy her Executors and Admn forever —.  In
testimony whereof I do hereby publish this as a third Codicil to my said Will
and affix my name and seal hereto — this 28th day of Sept. A.D. 1824.
Signed Sealed Published and declared
 in the presence of
Samuel Thompson

David Yarbrough
James Childs

     
     
     
     Orange County August Term 1829
The execution of the foregoing last Will and Testament of Samuel Thompson dec’d
and of the second and third Codicils hereto was duly proved in said Court by the
oaths of David Yarbrough & James Child subscribing witness thereto, and the
execution of the first Codicil was duly proved in said Court by the oath of Levi
McCollum a subscribing witness thereto — And ordered to be recorded —.
Last Will and Testament of Samuel Thompson (6 January 1813)
Transcribed by Ron Thompson (31 January 2002)





Additional Comments:
First Codicil to the Last Will and Testament of Samuel Thompson
(11 November 1813)
Transcribed by Ron Thompson (31 January 2002)

Second Codicil to the Last Will and Testament of Samuel Thompson
(20 August 1822)
Transcribed by Ron Thompson (31 January 2002)

Third Codicil to the Last Will and Testament of Samuel Thompson
(28 September 1824)
Transcribed by Ron Thompson (31 January 2002)

Probate of the Last Will and Testament of Samuel Thompson
(August 1829)
Transcribed by Ron Thompson (31 January 2002)

File at: http://files.usgwarchives.net/nc/orange/wills/thompson35gwl.txt

This file has been created by a form at http://www.genrecords.org/ncfiles/

File size: 13.7 Kb