Orange County NcArchives Wills.....Thompson, Samuel January 6, 1813
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 195-200
Written: January 6, 1813
Recorded: Aug 1829
Testator: Samuel Thompson

    In the name of God amen, I Samuel Thompson, of the
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 Adminis=
=trators for ever; And I give my young grey horse and one Cow
to my said Son his Executors and Administrators forever ~~

    I give and Divise 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 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 express
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 in=
=effectual by reason of such claim; the devise aforesaid of the

[page 2]
said tract of land, to my daughter Nelly and her Son Stephen, shall be,
and I hereby declare the same to be, nul[l] and void; and in such case,
do hereby give and devise the said tract of land to my Wife and
other Daughters, from whom the said recovery may be made, to be
divided amongst them in proportion to the loss sustained by them res=
pectively, by reason of such claim and loss of the said Slaves, to them
their Heirs and assigns forever ~~ And I give one bed bedstead and 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 Walnut Table, and one cow, to
my Wife Isabell hir Executors and Administrators forever; but subject to
the limitations and restrictions herein after mentioned ~~

    I give and bequeath my slaves Peter, Dinah and Dennis, one horse named Tallerand, 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, Jince and Jim, one horse
named Cole, two beds bedsteads and furniture, one Cow & 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
Newcum, 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, Forriadge[forage], provisions, all hous[e]hold
stores and furniture not bequeathed, Kitchen furniture, plantation tools and
utensils, Wagon & Geers, and all the residue of my personal estate, except
the Cash on hand; subject however 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, Vizt. The said real estate and personal

[page 3]
property, with the profits and increase of stock arising therefrom, or such part of
the said personal property profits and increase as may be necessary and advantageous
to be kept on 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 survi=
vors or 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 pos=
=session 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
their marriages respectively, at which time they and their Husbands respectively
shall become entitled to the seperate possession and use of the personal
property willed to them seperately and jointly as aforesaid; and their respective
immediate interests in the real estate aforesaid shall cease; and the said
real estate and my wife's personal property, willed to her seperately and
jointly as aforesaid, shall be and remain in her possession to her seperate
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 her personal property aforesaid, at her death, although
that event should take place before the marriage of either or all of my said
three daughters. And it is also my will that if any one or more of my said
three 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
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

[page 4]
be made up out 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 this Will.

    I do nominate, constitute and appoint my Wife Isabell Executrix and
my friend William Norwood Atto. at Law Executor, of this my last Will
and testament, declaring that I have no other Will and testament but this.

[Passage x-out]
In testimony whereof I have hereunto set my hand and affixed my seal
this __________ day of  ____________ A.D. 18_____________

Signed sealed published and declared to be his }
last Will and testament in presence of         }           (seal)

[End of x-out passage]

    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 (seal)

[signatures x-out]

Jehu[?] Phillips
William Clark
[end ex-out]

David Yarbrough    }
James Child        }  Jurat

[page 5]
This is a Codicil to the last Will and testament of me 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 do therefore revoke the bequest of fifty dollars to him, con=
tained in 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
and by my said Will ---

    And whereas I bequeathed my negro Girl Jince 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 Jince;
and do hereby give and bequeath the said Jince to my
Daughter Frances, and also the Increase 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, to her, Executors and Administrators for
ever; 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 evidence whereof I have hereunto set my hand and
affixed my seal this 11th day of November A.D. 1815.

Signed, Sealed published and declared   }
to be his Codicil, and part of his last } Samuel Thompson (seal)
Will and testament in the presence of   }
Wesley DeBruler
Levi McCollum   Jurat

[page 6]
Whereas I Samuel Thompson, of the County of Orange, did on the sixth day of
January in the year one thousand eight hundred and thirteen, duly make and
publish my last Will and Testament in writing, Witnessed by David Yarbrough
and James Child; and on the eleventh day of November in the year one thousand
eight hundred and fifteen, duly make and publish a codicil to my said Will,
attested by Wesley DeBruler and Levi McCollum; and I now ratify and confirm the
said Will and Codicil, except 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 Moses to my daughter
Hannah ~~

   I give and bequeath my negro Boys 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 Rosan to my Daughter Hannah her Executors and Admrs.
forever ~~ And I give my negro Darkee to my wife forever

    I give my two negroes Joseph and Rachael to my daughter Phebe her
Executors and Administrators forever

    In testimony whereof I have hereunto set my hand and affixed my seal
this twentieth day of August A.D. 1823

Signed, sealed, published and declared }
in the presence of us .   .   .   .    }        Samuel Thompson (seal)

        David Yarbrough
        James Child

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 Admrs.
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 Admrs. forever ~~ And I give bequeath the said
negro Boy Billie to my Daughter Phebe Clancy her Executors and Admnrs.
                                                 for ever

[page 7]
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 Septr. AD
1824.

Signed, Sealed, published and }
declared in the presence of us }                 Samuel Thompson (seal)

James Child      }
David Yarbrough  } Jurat

[Will Book Volume E, page 195]
In the name of God amen. I Samuel Thompson, of the 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

[Will Book Volume E, page 196]
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 express 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 Daughters from whom the said
recovery be made, to be divided amongst them in proportion to the
loss 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
Bedstead and 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, and
one Cow 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, Jince and Jim, one horse named
Cole, two Beds, bedsteads and furniture, one Cow & 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
Newcumm, 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, Forridge[forage], provisions, all

[Will Book Volume E, page 197]
household stores and furniture not bequeathed, Kitchen furniture, plantation
tools and utensils, Wagon and Geers, and all the residue of my personal
estate except the Cash on hand; subject however to the regulations hereafter
expressed ~~~ I give and devise that tract of Land where I now live contain
=ing about one hundred and eighty seven acres, also a tract of land ad
=joining Cain & Ray and Ruffin; containing about sixty two acres, to my wife
Isabell and three daughters Frances, Hannah and Phebe, to be possessed, manag
=ed, 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 therefrom, or such part of the said personal property, profits
and increase as may be necessary and advantageous to be kept on 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 or
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 possess
=ion 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 their
marriages respectively, at which time they and their [husbands] respectively shall become
entitled to the seperate possession and use of the personal property Willed
to them seperately and jointly as aforesaid; and their respective immediate
interests in the real estate aforesaid shall cease; and the said real estate
and my Wife's personal property willed to her seperately and jointly as
aforesaid, shall be and remain in her possession to her seperate 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 her personal property aforesaid at her death although
that event should take place before the marriage of either or all of
my said [three] daughters. And it is also my will that if any one or more
of my said [three] 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,

[Will Book Volume E, page 198]
for her and their use and benefit as aforesaid, and after the death of my
wife and marriage and marriage[sic] 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 [out] 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 this Will ~~~

I do nominate, constitute and appoint my wife Isabell Executrix and
my friend William Norwood Atto. 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 (seal)
David Yarbrough
James Child

This is a Codicil to the last Will and testament of me 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 do therefore revoke the bequest of fifty
dollars to him, contained in 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

[Will Book Volume E, page 199]
to her in my said Will --- And whereas I bequeathed my negro
Girl Jince 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 Jince; and do hereby give
and bequeath the said Jince to my daughter Frances and also the increase
of my negro woman Dinah from this time, to her, her Executors and Adminis-
-trators 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, to 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 evidence whereof
I have hereunto set my hand and affixed my seal this 11th day of November A.D. 1815.

Signed, Sealed published and declared   }
to be his Codicil, and part of his last }                  Samuel Thompson
Will and testament in the presence of   }
Wesley DeBruler
Levi McCollum

Whereas I Samuel Thompson of the County of Orange, did on the sixth
day of January in the year one thousand eight hundred and thirteen duly
make and publish my last Will and testament in writing, Witnessed by
David Yarbrough and James Child; and on the eleventh day of November
in the year One thousand Eight hundred and fifteen 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
except 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 Moses to my daugh
=ter Hannah ~~~ I give and bequeath my Negro boys Billie and
the said Moses to my son Richard Thompson his Executors and Ad
=ministrators forever -. I give my Negro Rosett to my daughter
Frances to her her Executors and Administrators forever ~~~
I give my Negro Rosan 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 ~~~

[Will Book Volume E, page 200]
In testimony whereof I have hereunto set my hand and affixed my
Seal this twentieth day of August A.D. 1823.

Signed Sealed Published and declared }
in the presence of                   }           Samuel Thompson
David Yarbrough
James Child

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 Admnr. forever  ~~ And I give bequeath the said
Negro boy Billie to my daughter Phebe Clancy her Executors and Admnr.
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 us  }                 Samuel Thompson
James Child
David Yarbrough

                               Orange County August Term 1829
The Execution of the foregoing last Will and Testament of Samuel
Thompson decd. and of the second and third Codicils thereto was duly
proved in open Court by the Oaths of David Yarbrough & James Child
subscribing Witness thereto, and the execution of the first Codicil
thereto was duly proved in said Court by the Oath of Levi McCollum
a subscribing Witness thereto ~~ And Ordered to be recorded ~~~

                            Test~~

Additional Comments:
Will Book Volume E, pages 195-200
Recorded Aug 1829

Estate Papers comprise five pages and are found in a folder labeled "Thompson, Samuel (1829)"

[Estate Papers - Inventory Nov 1829]

An Inventory of the Personal estate of Samuel
Thomson[sic] deced rendered by J.W. Norwood
admr. with the will annexed at Nov Term
1829--

[sundry articles omitted]

Negroes, Dinah, Jince, Peter
Ned, Harry -- Philip John
Moses, Jim, Bill Harry
Rachael - Anderson, Mary
Flora, Cate, Darke, Ben
Charles, Tinah, & Easer