Orange County NcArchives Wills.....Thompson, Thomas November 18, 1836 ************************************************ 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 F, pages 102-104 Written: November 18, 1836 Recorded: Aug 1841 Testator: Thomas Thompson State of North Carolina Orange County In the [name] of God Amen I Thomas Thompson of The County and State aforesaid being in perfect Mind and memory and knowing that it is Appointed for all men to die do think proper to make this my last Will and Testament that is To Say First I Give and bequeath my soul to Almighty God who gave it nothing doubting but I shall receiv[e] the same from him again in the greate day of God my body I recommend To the Earth to be buried With a decent Christian Burial at the discretion of my Executors hoping To receiv[e] the Same by the greate power of God at the resurrection of the Just ~~~ As touching the worldly estate wherewith it Has pleased God to bless me in this life I do give And bequeath in the following Man[n]er To Wit First I give and bequeath to my beloved wife Elizabeth Thompson to wit three negroes named Jean Lydia and Ned her natural life time at my wife D[e]ath All three negroes Jean Lydia and Ned to be Sold And Equal[l]y divided amongst my children that is Two hor[s]es hir choise and my Waggon, two Cows hir Choice five Sheep hir choice Two sows and piggs hir choise Fifty dollars in money and the plantation which I now live [on] Cupboard and its contents the cupboard and all Other propprty Except the land to be Sold and Equally Divided amongst all my children at my wife[s] ded. My old track and the Samuel Woody Tract both to belong To my sone John Thompson that is provided he takes Care of his Mother hir life time The Ballanc[e] of my propperty to be sold and Equal[l]y divided amongst all my Children [page 2] Except my big Meadow w[h]ich I sold one half of Said Tract to my Soninlaw William Thompson the other To be sold at my death and Equally divided amongst All my Children lastly I leave my Sone John Thompson To be my Ex[ec]utor with any other he may Cho[o]se As witness my hand and seal this 18th Novem 1836 W. Bradshaw Jno Thompson Thomas Thompson (seal) Codicil The Negroes that I gave to my daughter are to belong to their hiers[sic] that belong to their body As witness my hand and seal this 18th November 1836 W. Bradshaw Jno Thompson Thomas Thompson (seal) 2nd Codicil I bequeath to my beloved wife Elizabeth Thompson Three Feather beads and firniture Three Tables My Clock Beaureau and Chest One half my household and Kitchen firniture Six chears hir Saddle and bridle which she rides [Will Book Volume F, page 102] State of North Carolina Orange County In the name of God Amen I Thomas Thompson of the County and State aforesaid being in perfect mind & memory and know- ing that it [is] appointed for all men to die do think proper to make this my last Will and Testament that is To Say. First I Give and bequ- eath my soul to [Almighty] God who gave it nothing doubting but I shall receive the same from him again in the great day of God my body I recommend to the Earth to be buried with a decent Christian burial at the discretion of my Executors hoping to receive the same by the great power of God at the resurrection of the just As touching the worldly [Will Book Volume F, page 103] Estate wherewith it has pleased God to bless me in this life I do give And bequeath in the following manner (To wit) First I give and bequeath to my beloved wife Elizabeth Thompson (To wit) three negroes named Jena Lydia and Ned her natural life time at my wife's death all three negroes Jena Lydia and Nead to be sold And equally divided amongst my children [that is] Two horses her choice and my Waggon two Cows her choice five Sheep hir choice Two sows and pigs her choice fifty dollars in money and the plantation which I now live on the Cupboard and its contents the cupboard and all other property except the land to be sold and equally divided amongst all my children at my wifes Decd. my old tract ["of" x-out] and the Samuel Woody tract both to belong To my son John Thompson that is, provided he takes care of his mother her life time the ballance of my property to be sold and equally divided amongst all my children except my big meadow which I sold one half of said tract to my soninlaw William Thompson the other to be sold at my death and equally divided amongst all my Children lastly I leave my son John Thompson to be my executor with any other he may chose as witness my hand & seal this 18th November 1836 W. Bradshaw Jno Thompson Thomas Thompson (seal) Codicil The Negroes that I give to my daughter are to belong to their heirs that belong to their body as witness my hand & seal this 18th November 1836 W. Bradshaw Jno Thompson Thomas Thompson (seal) [Will Book Volume F, page 104] Orange County August Term 1841 [probate statement not recorded in will book] Additional Comments: Will Book Volume F, pages 102-104 Recorded Aug 1841 Second codicil, found in original loose will, is missing from the will book version. Estate Papers comprise eight pages and found in a folder labeled "Thompson, Thomas (1841)". A second folder also may pertain to this estate, labeled "Thompson, Thomas (1840)" and comprised of 29 pages. Testator died in Sep 1840. It appears that the slave Sam was sold about Nov 1845 to Grey Utley for $500. Six adult children survived the testator. [Estate Papers - Inventory and Estate Sale Feb 1842] [sundry articles omitted] List of the hier of the Negroes $ Sam 55 00 Daneel 41 25 Mary 11 10 Lidy Chield 6 01 James 13 Jane 5 51 Sold on the 4 of January 1842 the negro Daniel $600 80 Sam 400 3 James 300 95 Mary 500 Liddy 300 1 July 100 57 Jane . . 1 1 track of lan[d] conta[i]ning 134 acors 20066 50 [Estate Papers - Petition Nov 1840] North Carolina } Court of Pleas & Quarter Sessions Orange County } Novr Term 1840 To the Worshipful Justices of he Court aforesaid The Petition of Elizabeth Thompson widow of Thomas Thompson decd. agt John Thompson Admr. etc. Humbly complaining sheweth to yr, Worships that the late Thos: Thompson of Orange County departed this life in the month of Sepr last past leaving yr. petitioners & six children him surviving all of which children are grown & surviving all of which children are grown & having families -- they constitute the legal re- presentatives & next of Kin of said Thomas That said Thomas left a paper writing pur- =porting to be a Will which was offered at the present Term of this Court for probate by the person named as Exr. but which said paper hath been con =tested by the children of the said Thomas & a caveat is now pending in ?????? ?????: whether the same be a will or not Yr. petitioner prefers to take the provision which the Law allows herein preference to taking ??? said Will if it be established & therefore she did at the present term enter formally her dissent from it & hath d??? the same intent of ???? om this Worshipful Court - yr. pe- =titioner represents to yr. Worships them the said Thomas died possessed of a large personal Estate & of stock, crop [page 2] & provision on hand to a considerable amount And that the Deft. John Thompson was appointed Admr. pending the said controversy as to the Will & hath taken the property of every Kind into his possession She prays that hr. Worships will appoint Commissions to view the Crop, Stock & pro- =visions on hand of the said Thomas & that they may lay off, allot, & assess to her one years maintenance thereout agreeably to the provisions of the Act of Assembly in such case ???? & provided & yr. ptr. as in duty bound &c Worshipfully yr. Petr. [Estate Papers - Caveat of Will Nov 1840] Court of pleas & quarter Sessions Novr term 1840 John Thompson appears & in open Court produ- =ced a paper writing in the words & figures foll- =owing towit. [most of page left blank] which he offered for Probate as the last Will & Testament of Thomas Thompson deceased, being therein named as Exr -- Whereupon came Wm. P. Thomps on & wife Sarah, Hiram Johnson & wife Elisabeth [page 2] Abigail Freeland _________ Wooten & wife Eliz- =abeth, Nancy E. Morphis, Mary Ann Morphis James Morphis, Julia Morphis Harriet Mor- phis, Ellen Morphis, which last appear by their father & next friend Alexr. Morphis who caveat the probate of said paper & deny that it is the last Will & Testa- =ment of said Thomas Thompson And there- =upon the Court doth order that an issue be made of to try whether the said paper writing be the last Will & testament of said Thomas Thompson or not & the same be submitted to a Jury at the March Term of this Court. --- [Estate Papers - Petition (undated)] State of North Carolina Orange County - Court of Pleas & Quarter Sessions To the Worshipful Justices of said Court Your Petitioners Robt. Wooten and wife Elizabeth humbly complaining shew to your worships that some two or three years ago that Thomas Thompson a resident of the County of Orange died leaving to Nancy W Morphis his daughter a certain negro slave by the name of Sam your Petitioners further shew that the said Nancy is dead and that your Petitioner Elizabeth who was intermarried with your Petitioner Robert is her Daughter and heir - your Petitioners further shew that the said Nancy has left six other child -ren Emeline Mary Ann Julia Harriet James and Ellen. Your Petitioners Robert further shews that he has purchased the right and title of the said Emeline who is of age and has intermarried with one John Mathews Your Petitioners further shew that of the above children of the said Nancy - Julia Harriet James and Ellen are infants and that James Newland of this county is their guardian Your Petitioners further shew that in order to effect a right and property distribution of the said property among the several joint tenants a sale will be necessary Your Petitioners therefore pray your Worships to order a Sale of the said negro and that your worship[s] appoint some suitable person to conduct such sale after given thirty Days notice in three public places in [page 2] the county and that your worships instruct such person to make a report to the next term of this court after the Defendants shall have an opportunity of answering this Petition his[?] proceedings in this case. Your Petitioners further shew that the said Mary Ann has intermarried with one Richd. Cain of the County of Cumberland and Your Petitioners pray that they together with James Newland Guardian of the above named infant be made Defendant to this Peti -tion and that the usual summons according to act of assembly issue to them and as in duty bound your Petitioners will ever pray -- ?Mebane?? Sol for Pet