Orange County NcArchives Wills.....Umstead, John January 23, 1829 ************************************************ 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 182-183 Written: January 23, 1829 Recorded: May 1829 Testator: John Umstead In the name of God, Amen:- I John Umstead of the County of Orange & State of North Car =olina, being of sound & disposing mind & memory revoking & annulling all other Wills by me here= tofore made, do make & ordain this as my last Will & testament in manner & form following to wit. I desire my Executors hereinafter named to pay all my just debts:- I give & devise to Morgan Hart & his heirs forever, the Home plantation whereon I now reside & also the plantation whereon the said Morgan now lives, with all their appur= =tenaces, including the stock of every descrip= tion & farming utensils:- I also give & bequeath to Morgan Hart my negro slaves Jordan, Isaac John & Phillis in absolute property & ownership And whereas my woman slave Dicey has been faithful in her various duties & has rendered me meritorious services, for which I am disposed to reward her in the only way now in my power, I therefor give & bequeath to my friend Catlett Campbell & Thomas D. Benne- han, their Executors & Administrators, the said [page 2] negro slave Dicey & her two children Emiline & Har- =riet, in special trust & confidence, to & for the pur- =poses hereinafter mentioned; that is to say, that my said friends, so soon after my decease as they shall deem it expedient shall take the necessary legal steps to have said slaves Dicey & her two children, manumitted & liberated & in the mean time, until such manumission shall be effected, it is my Will & desire that the labour of said slaves & the profits & proceeds thereof shall enure to the use & benefit of the aforesaid slaves only & to the benefit of no other person whatever: And in further trust & confidence, that in case the aforesaid Trus= =tees, should fail of effecting the manumission of said slaves from any cause, then & in that case, the labour of said slaves & the profits thereof shall continue to enure to the only proper use & benefit of said slaves & their issue, so long as they or any of them shall live & for the support of said slave Dicey & her children, I give & bequeath to the said Trustees all my Household furniture, for the use & benefit of said Slaves:-- I give & devise to my friend John Umstead [page 3] Kirkland, a tract of Land lying on the waters of the Obion River in the State of Tennessee to him & his heirs in fee simple:-- I devise & bequeath to Catlett Campbell & Thomas D. Bennehan Esqrs. their Heirs & assigns forever, all the rest & residue of my Estates both real & personal:---- I nominate constitute & appoint my fiends Catlett Campbell & Thomas D. Bennehan Executors of this my last Will & Testament, In testimony whereof I have hereunto subscribed my name & affixed my seal, this 23rd day of January 1829: Signed, sealed, published } Jn. Umstead (seal) & declared in presence of } James Webb } Wil Kirkland } Hugh Waddle } Jurat [Will Book Volume E, page 182] In the name of God, Amen, I John Umstead of the County of Orange & State of North Carolina, being of sound and disposing mind & Memory, revoking [& annulling] all other Wills by me heretofore made, do make & ordain this as my last Will & Testament in in[sic] manner & form following (to wit). I desire my Executors here -inafter named to pay all my Just debts, I give & Devise to Morgan Hart & his Heirs forever, the Home plantation whereon I now reside & also the plantation whereon the said Morgan now lives with all the appurtenances, including the Stock of every description & farming tools[utensils]-- I also give and bequeath to Morgan Hart my Negro Slaves Jordan, Isaac, John & Phillis, in absolute property & Ownership -- And whereas my woman slave Dicey has been faithful in her various duties & has rendered me meritorious Services, for which I am disposed to reward her in the only way now in my power, I therefor give & bequeath to my friend Catlett Campbell & Thomas D. Bennehan, their Executors & Administrators, the said negro slave Dicey, & her two children Emiline & Harriet, in special trust & confidence, to & for the purposes hereinafter mentioned, that is to say, that my said friends, so soon after my decease as they shall deem it expedi =ent, shall take the necessary legal steps to have said Slaves Dicey & her two children, manumitted & liberated & in the mean time, until such manumission shall be effected, it is my Will & desire that the labour of said slaves & the profits & proceeds thereof, shall enure to the use & benefit of the aforesaid slaves only & to the benefit [Will Book Volume E, page 183] of no other person whatever. And in further trust & confidence, that in case the aforesaid Trustees, should fail of effecting the manu =mission of said Slaves from any cause, then & in that case, the labor of said slaves & the profits thereof, shall continue to enure to the only proper use & benefit of said Slaves & their issue, so long as they or any of them shall live, & for the support of said Slave Dicey & her children, I give & bequeath to the said Trustees all my Household furniture, for the use & benefit of said Slaves:-- I give & devise to my friend John Umstead Kirkland, a tract of Land lying on the waters of [the] Obion River in the State of Tennessee to him & his heirs in fee simple-- I devise & bequeath to Catlett Campbell & Thomas D. Bennehan Esqrs. their Heirs & assigns forever, all the rest & residue of my Estates both real & personal:-- I nominate constitute & appoint my fiends Catlett Campbell & Thomas D. Bennehan Executors of this my last Will & Testament. In testimony whereof I have hereunto subscribed my name & affixed my seal, this 23rd day of January 1829. Signed, Sealed, published } & declared in presence of } Jn. Umstead (seal) James Webb Wil. Kirkland Hugh Waddell Orange County May Term 1829 The Execution of the foregoing last Will and Testament of John Umstead decd. was duly proved in open Court by the Oath of Hugh Waddell one of the subscribing witnesses thereto, and ordered to be recorded Test Additional Comments: Will Book Volume E, pages 182-183 Recorded May 1829 Estate Papers comprise 32 pages and are found in a folder labeled "Umstead, John, Dr. (1829)" [Estate Papers - Inventory Aug 1829] An Inventory of the Estate of Dr. Johyn Umsted Deceased Returned at August Term of Orange Couty Court of Pleas and Quarter Sessions 1829 by James Webb Adm with the will annexed [Sundry articles omitted] Negroes John, Isaac, Jordon & Phillis were devised to Morgan Hart & delivered Anaka, Henderson Synthia Dandridge Frank[?], John, Nelly, Mary, Dicee Wm Margaret, Phereba, Ben & Amey Robin Phoeba, Violet, Wester, Ovid Amey Monore[?[, Betty, Peggy, Jessy, Beckey, Jerry Frances Ben Dicee, Emeline, Harriett [Estate Papers - Estate Sale Aug 1829] Account of Sales of the Estate of John Umstead Deceased Negroes Age Price Anaka 70 year old at nothing Henderson 20 450 Synthia 37 250 Dandridge 18 450 Frank 7 200 John 5 175 Nilly 34 250 Mary 7 150 Dicee 7 150 William 5 150 Margarett 1 100 Pherabee 22 300 Ben 25 500 Amy 64 25 ________ 3150 Were sold to Thos. D. Bennehan for three thousand one Hundred & fifty Dollars Cash James Webb Augst Term 1829 Adm [Estate Papers - Emancipation of Dicey 1 Dec 1831] State of North Carolina Be it remembered that at a Superior Court of Law began and held for Orange County at the Court house in Hillsbo= =rough on the second Monday of September Anno Domini 1829 before the Honorable William Norwood Esquire Judge presiding Catlet Campbell & Thomas D. Bennehan Esquires Executors of Doct John Umstead deceased upon Petition to the Court obtained leave to emancipate a Negro woman Slave named Dicey the property of the said late John Umstead deceased upon the said Catlet Campbell & Thomas D. Bennehan esquires entering into Bond with Security agreeably to Law to secure the county against said Slave becoming a County charge. -- Thereupon they entered unto Bond with William Kirkland security in the sum of one hundred pounds agreeably to act of Assembly in such case made & provided In Testimony whereof I Abner B. Bruce Clerk of said Court do hereunto subscribe my name and affix the Seal of said Court at Office in Hillsborough this 30th day of November Anno Dom 1831 A.B.Bruce CCC [page 2] We Catlet Campbell & Thomas D. Bennehan Executors of the last Will & Testament of Doctr John Umstead deceased in pursuance of the last Will & Testament of the said Testator and the Licence given us from the Superior Court of Law within mentioned we do hereby Emancipate and set free the said Negro woman Dicey and her future increase forever from Slavery she and they conduct= =ing themselves in all respects as become people of Clolour, and obs =serving & complying with te Laws of this State; and demeaning them= =selves as peaceable Citizens thereof -- Given under our hands and Seals at Hillsborough this first day of December AD 1831 [Deed from John Umstead to John Williams - 26 Feb 1789] [Will Book Volume B, page 53] Know all men by these presents that I John Umpstead of Orange County Doctor of Physic in consideration of Ninety pounds lawful Money to me in hand paid by John Williams of Chatham County attorney at Law at or before the Sealing and delivery of these presents the receipt whereof I do hereby acknowledge and thereof do hereby Acquit release and discharge the said John Williams his Executors and Administrator Have bargained Sold and delivered and by these presents Do hereby bargain sell and deliver unto the said John Williams his Executors Administrators [and] assigns One Negro Man Slave named Damon of the Age of twenty three Years or thereabout and all my right property Interest therein To have and to hold the said Slave and premises unto the said John Williams his Executor Administrators & assigns to and for his and their own proper use and as her & their own proper Slave from henceforth forever more and I the said John Umpstead for myself my Heirs Executors and Administrators Do hereby covenant promise and agree to and with the said John Williams his Executors & Administrators that he the said John Umstead shall and will at all time hereafter warrant and Defend the said Slave to the said John Williams his Executors Administrators & assigns against Me[?] and that the said Slave is now sound healthy from from[sic] fits and all disordered & Sensible In Witness whereof I the said John Umstead have hereunto set my hand & Seal this twenty Sixth day of February in the year of our Lord one thousand Seven hundred and eighty Nine Sealed & Delivered In the presence of John Umstead (seal) J Christmass Jurat [The right margin of this page is cut off, so for several of the lines, the transcription is a guess.] [Bill of Sale - Norman Bigalow to John Umstead - 9 Feb 1791] [Will Book Volume B, page 110] Know all men by these presents that I Norman Bigalow Now of Orange County and State of North Carolina for and in consideration of the sum of one hundred & twenty pounds current money of the State of Virginia to me in hand paid at and before the Sealing and delivery of these presents by John Umstead of the County State aforesaid the receipt whereof I do hereby acknowledge and myself to be therewith satisfied contented and paid Have Granted bargained and Sold and released and by these presents doth fully clearly and absolutely Grant bargain sell and release unto the said John Umstead his Heir and Executors forever, a certain Negroe fellow named Robin about twenty years of age sound and in good health, a dark bay Mare Six years old about four feet ten Inches high, sound except a Lameness in or of her fore legs, and one single high top chaise or carriage with harness complete ~~~ To have and to hold all and severally the above mentioned property unto the said John Umstead his hers or Executor his or their only proper use and behoof forever, and I the said Norman Bigalow for myself my heirs Executors, Administrator and assigns from & against all persons shall and will warrant & defend the Sale of the above mentioned property In witness whereof I have hereunto set my hand Seal this ninth day of February one thousand Seven hundred & ninety One Signed Sealed & delivered } In the Presence of } Norman Bigelow (wax seal) James Grant Jurat } North Carolina Orange County Feb Term 1791 The Execution of the above Bill [of] Sale was duly proved in open Court by the Oath of James Grant the subscribing witness thereto & ordered to be recorded S. Benton