Robeson County NcArchives Court.....Faison, Nancy 1862 ************************************************ 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: Sam West sam.west.1@gmail.com October 5, 2015, 1:02 am Source: Court Of P's & Q's Written: 1862 May Term 1866 Tuesday State of North Carolina } Superior Court of Law Robeson County } Spring Term A D 1866 Judgement desvisary Vel non Neill A McLean Exe of Nancy Faison as Thomas Purnell and wife et al Issue of divisavel vel non to the paper writing the last Will and testmant of Nancy Fairson or not. The following Jury were empannelled to wit R M Patterson, John C McMillan, D D McNeill, Robert A McGeachy, Allen Inman, Duncan McCormick, Samuel Stone, W S Johnson, Duncan Bethune and Peter McLauchlin, being chosen true and sworn to try the iSsue joined between said parties upon their oath say that the paper writing offered for probate by N A McLean propounded and every part thereof is the last Will and Testament of the said Nancy Faison which paper writing is in words and figures following viz. In the name of God Amen I Nancy Faison of the County of Robeson and State of North Carolina being of sound and disposing mind and memory do make and publish this my last will and testament as follows I give and devise to Samuel Phillips (son of JeSse Phillips) all my land in Robeson County to have and poSseSs during his live time then to his heirs in fee simple absolutely. I also give and bequeath to Samuel Phillips my negroes Jerry and Frank to him and his heirs on this condition however that they are to remain at the old homestead which condition however is not intended to effect the title in said negroes to Samuel Phillips & his heirs but is merely a request on my part. I also give Samuel Phillips wife & children four Cows and Calves which I also devise to remain on the plantation In the event that I do not sell my negroes Mariah and three Children my will and desire is that they belong to Susan Henrietta Wishart daughter of Eli Wishart to be under the control and Management of said Eli Wishart until his daughter arrives at the age of twenty one Years or marries in which event they are to belong to the said Susan Henrietta and her heirs absolutely. I give and bequeath my negro boy Wright to JeSse Phillips to be his absolutely and to Elizabeth Phillips and her children equally I give and bequeath Phebe the said Elizabeth to have the use of said\ negro Phebe conjointly with her Children and at her death then the said Phebe shall belong to the Children of JeSse and Elizabeth Phillips absolutely share and share alike To Joanna Phillips and her children and such children as she may have I give and bequeath my Girl Harriet unto said Joanna to have an equal entities with her child and Children during her left time and at her death the said Harriet shall belong to her child or children absolutely share and share alike. I give and bequeath to Helen M Phillips wife of Jordan L Phillips and Elizabeth Phillips wife of JeSse Phillips together with the Children of each of them equally to be divided share and share alike all my stock of all Kinds which may be on hand at the death together with household and Kitchen furniture notes bonds accounts monies & c. I give to be equally divided between them share and share alike that is to say it shall be --------------------------------------------------------------------- Divided into two portions one portion of which shall belomng to Helen M Phillips and her children and the other portion to Jordan L Phillips and his Children, which division however shall not take place until all my debts shall be paid from the same, my Will and desire is that the property bequeathed to the feme Covents above named shall not vest absolutely in them or their husbands but that they have an estate for life in the use and enjoyment of the same and that the absolute property therein vest in their children To Samuel Phillips I give and bequeath what Crop may be\ on hand belonging to me at the time of my death, whether the same be a growing Crop or gathered. It is expressly understood that I will my debts paid out of my stock, household and Kitchen furniture monies on hand notes & c farming utencils & c before the division of the same shall take place. I nominate and appoint Neill A Mc Lean Executor to this my last Will and testament In testimony whereof I have hereunto set my hand this 24 July AD 1862 her Nancy + Faison Mark Signed published and declared by the said Nancy Faison to be her last Will and testament in presence of us witneSses Eli Brumble Calvin Flowers Whereupon the Court doth adjudge that the said paper writing and every part thereof is the last Will and testament of the said Nancy Faison and executed so he to give and convey real and personal estate, the Clerk will make up a transcript of the proceedings and with it shall send down to the Court of Pleas & Quarter SeSsions the original will and a writ of procendendo to the end that N A McLean may qualify as executor and have letters tesamentory allowed from the said Court Rule for new trial, rule discharges, Judgement and appeal to the Supreme Court. Judges Case filed. I Hugh B Regan Clerk of the Superior Court of Law of the County of Robeson do surely Certify that above is a full true and perfect transcript of the record of said Court in the case of Neill A McLean Exr of Nancy Faison vs Thomas Purnell and wife et al In testimony whereof I do hereunto subscribe my name and Affix the seal of said Court at office in Lumberton this 18th day of May A D 1866 Hugh B Regan CSC State of North Carolina To the parties Clerk & other Officers of the Court of Pleas & Quarter SeSsions of Robeson County Whereas in a case lately pending in said Court of Pleas & Quarter SeSsions upon an iSsue of “Devisavit Vel non” wherein Neill A McLean Executor of Nancy Faison was plaintiff and Thomas Purnell & wife And others defendants, by an appeal from the judgement of said Court acndered at May Term AD 1864 by Neill A McLean Executor &c To the Superior Court of law of Robeson County and whereas an iSsue of divesavit vel non was ordered & true by said Superior Court in the case aforesaid at Spring Term A D -------------------------------------------------------------------------- 1866 and by verdict & judgement of said Court in said Case, the Paper writing propounded by Neill A McLean executor therein named as the last Will & Testament of Nancy Faison decd and every part & parcel thereof is the Last Will & Testament of the said Nancy Faison sufficient in Law to convey real and personal estate as will more fully appear from a certified copy of the verdict & judgement aforesaid herewith sent Now therefore we command You that the said paper writing here with returned be field in the office of the Clerk of the Court of Pleas & Quarter SeSsions for Robeson County as the last Will & testament of Nancy Faison decd and that the same together with the probate thereof be recorded according to law, and that letters testamentary on the same iSsue to Neill A McLean the executor therein named, when he will qualify as such Witnessed Hugh B Regan CSC Source: Robeson Co NC Court of Pleas and Quarter Sessions, May Term 1866, pp 59- 61 Additional comments: Nancy Storm Faison, was a daughter of John Storm and wife Jemima Chancey Storm. 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