SALISURY DISTRICT, N.C., EQUITY ENROLLING DOCKET 1789-1794, PAGES 29 THRU 42. - Rowan County, NC - Court --- NAME: Pauline Mitchell Pierce EMAIL: pollyp@e-tex.com SURNAMES: McCOLLUM, WEATHERFORD, PARISH, RODGERS, BETHEL DATE: Jan 08 1999 QRYTEXT: 4 of 13 pages given here. SALISURY DISTRICT, N.C., EQUITY ENROLLING DOCKET 1789-1794, PAGES 29 THRU 42. Pg. 29th. Salisbury District: To the Honorable the judges of the court of Equity for the district aforesaid the Bill of Complaint of JAMES MCCOLLUM surviving executor of the last will and testament of DANIEL MCCOLLOM deceased, and WILLIAM MCCOLLOM, DAVID MCCOLLOM, ISAAC MCCOLLOM, JACOB MCCOLLOM, THRASHER MCCOLLOM and CLOUD MCCOLLOM, legatees in the will of the said DANIEL, Complainants. Humbly complaining sheweth unto your Honors your orators the said JAMES, WILLIAM, DAVID, ISAAC, and the said JACOB, THRASHER and CLOUD who are infants under the age of twenty one years and sue by the said JAMES, their brother and next Friend, that the said DANIEL your orators late Father deceased, being in his life time and at the time of his death, seized, possessed of and interested in a very considerable estate both real and personal, particularly _______ acres of land, situated on the west side of Hogans Creek in the County of Rockingham and being minded to settle and dispose of the same, did on or about the first day of March Seventeen Hundred and seventy nine, being of sound and disposing mind, memory and understanding, duly made and published his last will in writing to the purport, Pg. 30th. substance and effect following, that is to say, first he gave and bequeathed, to the said JAMES MCCOLLOM a part of the said lands beginning at the said Creek; thence to a Persimman tree at the upper end of a pond, thence west to the back line of the new entry, and that the part of the said lands on the forth side of that line should be his and his heirs for ever ---- Then the said DANIEL did give and bequeath unto his wife MARY all the remainder of his property both real and personal during her natural life or widowhood and then requested that at the death or marriage of his said wife, all his personal property real and personal should be sold, and the money put upon interest for the benefit of his six youngest sons, namely, WILLIAM, DAVID, ISAAC, JACOB, THRASHER & CLOUD, and if any of the boys died without issue the survivers should take their part. --- ITEM: He also gave and bequeathed to to six of his children that were married (to wit) JOHN, SAMUEL, PIERCES, ANNE, RUTH, and MARY one shilling each or the value there of in what they should choose, and appointed MARY MCCOLLOM his wife Executrix and the said JAMES his son Exector of his said will --- Which said will was duly signed, sealed and publish! ed by the said DANIEL MCCOLLOM your orators Father, as his last will and testament in the presence of DAVIS PHILPOTS, THOMAS WEATHERFORD & ELIZABETH PARISH, now since her marriage called ELIZABETH RODGERS whose names were subscribed to the said will, as witnesses to the same. Your orator futher swreth unto your honors that shortly after making the said will, to wit: about the first of APRIL SEVENTEEN HUNDRED and SEVENTY NINE, the said DANIEL MCCOLLOM departed this life, without revoking or making any alteration to the same, so seized and possessed as aforesaid leaving the above mentioned JOHN MCCOLLOM his eldest son and heir at law. And the said will was exhibited at the May session of the court of the County of Guilford by the said MARY and the said JAMES Executrix and Executor there of and by the said court legally admited to probate, and ordered to be recorded, and the said MARY and the said JAMES then took upon themselves the bother of the Executions thereof and were duly qualified to the same by taking the oath in such case made and provided by law. Your orator further sheweth, that during the late War, to wit; about the monthe of March or Feburary, Seventeen Hundred and Eight one, the British Army, among the many Barbrious and Wanton Ravages commited in this county, destroyed the greatest part of the records of the said court of Pleas and Quarter Sessions of the county of Guilford, and that the orginal will of the said DANIEL MCCOLLOM and the record there of were among other records at that time, utterly destroyed by the enemy as aforesaid. Your orator further shows that the said MARY the widdow and devisee as aforesaid did not afterwards marry, but has since departed this life to wit, about the month of DECEMBER ___ SEVENTEEN HUNDRED EIGHTY THREE and agreeable to the will of the said DANIEL MCCOLLOM, your orators the said JAMES Surviving Executor as aforesaid, Sold and disposed Pg. 32nd. of all the remainder and residue of the property both real and personal of the said Daniel, that the money arising therefrom might be put out to interest according to the direction of the said Testor and a certain SAMUEL BETHEL became the purchaser of the remainder of the lands and real estate so bequeathed to the said MARY as aforesaid containing by estimation Three Hundred & Seventy acres of valuable land, for which the said SAMUEL agreed to give four hundred and ninty pounds or there abouts, and secured the same by bond with two good and suficient securities. ---- And as the said DANIEL had duly made and published the said will, and the same having been admited to probate in manner aforesaid your ortator JAMES well hoped that he should have quietley and peaceabley held and enjoyed the small tract of land so devised to him and your orators the said WILLIAM, DAVID, ISAAC, JACOB, THRASHER & CLOUD also expected destroyed the greatest part of the records of the said court of Pleas and Quarter Sessions of the county of Guilford, and that the orginal will of the said DANIEL MCCOLLOM and the record there of were among other records at that time, utterly destroyed by the enemy as aforesaid. Your orator further shows that the said MARY the widdow and devisee as aforesaid did not afterwards marry, but has since departed this life to wit, about the month of DECEMBER ___ SEVENTEEN HUNDRED EIGHTY THREE and agreeable to the will of the said DANIEL MCCOLLOM, your orators the said JAMES Surviving Executor as aforesaid, Sold and disposed Pg. 32nd. of all the remainder and residue of the property both real and personal of the said Daniel, that the money arising therefrom might be put out to interest according to the direction of the said Testor and a certain SAMUEL BETHEL became the purchaser of the remainder of the lands and real estate so bequeathed to the said MARY as aforesaid containing by estimation Three Hundred & Seventy acres of valuable land, for which the said SAMUEL agreed to give four hundred and ninty pounds or there abouts, and secured the same by bond with two good and suficient securities. ---- And as the said DANIEL had duly made and published the said will, and the same having been admited to probate in manner aforesaid your ortator JAMES well hoped that he should have quietley and peaceabley held and enjoyed the small tract of land so devised to him and your orators the said WILLIAM, DAVID, ISAAC, JACOB, THRASHER & CLOUD also expected that they shoud have enjoyed the benefit of the small provision made for their support and education by their said Father, agreeable to the directions of the said will, as in all Humanity, equity and justice they ought to have done. But now so it is may it please your honors, that the said JOHN MCCOLLOM your orators brothers and heir at law to the said DANIEL MCCOLLOM deceased, in order to defeat and defroud your orators of the benefit of their fathers will, and the primisses thereby to them devised, hath combining and confederating with the said SAMUEL BETHEL and divers other persons at present unknown to your orator. ********************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. **********************************************************************