Probate records, Warren Co. NC Vol. 1 pp.105-109
Know all men by these presents that we Temperance CHRISTMAS, Nathaniel PEABLES and Thomas CHRISTMAS all of the County of Bute in the province of North Carolina are held and firmly bound unto his Excellency William TRYON in the just and full sum of two hundred and fifty pounds proclamation money to be paid unto the said William TRYON his Successors or Assigns to which payment well and truly to be made we bind yourselves and every of us jointly and severely for and in the whole our heirs executors and administrators and every to them presents. Sealed and dated the 19th day or February Anon Dom. 1770.
The condition of this obligation is such that if the above bound Temperance CHRISTMAS Admrx. Of all and singular the goods and chattels, rights and credits of Thomas CHRISTMAS, deceased late of the county of Bute do make or cause to be made a true and perfect inventory of all and singular the goods and chattels, rights and credits of the deceased which have or shall come to the hands, knowledge or possession of the said Temperance CHRISTMAS or into the hands or possession of any person or persons for her, and the same so made do exhibit or cause to be exhibited into the Secretary's office and one attested copy thereof to the County Court where orders for Administration passed within ninety days after the date of these presents, and the same goods, chattels and credits, and all other goods, chattels and credits of the said deceased at the time of his death which at any time after shall come into the hands or possession of any other person or persons for her, do well and truly Admr. According to law, and further do make or cause to be a just and true account of her Administration within one year after the date of these presents, and all the rest and residue of the said goods, chattels and credits which shall be found remaining upon the Administratrix account the same being first examined and allowed by the Governor and council, Superior Court or County Court, shall deliver and pay unto such person or persons respectively as the same shall be due pursuant to the true intent and meaning of the Act of Assembly in the case made and provided and if it shall appear that any Will and Testament was made by the said deceased and the Executor therein named do exhibit the same into the said making request to have it allowed and approved of accordingly if the said Temperance Christmas being thereunto required do render and deliver the said letters of Administration, approbation of such Testament being first had and made in the said Court then this obligation to be void else to be and remain in full force.
Temperance Christmas {seal} (her mark)
Nathaniel Peables {seal}
Thomas Christmas {seal}
Sealed and delivered in the presence of:
Bute County February Court 1770
This bond was acknowledged in open court and whereupon it was ordered to be recorded.
Test Benjamin McCulloch C.C.
An inventory of the estate of Thomas Christmas, deceased taken the 13th day of February 1770, to wit:
1 set of Smith tools sold for 12£ 5S, 3 beds and furniture of feathers, I bed without furniture of same kind, 19 head of sheep, 26 hogs of different sizes, 3 iron pots, 1 frying pan, 4 dishes pewter, 4 pewter basins, 6 pewter plates, 2 tin pans, 2 jugs, 1 candle stick, 2 smooth bored guns, one of them sold for 12£ 10S, 1 box iron heaters, a parcel of joiners and carpenter tools, 2 chisels and 1 gauge of turners tools, 1 spinning wheel, 1 sword, 1 looking glass, a parcel of old books, 1 chest, 1 table, 1 case of knives and forks, 4 chairs, 1 hone razor and strap, 4 bells, 3 pair cards, 1 fiddle, 3 bed steads, 1 loom, 12 geese, 1 mans saddle and bridle, 1 woman's saddle and bridle.
Returned February Court 1770
Pr. Temperance Christmas, Admrx.
A just account of the sale of the estate of Thomas Christmas, deceased March 23rd, 1770
Joseph Hackney some carpenter joiners & turners tools 1£ 0S 6P
Philemon Hawkins 1 jointer hand saw & sword 1
William Neal 1 smooth gun 2 5
Benjamin Ward 1 fiddle 25 / & Dutch oven 8 / 1 13
Thomas Wright 1 razor hone & strap 7 6 6£ 6S
Temperance Christmas Amrx.
To 2 pots 15/ 1 bed & furniture 6£10S 7£ 5S
To 1 " 80/ 1 " 8"6" 12 16
To 1 " 86/6 and 1 box iron & candle stick 4/ 4 10 6
To some pewter and 2 jugs 1 13
To 1 table 5/ and 1 chest 4/ 9
To 10 chairs 31/ 1 woman's saddle 40/ 3 11
To 1 mans " 10/ 15 head of sheep 81/ 4 11
To 1 frying pan 4 25 head of hogs 101/ 5 5
This ended the copy that was sent to me.
This indenture made this tenth day of February one thousand seven hundred and seventy by and between William DUKE of the county of Bute in the province of North Carolina of the one part and Thomas CHRISTMAS of the county and province of the other part. Witnesseth that the said William DUKE for and in consideration of the sum of five pounds to me in hand before the sealing and delivering hereof have bargained, sold and made over unto the said Thomas CHRISTMAS a certain tract or parcel of land situate lying and being in the county of Bute and bounded as follows, to wit, beginning at Wolbanke's old line at post oak thence along a line of new marked trees Howze's new road to a black jack, thence down the said road to two pines thence along a line of new marked trees Charles Burk's line on a hickory thence along said line to the corner of the said Burk's line on a pine thence along Wolbanke's old line to the beginning containing one hundred acres more or less with the reversion and reversions, remainder and remainders, rents, interests and profits, thereunto belonging of every part thereof unto the said Thomas CHRISTMAS his heirs and assigns forever to have and to hold the said misusage tract or parcel of land with the appurtenances thereunto belonging to the only proper use and behoove of him the said Thomas CHRISTMAS his heirs and assigns forever and the said William DUKE doth for himself his heirs and covenant promise and agree to and with the said Thomas CHRISTMAS that the premises aforesaid and clear of all manner of encumbrances and the said Thomas CHRISTMAS his heirs and may and notwithstanding any act or thing committed, done or suffered shall and lawfully may and ever hereafter have hereunto hold, use, occupy, process and enjoy the same. In witness whereof I have hereunto set my hand and fixed my seal the day and year first above written.
William Duke {seal}
Sealed and delivered in presence of: James MOORE and John CHRISTMAS
Bute County February Court 1771
William DUKE acknowledged this deed to Thomas CHRISTMAS to be his act and deed and on motion the same is ordered to be registered.
Test Benjamin McCullock C.C.
In the name of God Amen. I John CHRISTMAS of the Parish of Saint John of the County of Bute being sick and weak in body, but of perfect mind and memory thanks be to Almighty God for the same and calling to mind the uncertainty of this transitory life and being willing to settle my worldly affairs, in order do make this my last will and testament in manner and form following: First I commit my soul to God who gave it hoping through the death and merits of Jesus Christ my Savior to be made partaker of the never fading joys of immorality as the day of resurrection as for what temporal estate hath pleased God to bestow on me, I give and bequeath the same in manner and form following that is to say First I give and bequeath to my loving wife Ann CHRISTMAS to her heirs forever five featherbeds and furniture, likewise I lend to my loving wife all the rest of my household furniture, together with my stock of horses, cattle, hogs and sheep, except what I shall hereafter mention, likewise lend to her two Negroes Viz! Joe and Doll. Now my will and desire is that my executor do sell my bay mare giving what credit they think proper (and my Tobacco) with which money is my desire my debts should be paid, and if not enough, the rest to be paid out of the money arising from the sale of the mare, and if any left my Executors pay it out for the use of my children. Now my will and desire is that my loving wife do keep all this my estate together on my land if she thinks fit, but do not move it without the consent of my Executors which land I do lend her during the space of fourteen years, in case she lives a widow, in case she marries the land to be taken into the hands of my executors for the use of my son Henry all above which I lend her to bring up my children upon, till the youngest arrives to the age of fourteen years, at which time whereto my three children in case either dies, there will be an equal division. My will and desire is that in case my wife marries, my son Henry live with either of my executors as they think proper.
Item: I give and bequeath to my son Henry CHRISTMAS to him and his heirs forever all my land.
Item: I give and bequeath unto my three children to them and their heirs forever all my estate that will be found in the hands of my wife at the time of the division Viz! Henry, Mary and Martha CHRISTMAS, and lastly I do hereby constitute and appoint Thomas CHRISTMAS and William DUKE Executors of this my last will and testament hereby revoking and making void and null all form or wills heretofore made, and confirm this my last will and none other to be my last will and testament.
In testimony whereof I have hereunto set my hand and seal this seventh day of April in the year of Our Lord one thousand seven hundred and seventy-seven. John CHRISTMAS {seal} Presence of W. KELLOW and Thomas GREEN.
North Carolina State Bute County May Court 1777 This will was presented in court and proved by the oath of William KELLOW and Thomas GREEN the witnesses hereto, and the same was ordered to be recorded, and letters testimonial was granted to Thomas CHRISTMAS and William DUKE the executors who were qualified accordingly. Test Thomas MACKEN C.C.
submitter's
This indenture made this twentieth day of June in the year of our Lord one thousand seven hundred and seventy-seven and in the year of our Independence between James JOHNSON of the county of Bute of the one part and Thomas CHRISTMAS of the same county of the other part. Witnesseth that the said James JOHNSON for and in consideration of the sum of one hundred and forty pounds current money of Virginia to him in hand paid before the sealing and delivery hereof hath bargained, sold, aliened and made over unto the said Thomas CHRISTMAS a certain tract or parcel of land situate, lying and being in the County of Bute beginning in a bottom a corner of the said Christmas' line thence south to Hawkin's road thence down the said road to a rock ford in grate Fishing Creek near Thomas GREEN'S then up the meanders of the creek to a branch Christmas' line thence up the branch the various courses thereof to the head then up the bottom to the first station containing by estimation fifty acres the same more or less part of a tract I purchased of John POWER with the reversion and reversions, remainder and remainders, rents, interest and profits thereof and of every part and parcel thereof to the only proper use and behoove of him the said Thomas CHRISTMAS his heirs and assigns forever and the said James JOHNSON for himself and his heirs, executors and administrators doth covenant to and with the said Thomas CHRISTMAS his heirs and assigns that the land and premises in as full and ample manner to all intent and purposes as he the said James JOHNSON could have done under the said deed and purchase made of the above said John POWER. In witness whereof I have hereunto set my hand and seal the day and year first above written.
James JOHNSON {seal}
Signed , sealed and delivered in presents of William JOHNSON and John WILLIS
Bute County August Court 1777 I James JOHNSON acknowledge this deed to Thomas CHRISTMAS at whose motion the same is ordered to be registered.
Test Thomas MACHEN C.C.
The foregoing deed from James JOHNSON to Thomas CHRISTMAS having been proven in Bute County Inferior Court of Pleas and Quarterly Session and ordered to be registered the same is truly registered this 14th day of October 1777 By James JOHNSON P.R.
This indenture made this twenty-ninth day of February in the year of our Lord one thousand seven hundred and seventy-seven. Between Thomas CHRISTMAS of the one part of the County of Bute and John DAVIS of the same County of the other. Witnesseth that the said Thomas CHRISTMAS for and in consideration of the sum of seventy-five pounds Virginia money to me in hand before the sealing and delivering hereof have bargained, sold, made over unto the said John DAVIS a certain tract or parcel of land situate, lying and being in the county of Bute and beginning on the Purchase Patton Road and corner line at the corner of John DAVIS' land then along a line of marked trees to Tanner's line to a corner white oak thence along Tanner's line to the Purchase Patton Road to a corner black jack thence down the said road to the beginning for two acres more or less with the reversion and reversions, remainder and remainders, rents, issues and profits thereunto belonging to every part thereof unto the said John DAVIS his heirs and assigns forever. To have and to hold the said tract or parcel of land with the appertainences thereunto belonging to the only proper use and behoove of him the said John DAVIS his heirs and assigns forever and the said Thomas CHRISTMAS doth for himself, his heirs and assigns covenant, promise and agree to and with the said DAVIS that the premises aforesaid are free and clear of all manner of encumbrances and that the said DAVIS his heirs and etc. May for and notwithstanding any act or thing committed, done or suffered shall and lawfully may and ever hereafter have, hold, use, occupy and enjoy the same. In witness whereupon I have unto set my hand and fixed my seal the day and year first written.
Thomas CHRISTMAS {seal}
Signed, sealed and delivered in the presence of us Joseph DUKE and W. KELLOW
Bute County August Court 1777
Thomas Christmas acknowledged this deed to John DAVIS at motion the same is ordered to be registered. He foregoing deed from Thomas CHRISTMAS to John DAVIS having been proven in Bute Inferior Court of Pleas and Quarterly Session and ordered to be registered the same is registered this 28th day of October 1777.
By James JOHNSON P.R.
This indenture made this 12th day of May in the year of our Lord one thousand seven hundred and seventy-eight by and between Thomas CHRISTMAS of Bute county and state of North Carolina of the one part and Lewis KIMBLE (KIMBALL) of the same county and state aforesaid of the other part Witnesseth that the said CHRISTMAS for and in consideration of the sum of fifty pounds current money Virginia to him in hand paid by the said KIMBLE at and before the sealing and delivering these presents hereby acknowledge, hath granted, bargained and sold, aliened, confirmed and made over and by these presents doth grant, bargain and sell, confirm and make over unto the said Lewis Kimble his heirs and assigns a certain tract or parcel of land and premises situate, lying and being in the county of Bute and state aforesaid and on the west of the Little Creek a branch of Fishing Creek beginning at the mouth of the stone cutting Little branch thence up the said branch to a pine at the head of the branch thence along a line of marked trees to Thomas GREEN'S line then north along the said Green's line to a corner of the said Green's line then along a line of marked trees to a hickory corner of MACKINGVAIL'S line thence down the said creek to the first station containing one hundred acres more or less together with all trees, woods, underwoods, profits and advantages to the said land premises above mentioned belonging or in any ways, appertaining and the revision and revisions, remainder and remainders, rents and services, right title and every part thereof and all the estate right title, interests, claim and demand whatsoever of him the said Thomas CHRISTMAS of in and unto the said land and premises above mentioned and every part thereof with the appertains unto the said Lewis KIMBLE his heirs and assigns forever to the only proper use and behoove of him the said Lewis KIMBLE his heirs and assigns forever the said Thomas CHRISTMAS for himself his heirs and assigns and against all and every other person or persons whatsoever to the said Lewis KIMBLE his heirs and assigns shall and will warrant and defend to the said Lewis KIMBLE his heirs and assigns forever these presents in witness whereof the said Thomas CHRISTMAS hereunto set his hand and affixed his seal the day and year first above written.
Thomas Christmas {seal}
Sealed and delivered in presence of Thomas MACHEN Bute County May Court 1778
Thomas Christmas acknowledged this deed to Lewis KIMBLE to be his act and deed and it was thereupon ordered to be registered.
Test Thomas MACHEN C.C.
This deed was truly registered this 5th day of April 1780 by William Johnson your Public Registor.
This Indenture, made this nineteenth day of August in the year of our Lord one thousand seven hundred eighty nine, between John Flemming of the County of Warren and State of North Carolina of the one part, and Obediah Earls of the same county and state of other part. Witnesseth that for & in consideration of the sum of fifteen pounds current money of the aforesaid state, by him the said Earls to him the said John Flemming, in hand paid, the receipt whereof he the said Flemming doth hereby acknowledge himself therewith fully satisfied. Hath granted, bargained, and sold enfeoff, confirmed, and delivered, and by these presents, doth grant, bargain, and sell enfeoff, and confirm and deliver unto the said Obediah Earls, all that tract or parcel of land being and lying in the county aforesaid and on the waters of Henderson Swamp. And bounded as follows: Beginning at a white Oak and Maple on the Davidson’s Branch, the white Oak being a corner between said Earls, Daniel Hillsons, Rodham Cals and John Flemming to the land hereby granted, thence south on said Hillsons line to the west County line, thence on said line running a south course toward Tolly Easar about 407 yds to a small Hickory and twiggy Oak, a westwardly course 400 yards to two black Oaks, thence a northwardly course to the stake and popular on the said Davidson’s Branch running down the said branch to the beginning. Containing by estimation fifty acres, be the same more or less. And the said John Flemming doth herby warrant and forever defend the said bargained land and premises together with all its appurtenances in any way thereto belonging to him the said Earls, his heirs and assigns forever, against the lawful claim or claims of him the said John Flemming, his heirs and assigns, or any other person or persons whatsoever, to him the said Earls, his heirs and assigns forever. In Witness whereof, he the said Flemming hath hereunder set his hand and affixed his seal the day & date first written.
Galielmen SMITH
Samuel WILLIAMS
Warren County, NC Will Book 6 p.247-248
In the name of God Amen the 20th day of October ninety-two. I Henry CHRISTMAS of the county of Warren and state of North Carolina being weak in body but of perfect mind and memory thanks be given to God for the same and calling to mind the mortality of my body and knowing that it is appointed for all time do make and ordain this my last will and testament that is to say principally and first of all I give and commend my soul into the hands of God that give it and for my body I recommend it to the earth to be buried in a Christian like manner at the discretion of my Executors nothing doubting but at the General Resurrection. I shall receive the same again by the Mighty Power of God and as touching such worldly estate wherewith pleased God to bless me in this life I give, desire and dispose of the same in manner and form following that is to say in the first place my will and desire is that all my thus debts be paid and then I give and bequeath all the remaining part of my estate both real and personal to my two sisters Mary CHRISTMAS and Patsey CHRISTMAS to be equally divided at the discretion of my Executors also I likewise constitute, make and ordain my Grandfather William DUKE, John WORTHAM and Jonathan DAVIS with W. James CALLES Executors of this my last will and testament and do hereby utterly disallow and revoke and dissadmit all and every other former testaments, wills and legacies, bequeaths and executors before in anywise before this time names, willed, bequeathed, ratified and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this day and year above written. Henry CHRISTMAS {seal}
Signed, sealed and pronounced in presents of us ... Nancy DUKE and William D. DUKE.
Warren County August Court 1793
This last will and testament of Henry Christmas was proved by oaths of William D. DUKE and the same administrator to record whereupon William DUKE and James CALLES qualified as executors to said will and testament.
Test M'Duke JOHNSON of the Rev. Joseph S. CHRISTMAS by Gardiner SPRING, D.D.
Division of estate Henry CHRISTMAS in puissant to an order by May Court 1793 Memorandum of the division of the Negroes of John and Henry Christmas, dead. Estate together with two Negroes thrown in by William DUKE. Viz! Frank and Nell which was and by request of the parties valued by W. John WORTHAM and Spencer Waddy as follows Viz!
To Polly HAWKINS: Nell and Sandy £125; Doll and Ralph £125; Captain £130 ….. totaling £380
To Patsy CHRISTMAS: Doe £100; Andy and Child £130; Frank and Lilley £91.13 … Totaling £321.13
Spencer, John WORTHAM An inventory of survivors the property of Henry CHRISTMAS, deceased.
May 13th day 1793 two tracts of land, two Negroes Nell and Frank, four horses, twenty-five chattels, twenty-five hogs, three tables, nine chairs, two bales, six earthen plates, three pewter D', two dishes with spoons, two pewter basins, one dish, two beds and furniture, one Dutch oven, one pot, four pans, one chest, one shaving pan, a pair of fine dogs, a shovel, tongs and hoe.
William DUKE Warren County Court May Term 1793 This inventory of the estate of Henry CHRISTMAS, deceased was returned by William DUKE Executor an oath and ordered to be recorded.
Test M'Duke JOHNSON C.C.
Warren County, North Carolina WB18 p.162-169
P.162-163 Know all men by these presents, that we Thomas POWER and John GREEN are held and firmly bound unto Henry POTTS, Esquire, Chairman of the County Court of Warren and his superior in office in the sum of five hundred pounds, which payment well and truly to be made we bind ourselves and heirs, executors and administrators firmly by these presents. Sealed with our seals and dated this fifth January 1813.
The condition of the above obligation is such, that whereas Thomas CHRISTMAS, Administrator of Thomas Christmas, deceased, has delivered over to the above mentioned heirs all the property of which he entitled as a distribution or share of the estate of the dais Thomas Christmas, deceased, a description list of which is hereon entered. Now if any debt shall be hereafter sued for or recovered or otherwise duly made appear, then and in that case of the said Thomas POWER and J.C. GREEN shall well and truly pay his ratable part or portion of said debt then this obligation to be void, else to remain in full power and virtue.
Thomas Power {seal},
John C. Green {seal}
Test Robert R. JOHNSON recorded by me one Negro named Able values at $160., J.C. GREEN, Thomas POWER.
Warren County May Term 1814
This bond was returned to court by Thomas CHRISTMAS, Administrator of Thomas CHRISTMAS, deceased, and on motion the same was ordered to be recorded. Test W. GREEN C.W.C.C.
p.164-165 Know all men by these presents, that we Richard and Thomas POWERS are held and firmly bound unto Henry Potts, Esq. Chairman of the County Court of Warren and his Superior in office in the sum of five hundred pounds, which payment well and truly to be made we bind ourselves and heirs, executors and administrators firmly by these presents.
Sealed with our seals and dated this fifth of January 1813. The condition of the above obligation is such, that whereas Thomas CHRISTMAS, Admin. of Thomas CHRISTMAS, deceased, has delivered over to the above mentioned Richard POWER all the property of which he entitled as a distribution or share of the estate of the said Thomas CHRISTMAS, deceased, a description list of which hereon entered. Now if any debt shall be hereafter sued for or recovered or otherwise duly made appear, then and in that case if the said Richard POWER shall well and truly pay his ratable part or potion of said debt then this obligation to be void, else to remain in full power and virtue.
Richard Power {seal},
Thomas Power {seal}
Test Joseph Tanner
Received by me the following Negroes:
Candies $360.00,
Britton $200.00,
Prety $150.00,
Grace $150.00,
Repy $90.00,
Humphrey $450.00,
Lacy $1.00....
Edward WORTHAM and Richard POWER
Warren County May Term 1814
This bond was returned to court by Thomas CHRISTMAS, Administrator of Thomas CHRISTMAS, deceased, and on motion the same was ordered to be recorded.
Test W. Green C.W.C.C.
p.166-167 Know all men by these presents that we Henry YANCEY, Administrator of William Christmas, deceased, and William R. JOHNSON are held and firmly bound unto Henry POTTS, Esq. Chairman of the County Court of Warren and his Superior in office in the sum of five hundred pounds, which payment well and truly to be made we bind ourselves and heirs, Executors and Administrators firmly by these presents.
Sealed with our seals and dated this third day of January 1813.
The condition of the above obligation is such, that whereas Thomas CHRISTMAS, Admin. of Thomas CHRISTMAS, deceased, has delivered over to the above mentioned heirs all the property of which he entitled as a distribution or share of the estate of the said Thomas CHRISTMAS, deceased a description list of which is herein entered. Now if any debt shall be hereafter sued for or recovered or otherwise duly made appear, then and in that case if the said Henry YANCEY, Admin. and shall make and pay his ratable part or portion of said debt then this obligation to be void, else to remain in full power and virtue.
H. YANCEY {seal};
William R. JOHNSON {seal}
Test Jo. PERRELL
received by me the following Negroes: Fanny #215.00,
Glayco $277.00,
Arthur $220.00,
Henry $150,
Epese $50.00
$912 total.
H. YANCEY, Admin. of William CHRISTMAS, deceased. Warren County May Term 1814 This bond was returned to court by Thomas CHRISTMAS, Admin. of Thomas CHRISTMAS, deceased, and on motion the same was ordered to be recorded. Test W. GREEN C.W.C.C.
p.168-169 Know all men by these presents that we John GREEN and Kemp PLUMMER are held and firmly bound unto Henry POTTS, Esq. Chairman of the County Court of Warren and his Superior in office in the sum of five hundred pounds, which payment well and truly to be made we bind ourselves and heirs, Executors and Administrators firmly by these presents. Sealed with our seals and dated this third day of January 1813.
The condition of the above obligation is such, that whereas Thomas Christmas, Admin. of Thomas Christmas, deceased, has delivered over to the above mentioned heirs all the property of which he entitled as a distribution or share of the estate of the said Thomas Christmas, deceased a description list of which is herein entered. Now if any debt shall be hereafter sued for or recovered or otherwise duly made appear, then and in that case if the said John GREEN and Kemp PLUMMER are and shall make and pay his ratable part or portion of said debt then this obligation to be void, else to remain in full power and virtue.
John GREEN {seal},
Kemp PLUMMER {seal}
Test M'Duke JOHNSON
Property received by me as Guardian to my children:
Miller Mill value to $1.00,
Hardy $220.00,
Rose and child $280.00,
Isaac $220.00 ...
John GREEN.
Warren County May Term 1814
This bond was returned to court by Thomas CHRISTMAS, Admin. of Thomas Christmas, deceased, and on motion the same was ordered to be recorded. Test W. Green C.W.C.
In the name of God Amen, I, Burwell Davis of the County of Warren and State of North Carolina being of sound mind and memory do make and declare the following to be and contain my last will and Testament hereby revoking all former wills by me made in manner and form as follows vizt it is my will that my estate be kept together for the support of my son Samuel Davis and my daughter Jane Powell until my debts are paid when a division is to take place as follows vizt --
Item 1 I give and bequeath to my daughter Sally Betty, her heirs and assigns One negro woman called Patience and her four daughters named Hicks, Caroline, Bett and Judy and their increase from and after this day.
2nd I give and bequeath to my daughter Jane POWELL one negroe woman called Cherry and her three children named Moses, Lucy and Bill and their increase from this time--
3rd I give and bequeath to my daughter Nancy FLEMING one negroe woman called Easter and her four children named Cherry, Mahaly, Mallissa and Ally and their increase from this day --
4th I give and bequeath to my son Edward DAVIS his heirs and assigns one tract of land containing three hundred acres more or less and bounded as follows vizt Beginning on the Road at Solomon Stallings Corner thence along the Road towards Davises Bridge to the old fork, thence a straight line to the wolf pit ford formerly called John CHEEKS great gate, thence down the wolf pit to Fishing Creek, thence down the Creek to Mrs. Pitchfords line, thence along his line to the Bridge. I also give to my son Edward the following negroes and their increase this time vizt Fanny, Charity, Eliza, Nelson, Joe and Demps --
5th I give and bequeath to my son John S. Davis his heirs and assigns the tract of land I purchased of Baxter and being all that part of the Baxter tract that I now own on the South side of the main State Road leading from Warrenton by W. H. Browns. I also give and bequeath to John S. Davis the following negroes and their increase from and after this time vizt Anson, Dick, Rody, Sarah and Ellen--- 6th I lend to Winifred Davis, widow of my son Richard Davis during her life time one negroe man called Nathan and at her death I give said Negroe to my daughter Jane Powell--
7th I give and bequeath to my son Samuel DAVIS his heirs and assigns all that part of the Baxter tract of land that I now own lying between the main Stage Road and the Bell Road containing 700 hundred acres more or less adjoining the lands of W.H. Browns and Richard DAVIS. I also give to my said son Samuel DAVIS his heirs and assigns all my tract of land whereon I now live except that part already devised to my son Edward, and I do desire that my son Samuel do let my daughter Jane POWELL live on the plantation where I now live as long as she may think proper. I also give to my son Samuel DAVIS all the rest and residue of my estate of every description as well real and personal except the money I may have on hand at my death which money and debts to be equally divided between my three sons Samuel, Edward and John S. Davis -- and I do hereby constitute and appoint my three sons Samuel, Edward and John S. DAVIS Executors to this my last will and Testament -- In witness whereof I have hereto set my hand and seal this 27th day of June in the year 1842 --------------------
Signed and acknowledged by Burwell
Burwell Davis (seal)
Davis to be his last will in our
presence----------------
W. C. WILLIAMS
Peter R. DAVIS