Theophilus Grice made out his will on 18 April 1823; he died six months later. Per Elton Cooke, who contributed a transcription of the will to http://www.ncgenweb.us, “The Grices, Deans and Cooks owned large tracts of land along Contentnea Creek, Hwy. 42 W and the Old Raleigh Road west of Wilson and east of I 95. References to Poplar Spring branch and Shepard’s branch are frequently seen in Cook and Grice deeds of the period. The area, known as the Old Fields (various spellings) district was taken from Nash County in 1856 [sic] to form a part of the new County of Wilson.”
“In the name of God Amen. I Theophilus Grice of the County of Nash and State of North Carolina Being Weake in body but Sound in Mind and Memmory blesed be God for his goodness do this Eighteenth day of April in the year of our lord one thousand Eight hundred and twenty three Ordain and Make this My Last Will and Testament in Manner following to wit
“After My death and being buried and all My just debts is paid I lend to My Wife Polley Grice doring hur lifetime or Widowhood the home plantation and the Jacob Row field and after inclooding the said Row field thence two and along the Grass fence below the orched to the ford of the Contenney Creake at My old place all the lands adjoining above the said ford of the Creake is allotted for hur I also lend My negro Man Sesar to hur during hur natrel life or widowhood I allso give to hur one negro Man named Hardy and it is My desier that he be Hired out and the Money arising from His hire to be aplied to the seport of My Wife and hur Children that lives With hur I give hur three Cows and Calves and twenty hed of hogs Such As She Chooses out of My Stock and five hed of Sheep and one bay mare Called pidgin One plow frame two Cutting hoes one ax one grubing hoe I lend to My Wife one pot one Dutchoven one gridiron one boilar during of hur natrel life or Widowhood I give hur one bed and furniture one Whele and Cards One lume and gun one bridle and Saddle one burch table one pine table & Six Chiers one pale one pigin two tubs one Case of knifes and forks one meal sifter one bred tray I lend to My Wife during hur natrel life or Widowhood two puter basons one dish six plates and six table spoons and one Chest to hur and hur ares forever
Item I give to My Sun John Grice the blumery land that is to say the lots bought of Dred Deberry and his Wife and Irvin Ricks lying on both sides of the blumery pond also another tract of land lying in the afore said County Beginning at the ford of the Creake about one Hundred and fifty yards from the house at My old place on the Johnston line thence down the Manders of Said Creake to the Row Corner on Said Creake thence with the Row line & Grice line between Theopolis Grice and Christen Row unto the Raley Rode to a corner pine thence West With the Rode to Nichols line thence South With Nichols line to Theopolis Grices line thence East With his line until they get below the Jacob Row feld and down the Branch to the fork thence up the other branch nearly West to the head of said branch thence nearly South to the first beginning at the ford of Contenney Creake to him and his ares forever
Item I give to My Sun Thomas Grice all of My land lying in Johnston County Except three Akers lying at the Mill Called the Cobb Mill also I give him another tract of land lying in Nash County Called the boykin land adjoining Jesse Simpson to him and His ares forever also all the ballance of My land that is not Willed away I leave to be Sold at a twelve Month Credit
Item I give to My daughter Salley Cook two negros garls and their Children that is now is their puseson also one bed and furniture two Cows and yearlins one desk one Chest to Hur and hur ares forever.
Item I give to My Suns and daughters that is to Say John Thomas Rodey and Tempey fifteen negros to be Eakeley divided between them that is to Say Pris and hur three Children and Sal and hur fore Children and Darkis and hur fore Children and all of their increase that Shal Come hereafter and one Small garl named Morning to be divided at the time that My Sun John think proper to take his part of them to them and their ares forever and it is My desier that all the Rest of My Negros be Sold at a twelve Month Credit Namely Phillis Phareby Rode Anddy Patianc Fortin and Child Joe Nance and hur Child Art Jes Mill Zil
… I also nominate and apoint Bartley Deans and My Sun John Grice My Hole Sole Executor to this My Last Will and testament Whereof I Theopolis Grice have herunto Set My hand and afixed My Seal the day and year first above Written /s/ Theophilus Grice
Signed in the presence of us and Sealed in the presence of us /s/ John L. Lyons James Deans
In a nutshell, Theophilus Grice left his wife Mary “Polly” Harrison Grice a life interest in Caesar and directed that Hardy be hired out to support Polly and their children. He left his daughter Sarah “Sally” Grice Cook two unnamed young women and their children, who were already in her possession. For his four remaining children — John, Temperance Ann, Rhoda and Thomas Grice, who were all minors — he directed that 15 enslaved people be divided equally among them. The fifteen were Pris [Priscilla?] and her three children; Sal [Sally or Sarah] and her four children; Darcus and her four children; and Mourning, “a small girl” (who, presumably, was orphaned.) To equally distribute 15 people among four heirs likely required that one or more mothers be separated from their children. Grice further directed that Phillis, Phereby, Rhoda, Andy, Patience, Fortune and her child, Joe, Nancy and her child, Art, Jess, Mill, and Zil be sold.
On several days in over the year after his death, Grice’s executors held sales to liquidate his property per the terms of his will. On 4 December 1923, they sold Phillis, Phereby, Rhoda, and Fortune and her child Bedy to Polly Grice; Andrew, Jess and Ace, Zill and Milly to John Grice; Joe, Arthur and Nancy and her child Piety to John Cook; and Patience to Harris Horn.
At February 1824 term of court, Grice’s executors filed an inventory that listed all 37 of his slaves, including those sold above:
Philis, Phareby, Rody, Andrew, Patience, Fortune and child Beedy, Joe, Nance and child Piety, Arthur, Jes, Mill and Zill (twins?), Sarah, Ace, David, Chaney, Henry, Eliza, Priss, Richmon, Daniel, Ann, Darcus, Litha, Wiley, Charity, Dempsey, Mourning, Caesor, Hardy, Beed, Cussey and her three children.
In December 1828, the guardians appointed to oversee minor Thomas Grice’s inheritance filed an income and expense report with the court showing, among other things, that they had paid Mary Grice thirty-seven dollars for “the expense” of feeding and clothing the enslaved people Thomas had inherited, and Josiah Horn seven dollars and fifty cents for “doctoring his Negro woman.”
On 7 February 1829, Polly Grice sold some of the property she had inherited, including Caesar, whom her son John Grice purchased. (Note the credit to the account of seven dollars for the balance of the six-month period Caesar had been hired out to Peter C. Davis.)
In this December 1838 account of Rhoda Grice’s inheritance, Bartley Deans reported income from the hire of enslaved people Wiley, Charity, Jim, Caroline and Elbert.
Images of estate documents available at North Carolina Wills and Estates, 1665-1998 [database on-line], http://www.ancestry.com.