Wills & Estates

One Negro Man Ben.

On 26 January 1864, administrator J.T. Dew filed in Wilson County court his inventory of the personal estate of Isaac Farmer. After a list of debts owed to the estate, he added a short list of personal property, including an enslaved man named Ben.

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Dew later filed with the court a receipt for the hire of Ben to Theresa Farmer in 1865.

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Isaac Farmer Estate (1863), Wilson County, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com.

 

The estate of T.T. Simms.

On 13 January 1855, William Bardin, John G. Barnes, and William W. Barnes agreed to pay Amos Horn, guardian of the minor heirs of T.T. Simms, $225 for the hire of Reddick and Willie, enslaved men. Bardin and the Barneses also agreed to provide each man three suits of clothes (one woolen), two pairs of shoes, one pair of stockings [socks], a hat, and a blanket.

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At October Term 1863, the Wilson County Court of Pleas and Quarter Sessions heard the petition of Simms’ daughter Diana A. Simms for partition of her father’s slaves, identified as Gray, Willey, Dick, Austin, Watey, Jane, Lucy, Molly, Stella and Anna. Diana Sims and her minor siblings owned in common.

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I’ve only identified one of the enslaved people from T.T. Simms’ estate — Waity Simms Barnes.

In 1866, Waity Simms and Gaston Barnes registered their 6-year cohabitation with a Wilson County justice of the peace.

In the 1870 census of Black Creek township, Wilson County: farm laborer Carter [sic] Barnes, 28; wife Waity, 24; and children Austin, 6, Benjamin, 5, Etheldred, 4, and Aaron Simms, 1.

In the 1880 census of Black Creek township, Wilson County: farmer Gaston Barnes, 42; wife Waity, 35; and children Benjamin, 16, Aaron, 10, Nellie, 7, Willie, 5, and infant boy, 17 days.

T.T. Simms Estate Files, Wilson County, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com.

The last will and testament of Washington Pitts.

On 25 November 1916, Washington Pitts (or Pitt) wrote out his last will and testament:

  • to his aunt Lucinda Pitts, the lot on Vance Street in Wilson on which he then lived, purchased from Earnest Deans and wife and recorded at Deed Book 91, page 37; all his personal property; and any residual money
  • to his brothers Martin and Jack Pitts, a lot on Vance Street purchased from Wilson Real Estate and Loan Company and recorded at Deed Book 102, page 246
  • to his cousin Hattie Slight, a lot at 523 Church Street at which Beatrice Sugg now resided
  • Lucinda Pitts was named executor of the will, and C.T. Harriss and W.P. Whitaker Jr. were witnesses

Washington Pitts Will (1916), Wilson County, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com.

Was Edith Jordan under the control of her negroes?

Edith Jordan, widow of Joshua Jordan, lived north of present-day Wilson in what was then Edgecombe County. Her 1835 estate file contains a remarkable set of depositions attesting to Jordan’s state of mind at the time she wrote her will. Specifically, had enslaved people influenced her decisions?

The file does not reflect the determination in Bartley Deans Executor of Edith Jordan vs. Joshua Jordan et al. Nor does an examination of Jordan’s will reveal any obvious cause for alarm. To grandson Josiah Jordan, she left Rachel and her two children Milley and Offey, plus Daniel; to grandson David Jordan, Sarah, Joseph and Morning; to grandson Jesse Jordan, Isaac and Mary; and to great-granddaughter Sarah Deans, Mary Ann and Julia.

  • The deposition of Harris Horn

Persuant to the annexed commission at the House of John Horn in Sumter County Ala. We caused Harris Horn to come before us on the 7th of October 1835, to give evidence agreable to said Commision after being Sworn on the Holy Evangelist of Almighty God Deposeth and Saith as followeth

Interogatories

Q. 1st Do you know the parties in this case

Ans. I know Bartlet Deans & Joshua Jorden

2nd Did you Ever know the Said Edith Jorden in her Life time and if you did Where Did She Lived and what was her Situation and property and how many negroes She posses’d.

Ans. I knew Edith Jorden She lived in Edgecombe County She had negroes but I don’t know how many

3rd Whether She was a person of able or firm mind to protect hersef or property or Whether She was not entirely at the Disposal of or under the controle of Some person for Ten or twelve years before her Death

Ans. I think She hardly was able to protect herself or property and could be controlled by her neighbors

4th Was it not your opinion that the Said Edith Jorden should have had a Guardian Several years before She Died.

Ans. I think She would have done better if She had of had a guardian

5th Did you ever know the Said Edith Jorden to Do any business in ten years prior to her Death Without Some person telling her What to Do or how to conduct the Same

Ans. What ever Trading She had Done of my knowledge was Don by Some Other person

6th Did not you think the Said Edith Jorden was under the controle of her negroes

Ans. I think She was.

Q. 7th State all you know about the contested will

Ans. I Did not know She had made a will               /s/ Harris Horn

  • The deposition of John Grice

Persuant to the annexed commission at the House of John Horn in Sumter County Ala. We cause John Grice to come before us on the 7th of October 1835 to give evidence agreable to said commission after being Sworn on the holy Evangelist of  Almity God Deposeth and Saith as followeth

Interogatories

Q. 1st by Pltff.

Were you ever cal’d on to witness a will of Edith Jorden if So State by Whome and all the circumstances attending it

Ans. I was and I think it was by the said Edith Jorden

2nd Whoo was present and Whoo was the Other Subscribing Witness

Ans. Myself Bartlet Deans and William Haynes the other witness

3rd Whoo Wrote the Will

Ans. Bartlet Deans

4th Was the Will red over in the presents of the Old Lady your Self and Haynes before assignd

Ans. It was

5th Did you and the other Witness assign in the presents of the Old Lady

Ans. We did

6th Did She assign in your presents

Ans. She Did

7th Whoo Did She Desire to keep the Will till her death and What reason Did She assign for it

Ans. Bartlet Deans asked her what he should do with the Will and She told him to carriet home and take care of it and She Said She Wanted us to keep it a Secret for She had a will before and She could See no peace until it was Destroyed and that She thought She ought to have a right to Do as She pleased with her property

8th how Long have you been acquainted with her and how fare did you live from her

Ans. I have known the Old Lady for fifteen or Sixteen Years and Lived Within about half mile of her nine or ten years

9th Did the Old Lady appear to be in her Sound Mind and Disposible memory at the time She assigned the Will

Ans. I think She was as much So as ever I Saw her

10th Did She have reason Enough to know what She was about and to express her wishes in giving her property away or not

Ans. She appeared at that time to have it I thought

11th Did you ever witness any other will for the Old Lady Except the one you witnessed with William Haynes

Ans. I Did not

12th if you recollect State how She Directed the Legacies Given in the will that you witnessed and whome to

Ans. I think She gave Josiah Jorden one negroe man by the name of Daniel one negro woman named Rachel and Two negro children and to David Jorden & Jesse Jorden She gave one of them three negroes and the other Two and to Bartlet Deans Jun’r child she gave Two Negroes

Interogatories

Q. 1st by Deft.

If you do not know at the time of the Subscribing of this Will by the Said Decd. That it was entirely by persuasion that it was made and that in reality that it was not her will but the wish of those that She could be controled by

Ans. I Do not.

2nd you can State beyond contradiction in your mind this Will is or was the Will of Some of her negroes

Ans. I Do not know that it was the will of her negroes

3rd Do you not believe that at the time of makeing this Will and long before that She was not competent to make a will

Ans. I think She was capable of makeing a will and ought to give her property to Whome She please

4th Did you not think She ought to have had a guardian years before her Death

Ans. I Did not

  • The deposition of Isaac F. Wood

State of Indiana, Randolph County  }  Suit pending before the honorable Court in Tarborough, Edgecombe County North Carolina, on the fourth Monday of November AD 1835 – Wharein Bartley Deans Executor of Edith Jordan dec’d is plaintiff and Joshua Jordan & others defendants

Deposition of Isaac F. Wood of Greenford Township, County of Randolph above said, sworn and examined on this the 12th day of October in the year of Our Lord One thousand eight hundred and thirty five, between the hours of Ten oclock in the morning and four in the afternoon and taken at the office of and before James C. Bowen a Justice of the peace of Greenfork Township, in the County of Randolph and State of Indiana, pursuant to the inclosed notice to be read as evidence in the above cause on the part and the half of the defendants, Joshua Jordan & others as follows to wit:  Isaac F. Wood of the Township of Greenfork, in the County of Randolph and State of Indiana of Lawful age being duly sworn to testify the truth the whole truth and nothing but the truth, and being diligently examined, doth depose and say, that he has been acquainted with the said Edith Jordan for about fifteen years before he left Carolina, which was in date AD 1832, and that he wrote a deed of Gift, which the said Edith Jordan executed to her granddaughter Orpha Jordan which included all or nearly all the negroes she possessed at that time. He further states he does not recollect the date, but it was a year or two before the death of the said Orpah Jordan. He further states that he was the subscribing witness to said deed and believes that the said Mrs. Edith Jordan requested him the said Wood to take said Deed and have it recorded and he the said neglected to do it, because he thought the said Edith acted under the influence of her negroes. He further states the said Edith said the reason for giving nearly all her blacks to the one grand child was because the negroes wished it so and she did not want to part them. He further states he has written several other instruments wharin she conveyed her property, but does not recollect the dates or particulars relative therto. He further states that he does not believe the said Edith Jordan was capable of conveying her property, and that he thinks her negroes influenced her as they wished. He further states that he thinks she should have had a guardian many years before he left Carolina; And further this deponent sayeth not       /s/ Isaac F. Wood

Edith Jordan Will (1833), Edith Jordan Estate File (1835), Edgecombe County, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com.

The estate of David Jordan.

James D. Barnes reported the results of the sale of David Jordan’s personal property in January 1856.

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An enslaved “boy” (who may actually have been a grown man) named Harry was not sold with Jordan’s gold watch, walking cane, cigars, chamberpots, “champaign,” and poultry. Rather, he was leased to Robert Simpson for twelve months for $100.00.

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Jordan may have purchased Harry from the estate of his mother Sally Jordan, who had died in 1827. The inventory of her possessions included this notation of enslaved men Turner and Harry.

David Jordan Estate File (1856), Wilson County; Sally Jordan Estate File (1827), Nash County; North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com

The last will and testament of Nathan Hines.

Nathan Hines made out his will just three weeks before his death.

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In the 1870 census of Cokey township, Edgecombe County: Nathan Hines, 22, farm laborer; wife Maria, 22; and [parents] George, 80, and Morning Hines, 65.

In the 1880 census of Lower Town Creek township, Edgecombe County: farmer Nathan Hines, 31; wife Mariah, 31; and children Marion, 8, Dora, 6, Ella, 3, and Frank, 2.

In the 1900 census of Wilson, Wilson township: day laborer Nathan Hines, 52; wife Mariah, 52; and children Dora, 24, Georgianna, 14, Ella, 22, and Julia, 13.

In the 1910 census of Wilson, Wilson County: at 127 Suggs, odd jobs laborer Nathan Hines, 62, widower; son Marion, 32, and [son-in-law] Dossey, 25, both public school teachers, Georgia, 27, and granddaughter Josephine, 2.

In the 1920 census of Wilson, Wilson County: at 127 Suggs Street, Nathan Hines, 72, widower; daughter Ella Powell, 38; son-in-law Dorsey Powell, 34, mail clerk; nephews [Hines’ grandsons] Chauncey, 15, and Graham Bynum, 11; and [grand]sons Onessimus, 6, and Columbus Powell, 1.

Nathan Hines died 29 March 1925 in Wilson. Per his death certificate, he was 77 years old; was born in Edgecombe County to George Hines and Mourning Gabs; worked as a common laborer; lived at 614 Suggs; and was buried at “Mason cemetery,” Wilson.

Marion Hines died 10 December 1927 in Carlisle, Cumberland County, Pennsylvania. Per his death certificate, he was born 20 April 1872 in North Carolina to Nathan Hines and Maria Bynum; was married; and worked as a painted. Orneida G. Hines was informant.

[Sidenote: Hines’ property at 614 Suggs Street, next to Oakdale cemetery, now lies under a housing development.]

Nathan Hines Will (1925), Wilson County, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com.

The last will and testament of Lewis Rountree.

On 20 September 1849, Lewis Rountree of Edgecombe County penned a will that included these provisions:

  • to wife Elizabeth Rountree, a life interest in “one negro man George and one negro woman by the name of Fanney aged 31 years.” After Elizabeth’s death, their six daughters were to inherit George and  Fanney equally.
  • to Sarah Jordan, wife of Thomas Jordan,”one negro boy by the name of Sam and one negro girl by the name of Phillis
  • to daughters Eliza Daniel, wife of Willie Daniel; Harriet Ellis, wife of I.G. Ellis; Penelope Rountree; Elizabeth Rountree; Treasia Rountree; and Margaret Rountree “the following negroes to wit — Stephen, Braswell, Hillard, Joe, Dave, Warren, Henry, Joiner, Amos, Rafe, Levi, John, Little Gorge, Fed, Gray, Bob, Love, Rebecca, July, Cherry, Milley, Ester, Deborah, Rhoda, Ann and Louisa,” share and share alike.
  • daughters Eliza and Harriet to receive their shares of community property immediately, and the remaining daughters to receive theirs as they reached age 21

After Lewis Rountree’s death, daughters Eliza Daniel and Harriet Ellis (through their husbands) petitioned for the division of their share of their father’s enslaved property. Eliza Daniel received Brass, Amos, Love, George, Rhody and Ann, valued at $2375. Harriet Ellis received Hilliard, Pheriba, Louisa, Adaline, Levi and Julia, valued at $2400.

Hilliard and Pheriba Ellis were a newly married couple at the time of the division. Hilliard Ellis’ brother Warren remained part of the common property and adopted the surname Rountree after emancipation.

Lewis Rountree Will, Edgecombe County, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com.

 

The last will and testament of Ella Clark Gaston Hinton.

With brother John H. Clark nearby, Ella M. Hinton drafted her last will and testament on 15 August 1946. Her major asset consisted of six acres inherited from her father Harry Clark, and she was very particular about to whom it would go.

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In the 1870 census of Wilson township, Wilson County: farm laborer Harry Clark, 27; wife Flora, 26; and children John, 6, Mary, 5, Ella, 3, and Henriett, 1.

In the 1880 census of Wilson township, Wilson County, farmer Henry Clark, 39, wife, Florah, 38, and children John, 16, Mary J., 14, Ella, 12, Henrietta, 9, Henry, 8, Augustin, 5, Thomas, 3, and Margaret, 10 months.

On 18 September 1884, J.A. Gaston, 25, married Eller Clark, 17, in Wilson. Witnesses were Samuel H. VickC.D Howard and Braswell R. Winstead.

John A. Gaston and Ella Clark Gaston divorced prior to November 1899, when he married Sattena Barnes.

In the 1900 census of Wilson, Wilson County: Ella Gaston, 30, divorced, and children Ralph, 10, and Albert, 2.  Also, per the 1900 census of Wilson, John and Ella’s sons Theodore, 13, Cicero, 10, George Gaston, 8, remained in their father’s household. (By 1910, they lived in Warsaw, Duplin County, North Carolina.)

On 18 December 1902, Alexander Hinton, 29, of Wilson, married Ella Clark, 31, of Wilson, in Wilson. Presbyterian minister E.A. Mitchell performed the service in the presence of Ida R. Clark and E.J. Hooker.

In the 1910 census of Wilson, Wilson County: on Nash Street, Alex Hinton, 40, college cook, and wife Ella, 39, laundress. Both reported having been married twice, and Ella reported that five of her seven children were living.

In the 1940 census of Hampton, Virginia: at 35 Tyler, Ella Hinton, 72, widow; granddaughters Edna, 21, tea room waitress, and Eloise Gaston, 13; and lodgers Jessie Wright, 75, Elliott Wyche, 32, gardener, and Rebecca Butler, 20. Ella and Edna were born in North Carolina, Eloise in Pennsylvania, Jessie and Elliott in Virginia, and Rebecca in “Africa.”

Ella Hinton died 17 May 1947 in Wilson township, Wilson County. Per her death certificate, she was born 6 June 1871 in Wilson to Harry Clark and Maude [sic; maiden name unknown]; was widowed; and was buried in Rest Haven cemetery. Albert Gaston was informant.

The last will and testament of Moses Farmer Sr.

Moses Farmer Sr. of Edgecombe County [near Toisnot Swamp, later Wilson County] made out his will in 1844. Among its very specific provisions were these:

  • Other then a few items mentioned, all his perishable estate was to be sold “except my negroes,” and the tract of land on which his brother Samuel Farmer lived was to be sold privately if it would bring $250. Otherwise it was to be sold at auction.

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  • If the sale of the perishables and the Samuel Farmer tract did not raise enough cash to settle Moses Farmer’s debts, Farmer directed his executor to sell “enough of my negroes either at public or private sale to the best advantage such as he thinks most suitable”

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  • Farmer’s wife or eldest son Larry D. Farmer were to hire”Negro woman called big Chainny” from the estate “as long as she is hired out at a reasonable price for each year.”

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  • As Samuel Farmer was “verry much indebted” to Moses Farmer, and possibly unable to pay his debts, Moses let his executor decide whether to sell Samuel’s “negroes at private sale if they can agree on the price if not to have them sold at public sale.” Either way, the executor was to buy Samuel’s “negro woman Mariny” for Moses’ estate and hire her out to Samuel for $10 per year as long as he remained in-state. At Samuel’s death, Mariny was “to be disposed of as” Moses’ property. If Samuel tried to move Mariny out of state, however, she was to be sold. [Who was Mariny to Samuel? Why did not Moses take some measures to keep her with Samuel even as he gave permission for the people enslaved with her to be sold off?]

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Moses Farmer Sr. died in 1848. His estate file does not appear to contain an inventory of his enslaved people. However, it does contain the petition filed by Farmer’s heirs at the November 1848 session of court seeking to sell “a certain slave named Rina or Marina” in order to divide her value among them. The petition was granted. On 1 January 1949, Joshua Barnes purchased Marina for $325.

Will of Moses Farmer (1844), North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com; Moses Farmer (1844), Edgecombe County, North Carolina Estate Files 1663-1979, http://www.familysearch.org.

 

Bob is hired for one year.

On 1 January 1857, Jesse Minshew, acting for the partnership Minshew & Caho, hired Bob from John A. Sam, guardian of William H. Applewhite, for one year for $146. Minshew & Caho agreed to furnish Bob with three suits of clothes (one woolen), a pair of shoes, a hat and a blanket.

William H. Applewhite was the son of Henry and Orpha Pike Applewhite. His father died when he was eight years old, leaving him and his siblings inheritances that included Bob and other enslaved people. As the guardian of a minor, John Sam’s job was to protect his interests and increase his assets, and sending Bob to work for Minshew & Caho was calculated to do just that. (It’s not clear what kind of business Wayne County farmer Jesse Minshew and steam miller John M. Caho were engaged in.)

Slave Hire-1857, Records of Slaves and Free People of Color, Miscellaneous Records, Wilson County Records, North Carolina State Archives.