Wills & Estates

The last will and testament of James Bullock Woodard (1863).

I James B. Woodard of the County of Wilson, State of North Carolina, being of sound mind but advanced in years, & aware of the uncertainty of life, do make, constitute & declare this to be my last will & testament in manner & form as follows.

First, it is my desire that my burial expenses & just debts be paid by my executor, hereinafter named, out of any money on hand at my death, the sale of my perishable estate & the proceeds of my notes, bonds & accounts.

Second, I give & devise to my Eldest daughter Elizabeth Ann Stancil wife of Thomas Stancil the land on which she now lives, known as the Atkinson land containing about two hundred & twenty acres more or less and adjoining the lands of Larry Lassiter, Hilliard Thomas & others, to have and to hold to the said Elizabeth Ann Stancil her heirs & assigns. I also give and bequeath to my said daughter Elizabeth Ann Stancil, the following Slaves, negro man Elvin, woman Feriba & girl Dellah and their increase from this time, & also I give to my said daughter Elizabeth Ann one bed bedstead & bed furniture, which bed bedstead & bed furniture is at this time in said Elizabeth Ann’s possession, the said slaves above named, bed, bedstead & bed furniture, to have & to hold to the said Elizabeth Ann Stancil her heirs and assigns.

Third. I give & devise to my son Gray W. Woodard the upper lot or portion of my land, being in the Northeast corner, bounded as follows beginning at a pine at a corner of the Martha Parker line in the plot of the division of Johnathan Tartts decd land, recorded in Edgecombe County, thence down the old Thomas line to a black gum in a marsh, thence up the various courses of the said marsh to a ditch, thence in a direct line the course of the ditch to a Stake in the upper line of Catherine Smiths lot or portion in the aforesaid division, thence up the said line to D a corner in said division a post oak & pine, thence up the line of said plot to the beginning, to have and to hold to the said Gray W. Woodard his heirs & assigns. I also give & bequeath to my son Gray W. Woodard negro man Amos to have & to hold to the said Gray W. Woodard his heirs & assigns, and I also give & bequeath to my son Gray W. Woodard one bed, bedstead & bed furniture, one horn bridle & saddle, which bed, bed stead & bed furniture, horn, bridle & saddle the said Gray W. Woodard has in his possession.

Fourth. I give & devise to my son John B. Woodard the middle part of my land, included in the following boundaries, beginning at corner D, a post oak & pine thence in a southerly direction with the line of the aforesaid plot to E a corner pine, thence with the lower line of the Catherine Smith lot to the branch, the dividing line between Robt Bynum & myself, thence up the various courses of the dividing line to the corner A a sweet gum, thence with the line of the plat to L thence with the old Thomas line to the black gum in the Marsh, the aforesaid corner in Gray W. Woodard’s above-devised tract, thence with the above line of Gray W. along the marsh & ditch & on to upper line of Catherine Smiths lot, a stake, thence with said upper line to the beginning, to have & to hold to my son John B. Woodard his heirs & assigns.

I also give & bequeath to my son John B. Woodard negro man London to have & to hold to the said John B. Woodard his heirs & assigns & I also give to my son John B. Woodard one bed bedstead & furniture his choice, one horn bridle & saddle.

Fifth. I give & devise to my son George W. Woodard the balance of my home tract of land on which my dwelling and improvements are bounded as follows beginning at E a pine, a corner in the aforesaid plat, in the lower line of Catharine Smiths lot, thence with the said lower line to the branch, the dividing line between Robt Bynum & myself, thence with the branch to the lower line of said plat Bynum’s Corner, thence to H, a lightwood post a corner, thence with the line of said plat to the beginning to have and to hold to the said George W. Woodard his heirs & assigns. I also give & bequeath to my son George W. Woodard the following slaves, Howell & Jessee to have & to hold to the said George W. Woodard his heirs & assigns and I also give to my son George W. Woodard one bed bedstead & furniture, second choice, one horn bridle & saddle.

Sixth. I give & bequeath to my daughter Margaret P. Batts wife of W.W. Batts the following slaves Sarah, Florence, Phebe, Mary & young Sarah and their increase from the present time, to have & to hold to said Margarett P. Batts her heirs & assigns. I also give to my daughter Margarett P. Batts one bed, bedstead & furniture which she has in her possession.

Seventh. I give & bequeath to my daughter Mary J. Edwards wife of W. H. Edwards the following slaves, Harriett, Debba, Ben, Ned, Rose & Fanny and their increase from this time, to have & to hold to said Mary J. Edwards her heirs & assigns. I also give to my daughter Mary J. Edwards one bed bedstead & furniture which she has in her possession.

Eight, It is my will and desire that should I before my death, purchase the inheritance or fee simple in the portion of my land given to John B. Woodard & known as Catharine Smiths lot, in which I now have but an estate for life, that the same shall insure to his benefit & go to the said John B. Woodard & his heirs.

Ninth, It is my will and desire that all of my farming tools, including my blacksmiths tools, carpenters tools & coopers tolls shall be divided equally between my three sons George W. Woodard, John B. Woodard & Gray W. Woodard, by three disinterested neighbors selected by my executor.

Tenth. I give to my son George W. Woodard my patent cider mill, cider press and all the necessary fixings pertaining to the cider press & mill including the barrells.

Eleventh. I give to my three daughters Mary J. Edwards, Margarett P. Batts & Elizabeth Ann Stancil all of my stock of horses, hogs, cattle, sheep & poultry, not otherwise disposed of in this my will to be equally divided as near as possible by three disinterested freeholders, said freeholders to be appointed by my Executor.

Twelfth. I give to my friend Jesse Baker pastor of the White Oak Baptist Church [in Saratoga] one hundred dollars to be paid to him out of any monies belonging to my estate in the hand of my executor.

Thirteenth. It is my will and desire, that all the residue of my estate, after taking out the gifts & devises, shall be sold at public auction by my executor and if there should be any surplus after the payment of my debts, legacies & expinces, that such surplus shall be equally divided between my three daughters, Elizabeth Ann Stancil, Margarett P. Batts & Mary Jane Edwards, Share & Share alike.

I do hereby appoint my friend Robt Bynum my executor, to execute this my last will & testament according to its true meaning & intent. Should Robt Bynum fail from any cause at present unknown, from acting as my executor, it is my desire that my nephew William Woodard should act in his stead Carrying out the true intent & meaning of this my last will & testament.

In witness whereof I have hereunto set my hand & seal this the 22 day of June A. D. 1863. /s/ Jas. B. Woodard {seal}

In the presence of the following witnesses who sign at my request & in my presence /s/ William Thomas, Robt. Bynum

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James B. Woodard’s will — drafted six months after the Emancipation Proclamation — included bequests of 18 enslaved people, at least seven of whom — Howell, Elvin, Feriba, Sarah, Amos, Harriett, and London — were the children of London Woodard (1797-1870) and his first wife, Venus (??-circa 1845). In 1854, J.B. Woodard sold London to London’s second wife, a free woman of color named Penelope “Penny” Lassiter. London received his license to preach shortly after the Civil War ended and founded a church in Wilson that still bears his name.

  • Howell Woodard was born about 1818.  In the 1870 census of Gardners township, Wilson County: Howell Woodard, 52, Rodah, 40, and children (and possibly grandchildren) London, 23, Harriet, 20, Venus, 19, Ferebee and Virginia, 17, Mary, 14, Sarah and Penelope, 12, Rodah, 10, Puss, 6, John, 8, Kenny, 5, Fanny, 1, and Martha, 1 month. Rhoda and their children appear to have been enslaved elsewhere. Howell Woodard died before 19 March 1874, when his wife was remarried to Abram Farmer.
  • Elvin Woodard was born about 1822. On 4 April 1866, he and Deby Barnes registered their cohabitation with a Wilson County justice of the peace. In the 1870 census of Wilson township, Wilson County: Elvin Woodard, 47, Deber, 48, and children William, 23, Sylvia, 18, and Amanda, 16. Debbie Barnes Woodard had been enslaved elsewhere.
  • Ferebe Woodard was born about 1828. In the 1870 census of Gardners township, Wilson County: Benj’n Artis, 46, farm laborer; wife Phebee, 42; and children Mary, 2, Julia, 6, Sarah, 17, Debby, 18, and Benjamin, 20.
  • Sarah Woodard was born about 1838. In 1866, she and Warren Rountree [brother of Hilliard Ellis, below] registered their 16-year cohabitation with a Wilson County justice of the peace. In the 1870 census of Wilson township, Wilson County: farm laborer Warren Rountree, 40; wife Sarah 32; and Florence, 18, Rhebecca, 17, Mary, 11, Howell, 7, Sallie, 5, Lou, 2, and Warren Jr., 20.
  • Amos Woodard was born about 1840. In the 1870 census of Taylor township, Wilson County: Amos Woodard, 30, farm laborer. He married Carrie Ellis, daughter of Hill and Ferbee Ellis, on 27 March 1871 at Hill Ellis’ home.
  • Harriet Woodard was born about 1842. In 1866, Harriet Woodard and Alfred Woodard registered their ten-year cohabitation with a Wilson County justice of the peace. In the 1870 census of Wilson township, Wilson County: farm laborer Alfred Woodard, 40; wife Harriet, 28; and children Ned, 14, Rosa, 15, Zilly, 4, London, 3, and Minny, 2 months. Harriet died before 13 February 1873, when her husband Alfred married her widowed sister Sarah Woodard Rountree.
  • London Woodard Jr. was born about 1844.

The remaining ten were mostly London and Venus Woodard’s grandchildren. Take a look again at Woodard’s distributions. Sometimes he kept mothers and children together. Other times, children were paired with their aunts instead.

  • Dellah — circa 1867, Della Woodard, daughter of Ben Woodard [Artis] and Fereba Woodard, married Henry Woodard, son of Lewis Shallington and Pleasant Woodard, in Wilson County.
  • Jesse
  • Florence — probably the daughter of Sarah Woodard and her husband, Warren Rountree, who was enslaved elsewhere. See the 1870 census entry above.
  • Phebe — probably the daughter of Sarah Woodard and her husband, Warren Rountree. See the 1870 census entry above — she is perhaps “Rhebecca.”
  • Mary — probably the daughter of Sarah Woodard and her husband, Warren Rountree. See the 1870 census entry above.
  • young Sarah — possibly, the daughter of Sarah Woodard and her husband, Warren Rountree, who was enslaved elsewhere. However, she does not appear to be the “Sallie,” age 5, listed in  the 1870 census entry above. More likely, she was the daughter of Ferebee Woodard and her husband, Benjamin Artis, who was enslaved elsewhere. See the 1870 census entry above.
  • Debba — probably the daughter of Ferebee Woodard and her husband, Benjamin Artis, who was enslaved elsewhere. See the 1870 census entry above.
  • Ben — probably the son of Ferebee Woodard and her husband, Benjamin Artis. See the 1870 census entry above.
  • Ned — probably the son of Harriet Woodard and her husband Alfred Woodard, who was enslaved elsewhere. See the 1870 census entry above.
  • Rose — though London and Venus Woodard had a daughter Rose, based on the way she listed in the will, this Rose appears to have been a child in 1863. She was probably the daughter of Harriet Woodard and her husband Alfred Woodard. See the 1870 census entry above.
  • Fanny

The last will and testament of Noah Best.

For more about Noah Best, see here and here and here. The Griffin Street house and lot he mentioned in his will was property Best (and several of his family members and neighbors) received after being forced out of Grab Neck community.

Will of Noah Best (1924), North Carolina Wills and Probate Records 1665-1998, http://www.ancestry.com.

The last will and testament of Alfred Dew.

Alfred Dew signed an X to his will on 22 June 1910, witnessed by Samuel H. Vick and Elijah L. Reid. (Reid was a close neighbor on Viola Street; Vick lived a block away on East Green Street.) Dew left his wife Laura Dew a life estate in all his property, with a remainder in son R.D. Dew. Sons Jack Dew and Needham Dew were to receive ten dollars each and daughter Martha Alston, sixty dollars.

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On 11 August 1866, Alfred Dew and Susan Dew registered their five-year cohabitation with a Wilson County justice of the peace.

In the 1870 census of Wilson township, Wilson County: Alford Due, 26; wife Susan, 23; and children Jack, 6, Redick, 4, and “no name,” 1 month; plus Oliver Due, 48, Amos Barnes, 23, and Anna Due, 19.

In the 1880 census of Wilson township, Wilson County: farmer Alford Dew, 39; wife Louiza, 35; mother Olivia, 60, widow; and children Jackson, 18, Redick, 16, and George, 15, Needham, 12, and Martha, 10; and niece Hatta, 4. [George was likely George W. White, Louisa’s son from prior relationship.]

On 13 March 1889, Jackson Dew, 25, son of Alfred Dew and Susan Dew, married Maggie Thompson, 22, daughter of Enos and Elis Thompson, at Thompson’s father’s residence.

On 4 December 1889, Alfred Dew, 50, of Wilson township, son of Jack and Olive Dew, married Eveline Mitchel, 35, of Stantonsburg township, daughter of Olive Kilabrew, at F.W. Barnes’ farm, Stantonsburg.

On 4 January 1893, James Alston, 21, son of Charles and Anna Alston, married Martha Dew, 21, daughter of Alfred Dew, in Wilson.

On 17 January 1894, C.D. Dew, 24, of Wilson County, son of Alfred and Susan Dew, married Cora Wells, 18, of Wilson County, daughter of Jason and Ellen Wells, at Jason Wells’ residence in Cross Roads township, Wilson County. [Needham Dew also used the name Cornelius D. Dew.]

On 28 June 1898, Reddick D. Dew, 30, of Wilmington, whose father Alfred Dew lived in Wilson and whose mother Susan was deceased, married Addie J. Cash, 30, daughter of John and Martha Cash of Wilmington.

George White, 34, of Craven County, son of Louisa Dew, married Lucinda Parker, 20, of Craven County, on 27 December 1898 at Jackson Dew’s residence in Wilson township, Wilson County. Alfred Dew applied for the license, and Baptist minister J.T. Deans performed the ceremony in the presence of James T. Alston, L.A. Allen, and Jackson Dew.

On 9 May 1900, Alfred Dew, 55, of Wilson County, son of Jack and Olive Dew, married Margarette Hinton, 48, of Wilson County, at her house in Wilson. Henry Cotton applied for the license, and Baptist minister Fred M. Davis performed the ceremony in the presence of Mamie E. Parker, Lee Simms, and Mary Simms.

In the 1900 census of Wilson township, Wilson County: day laborer Alfred Dew, 50; wife Maggie, 47; sons Hassell, 14, and Will, 13, and stepson Charlie Hinnant, 14, day laborer.

On 4 March 1903, Alford Dew, 56, son of Jackson and Olif Dew, married Laura Watson, 45, at Watson’s residence in Wilson. Charles Oats applied for the license, and Baptist minister Fred M. Davis performed the ceremony.

In the 1910 census of Wilson, Wilson County: on Viola Street, Alfred Dew, 63, street laborer; wife Laura, 54, laundress; and daughter Eva, 13.

On 24 May 1911, Hassell Dew, 26, of Wilson, N.C., son of Alfred Dew and Evalina Kilbrew, married Daisy Robinson, 25, of Winston-Salem, N.C., daughter of Samuel Robinson and Elvira [no maiden name listed], in Manhattan County, New York.

Alfred Dew died 23 August 1910 in Wilson. Per his death certificate, he was about 66 years old; was born in Wilson County to Jackson Dew and Olive Dew; lived on Viola Street; was married; and worked as a common laborer. Martha Aulston was informant, and he was buried in Wilson [likely, Oakdale or Odd Fellows Cemeteries.]

Martha Alston died 3 April 1929 in Wilson. Per her death certificate, she was born 10 March 1871 in Wilson County to Alford Dew and Barbray Woodard; was married to James Alston; lived at 507 East Green Street; and was buried in Wilson [likely, Vick Cemetery]. Rufus Edmundson was informant.

Redick Diew died 6 August 1933 in Wilson. Per his death certificate, he was 3 August 1868 in Wilson County to Alfred and Susan Diew; was a barber; was a widower; and resided at 1108 Wainwright Avenue. Eula Locus of the home was informant.

“Cornelius Dew (nick name) Needham Dew” died 30 July 1944 in Cross Roads township, Wilson County. Per his death certificate, he was born 1 May 1881 in Wilson to Albert [sic] Dew and Susian [maiden name unknown]; was married to Maggie Dew; and worked as a farmer.

Will of Alfred Dew (1910), Wilson County, North Carolina, U.S. Wills and Probate Records, 1665-1998, http://www.ancestry.com.

The last will and testament of London Woodard.

Acclaimed Primitive Baptist preacher London Woodard made out his last will and testament on 14 November 1870.

After directing a “decent burial,” Woodard itemized the household goods and farm implements left to his “beloved wife,” Penelope Lassiter Woodard.

His three sons, William, Hardy, and Haywood Woodard, were to divide his land equally and receive one beehive and one axe each.

Daughter Treasy Woodard received the late nineteenth-century equivalent of a bedroom set.

The rest of his property was to be divided among his children Howell, Elvin, Rose, Pharibee, Sarah, Amos, Harriet, London, Treasy, and Penina Woodard.

 

The last will and testament of Rosetta Barnes.

Rosetta Barnes‘ undated will divided her property among her children. Daughter Wadie Barnes Rountree was to receive her mother’s “sewing machine and all … wearing clothes.” Son Henry Barnes received a bedstead and bed, as well as all her real estate, comprised of her “lots and house in ‘Grab Neck‘ a colored suburb of the town of Wilson.” Son Toby Barnes also received a bedstead and bed. Everything else was to be divided equally among her children.

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On 18 August 1866, Short Barnes and Rosa Barnes registered their two-year cohabitation with a Wilson County justice of the peace.

In the 1870 census of Wilson township, Wilson County: farm laborer Short Barnes, 35; wife Rosa, 21; and daughter Rena, 5.

In the 1880 census of Taylors township, Wilson County: farmer Short Barnes, 50; wife Rose, 45; and children Nancy, 14, Waity, 12, Martha, 10, Toby, 8, and Joseph, 6.

On 13 January 1891, Alexander Rountree, 21, of Taylors township, son of Rose Rountree, married Waity Barnes, 20, of Wilson township, daughter of Short and Rosa Barnes, in Wilson. Nestus Bagley, Warren Ellis, and Jesse S. Barnes were witnesses.

In the 1900 census of Taylor township, Wilson County: Rose Barnes, 59, and children Renner, 29, Toba, 24, Jose, 21, James, 17, Henry, 11, Bill, 9, and Maggie, 7.

In the 1910 census of Wilson township, Wilson County: widow Rosetta Barnes, 60, and sons Tobe, 27, widower, and Henry, 21, both wagon factory laborers. Rosetta reported that five of her ten children were living.

Roseter Barnes died 29 January 1914 in Wilson. Per her death certificate, she was 70 years old; lived on Nash Street; was single [in fact, was widowed]; worked as a midwife; and was buried in Wilson [most likely, Vick Cemetery.] Henry Barnes was informant.

Wadie Rountree died 7 July 1926 in Wilson township, Wilson County. Per her death certificate, she was born 8 February 1873 in Wilson to Short Barnes and Rosa Barnes; was married to Alex Rountree; and was buried in Wilson [probably, Vick Cemetery.]

Joe Barnes died 29 September 1933 in Wilson township, Wilson County. Per his death certificate, he was 53 years old; was born in Wilson County to Short Barnes and Rosa Etta Barnes; was a widower; worked as a farmer; and was buried in Wilson [probably Vick Cemetery.] Informant was James Barnes.

Tobe Barnes died 5 January 1955 at Mercy Hospital, Wilson. Per his death certificate, he was born 3 February 1881 in Wilson County to Short Barnes and Rosa Farmer; was married to Hannah Barnes; and worked as a farmer. He was buried in Rest Haven Cemetery, Wilson.

Will of Rozetta Barnes (undated), North Carolina Wills and Probate Records 1665-1998, http://www.ancestry.com.

The last will and testament of Henry Cotton.

We have already examined the wills of Henry Cotton and his wife Temperance Moore Cotton as transcribed in Wilson County will books. Now, however, we see a copy of Henry Cotton’s original will, drafted on post office letterhead by Samuel H. Vick (who was in between stints as postmaster) and witnessed by mail carrier John H. Clark.

Will of Henry Cotten (1895), North Carolina, U.S. Wills and Probate Records, 1665-1998, http://www.ancestry.com.

Wills and estates.

Even when they owned property, most African-Americans in Wilson County in the 19th and early 20th centuries, even the wealthiest and most prominent,  did not execute wills, and their estates passed informally to their descendants as “heir property.” (A major contributor to loss of land and wealth among African-American families.) Some bucked the trend, however, and this post comprises a running list of such wills and estates featured in Black Wide-Awake.

Men and women born enslaved are marked with an asterisk. Free people of color are indicated with a circumflex (^).

Last will and testament of Ella Clark Gaston Hinton, executed 15 August 1946.

Wills

Estates

The estate of Prince Daniel (1889).

When Prince Daniel died about 1889, his modest estate reflected a life painstakingly built since the end of slavery.

Daniel died without a will, and a white farmer named Perry Renfrow, with whom he had a close relationship, was appointed administrator of the estate. On 29 February 1889, Daniel’s belongings went up for sale at auction. Among the family, friends, and neighbors that purchased farm implements, furniture, and utensils were David Rowe and his son Ruffin Rowe; husband and wife Gaston and Waity Barnes; Alford Jordan; Raiford Daniel; Mason Bass; and Condary Barnes.

——

On 31 August 1866, Prince Daniel and Absley Simms registered their cohabitation with a Wilson County justice of the peace.

In the 1870 census of Cross Roads township, Wilson County: farm laborer Prince Daniel, 55; wife Absley, 40; and Isaac, 13. Daniel reported owning $100 in personal property.

In the 1880 census of Cross Roads township, Wilson County: farmer Prince Daniel, 67, and wife Absley, 44. [Next door: farm laborer Isaac Daniel, 23; wife Zilla, 24; and daughters Virginia, 5, Ella Jane, 3, and Mobelia, 3 months.]

On 9 June 1883, a Wilson County Probate Court judge ordered Jennie Daniel, 9, and Ella Daniel, 7, bound as apprentices to Prince Daniel until they each reached 21 years of age. Perry Renfrow was witness to the transaction. [These were Isaac and Zilla Daniel’s daughters. Why were they bound to Prince?]

Prince Daniel Estate File, Wilson County, North Carolina Estate Files 1663-1979, http://www.familysearch.org; United States Indenture and Manumission Records, 1780-1939, database at https://familysearch.org.

The estate of James Daniel (1854).

James Daniel died heavily indebted in 1854. Daniel lived near Black Creek, in what was then Wayne but is now Wilson County.

An October 1857 account of his estate filed by administrator Lawrence T. Davis included these two debts owed Daniel by two free men of color, Edwin Artis and Micajah Artis:

The account also contains a single reference to an enslaved person, a man named Prince for whom no value is listed. When a dispute broke out over Daniel’s estate, Prince’s value became a point of contention.

James Daniel Estate Record, Wayne County, North Carolina Estate Files 1663-1979, http://www.familysearch.org