The Last Will and Testament of Daniel Newton

Onslow County, North Carolina

Dated 21 March 1832

Proved August Term 1832

The original is at the North Carolina State Archives at Raleigh.

Uncertain readings are underlined.

 

Transcribed by James Michael Lipsey

Names Included: (Names extracted by MWD)
William Bell, son of Thos A. Bell
Wesley Bell, son of Thos A. Bell
Christopher Bell, son of Thos A. Bell
William Hancock
Helen Hancock, grandaughter
Elizabeth Lipsey
Issac Lipsey, grandson
Lemuel Lipsey, grandson
Leonard Lipsey, grandson
Redding Lipsey, husband of Elizabeth Lipsey
Mirium Mades, grandaughter
James Mades, husband of Mirium Mades
Daniel Newton
Peggy Newton, wife
Elizabeth Reed
Urina Thompson
Charles Thompson, husband of Urina
Beneter Yates
Danl Yates son of Beneter Yates
Daniel M. Dulaney, prior owner of property
Daniel Ambrose, Executor, friend
Jesse Ward, Executor, friend
Richard Roberts, Executor, friend
Isaac Collins, Witness
Purnel Marshell Jr., Witness
W.D. Sanders, Test
Negros:
Cezar, man
Edy, woman
Edy's children and grandchildren "that I have rased twenty three in number"
Saul
Jenny to Mirium Mades
Mingo to Mirium Mades
Vilet to Elizabeth Reed
Alford, son of Vilet to Elizabeth Reed
Squire, to William Hancock
Jude (girl) to William Hancock
Hagar to chose to go to Helen Hancock or Mirium Mades
Feby child of Hagar
Austin child of Hagar
Adam to Elizabeth Reed
Hock son of Alie to sons of Thos A. Bell
Alie to sons of Thos A. Bell
Edy (girl) to sons of Thos A. Bell
Diner to Isaac, Lemuel and Leonard Lipsey
Luke to to Isaac, Lemuel and Leonard Lipsey

 

In the name of God amen

I Daniel Newton of the County of Onslow & State of North Carolina being of sound disposing mind and memory do make and ordain this my last will and testament in the following manner and form

my will is that all my just debts be paid by my Executors hereafter named and of such sales of property as they may sell from my stock and plantation tools or loose property not hereafter willed should that not be enough to dispose of such as they may think best doing equal justice to each heir agreable to their legacy

Item I give unto my beloved Wife Peggy Newton negro man Cezar and woman Edy and her children and grandchildren that I have rased twenty three in number free and clear of my heirs and such part of my household furniture as she has here to fore claimed and all of my kitchen furniture and a years provision to be laid of to her by my Executors my riding chase & harness & mare called nag my sheep and four cows & calves and one yoke of oxen & cart and I lend her the use of the plantation wherein I formerly lived with sufficient of timber from the woodland for the use of the ______ and allso lend her my negro man Saul during her life and shall dispose of him hereafter ---

Item I give unto Urina Thompson wife of Charles Thompson one cow and calf to her & her heirs & assigns

Item I give unto Elizabeth Lipsey wife of Redding Lipsey one cow and calf to her her heirs & assigns

Item I give unto Mirium Mades wife of James Mades a negro woman by the name Jenny & a man by the name of Mingo to her and her heirs and assigns

Item I give to Elizabeth Reed a negro woman by the name of Vilet & her child Alford & and a boy named Adam to her and her heirs & assigns

I give unto William Hancock a negro boy by the name of Squire & girl Jude to him his heirs and assigns

Item I leave to be equally divided by my Executors my negro woman Hagar and her two children Feby & Austin to my two granddaughters Mirium Mades & Helen Hancock and to their own proper use giving Hagar choise which she will prefer I give in the above manner to them their heirs and assigns forever the above mentioned slaves ---

I leave to divide between my three grandsons Isaac Lemuel & Leonard Lipsey when Leonard comes to age or the surviving ones of the three or the lawfull heirs of there body two negro slaves by the names of Diner and Luke to them or the lawfull heirs of their body in case of death to the surviving ones with leave for my Executors to make a division as the boys may come to age provided they will divide the two negroes [? the a bove _____ _____] of their father my intention is I wish each one when he comes to age to have the use of one slave

I leave in like manner to the surviving sons of Thos A Bell three negro slaves my negro man Hock & his Mother Alie and girl calld Edy to be equally divided bettwen my three grandsons William Westly & Christopher Bell provided they live to come of age or have lawfull heirs of their body for the surviving one of the three to have the whole and in like manner I give the surviving ones of the three the plantation lately purchased of Daniel M Dulany reference to courses as described in the deed in my possession to them as the surviving ones or the lawfull heirs of their bodyes in fee simple ---

I leave to be equally divided by my Executors between Elizabeth Reed Lemuel Lipsey & Leonard Lipsey with this provision should either of my grandsons die before they come to age Isaac Lipsey my grandson and the surviving one to equally divide and should both die without lawfull heirs of their body for Isaac Lipsey to have both shores the ballanc of my lands lying on the waters of the No Et [?] for them to take possession immediately of all the lands except the Middle plantation loned to my wife during her natural life the lands is west of the branch that divides what is calle the lipsey land the the field cleard in the fork of the branch joining the lands bought of Dulany I don't wish the land divided during my wifs life I then want it equally divided in such a manner as for the heirs to have nothing to pay ___ to split from the river to the head line I give the lands as described above to them or the surviving ones for ever ---

Item I lend to Beneter Yates the lands whereon she now lives to her during her natural life and at her death I give them to her son Danl Yates his heirs and assigns and also give Beneter Yates what hogs is there of mine & two cows & calves to her her heirs and assigns ---

and lastly I give my negro man Saul choise which of my six grandsons allready named and such decetian I should prefer not to be maid till they approach nearer to age and he selects I hereby direct my Executors to execute to such grandson a bill of sale for him agreable to this will

whatever property I may have not enumerated I leave to be sold and when my debts is paid to distribute equally between my six grandsons & my five granddaughters allready named

I hereby appoint my trusty friends Danl Ambrose Jesse Ward & Richard Roberts Executors to this my last will and testament hereby revoking all others by me at any time made it is my desire that one of my Executors would be guardian for my two grandsons Lemmuel & Leonard Lipsey as I am now the guardian of them both having the fullest confidence in you all my former Exctrs being about to leave the state my appeal to you I trust is not in vane

Signed seald and delivered } Witness my hand & seal the 21st

in the presence of } of March 1832

on examining the foregoing will I hereby perceave the

family burying ground is not reserved I hereby reserve { seal }

two acres for the use of relatives and such of my

neighbours as wish to bury there dead in my yard

in witness whereof I have hereunto set my hand and

seal the day year above writen

In the presence of Daniel Newton {seal}

Isaac Collins

P H Marshell [ ? reading based on clerk's testimony, below]

 

46

Danl Newtons

Will

State of North Carolina } Court of Pleas and quarter Sessions

Onslow County } August term 1832

Here in is the will of Daniel Newton offered for probate which was admitted by the oath of Isaac Collins & Purnel Marshell Jr. the subscribing witnesses thereto, and Jesse Ward qualified as executor in due form of law, let it be recorded

Test D. W. Sanders

 

Transcribed by James Michael Lipsey on 1 May 1997 from a Xerox copy made on 24 April 1997 from the original on file at the North Carolina State Archives at Raleigh.



Back to Onslow Will Index

Return to Onslow County Page