Orange County NcArchives Wills.....Christmas, Richard June 25, 1830
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 300-302
Written: June 25, 1830
Recorded: May 1833
Testator: Richard Christmas
State of North Carolina }
Orange County } Sch
}
I Richard Christmas of Orange County aforesaid, do
make, publish and declare this to be my last Will and Testament.
1. Miss Betsy Cooper having for a long time attended
upon me and assisted me in my Infirmities, it is my duty to
give to her a portion of my estate: And I do therefore give to her one
hundred Dollars to be paid out of the Money due to me from
Adam Whitsel: My big Bible, my Clock and its Case; one
Feather Bed and Furniture; - : And my Negro Man named Jerry
2nd. I give to Richard C. Glass son of Stephen
and Betsey Glass, my Negro Man Harry (a Blacksmith):-
3rd. I give my Negro Man Dick to Stephen Glass, &
also my Negro Boy Named Sam son of Jerry & Anne
4th. I give my Negro Woman Anne[?] Child of Chloe
with Such Increase as she may hereafter have to Betsey Glass, Wife
of Stephen Glass
5th. I give to Dr. James A. Craig, my Negro Man
named Tom: I release to him the Debts which I have heretofore paid
for him, and those which I May hereafter pay for him as Security or
Otherwise, except a Debt for which I am his Security to John C.
McLemon -. I also give to him my Negro Boy named Jesse, son of Jenny
6th. I give to my Niece Mary G. Christmas my
Negro Woman Sally with Such Increase as she may hereafter have:
One Bed and Furniture
7th. I give to my Niece Nancy Christmas, Daughter
of my deceased Brother James Christmas, My Negro Boy named
Charles, Son of Sally -
8th I give to my Niece Henrietta Christmas
(another
[page 2]
Another Daughter of my deceased Brother James, my Negro Girl
Mary Anne, Second Child of Sally
9th. I give to ["John" x-out] Stephen Glass my Negro Boy
named Joe[?], son of Fanny, in Trust for my Nephew John Christmas
Son of my deceased Brother James; and Said Stephen Glass as Trustee
may at any time or Times take possession of Said Negro Boy and hire
him out and pay the Hire to Said John Christmas; it being my
Will and intention that the Said Negro Boy Shall in no wise be
Subject to the Debts of Said John Christmas-.
10th. I give to my Nephew William Christmas, another
son of my deceased Brother James, my Negro Boy named Dick, Son of
Fanny-.
11th. I give to my Sister Mary Edward Green,
Daughter of my Nephew John Green of Warrenton, my Negro
Girl named Fanny, Daughter of Old Fanny, & my Negro Man
named Buck:---
12th. I give to my Niece Mary Young, Widow,
one hundred Dollars, to be paid out of the money due to me
from Adam Whitsel.
13th. I give to Anne Christmas Lytle, Niece of my
deceased Wife, my Negro Girl named Jane, Daughter of Chloe -
and all her future Increase ~~
14th I give to Mary Smart, Niece of my deceased
Wife, my Negro Girl named Nelle, Daughter of Chloe; and
all her future Increase - :
15th I give to Peggy Lancaster[?], Niece of my
deceased Wife, my Negro Woman Jenny, Daughter of Chloe &
all Such Increase as she may hereafter have ~~
16th I give my Negro Women Peggy and Fanny to
Stephen Glass, and request him to take Care of them in their old
age
[page 3]
Age -.
17th I direct my Executors to Sell my two Negro Men Jack
and Cesar -: And all the Residue of my property upon such Credit
as they may think advisable-. And the Money arising therefrom and all
the Debts due to me, except as aforesaid I give as follows; to wit;
To my Niece Mary Powers, wife of Richard Powers,
one hundred Dollars, to her Separate Use; and my Executors are
directed to pay the same to her personally.
To my Niece Mary G. Christmas before mentioned,
fifty Dollars
To my Niece Henrietta Christmas before mentioned,
fifty Dollars
To my Nephew John Christmas before mentioned,
fifty Dollars
To my Niece Nancy Christmas before mentioned,
fifty Dollars
To my Niece Mary Edward Green before mentioned,
fifty Dollars
The Residue I direct to be equally divided between
Stephen Glass and James A. Craig.
18th. I appoint Dr. James A. Crag my Executor
of this my Will -
In Testimony Whereof I have hereunto Set my
Hand and Seal This 25th day of June A.D. 1830
Signed, Sealed, published & R[?] Christmas (seal)
declared as the last Will of
Richard Christmas, in Presence
of Us, who have become Subscribing
Witnesses thereto at his Request, this
25th June 1830
A.D. Murphey
Archd. Murphey
V. M. Murphey }
J. Parish } acknowledged in our presence
[Codicil]
I Richard Christmas do on this 25th[?] October AD 1831 publish and declare
this to be a Codicil to my last Will ~~ towit: 1st I give to Miss Betsey Cooper
my Negro Man named Jack instead of the Negro Jerry named in the
Bequest to her and I direct my Executors to sell Jerry instead of Jack, as
directed in the said Bequest ~~~ 2ndly I give to my Niece Henrietta
Christmas named in my Will my negro Girl named Fanny Jane, the
Third child of my Negro Woman Sally ~~ 3dyly the Acceptance by any one
of my Legatees of the Legacy given to him or her Shall be considered a relinquishment of & Bar to any Claim or Demand which Such Legatee
may have or pretend to have on my estate: and if any Legatee Shall set up
any Claim or Demand against my estate: it Shall amount to a forfeiture
of his or her Legacy, which in that event Shall Sink into and form Part of
the residuum of my estate ~~~
R Christmas (seal)
Signed Sealed published & declared as a
Codicil to the Will of Christmas this 25 October
A.D. 1831 in presence of ~~~
V. M. Murphey }
J. Parish } Jurat
A. D. Murphey }
[Will Book Volume E, page 300]
State of North Carolina }
Orange County } Sect
}
I Richard Christmas of Orange County afore
=said do make publish and declare this to be my last Will and Testament
1. Miss Betsy Cooper having for a long time attended upon me and assisted me
in my Infirmities it is my duty to give to her a portion of my estate
And I do therefore give to her one hundred Dollars to be paid out of
the Money due to me from Adam Whitsel. my big Bible, my Clock
and its Case one ["bed" x-out] Feather Bed and Ferniture and my Negro Man named
Jerry 2nd. I give to Richard C Glass son of Stephen ["Glass" x-out] and Betsey
Glass my Negro Man Henry (a Blacksmith) 3th[sic] I give my
Negro Man Dick to Stephen Glass, & also my Negro Boy named Sam
son of Jerry & Anne[See Note 1] 4th. I give my Negro Woman [Anne?] Child of Chloe
with Such Increase as She may hereafter have to Betsey Glass Wife of
Stephen Glass 5th I give to Dr James A Craig, my Negro Man named
Tom I release to him the Debts which I have heretofore paid for him
and those which I May hereafter pay for him as Security or Otherwise
except a Debt for which I am his Security to John C. McLemon I also give
to him my Negro Boy named Jesse son of Jenny 6th. I give to my Niece
Mary G Christmas my Negro Woman Sally with Such Increase as She
may hereafter have one bed and Ferniture 7th I give to my Niece
Nancy Christmas Daughter of my deceased Brother James Christmas
my Negro Boy named Charles, Son of Sally 8th I give to my Niece
Henrietta Christmas Annother[sic] daughter of my deceased Brother James
my Negro Girl Mary Anne Second Child of Sally 9[th] I give to Stephen
Glass my Negro Boy named Joe son of Fanny in Trust for my Nephew John
Christmas Son of my decease[d] Brother James, and Said Stephen Glass as Trustee
may at any time or Times take possession of Said Negro Boy and hire
him out and pay the Hire to Said John Christmas it being my Will and
intention that the Said Negro Boy Shall in no wise be Subject to the Debts
of Said John Christmas 10th. I give to my ["Negro" x-out] Nephew William ~~~
Christmas, another son of my decease[d] Brother James, my Negro Boy
named Dick Son of Fanny 11th. I give to my Sister Mary Edward
Green Daughter of my Nephew John Green of Warrenton my Negro Girl
named Fanny Daughter of Old Fanny & my Negro Man named Buck
12th I give to my Niece Mary Young Widow one hundred Dollars
to be paid out of the money due to me from Adam Whitsel 13[th] I give to
Anne Christmas Lytle Niece of my decease[d] Wife my Negro Girl named
Jane Daughter of Chloe and all her future Increase 14th I give to ["my" x-out]
Mary Smart Niece of my decease[d] Wife, my Negro Girl named Nelle
Daughter of Chloe and all her future Increase 15th I give to Peggy ~~~~
Lancaster[?], Niece of my Deceased Wife, my Negro Woman Jenny Daughter
[Will Book Volume E, page 301]
of Chloe and all Such Increase as she may hereafter have ~~~~~~
16th I give my Negro Women Peggy and Fanny to Stephen Glass and
request him to take Care of them in the[i]r old Age 17th I direct my Executors
to Sell my two Negro men Jack and Cesar ~~ and all the residue of my
property upon such Credit as they may think advisable And the money
ariseing therefrom and all the Debts due to me, except as aforesaid I give as follows (to wit) To my Niece Mary Powers wife of Richard Powers
one hundred Dollars to her ["Support" x-out] Seperate use and my Executors are
directed to pay the same to her personally To my Niece Mary G Christmas
before mentioned fifty Dollars ~~~ To my Niece Henrietta Christmas
before mentioned fifty Dollars ~~~ To my Nephew John Christmas
before mentioned fifty Dollars ~~~ To my Niece Nancy Christmas
before mentioned fifty Dollars ~~ And To my Niece Mary Edward
Green before mentioned fifty Dollars The residue I direct to be equal
=ly divided between Stephen Glass and James A Craig. 18th. I ["give" x-out]
appoint Dr. James A Crag my Executor of this my Will ~~~
In Testimony
Whereof I have hereunto Set my Hand and Seal This 25th day of June 1830
Richard Christmas (seal)
Signed Seald published &
[x-out] delivered as the last Will
of Richard Christmas in presence
of us who have become Subscribing
Witnesses thereto at his request this
25 June 1830
A D Murphey }
Archd. Murphey } acknowledged in our presence
V M Murphey }
J Parish }
Codicil
I Richard Christmas do on this 21th October AD 1831 published and declared
this to be a Codicil to my last Will (towit) 1st I give to Miss Betsey Cooper
my negro Man named Jack Instead of the negro Jerry named in the Bequest
to her and I direct my Executors to sell Jerry instead of Jack as directed in
the said Bequest 2nd I give to my niece Henrietta Christmas named in my Will
my negro Girl named Fanny Jane the third child of my negro woman Sally 3dy
the ac[c]eptance by any one of my Legatees of the Legacy given to him or her shall
be considered a relinquishment of & Bar to any claim or Demand which Such
Legatee may have or pretend to have on my estate and if any Legatee Shall set up any
claim or Demand against my estate it shall amount to a forfeiture of his or her
Legacy which in that event Shall Sink into and form part of the residuum of my
Estate Richard Christmas (seal)
[Will Book Volume E, page 302]
Signed sealed published and declared as a
Codicil to the Will of Christmas this 25th October
A D 1831 in presence of
V. M. Murphey
J Parish
A D Murphey
Orange County May Term 1833
The Execution of the foregoing Last Will and Testament of
Richard Christmast[sic] decease was duly proved in open Court by
the oaths of V M Murphey and J Parish the subscribing
Witnesses thereto named and ordered to be Recorded
Additional Comments:
Will Book Volume E, pages 300-302
Recorded May 1833
Note 1: This "Jerry & Anne" might be a misinterpretation in the will book. Compare to original loose will transcription and original document and judge for yourself.
Jerry or Jenny or both names are written somewhat indistinctly.
Estate Papers comprise 20 pages and are found in a folder labeled "Christmas, Richard (1833)". The testator, Richard Christmas died in March 1833
Slave Joe was 36 years of age in 1848, hence born 1812, described as "a tall, likely, number one negro and an excellent carpenter"
[Estate Papers - Injunction Mar 1859]
North Carolina } Court of Equity
Orange County } To March Term 1859
The Bill of Complaint of John R. Christmas
of Orange County Complainant
against
William H Thompson (of James) Josiah
Turner Sr. Charles M. Latimer, Henry N. Brown
James Webb and Samuel Lynch of Orange County & Giles Mebane & Peyton P. Moore
as Executors of James A Craig
Humbly complaining showeth unto your
Honor if your orator the said Christmas that
in the month of March 1833 Richard Christmas
died in the county of Orange possessed of and well entitled to
among other property ["of" x-out] a negro slave named
Joe; that before his death he duly make and
published in writing his last will and
testament duly executed to pass said slave
which was proved and recorded at
May Term 1833 of Orange County Court &
that by said will the said testator dispo-
sed of said slave Joe in the following
manner and these words to wit "I give
"to Stephen Glass my negro boy named Joe of Fanny
"in trust for my nephew John Christmas son of my
"decease[d] brother James and said Stephen Glass
"as Trustee may at any time or times take posses-
"sion of said negro boy and hire him out and
"pay the hire to said John Christmas it being
"my will and intention that the said negro boy
"shall in no wise be subject to the debts of said John
"Christmas" - all of which will more fully
appear by reference to said will a copy
of which is hereto annexed and prayed to be
[page 2]
taken as part of this your orator's bill of complaint.
Your orator further shows that Stephen Glass
accepted said Trust and allowed your
orator to take said slave into his possession
that your orator accordingly took possession
of said slave and taught him the art and
mystery of carpenter's trade Your orator
further shows that said Glass died in the
month of August 1847 - having first duly
made and published in writing his last
will and testament which was duly admit-
ted to probate at ______ Term 1847 or '8 of Orange
County Court and recorded: Your
orator further shows that said slave by his said will
and that he appointed Dr. James A. Craig his
executor who duly qualified as such and
took upon himself the duty and burthen of the
said administration - Your orator
further shows unto your Honor that being
indebted to the defendant in the sum of $150 or there about Thomas and
the defendant Turner in the sum of $350
or thereabout - he agreed with the defendant
Thompson that if he would satisfy the debt
due to Turner for your orator that he your orator
would cause to be executed to said Thompson an instrument
of writing conveying the said slave Joe to him
to secure the re-payment of that debt and also
the debt due to Thompson and further that said
Thompson should give your orator his own time
for re-payment of both said debts our of his
own Labor and that of Joe and that if a sale
of Joe should ever become necessary that said
[page 3]
Thompson should apply the proceeds for the sale
of Joe first to the payment of said debts and then to pay the
surplus to your orator. And your orator
shows that Thompson who was his brother-in-law
agreed to pay off Turner's debt and let
your orator become his debtor to that amount
and to take an instrument of writing for Joe
with the clear and distinct understand
that there was to be no day of redemption
but that your orator might keep possession
of Joe as long as your orator desired and our of his labor and your orator's
pay the debt off and that your orator might
have his life time to redeem Joe in and in
the event that a sale was deemed advisable by both
your orator and Thompson, then out of the pro-
ceeds of such sale Thompson was first to pay off
said debts and to pay the surplus to your orator ---
your orator further shows unto your Honor
that having settled the terms of the transaction
both being ignorant men, they ( the said Thom-
pson and your orator) applied to Dr. James A.
Craig the Executor of said Glass who was considered a good business
man to draw up an instrument of writing
to carry into effect the above-recited agree-
ment and your orator shows that said
Craig drew up an instrument which operated
to convey the sale Joe to Thompson ["and" x-out]
but without any clause of redemption in-
serted therein; Your orator show that both
he and Thompson were ["both" x-out] ignorant of the law
on this subject and left the drafting of the
deed to Craig whom they thought had some
experience and knowledge about mush matters
[page 4]
but your orator charges that Craig was equally
ignorant as Thompson and himself and
that a clause of redemption embodying
the agreement made between himself
and Thompson before-stated was omitted from said instrument
through ignorance, mistake or carelessness
of the said Craig --- Your orator show in
this connection that said Craig who was legal
owner of Joe as executor of Stephen Glass was
made full acquainted with the agree-
ment between your orator and Thompson
as above-stated and your orator charges
That his omission to insert in the bill of sale
a clause of redemption was a gross & terrible[?]
unintentional oversight on the part of said Craig:
You orator further shows that said Thompson
paid off Turner's debt in pursuance of the
agreement (at least that Thompson so in-
formed him and he believes such to be
the fact) and your orator omitted[?] that
Craig should sign the bill of sale which he
accordingly did on the 28th of February 1848 and delivered the same
to the defendant Thompson in which your orator joined; You orator is enable[?]
to append a copy of the said bill of sale to his [????]
as he supposes that it still remains in posses-
sion of Thompson and has never been regis-
stered: Your orator further shows that
Thompson never interfered with his posses-
sion of Joe and that your orator ["further shows that" x-out]
he has ever since remained in the peaceable
and quiet possession of Joe until the 1st day
of January 1858 when he was ["forcibly" x-out] taken
out of your orator's custody and possession
[page 5]
while he was absent in an adjoining county
temporarily on business as hereinafter
more particularly stated; You orator
further shows unto your Honor that since
the 28th of February 1848 he has paid the defen-
dant Thompson from time to time in
money and in work at least $600 and your
orator believes that he had very nearly if not
entirely paid off the said mortgage debts;
on the 1st of January 1858; You orator further
shows that on the 28th of February 1848 when the
said bill of sale was executed as aforesaid the
said slave Joe was only thirty six years of age
a tall, likely, number one negro and an excellent
carpenter, and he avers and charges that the
sum of $500 was not one half of his value; your
orator further shows that becoming more
enlightened in such matter, about ["about" x-out]
two years after the execution of the said bill of sale
and feeling that he was at the mercy of the
defendant Thompson, (Dr. Craig having died)
he applied to Thompson to give him a
paper, stating the nature and extent of the
agreement between them, and your orator
shows that he stated the matter to "counsel
learned in the law" who drew up an ins=
trument pf writing for Thompson to sign
which he assumed your orator would be suffi-
cient to show that the bill of sale thought absolute
upon its face was in truth and reality a mort-
gage which paper was signed by the defen-
dant Thompson and dated the 18th of January
1850 [??? x-out] which your orator has ready
[page 6]
to produce when thereto required by this
Honorable Court - Your orator shows
that in said paper express reference is made
so that Mortgage and an acknowledgment
by Thompson that he did not hold said
negro as his absolute unconditional property
by necessary inference - You orator further
shows that the defendant Thompson has
seprating[?] since the 25th of February 1848
upon sundry occasions and to divers
persons as your orator has been informed and believes acknowledged that the agreement
with respect to your orator's right of redemption
was as above-stated and has to various
persons declares "that all he wanted was
his money" - Your orator further shows
that he understands and believes that some
time since the defendants Josiah Turner, C M Latimer, H N Brown, James Webb & Samuel Lynch who had obtained judg-
ments against the defendant Thompson
as aforesaid, on or before the 1st of January
1858, placed execution upon these judgments
into the hands of one John Turner a constable
of Orange County and authorize and
require said Turner to levy upon the
said slave Joe and sell him to pay off
the said executions; You orator further
shows that on the 1st of January aforesaid the
said John Turner did accordingly levy upon
[page 7]
and seize the said slave Joe and imprison
him in the jail of Orange County and has
Kept him in the jail of Orange County and has
kept him in close prison ever since; Your
orator further shows that the said John Turner
has advertised that he will sell said slave
on the 25th of January 1858 to pay and satisfy
the said executions - Your orator show
in this connection that he has been informed
and believes and charges the same to be true,
that the whole proceeding is an attempt on
the part of Thompson to pay is debts with the pro-
perty of your orator and your orator ["charges" erased]
states in this connection that the defendant
Thompson owns land, stock and other pro-
perty to a considerable amount ["also" x-out] none of
which has been levied on and your ora-
tor understands that Thomas well knew
when Joe was taken, (being in Hillsboro' at the
time) yet neither took any step to prevent
this gross outrage upon your orator's equitable
interest which, as as being in the nature of a
trustee, he should have protest by altogether
neglected to give a forthcoming bond which
he could have done with all ease, or to
take any other steps to present the seizure and
imprisonment of Joe as aforesaid, and
your orator shows that so vindictive is the
malice of the defendant Thompson that he
instructed the jailer to refuse your orator
and his wife admittance into the jail to
see Joe to whom they were much attached "from a long time of service and early[?] attachment" and your orator charges that
the other defendants and Thompson have
combined and conspired together
[page 8]
to deprive him of his equitable estate
and interest in Joe as before stated knowing him to be a poor friendless mechanic. As
is shown by the fact (among others) that they
of some of them as your orator has been
informed, gave instructions to the officer
Turner not even to allow your orator to give
a forthcoming bond for the appearance of
Joe on the day of the sale and thus is your
orator "beset with enemies" [some overwrite, thus:] Your orator
further shows that the defendants
Giles Mebane and Peyton P Moore are the
executors of Dr Craig and have no credibility[?] in the matter And your orator
further show that he is ready now as he has
been at all times to carry into effect the
agreement between himself and said Thompson
as above-stated - all of which actings[actions] and
doings of the sd[?] defendants (except Mebane
& Moore) are contrary to equity and
good conscience and tend to the
magnificent wrong and injury of your
orator in the premises and for as much
as your orator is remediless in this
premises save in a Court of Equity
where matters of this nature are properly
cognizable and relievable. To the end
therefore that the said defendants may
upon their corporeal oaths and to the
best and utmost of this several and
respective, knowledge, remembrance
information and belief full time
direct and perfect answers make
all and singular the matter afore-
said and that as fully and particularly
[page 9]
as if they[?] same were here respected and they
distinctly interrogated thereto; that a decree
may be made perpetually enjoining
and restraining the defendants Josiah Turner Sr
Charles M Latimer & Henry N Brown, James Webb and
Lemuel Lynch
Their attorney, and agents and especially the
said John Turner and all other persons
whatsoever from selling said sale Joe
under the said executions or any other executions
and also from holding the said slave in
custody and requiring & enjoining[?] them to deliver
up said slave Joe to your orator and that
an account may be take by and under
the direction of this Honorable Court of the
amount of money if any due the defendant
Thompson of that secured by the transac-
tion aforesaid and also of the amount
paid in money and work to said Thomp-
son by your orator and if the said debt secured as
aforesaid has been paid by your orator that said Thompson
may be required to re-convey the said
slave Joe to your orator ["and" x-out] or if the said
debt has not been paid that the said bill
of sale from Dr. Craig and your orator to Thom-
pson may be ordered to be surrendered xxx[?]
for cancellation and that the defendant
Thompson may be required to accept from
your orator a new mortgage of the slave
Joe embodying the agreement aforementioned[?]
to secure the balance which may be found due
to him upon taking said account and
[page 10]
that the said Thompson me be perpetually
restrained and enjoined from selling
said slave and from taking him out of
your orator's possessions when receive
by him - and that your orator mat be
quieted[?] in his equitable title and interest in
said slave and that your orator may
have such other and further relief in the
premises as the nature and circum-
stances of this case may require and
to your Honor shall seem meet. May
it please your Honor to grant unto
your orator not only the Writ of Injunction
issuing out of and under the seal of this
Honorable Court to be directed to the said
Josiah Turner, Charles M Latimer, Henry N Brown,
James Webb and Lemuel Lynch, and the said John Turner
Commanding and enjoining them
their attorneys and agents and more
especially the said John Turner and
all other persons to desist and refrain
from selling the said slave Joe under
the said executions or any other executions
against the defendant Thompson and
also commanding and enjoining them and each of them
to desist from holding the said slave Joe in
custody but to deliver him up to your orator
and also a like writ enjoining the defendant Thom-
pson from selling said slave Joe or
taking him out of your orators posses-
ssion when surrendered up to him
but also the State's Writ of Subpoena
[page 11]
to be directed to the said William H Thompson ( of James)
Josiah Turner Sr, Charles M Latimer, Henry N Brown
James Webb and Lemuel Lynch, Giles Mebane & Peyton P Moore
commanding them and each of them to appear before your
Honor in this Honorable Court at the next term thereof
there and there to answer the premises
And as in duty &c
H K Nash W H Bailey
Solr. for Complainant
North Carolina }
Orange County } The complainant John R Christmas
maketh oath before me that the matters of fact stated
in the foregoing bill as of his own knowledge are
true and the rest he believes to be true
Sworn to & subscribed John R Christmas
before me this 16th day
of January 1859
J. L Bailey
State of North Carolina S.S.
Upon the complainant entering into a penal
bond in the sum of one thousand dollars [x-out]
with good surety conditioned for the successful
prosecution of his said suit and paying all such
costs and damages as may be awarded against him
upon the dissolution of the injunction hereby graded
the Clerk & Master of the Court of Equity for Orange
County is hereby required to issue the writs
of Injunction and subpoena as prayed for
in the foregoing Bill. Witness my signature at
Chambers this the 16th day of January 1858