Orange County NcArchives Wills.....Holden, Thomas W July 27, 1852
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 158-162
Written: July 27, 1852
Recorded: Feb 1857
Testator: Thomas W Holden
Original copy of this will is in Halifax County, Virginia. This copy was sent to Orange County, North Carolina because a portion of the estate was located there.
In the name of God Amen I Thos W Holden
of County of Halifax and State of Virginia
being in sound mind and memory do make and
ordain this my last will and testament
Item the first I give and bequeath unto my
wife Sarah Holden the homestead whereon I now
live Containing 110 acres land with all the
advantages of House &c &c during her lifetime
But if she may wish to live elsewhere my executors
will sell the lands with all the advantages thereunto
appertaining on a suitable credit after a due
Notice of the same at least Twenty days and
take one Thousand Dols. of the sale of the land
and lay it out with her consent to the best advantage
for a homestead for herself and family & if she desires Instead of a Homestead being Purchased for her self and family she will
have a choice of putting the thousand dollars at
lawful interest for the benefit of herself and
Children during her lifetime and that the interest
be paid over to her annually for herself
Children and negroes
I also give her all my household and Kitchen furniture
Except the Piano together with all the crop on hand of corn
fodder oats wheat &c &c also all the Pork or Bacon or beef
on hand with the wagon two horses Cattle & Hogs with
the barouche Harness &c to the use of herself and children
to assist in raising and and[sic] Schooling them and to be
possessed by her with care during her life and if she should
decease before Lucian Rebecca or Margarett obtain an
education Such as Marys or Addisons then a Sufficiency
is to be retained in the hands of their guardians or my
Executors A Sufficiency and no more So as to meet my
Views were I alive So that the Young children have the
Same advantage of the Estate the other Children have
had as Respects their education The residue of my estate
is to be Kept in good bonds and the interest paid
[page 2]
over annually to my wife for the purpose of maintaining
& Schooling of the Children and the support of herself and fam
ily and if there shall be more interest than is necessary
with the work or hire of the negroes then put the surplus
to interest for the benefit of the estate . If She does marry
her husband must enter into bond and security for the
Safe keeping of of[sic] the property Committed to her care and
the proceeds of interest to be applied to its legitimate use
as directed : If my wife shall decease before our Younge
=st Child Margret shall arrive to the age of Eighteen
the Estate to be divided between the Children. But if
she lives until that time the one third part of the proceeds
of the Estate to be retained by her during her lifetime
the other two thirds of the Estate to be divided out
to the children who may claim the negroes, King Jack
Sally and her children to remain to her benefit during
her life as will Show of record in Orange County Court
My daughter Mary E. Holden is to retain her piano and
accopt to the estate for the Same at three hundred and
fifty dollars And if John F. Lyon Shall claim any more
he must account to the Estate for thirteen hundred and
six dollars which I advanced him years ago as will
Show by his recpt to me - King Jack Sally and her
increase belongs equally to all the Children at the
death of my wife
I wish all my just debts be paid I wish Mahala and her
children sold to the best advantage after due notice thereof
at least twenty days I have entered into a Verbal Contract
with Henry N. Holden and Emory B. Holden to take my
goods as joint Copartners Make a Careful inventory, from
and after the Second Monday in August next Say 9th day
August 1852 to have responsible men with them and
make out a full and honest inventory of the goods and
these men certify to the Correctness of the inventory. If I
am alive then all will be well but if decd. when the
[page 3]
inventory is certified to them to make a note both being
principals in the same for the goods at nett Cost This
note is to be made payable to the Estate of Thos W. Holden
which they are to keep secure to the said Estate and
opct[?] on the 15 day of August 1853 to Sarah Holden
or the lawful representative of the Estate of Thos W Holden
decd and to pay over or cause to be paid on the said 15th
August while they may retain the goods or any part thereof
and If they shall show a disposition to waste or Cannot
succeed in the Merchantile business to return the goods
to Sarah Holden or her representatives as may suit either
party and they receive Credit on the bond for the Same
I wish all my debts due me after paying my just ones
to be Kept at interest and secure
And the debt of John F Lyon he to pay, interest on or
before the first March 1853 and every year and Keep
the debt secure to the Estate. But in nowise to press
any debt from my children If they Keep the debt secure
Having full confidence in my two Sons Henry N. Holden and
Emory B. Holden do appoint them my lawful Executors of
this my last will and testament and do allow each
of them seventy five dollars making the sum of one hun
=dred and fifty dollars as their Commissions for settling my
Estate with Care and punctuality and to keep my own
buisiness up to Feby the first and from time on an
interest ["Interest" x-out] from the said first of Feby and as
the partnership of Thos W Holden & son will close to
Keep all at interest from and after 15 August 1852
which is the time of the dissolution of the copartnership
of Thos W Holden & Son. In testimony ["I have" x-out] I Thos
W. Holden have this day set my hand and seal July
27 1852
Thos W Holden (seal)
I further wish as a part of my Will that Henry N. Holden and
[page 4]
Emory B. Holden have full power from these premises
to sell off in lots or all of the pasture from the Cotton
Factory up the spring Branch running the meanders
of the said Branch from the large Spring immediately
issuing from under the White Burch tree up the said
meanders to the poplar Spring then by the most suitable
way to the lane road leaving the Same Some Sixteen
or twenty feet wide as may Best suit my wife
Sally Holden run off a lot cornering in the popular
spring or the line pass immediately below the poplar
spring as the person who may buy the upper lot
not to be incommoded for water also to run off two
or more lots below the poplar spring lot this land
to be sold on time under due notice and the bonds
to be Kept on interest as my other bonds no Contract
of land to molest the usefulness of the large spring
under the Beech Tree and by no reasons to let the line
run north of the Branch but Start near to the
present fence where it leaves the Factory unless Mr
Barret may want the piece designated by myself
when Henry was with me to pay at the rate of fifty
dollars per acre and if he takes the land then start
the line at the upper side of his piece run with the
fence to the Branch at the large Spring permit him
to raise the dam one foot higher than the present
dam so he may have water. Yet not to injure
the Spring and he is to Keep up a good fence all around
his lot that my grain may not be injured by his
fence not being put up well or let go down he
to have all the fencing on his part for that purpose
and be liable to all damage may be sustained by his
neglect or want of care. In Witness I have hereto sett
my hand and seal August 20th 1852
Thos W Holden (seal)
[page 5]
At a Court held for Halifax County the 25th day
of October 1852
This last will and testament of Thomas W Holden
decd was presented in Court and proved by the oaths
of Jno E Wooding & Jonathan Barnett to be wholly in
the handwriting of the decedent and ordered to be
Recorded And on the motion of Henry N. Holden the
Executor therein named who made oath thereto accord
ing to law and with Charles H Moseley and Thomas
S. Brandon his Securities entered into and acknowledged
a bond in the penalty of $20.000 Conditioned according
to law Certificate is granted him for obtaining probat[e]
of the Said will in due form. The securities having
verrified their sufficiency on oath
Teste Wm. S. Holt CHC
At a Court held for the County of Halifax
the 28th day of November 1853
On the motion of E. B. Holden one of the executors named
in the last will & testament of Thomas W Holden decd
who made oath thereto according to law & with Charles
Moseley and Jessee Brandon his Securities entered into
and acknowledged a bond in the penalty of $20.000
Conditioned according to law Certificate is granted him
for obtaining letters of administration de bonis non
with the will annexed of said Thomas W Holden decd
in due form the securities having verrified their suffi=
=ciency on oath
Test Wm. S. Holt Clk
A Copy
Test Wm. S. Holt Clk
[page 6]
Commonwealth of Virginia }
Halifax County }
Be it known that I William S. Holt Clerk
of County Court in the County & State aforesaid
do hereby certify that the foregoing writing con=
tained in the five preceding pages contains a full
and perfect copy of the will of Thomas W. Holden as
Recorded in said Court together with a full and
perfect copy of all the proceedings of said Court
in relation thereto, as appears of record in said
Court.
In witness whereof I the said Clerk have
hereunto set my hand & the seal of said office
in Halifax aforesaid this 26th day of February 1857
Wm S Holt Clk
[Large Wax Seal]
Commonwealth of Virginia }
Halifax County }
I William L. Owen the presiding
magistrate of the County Court in the County and
State aforesaid do hereby certify that William
S. Holt whose name is signed to the above cer=
tificate is Clerk of said Court and that his
said certificate is in due form of law -
Witness my hand at Halifax aforesaid
this 26th day of Feby 1857
WmS Owen P.M.
[Will Book Volume G, page 158]
In the name of God Amen I Thomas W Holden of County of
Halifax and State of Virginia being in sound mind and Memory do make and
ordain this my last Will and testament ~~~~
Item the first I give and bequeath unto my wife Sarah Holden the homestead
whereon I now live Containing 110 acres land with all the advantages of House
&c &c during her life time, but if she may wish to live elsewhere my Executors
will sell the lands with all the advantages thereunto appertaining on a
suitable credit after a due notice of the same at least twenty days and take
one thousand Dolls of the sale of the land and lay it out with her consent
to the best advantage for a homestead for herself and family, and if she
desires instead of a homestead being purchased for herself and family
she will have a choice of putting the thousand dollars at [lawful] interest for
the benefit of herself and children during her life time and that the
interest be paid over to her annually for herself Children & negroes
I also give her all my household and Kitchen furniture except the Piano
together with all the crop on hand of corn fodder oats wheat &c &c
also all the Pork or Bacon or beef on hand with the wagon two horses
Cattle and hogs with the barouche harness &c to the use of herself
and children to assist in raising and schooling them, and to be
possessed by her with care during her life, and if she should decease
before Lucian Rebecca or Margaret obtain an education such as Mary's
or Addison's then a sufficiency is to be retained in the hands of their
Guardians or my Executors a sufficiency and no more So as to meet my
views were I alive so that the young children have the same advantage
of the Estate the other children have had as respects their education
the residue of my Estate is to be Kept in good bonds and the
interest paid over annually to my wife for the purpose of main=
=taining and schooling of the children and the support of herself and
family and if there shall be more interest than is necessary
with the work or hire of the negroes then put the surplus to
interest for the benefit of the Estate. If she does marry her
husband must enter into bond and security for the safe keeping
of the property committed to her care and the proceeds of
interest to be applied to its legitimate use as directed :
If my wife shall decease before our youngest child Margret
shall arrive to the age of Eighteen the Estate to be divided
between the children. But if she lives until that time
[Will Book Volume G, page 159]
the one third part of the proceeds of the Estate to be retained by her during
her lifetime the other two thirds of the Estate to be divided out to the children
who may claim the negroes King, Jack, Sally and her children to remain
to her benefit during her life as will show of Record in Orange County Court
My daughter Mary E Holden is to retain her Pinana[piano] and Account to
the Estate for the same at three hundred & fifty dollars And if John F
Lyon shall claim any more he must account to the Estate for Thirteen
hundred Six dollars which I advanced him Years ago as will
show by his receipt to me - King, Jack, Sally and her Increase belongs
equally to all the children at the death of my Wife
I wish all my just debts be paid I wish Mahala and her children
sold to the best advantage after due notice thereof at least twenty days
I have entered into a verbal contract with Henry N. Holden and Emory
B Holden to take my goods as joint Copartners make a careful inventory
from and after the second Monday in August next say 9th day of
August 1852 to have responsible men with them and make out a full
and honest inventory of the goods, and these men certify to the
correctness of the inventory. If I am alive then all will be well
but if decd. when the inventory is certified to them to make a note
both being principals in the same for the goods at nett cost this note is
to be made payable to the Estate of Thomas W Holden which they are
to Keep secure to the said Estate apct. on the 15 day of August 1853
to Sarah Holden or the lawful representative of the Estate of Thos. W.
Holden decd and to pay over or cause to be paid on the said 15th day
of August while they may retain the goods or any part thereof
and if they shall show a disposition to waste or cannot succeed
in the Mercantile business to return the goods to Sarah Holden
or her representatives as may suit either party and they receive
Credit on the bond for the same
I wish all my debts due me after paying my just ones to be
Kept at interest and secure ~~ And the debt of John F
Lyon he to pay, interest on or before the first day of March 1853
and every year and Keep the debt secure to the estate. But in
no wise to press any debt from my children if they Keep the debt
secure, having full confidence in my two Sons Henry N. Holden
& Emory B Holden do appoint them my lawful Executors of this
my last Will and testament and do allow each of them Seventy five
[Will Book Volume G, page 160]
dollars making the sum of one hundred and fifty dollars as their
Commissions for settling my Estate with care and punctuality and to
keep my own business up to February the first and from time on on[orig: an] interest
from the said first of February and as the partnership of Thos. W Holden
& Son will close to Keep all at interest from and after 15th August 1852
which is the time of the dissolution of the Copartnership of Thos. W
Holden & Son In Testimony I Thos W. Holden have this day set
my hand and seal July 27 1852
Thos W Holden (seal)
I further wish as a part of my Will that Henry N Holden and
Emory B Holden have full power from these premises to sell off
in lots or all of the pasture from the Cotton Factory up the Spring
branch running the meanders of and [orig: the said] Branch from the large Spring
immediately issuing from under the White Burch tree up the
said meanders to the poplar Spring then by the most suitable
way to the lane road leaving the same some sixteen or twenty
feet wide as may best suit my wife Sally Holden run off a lot cornering
in the popular spring or the line pass immediately below the poplar spring
as the person who may buy the upper lot not to be incommoded for
water also to run off two or more lots below the poplar spring lot this
land to be sold on time under due notice and the bonds to be Kept
on interest as my other bonds no contract of land to molest the
usefulness of the large spring under the Burch[Beech] Tree and by no
reasons to let the line run north of the branch but start near
to the present fence where it leaves the factory unless Mr Barret
may want the piece designated by myself when Henry was with me
to pay at the rate of fifty dollars per Acre, and if he takes the
land then start the line at the upper side of his piece run
with the fence to the Branch at the large Spring permit him
to raise the dam one foot higher than the present dam
so he may have water yet not to injure the spring, and
he is to keep up a good fence all around his lot that my
grain may not be injured by his fence not being put up
well or let go down, he to have all the fencing on his part for
that purpose and he[orig: be] liable to all damage may be sustained
by his neglect or want of care. In Witness I have hereto set my
hand and Seal August 20th 1852
Thos W Holden (seal)
[Will Book Volume G, page 161]
At a Court held for Halifax County the 25th day of October 1852
This last will and testament of Thomas W. Holden decd was presented in Court
and proved by the oaths of Jno E Wooding & Jonathan Barnett to be wholly
in the hand writing of the decedent and ordered to be recorded
And on the motion of Henry N. Holden the Executor therein named
who made oath thereto according to law And with Charles H Moseley
and Thomas S. Brandon his Securities entered into and acknowledged
a bond in the penalty of $20,000 Conditioned according to law
Certificate is granted him for obtaining probate of the said Will in
due form, The securities having verified their sufficiency on oath
Test Wm. S. Holt CHC
At a Court held for the County of Halifax the 28th day of November
1853~~ On the motion of E. B. Holden one of the Executors named
in the last Will & Testament of Thomas W. Holden decd. who made
oath thereto according to law and with Charles Moseley and
Jesse Brandon his Securities entered into and acknowledged a bond
in the penalty of $20.000 conditioned according to law Certificate
is granted to him for obtaining letters of Administration de bonis non
with the Will annexed of said Thomas W Holden decd
in due form, the securities having verified their sufficiency
on oath. Test Wm. S. Holt Clk
A Copy Test Wm. S. Holk Clk
Commonwealth of Virginia }
Halifax County }
Be it known that I William S. Holt Clerk of County Court
in the County & State aforesaid do hereby certify that the foregoing
writing contained in the five preceding pages contains a full
and perfect copy of the Will of Thomas W Holden as recorded
in said Court together with a full & perfect copy of all the
proceedings of said Court in relation thereto as appears of
record in said Court.
In witness whereof I the said Clerk
(Seal) have hereunto set my hand & the seal of
said office in Halifax aforesaid this
26th day of February 1857
Wm S. Holt Clk
[Will Book Volume G, page 162]
Commonwealth of Virginia }
Halifax County } SS
I William L. Owen the presiding Magistrate of
the County Court in the County and State aforesaid do hereby Certify
that William S. Holt whose name is signed to the above certificate
is Clerk of said Court and that his said Certificate is in due form
of law Witness my hand at Halifax aforesaid this 26th
day of February 1857 Wm S. Owen P.M.
Orange County Court February Term 1857
The foregoing Copy of the last Will & testament of Thomas W Holden decd.
was exhibited in Open Court for probate & ordered to be Recorded
Test Geo Laws CCC
Additional Comments:
Will Book Volume G, pages 158-162
Recorded Feb 1857
A barouche is a fashionable type of horse-drawn carriage in the 19th century. It was a four-wheeled, shallow vehicle with two double seats inside, arranged so that the sitters on the front seat faced those on the back seat. It had a collapsible half-hood folding like a bellows over the back seat and an outside box seat high in front for the driver. The entire carriage was suspended on C springs. It was drawn by a pair of high-quality horses and was used principally for leisure driving in the summer.
accopt = account
de bonis non: This phrase is used in cases where the goods of a deceased person have not all been administered. When an executor or administrator has been appointed, and the estate is not fully settled, and the executor or administrator is dead, has absconded, or from any cause has been removed, a second administrator is appointed to perform the duty remaining to be done, who is called an administrator de bonis non, an administrator of the goods not administered and he becomes by the appointment the only representative of the deceased.
This will is a copy furnished by the court in Halifax County. It is in the handwriting of William S. Holt, Clerk of Halifax County.
Estate Papers comprise 92 pages and are found in a folder labeled "Holden, Thomas W (1869)". Margarett E Holden, the youngest child, was 18 on the 29th day of April 1869. It is likely that there is more family history to be found by studying these estate papers.