Orange County NcArchives Wills.....Nichols, Richerson November 4, 1858
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 206-207
Written: November 4, 1858
Recorded: Nov 1858
Testator: Richerson Nichols
I, Richerson Nichols, of the County of Orange,
and State of North Carolina, being of sound
mind and memory, but knowing that I must
soon die, do make and declare this my last
will and testiment in manner and form fol=
=lowing, that is to say: -
First - That my Executors, hereinafter named,
shall provide for my body a decent burial,
suitable to the wishes of my family and friends,
and pay all funeral expenses, together with my just
debts, out of the monies that may first come
into their hands as a part of my estate ----
Secondly - I give and bequeath to my children
Harriett Strayhorn, Stephen Nichols, Thomas Nichols
and William Nichols, Five hundred dollars
each, to be paid to them as soon as it is collected
by my Executors - and I desire that these legacies
shall be collected, and paid over to the legatees, by
my executors, as soon as they, in their discretion, may
think right ---
Thirdly - I give, bequeath and devise to my friend
Dr. Edmund Strudwick all the balance of my
estate, my house and lot in the Town of Hillsboro
whereon I now reside, my negro Man Daniel,
and all my notes, accounts, and claims of
[page 2]
every description in Trust for the benefit of my
son Columbus - And my will is that my house and
lot be rented out by my Executors until in their
judgment it would be best to sell it, which they
are authorized to do at any time, and upon such
term as they may think best - And to hire out my
man Daniel, by the year or otherwise, as they may
deem most beneficial for the interest of my said
son Columbus - And it is my desire further, that my
friend Dr. Strudwick, as I have already explained
to him, shall as far as the interest of my son Columbus
shall admit of, permit my son Stephen to manage
and control and dispose of the property herein
bequeathed to him for, the benefit of my son Columbus
and for that purpose alone -
Fourthly - It is my will and desire, that if my son
Columbus should die in the life time of my
son Stephen, then. that all the property which I
have given in this will to Dr. Strudwick in trust
for Columbus, or so much as remain I give bequeath and devise
to my son Stephen to him and his heirs
forever - But in case my son Stephen should
die before my said son Columbus, then my
will and desire is, that the property which I
have given to Dr. Strudwick in trust for my
son Columbus, or so much thereof as shall remain shall at his death be equally
divided among my other children, Harriett
[page 3]
Strayhorn, Thomas Nichols and William
Nichols, or their children in case of the death
of either, or all of them -
And lastly I do hereby constitute and appoint
my son Stephen Nichols, and my friend Dr. Edmund
Strudwick, my Executors, To execute this my last
will and testament, according to the true intent
and meaning of the same - hereby revoking all
other wills by me heretofore made -
In witness whereof, I the said Richerson Nichols
do hereunto set my hand and seal this the 4th day
of November A. D. 1838
Signed, Sealed, Published & Declared by }
the said Richerson Nichols, to be his last will } Rich. Nichols (seal)
& testament, in the presence of us, who at his request }
& in his presence do subscribe our names }
as witnesses thereto - }
Pride Jones Jurat
H. M. Brown Jurat
S. N. Qualified only
[Will Book Volume G, page 206]
I Richison Nichols of the County of Orange and State of
North Carolina being of sound mind and memory but
Knowing that I must soon die do make and declare
this my last will and testament in manner and
form following that is to say
First that my Executors hereinafter named shall provide
for my body a decent burial Suitable to the wishes
of my family and friends and pay all funeral
expenses together with my Just debts out of the
monies that may first came[sic] into their hands
as a part of my estate
Secondly I give and bequeath to my children Harriett Strayho[r]n
Stephen Nichols Thomas Nichols and William Nichols
Five hundred dollars each to be paid to them
as soon as it is collected by my Executors and I
desire that these legacies shall be collected
and paid over to the legaties[sic] by my Executors
as soon as they in their discretion may think
right
Thirdly I give bequeath and devise to my friend
Dr Edmund Strudwick all the balance of my
estate my house and lot in the Town of Hills
borough whereon I now reside my negro Man
Daniel and all my notes accounts and claims
of every discription [in trust] for the benefit of my son
Columbus and my will is that my house and
lot be rented out by my Executors until in
their Judgment it would be best to sell it
which they are authorized to do at any time [and]
upon such Terms as they may think best and
to hire out my man Daniel by the year or otherwise
as they may deem most beneficial for
the interest of my Said Son Columbus and it is
my desire further that my friend Dr Strudwick
as I have already explained to him shall as
far as the interest of my son Columbus
shall admit of permit my son Stephen
to manage and control and dispose
[Will Book Volume G, page 207]
of the property herein bequeathed to him for the benefit
of my son Columbus and for that purpose alone
Fourthly It is my will and desire that if my son
Columbus should die in the life time of my
son Stephen then that all the property which I
have given him in this will to Dr. Strudwick
in Trust for Calumbus[sic] or so much as remain
I give bequeath and devise to my son
Stephen to him and his heirs forever
but in case my son Stephen should die
before my said Son Calumbus then my Will
and desire is that the property which I have
given to Dr Strudwick in Trust for my son
Calumbus or so much thereof as shall remain
shall at his death be equally divided among
my other children Harriett Strayhorn Thomas
Nichols and William Nichols or their children
in case of the death of either or all of them
and lastly I do hereby constitute and appoint
my son Stephen Nichols and my friend Dr Edmund
Strudwick my Executors [to execute] this my last will
and testament according to the true intent
and meaning of the same hereby revoking
all other wills by me [heretofore] made
In witness whereof I the said Richison Nichols
do hereunto set my hand and seal this 4th day
of November AD 1858 }
}
Signed, Sealed published & declared } Richd. Nichols (seal)
by the said Richison Nichols to be }
his last will & testament in the }
presence of use[sic] who at his request
& in his presence do subscribe }
our names as witnesses thereto
Pride Jones
H N Brown
Orange County Court November Term 1858
The Execution of the foregoing last will and testament of
Richison Nichols deceased was duly proved in open Court
and ordered to be recorded and filed
At the same time Stephen Nichols one of the
Executors therein named appeared in open
Court and Qualified according to law
(see minute[s]) Test Geo Laws CCC
Additional Comments:
Will Book Volume G, pages 206-207
Recorded Nov 1858
Estate Papers comprise 121 pages and are found in a folder labeled "Nichols, Richardson (1849)". The Bill of Complaint transcribed here is for the testator Stephen Smith, for whom this testator wsa the Administrator.
[Estate Papers - Bill of Complaint - 22 Oct 1827]
North Carolina }
Orange County } In Equity
To the honorable the Judge of the
said Court
The Bill of Complaint of
Richardson Nicholls Admr of the estate of
Stephen Smith deceased of Mary Smith, John
Parker & Hannah his wife Thomas Horner & Elizabeth
his wife Frederick Horner and Sally his wife Leonard Smith Susanah
Smith his wife Dicy Smith William Smith and Nancy Smith
and Stephen Gates John Gates William Gates James Gates
Leonard Gates Fredrick Gates Henry Gates and Jacob Gates
Humbly complaining sheweth unto
your Honor Your Orators & Oratrixes that Stephen Smith
late of the County of Orange and state aforesaid
departed this life in the year 1825 intestate and
without will, seised and possessed of a large real
and personal estate: At the time of his death and for many
years preceeding he owned and live upon a tract of
land lying on Little river in the county aforesaid
Your Orators & Oratrixes farther complaining sheweth
to you honor that several Stephen Smith and one
Jacob Waggoner of the same county formed and entered
into a general copartnership for transacting there joint
business: Whether the terms of the said copartnership
ever were reduced to writing or not, your Orators and
Oratrixes do not know the precise terms thereof
they can not therefore set forth: but they have always
understood and believed and so charge and allege that
the object of the said copartnershipo were the run[n]ing
of a Waggon and the establishing and working a set
of saw and grist mills That it was understood and
agreed between the said parties, (to wit) the said
Stephen Smith and Jacob Waggoner that they should bear
an equal share in the expenses and loses in creating and conducting the
business of the said firm and the proffits arising therefor
should be equally divided between therm.
Farther complaining complaining sheweth unto Your Hons. You Orators &
Oratrix that in pursuance of the aforesaid
[page 2]
agreement the said parties purchased from one Rankin
McKee a wagon for which they became jointly bound
and immediately commenced run[n]ing the same for their
joint benefit, the said Jacob Waggoner furnishing one horse
and the said Stephen Smith three.
Your Orators & Oratrixes farther sheweth unto your honor
that in farther pursuance of said agreement the said
parties at their joint expence and by their mutual
labour built and erected a set of saw and grist
Mills on the before mentioned tract of land of the said
Stephen which said mills continued to run and do
good business and earn large proffits for twelve
or eighteen months when they were by accident
burnt down and destroyed. They farther shew
that immediately thereafter the said parties
as partners, built and erected another set of saw
and grist mills on the same stream but lower down
and a more eligible spot. They charge that at
the place when the new mills were erected the
the[sic] place where the new mills were erected the
river constitute the boundary between the aforesaid
tract of land of the said Stephen Smith and the
lands of John Waggoner, on the opposite side: And
in order to locate their Mills advantageously the
agreed to purchased from the said John Waggoner
agreed to purchase from the said John Waggoner
nine acres of land which was accordingly done
and a dded taken in the name Jacob Waggoner alone
who was the active and ostensible manager of the business
of the firm and often said purchase the said parties proceeded
to erect the said saw and grist mills, the former being built
on the land of the said Stephen Smith and the latter
adjoining to it but on the land so purchased from
the said John Waggoner. You Orators & Oratrixes charge
and over that the said latter miller were erected at the joint
expence and labour of them the said Stephen Smith
and the said John Waggoner and to their joint
benifit[sic] and use And they charge that whatever proffits
[page 3]
have resulted from the said mills, after discharging
and defraying all ["necessary" x-out] necessary expense ought
to be divided into t[w]o equal moieties to one of which
You Orators & Oratrix as their representatives and
heirs at law of the said Stephen Smith are
intitled and the said Jacob Waggoner to the other
Your Orators & Oratrixes will farther shew unto {your] honor
that the said Stephen Smith being an illiterate man
and unable to write, the business of the concern
was managed by the said Jacob Waggoner who
though he took the deed from John Waggoner in
his own name, held it together with the mill erected
thereon as well to the benifit of the said Stephen
Smith as his own. The purchase money therefor &
the expense of erecting the said grist mill being
paid out of their joint funds. Your Orators and
Oratratrixes[sic] therefore charge the said Stephen Smith
and Jacob Waggoner were tenants in common of
the said nine acres of Land and the said grist
mill erected thereon One moiety of which by the
death of the said Stephen Smith has decended upon
and become vested in your Orators & Oratrixes
(except Richardson Nicholls) as heir at law of the
said Stephen Smith. Your Orators & Oratrixes father
complaining shew unto you honor that at the time
of his death the Said Stephen Smith left the following
children (to wit) Mary Smith Hannah the wife of John
Parker Elizabeth the wife of Thomas Horner Sally the
wife of Frederick Horner, Susan Leonard Dicy William
and Nancy Smith and the following Grand children
(to wit) Stephen John William James Leonard Frederick Henry
and Jacob Gates children and heirs at law of Catharine Gates
one of the daughters and heir at law of the said
Stephen Smith and entitled to her share of the said Stephen
[x-out] Smiths real Estate she the said Catharine &
her husband Frederick Gates both being dead -------
[page 4]
that administration upon the estate of the said Stephen
Smith was by the County Court of Orange at the May Term
1827 thereof granted to your Orator Richardson Nicholls
who thereby became entitled to take into his possession all the
person property of the said Stephen Smith - And your Orators
& Oratrixes well hoped that the said Jacob Waggoner would
have come to a fair settlement with them concerning the said
copartnership & that he would have paid over to your orator
Richardson Nicholls Admr. as aforesaid the one moiety of
the clear proceeds of said Mills accruing before the death
of the said Stephen Smith
& also delivered over to him one half of the personal property owned by said ??? consist-
ing of horses hoggs sheep & cattle - together with a moiety of the profit of the waggon & team
& the Rest of your Orators & Ora
-trixes the one moiety of the rents & profits of of said Mills ac
-cruing since the death of said Stephen Smith & have let
them into a joint possession of said mills & land purchased
from the said John Waggoner as he was often requested to do - But now so it is may it
please your Honor, the said Jacob Waggoner combining
& confederating with divers other persons, whose named are
unknown to these Complainant, but who when discovered
they pray may be made parties hereto with apt words
so charge them, how to injure & defraud these complain
-ants, pretends at time that no such copartnership as
that stated above or any other ever took place between him & the said
Stephen Smith - that the whole of the said waggon & team
& the whole of the said mills both saw & grist mull - were
his own sole & separate property - & his profits thereof entirely
his -- that the land purchased from John Waggoner, was
bo't with this money & for his own individual use & bene
-fit & that the whole of the stock of hoggs, horses, cattle &
sheep, which were on the plantation of the said Stephen
Smith was the sole property of him the said Jacob
At other times the said Jacob Waggoner contends that
it is true a copartnership was entered into between him
[page 5]
& the said Stephen Smith as to the working of the saw mill
& that he has always been ready to come to a fair settle
-ment with complainants as to the profits of said mill
- Whereas your Orators & oratrixes charge the fact to be
that the copartnership did extend to the erecting &
working of both the saw & grist mill - & to the run[n]ing of
of[sic] the waggon - And in as much as your Orators &
Oratrixes are without complete remedy save in this Honorable
Court - where matter of fraud, & Trust, & Copartner
-shop accts are property cognizable - To the end that
the said Jacob Waggoner may upon his corporal oath full
true & perfect answer make to the premises in as ample
manner as if the same were here repeated & he thereto in
-terrogated & more particularly that he may set forth
whether he said waggon was not purchased by him
& the said Stephen Smith at their joint expense ????
it was not agreed between them that it should be
used & run at & for their joint benefit -1- Whether
the said first set of mills were not built at the joint
expense & labour of him & the said Stephen & for their
joint & mutual profit -2- Whether the land purchased
from John Waggon was not paid for out of this
joint funds of him the said Jacob Waggoner & Stephen
Smith, or out of the profits of said Mills - that the said
Jacob Waggoner may set forth & state what have been the
profits arising from the running of the said Waggon & team
- & that he may set forth & state what have been the profit
made by the said saw & grist mill - & that he may
be decreed to account with & pay over to your Orator
Richardson Nicholls - that portion of the profits of the waggon
& team & of the saw & gristmill which accrued to the said
[page 6]
Stephen Smith during his life time, which as not received by
him, & also that he deliver over to him one moiety of the stock
of horses, cattle, hogs, & sheep - & that he in his answer set forth
what quantity of number of each were on hand at the death of
the said Smith -- And that the said Deft Jacob Waggoner
may be decreed to account with & pay over to your Orators
& Oratrixes except the said Richardson Nicholls one moiety
of the rents & profit of said Saw & grist-mill which
have accrued since the death of the said Stephen Smith
& that the said Waggoner may be decreed to convey to them
in fee-simple one moiety of the lands purchased from
John Waggoner together with the mill erected thereon - or
that said mills together with the land on which the
grist-mill is erected may be sold under the direction of his Honorable court & the proceeds divided
between the said Jacob Waggoner & your Orators & Oratrixes
last execution - & that your Orators & Oratrix may re
-ceive such other & further relief As may be agreeable
to Equity & good conscience, my it please your Honor
to grant to your Orators & Oratrix the States Writ of
Subpoena to be directed to the said Jacob Waggoner to
to[sic] appear before this Honorable Court at the Court
House in Hillsboro on the second Monday of March
next then & there to stand by & abode such decree
as you Honor may make in the premises & as in
duty bound they will ever pray &c
F Nash } Solrs
A W Murphy } for Complts