Search billions of records on Ancestry.com
   

`
 

 

 

Will of NANCY NEWELL- 1846
Warren County, North Carolina
Will Book 39, Pages 237-238

In the name of God Amen
I, NANCY S. NEWELL, of the County of Warren & State of North Carolina being of sound & perfect mind & memory do hereby make & ordain this to be my last will & Testament, in manner & form following viz:
Item 1st. I give & bequeath unto my grand children who are the children of WILLIAM P. NEWELL dec'd (NANCY who is now the wife of ANTHONY M. JOHNSON excepted) the tract of land lying on the south side of Reedy Cree, adjoining the lands of WILLIE LANCASTER, DAVID DOWTIN & others, containing three hundred acres more or less. It is distinctly understood that it is my wish & desire, that the aforesaid NANCY, who is the wife of the said A. M. JOHNSON is to have no part or share in the above mentioned tract of land.

Item 2nd. I give & bequeath unto my grandchildren, who are the children of WILLIAM P. NEWELL dec'd (NANCY the wife of A. M. JOHNSON included) the following Negroes viz: PRISS, RACHEL, FANN, FADY, HIXY, and their increase, also JEFFREY, TIMOTHY, GID & a boy called GEORGE, also my interest in girl CAROLINE, and also the hire of said Negroes, heretofore mentioned to them & their heirs forever.

Item 3rd. I give & bequeath unto my grand children, who are the children of JNO. A. NEWELL dec'd the following Negroes viz: CHARITY, ROSE, EMELINE, & MARTHA & their increase, also Negroes, MARTIN, SCOTT CHANCE & JERRY, which Negroes have already been loaned or given to the aforesaid JOHN A. NEWELL, but no title conveyed to him for the said Negroes heretofore. Also I give and bequeath unto the aforesaid children of JOHN A. NEWELL two other Negroes, namely a boy named GATES & girl named RODA & her increase, to them & their heirs forever.

Item 4th. I lend unto my grand daughter NANCY S. JOHNSON, the land whereon I now reside (containing five or six hundred acres more or less, during her lifetime, and at her decease, I give & bequeath said land and premises unto the heirs of her body, if she has any, but if she has no heirs of her own body, the above tract of land to revert to my grandchildren LEMUEL A. NEWELL & SAMUEL T. NEWELL, children of WILLIAM P. NEWELL dec'd, to them & their heirs forever.

Item 5th. I give & bequeath unto my grand daughter, NANCY S. JOHNSON two horses or my mule & horse, that is she is to have her choice of any two animals of the horse kind, that I may own at the time of my death, also my window curtains, carpets, one curtain beadstead & two counterpanes 1st choice to her & her heirs forever.

Item 6th. I give & bequeath unto my grand daughter ARRABELLA F. NEWELL, daughter of JOHN A. NEWELL, dec'd, the following Negroes, namely AMANDA & DELLAR & their increase which have hereto fore been loaned to JOHN A. NEWELL, dec'd the Father of the said ARRABELLA F. NEWELL. It is my will & desire, that if the said ARRABELLA F. NEWELL should die without lawful issue of her body, the said Negroes be equally divided between her own Brothers & sisters, children of JOHN A. NEWELL dec'd.

Item 7th. It is my will and desire, that at my death the Negroes belonging to me not heretofore given away, including, FANNY, the daughter of LUCY, be equally divided between the children of WILLIAM P. NEWELL dec'd and JOHN A. NEWELL dec'd, & that the Negroes that shall fall to the heirs of JOHN A. NEWELL in the division shall be sold on my premises on a credit of twelve months, my Executors taking bond and approved security for the same, and that the amount arising from the sale of the said Negroes, shall be given to the sd. heirs of JOHN A. NEWELL dec'd as they respectively become twenty one years of age or get married, that is to say, each one's equal proportion shall lbe given to him or her as they respectfully get married or become twenty one years of age.

Item 8th. I give and bequeath unto the heirs of JOHN A. NEWELL dec'd the sum of three hundred dollars, out of the money now in my possession, to be equally divided between them, which sum or amount is to be paid them in cash.

Item 9th. It is my will & testament that the residue of my estate of what nature soever, consisting of household & kitchen furniture, stock of every description, crop farming utensils &c &c be sold on a credit of twelve months & that the proceeds together with the money & bonds on hand be equally divided among the heirs of WILLIAM P. NEWELL dec'd and JOHN A. NEWELL dec'd them and their heirs forever.

Item 10th. I do hereby constitute and appoint my faithful friends ANTHONY M. JOHNSON and JAMES T. BROWN Executors of this my last will & testament, hereby revoking & making void all other wills by me heretofore made. In witness I hereunto set my hand and affix my seal this sixteenth day of June in the year of our Lord one thousand eight hundred & forty six.
Signed, Sealed & published
in the presence of
JOHN P. JOHNSON (Jurat)
JOHN KELLY (Jurat)
NANCY NEWELL


State of North Carolina
Warren County
Court of Pleas & Quarter Sessions, November Term 1846

This will by NANCY NEWELL was duly proved in open court by the oaths & examination of JOHN P. JOHNSON & JOHN KELLY the subscribing witnesses thereto & on motion is ordered to be recorded -- whereupon A. M. JOHNSON & JAS. T. BROWN the Exrs therein named came into Court & qualified in due force of law by taking the usual oath.
Test
JNO. W. WHITE, Clk

===============================================

Estate of NANCY NEWELL, 1846
Will Book 40, Page 145



Warren County
Amount of the Following Negroes sold the 15th day of March 1847 by the Executors of NANCY S. NEWELL, dec'd.

Ben -     William S. Ransom - $500.00
Caesar - Henry Harris -            235.00
Emma -  Henry Harris -            151.00
Lucinda -John P. Johnson -       511.00
Jacob -   Henry Harris -            257.00
Burchett- John P. Johnson -           .25
Fanny     }William S. Ransom-  570.00
Elizabeth}
Matilda   }

Jerry -  William S. Ransom -    277.00
Nicy     }
Martha }
Daniel  }  Andrew J. Johnson - 511.00
Lucy    } Wade H. Johnson -    201.00
Siller & Child Boston                   x
Primus -  John P. Johnson -     500.00
Catherine - John P. Johnson-   400.00
(total)                              $4113.25

[signed]
A. M. JOHNSON
JOS. T. BROWN


Warren County Court 1847
This acct of Sales was returned upon oath in open court by the Executors and ordered to be recorded.

Test
JNO. W. WHITE, Clk

===============================================

To the Worshipful Court of Pleas & Quarter Sessions for the County of Warren & State of North Carolina

Pursuant to an order to us directed the undersigned commissioners convened at the late residence of MRS. NANCY S. NEWELL, dec'd, on Friday the 12th day of March 1847 and proceeded to the division of the Negroes given by her will to her grandchildren the following Negroes:
Fanny, valued at $500
Fady, valued at $100
drawn by MRS. NANCY JOHNSON and -$600
received from the children of WM. P. NEWELL - 9 = $609
making an equal distributive share of six hundred and nine dollars & the following Negroes belong in common stock as follows:

 

Gid Valued at $ 600
Geoff Valued at    500
Priscilla Valued at      54
Tim Valued at    400
Hixy Valued at    400
George Valued at    500
Rachel Valued at    100
Caroline & child Valued at    500
    $3054
 

Making three thousand and fifty four dollars, all respectfully submitted.
 

Commissioners
HENRY HARRIS
EDWARD KEARNEY
CHAS. SKINNER
 
 

Know all men by these presents that we PETER D. POWELL & SAM'L A. WILLIAMS are held and firmly bound to the State of North Carolina in the sum of Nine Thousand Two Hundred & Fifty Dollars to which payment well and truly to be made we bind ourselves and each of us himself our and each of our heirs Executors and administrators firmly by these presents.
The Conditions of the above obligation is such that whereas ANTHONY M. JOHNSON and JAMES T. BROWN Executors of NANCY S. NEWELL dec'd have delivered to PETER D. POWELL guardian of JOHN D. NEWELL, ELIZABETH J. NEWELL, LEMUEL A. NEWELL, SARAH A. M. NEWELL, SAMUEL T. NEWELL (viz 25 in No.) certain Negroes named: HAGER, REBECKA, TRIM, ISABELLA, JENNY, MARTIN, DANIEL, PLUMMER, LOUISA, AMY, EMANUEL, MALISSA, ROSE, ADAM, SOLOMON SR., SOLOMON, JEFFREY, TIM, GID, GEORGE, CAROLINE & Child, HIXY, PRISCILLA, RACHEL.
The above named Negroes were valued at $3050/4650 =$7705 dollars belonging to the Estate of said Testator which said Negroes were bequeathed to the said JOHN D. NEWELL, ELIZABETH J. NEWELL, LEMUEL A. NEWELL, SARAH A.M. NEWELL, & SAMUEL T. NEWELL by the said testator. Now if any debt or debts truly due or owing from the Estate of the said NANCY S. NEWELL shall hereafter be sued for and recorded or otherwise duly made to appear and the said PETER D. POWELL guardian of the said orphans- shall refund or pay his ratable or proportionable part of said debt or debts then this obligation shall be void; otherwise to remain in full force. In witness whereof we have hereunto set our hands and seals this the 15 day of March 1847.
P. D. POWELL
SAM'L A. WILLIAMS

 

===============================================

State of North Carolina
Warren County
Court of Pleas & Quarter Sessions
November Term 1848

To the Justices of the Honorable Court aforesaid the petition of LEMUEL A., SAMUEL T., ELIZABETH J, and SARAH M. NEWELL by their guardian PETER D. POWELL and of JOHN D. NEWELL all of the County of Warren and State of North Carolina respectfully sheweth that NANCY S.NEWELL late of the County & State aforesaid died in the year 1846 leaving a last Will and Testament, which was duly proved and admitted to record in the County Court of the County aforesaid at its November Sessions of the same year, that by her said will she bequeathed to your petitioners, children of WILLIAM P. NEWELL and grandchildren of NANCY S. NEWELL dec'd certain Negroes, viz, HAGAR, REBECCA, TRIM, ISABELLA, JENNY, MARTIN, DANIEL, PLUMMER, LOUISA, AMY, EMANUEL, NELSON, PRISCILLA, and RACHAEL, to be equally divided between them. Your petitioners further shew that JOHN D. NEWELL is now of full age and further represent that a division of said slaves according to the Will of the deceased is both necessary and proper and they hereby pray this Honorable Court to order and decree the division of the estate. And your petitioners will ever pray &c.
M.W. RANSOM
Solicitor for Petitioners

Test
JNO. W. WHITE Clk

State of North Carolina
Warren County
December 26, 1848

In obedience to an order of Court to us directed at Nov. Term 1848, we have this day proceeded to divide the following Negroes among the heirs of WM. P. NEWELL so as to allot to JOHN D. NEWELL one equal fifth part thereof:

NAMES AGES VALUE
Solomon 63 $   50.00
Adam 55    237.50
Jeff 37    575.00
Plummer 30    612.50
Tim 32    525.00
Gid 21    650.00
George 16    612.50
Manuel 17    450.00
Solomon (boy) 12    362.50
Martin * 10    332.50
Daniel **   6    250.00
Trim   3    200.00
Sandy   2    125.00
Priscilla 65      25.00
Rachel 50      31.25
Hagar & child 35    400.00
Caroline 25    450.00
Louisa 18    318.75
Amy 17    500.00
Jenny 17    500.00
Malissa *** 15    375.00
Hicksy 11    350.00
Rose  9    275.00
Beck  7    200.00
Isabel  2    150.00
Total valuation:   $8557.50
 

1/5 part of this sum is $1711.50 and we have alloted to JOHN D. NEWELL the following Negroes:

Priscilla Valued at $  25
Gid "         "   650
Daniel "         "   250
Amy "         "   500
Rose "         "   275

Total Valuation:  $1700 & he is to receive from ELIZABETH J., LEMUEL A., SAMUEL F. & SARAH A. M. NEWELL the sum of Two Dollars 87 1/2 and each all of which is respectfully submitted.

THOS. J. PITCHFORD, J.P.

Commissioners
W. HUDGINS
JOHN S. DAVIS
EDWARD DAVIS
SAM'L DAVIS 
 

Warren County Feb'y Court 1849
This Report of Commissioners was returned in open court confirmed & ordered to be recorded.

Test
JNO. W. WHITE, Clk

===============================================

Warren County, NC
December 24, 1852

In obedience to the annexed order directed to us at Nov. Term of the Court of Pleas and Quarter Sessions for the County and State afores'd, we the undersigned Commissioners, proceeded after being duly sworn, to divide and allot the Negroes belonging in common to the petitioners and their minor brother and sister.
After valuations and divisions into four equal parts ($10900 total valuations & $2725 for each part) we have allotted No. 2 to LEMUEL A. NEWELL the following Negroes:

  • Manuel

  • Tim
  • Malissa***
  • Daniel**
  • Isabel
  • William

Valued at $2700 and to receive $25 in money from No. 3 allotted to ELISABETH J. NEWELL.

We have allotted to ELISABETH J. NEWELL, lot No. 3 the following Negroes:

  • Bob
  • Martin*
  • Hixy
  • Rachael
  • Louisa
  • Nicey
  • Lydia

Valued at $2825 and she is to pay to lots 1 & 4 in common the sum of $75.

The Negroes in lots 1 & 4 we have left in common to the minors SARAH A. M. & SAM'L T. NEWELL.   All of which is respectfully submitted. Given under our hands and seals this 24th Dec'r 1852.

THOS. J. PITCHFORD
WM. C. CLANTON
JOHN S. DAVIS

 

(Note: This was Nancy Cheek, widow of David Hyde Newell, died 1821; their marriage bond was dated May 25, 1802 in Warren Co. Of note, is that their son, William P. Newell, was also the father of an illegitimate child with Elizabeth Patterson, as Bastardy Bond filed in Warren Co. in February Court 1828)

 

Notes on Slaves:
* Martin was son of Martin & Pennie; haven't located him after this record.
**Daniel was son of Martin & Pennie; he was my 3rd great-grandfather.
*** Malissa was the mother of Corenna Newell, b.1862, wife of Solomon Caudle, who was son of John Haywood Caudle & Mary P. Evans, free persons of color.


 

 

 

2012 This website and all material on it are the property of Deloris Williams. Last updated 09/01/2012