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
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)
State of North Carolina
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.
JNO. W. WHITE, Clk
Estate of NANCY NEWELL, 1846
Will Book 40, Page 145
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
Jerry - William S. Ransom - 277.00
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
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.
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:
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
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.
Solicitor for Petitioners
JNO. W. WHITE Clk
State of North Carolina
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:
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.
JOHN S. DAVIS
Warren County Feb'y Court 1849
This Report of Commissioners was returned in open court confirmed & ordered to be recorded.
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
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
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:
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.