Orange County NcArchives Wills.....Bolls, Adaline May 5, 1862
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, page 388
Written: May 5, 1862
Recorded: May 1862
Testator: Adaline Bolls
I Adaline Bolls considering the shortness of
life and the certainty of death do make and publish
this my last Will and testament in manner and form
following: First I commend my soul to God
who gave it. then as touching my worldly estate
which God in his goodness hath given to me
I dispose of as follows:
Item 1st After the payment of my debts and
funeral expenses I divise and bequeath all my
estate both real and personal to Patterson
H McDade to have and to hold to him and his
heirs forever in trust nevertheless and to the intent
and purpose that he shall have the management
of it until my daughter Delphina shall attain
her majority at which time I direct my trustee
the said Patterson H. McDade to pay over to my
said Daughter Delphina all the siad[sic] estate
with its increase.
Item 2 hereby reserve from the foregoing bequest
my husband Allen who is a slave and I
hereby and bequeath the said Allen
unto P. H. McDade and his heirs to have
and to hold [for] his own use and benefit forever
[page 2]
Item 3. I hereby nominate and appoint
the said P. H McDade guardian both of
the person and estate of my said daughter
Delphina.
Item 4th I her[e]by nominate the said
P. H. McDade to execute this my last
Will and testament.
In testimony whereof I have hereunto set
my hand and seal this 5th day of May 1862
Executed in presence Adaline Bolls (seal)
of Wm. Y. Weaver
E. S. Cates
[Will Book Volume G, page 388]
I Adaline Bolls considering the shortness of life and the
certainty of death do make and publish this my last
Will and Testament in manner and form following First
I commend my Soul to God who gave it Then as to touching
my worldly estate which God in his goodness hath given
to me I dispose of as follows
Item 1st After the payment of my debts and funeral expenses.
I devise and bequeath all my estate both real and personal
to Patterson H McDade to have and to hold to him and his
heirs forever in trust nevertheless and to the intent and pur=
pose that he shall have the management of it until my
Daughter Delphina shall attain her majority at which
time I direct my trustee the said Patterson H.
McDade to pay over to my said daughter Delphina
all the Said estate with its increase
Item 2nd hereby reserve from the foregoing bequest my ["house" x-out]
husband Allen who is a slave and I hereby and bequeath
the said Allen unto P. H. McDade and his heirs to have
and to hold [for] his own use and benefit forever
Item 3rd I hereby nominate and appoint the Said P. H McDade
guardian both of the person and estate of my said daughter
Delphina
Item 4th I hereby nominate the said P H. McDade to execute
this my last Will and Testament
In testimony whereof I have hereunto set my hand and
seal this 5th day of May 1862
Executed in presence of
Wm. G. Weaver Adaline Bolls (seal)
E. S. Cates
Orange County Court May Term 1862
The foregoing last Will and Testament of Adaline
Bools was duly proved in open Court See minutes.
Additional Comments:
Will Book Volume G, page 388
Recorded May 1862
This is a very unusual will, written during the war, the testatrix appears to be a free black woman, married to Allen, a slave, whom she appears to own. She bequeaths Allen to Patterson H. McDade
Estate Papers comprise 77 pages and are found in a folder labeled "Bowls, Adaline (1862)" Delphina died intestate in 1864. Testatrix died May 1862.
Louisa is the wife of Thomas Braxton[?] of Alamance County, also listed as wife of Thomas Bowden of Alamance County.
Testatrix's daughter Delphina died age 2 years 7 months in 1874.
Testatrix's uncle Isaiah Bowles removed out of this state.
House and lot was on Franklin Street in Chapel Hill.
In the 1870 Census, Patterson McDade is listed as age 60, a Tanner. living in Chapel Hill, Orange County, NC.
In the 1860 census Adaline Bowles is listed as age 32, black, real estate $800, personal property $6.50
On a page adjacent to Adaline, P. H. McDade is listed as age 49, real estate $3,500, personal property $10,000
[Estate Papers - Letter of George Laws 12 Oct 1866]
Chapel Hill Oct 12th 1866
G. Laws C.C.
Dr. I Sent you up a list of
named to fill out that petition with; for the sale of
the house & Lot belonging to the estate of Adaline Bolles;
Yesterday I learned, that there was another Sister by the
name of Louzana Barton wife if Sim Barton, She is
dead, but left two children ~~ the childrens given names
I did not learn; then there is an Edmond Bird who
claims to be an heir, he is only a half brother to Adaline
Bolles, (on the mothers side) I dont know whether Bird is
an heir Certainly or not ~~ You know much more about
these law matter than I do, if he is then his name & these
two Barton Children should be inserted in the petition
& be advirtized for with the others to appear at next
Court ~~ I Suppose you make publication in the Hills-
borough Recorded notifying these parties ~~ in regard to
the petition, I Said nothing to you about that, knowing
that you knew what was necessary much better than
I did ~~ & further if it was necessary to Say any thing
to you particularly. I expected Mr Phillips would do so
Your Truly Yours
P. H. McDade
N. B. Nothing of interest write you
[Estate Papers Answer Nov 1866]
State of North Carolina } Court of Pleas & Q. S.
Orange County } Nov Term AD 1866
P. H. McDade Exer. of Adeline Bowles deceased
vs the Heirs at law of said deceased
The answer of Isaiah Bowles, Thomas
Bowden and wife Louisa, McKinsey
Adeline and Patterson M Bowles children
of John Bowles deceased, Edmund Byrd
Louis Bowles & William and Sarah Barton children of Susana
to the petition of P. H. McDade Exr to make
Bowles deceased
real estate assists
The defendants reserving to themselves all
manner of exceptions to the said petition
for answer thereto saith that the debts properly due
from the estate of Adeline Bowles decd
as far as they know are as follows - To Dr J. B. Jones Thirty Dollars
a claim of John W. Carr for Twenty Dollars
which the defendant Louisa Bowden
believe to have been paid as she was so
informed by the decease before her death;
for a coffin for the deceased Twelve Dollars
That the deceased during her life purchased
her husband then a slave from Miss Nancy
Hilliard and Benton Utley and owned
him as a slave during her life, and
at her death by her will bequeath the said
Allen to the Plaintiff P. H. McDade, and
these defendants charge that the Larger
part of the amount set forth as due
by the said deceased, was in fact
due by Allen individually and that
the estate of the deceased is in no
way responsible for them. The defen-
[page 2]
dants pray that there may be a reference
to the Clerk of this Court and the Plaintiff
held to strict [x-out] proof of every
account, with notice of the time of taking such account to be
served on these defendants. The defend-
ants further charge that the Executor
is responsible for the rent of the property
of the deceased since her death in
May 1862, which would be worth at
least seventy-five Dollars a year. The
defendants further state that, if there are
debts to any thing near the amount sta-
ted by the Plaintiff, they or part at least
are subject to the scale provided by
the last Legislature, as they were con-
tracted during the late war and at
extravagant prices. These defendants charge
and believe that the personal estate of the
deceased was more than amply suf-
ficient to meet all her just debts, and
ask that the Executor may on oath
render a full, true and perfect account
of his dealings and transactions since
his qualification. Those defendants
believe that to sell the property at the
present time would be a great
sacrifice and that if the personal
property is insufficient to meet all just
debts and liabilities, they expect to
be able to raise the required amount
according to their respective shares.
They further state that there is no
[page 3]
pressing need for a sale, as under the
present stay[? stray?] law, the Executor has the
power to defer payments until the
rents and profits would more than
equal the installments required every year.
Further answer these defendants state
that there is one or more than one acres
contained in said lot and the rent for the
present and next year will more than meet the
deficiency if found to be as large as
state by the Executor.
These defendants therefore pray to be hence
dismissed with their reasonable costs
and charges in this behalf most wrong-
fully sustained.
John W. Graham sol for Defts
North Carolina
Orange
Edmund Byrd, Thomas Bowden and Louisa
Bowden defendants in above suit being
duly sworn before me George Laws Clerk
of Orange County Court make oath that
the fact set forth in the foregoing answer
to be of their own Knowledge and true
and the rest they believe to be true.
Edmund Byrd
her
Louisa (X) Bowden
mark
his
Thos (X) Bowden
mark
Sworn and subscribed before me this
27th day of Nov A.D. 1866.
Geo Laws CCC