Orange County NcArchives Wills.....Brewer, Sackfield June 2, 1810
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 384-386
Written: June 2, 1810
Recorded: Aug 1813
Testator: Sackfield Brewer
In the name of God Amen I Sackfield Brewer senior
of the County of Orange & state of NCarolina, being in tolera-
ble health for my time of life; & of sound mind & memory, revok-
ing all former ones, do make, constitute, & ordain this my last
will & testament in manner & form following to wit
In the first place, I allow, & grant to my son Thomas
Brewer, & confirm to him during his natural life the
full use, benefit, & privilege of all that part, & parcel of
my land, which lies on the north side of the Watery Fork; & at
his death give & bequeath said tract & parcel of land to my
grand daughter Patsey Linsey, & to the two oldest children of
my grand daughter Sarah Edwards, to be equally divided be-
tween said Patsey Linsey, & the two oldest children of Sarah Edwards
aforesaid, (the two children together sharing as much as Patsey Linsey alone)
I also grant, loan, & allow to my said Son Thomas, the service
& use of negroes Candis, & Aaron, (remaining now in my possession)
during his life, as aforesaid, & at his death I give & bequeath
negro Candis, & her issue to the two oldest children of my grand
daughter Sarah Edwards & negro boy Aaron to my grand
daughter Patsey Linsey
Item, I also grant, loan & allow to my son Ezekiel Brewer
confirm to him during his natural Life the full use
benefit, & privilege of all that part, & parcel of my land, which
lies on the south side of the aforesaid Watery Fork- & after
his death I give & bequeath said tract or parcel of land
to my grand son Sackfield Brewer, son of said Ezekiel- I also
loan, & allow to my said son Ezekiel during his life the
service & use of my negro boy Pompey, now in my possession, &
then I give & bequeath said negro boy Pompey to my grand son Henry
Brewer, son of said Ezekiel- And I also give & bequeath to my afore-
said grand son Sackfield Brewer my negro girl Rachel, & to my grand
daughter Patsy Brewer, daughter of said Ezekiel, my negro girl Nann[?],
& to my grand daughter Polly Brewer, daughter, of said Ezekiel, one
feather bed & furniture, & to my son Ezekiel my wagon, & geers.
Item, I give & bequeath to my daughter Elizabeth Brewer
all that tract, or parcel of land lying on the West side of
Cane Creek, belonging to me, which adjoins the lands of William
Hopson, my negro girl Sylva[?], negro boy Charles, & my feather bed, &
furniture
Item, I give & bequeath to my grand daughter Mary Meacham my ne-
gro girl Ginny- & also to my great grand son, Peter Brewer, son of my grand
[page 2]
son Peter, I give one hundred Dollars, to be placed in the hands
of Jesse Meacham, & by him let out upon interest, till said
infant Peter shall come to full age, & then, & not till
then, to receive, & have both principal, & interest, which shall
have accrued
Item, I give & bequeath to my daughter Rebeca Hobson senr.
my negro wench Ary, & negro girl Rhody
Item, I give & bequeath to my grand daughters Sarah Ed-
wards, & Patsey Linsey fifty Dollars (apiece)
Item, I give & bequeath twenty Dollars to my old negro wench
Rachel - & it is my will & pleasure, & I do hereby emanci-
pate said Wench Rachel, & set her at liberty from the service
of any person whatsoever, after my decease
Item, I give & bequeath my negro girl Sook to the next oldest
child, which shall be living at the time, of my grand son Peter
Brewer, to his son Peter, who is one of the legatees herein mentioned-
Item, & lastly, I give, & bequeath, after all my Just debts are paid
in equal shares to each of my four surviving children Eze
kiel, & Thomas Brewer, & Elizabeth Brewer & Rebecca Hopson
all my money, outstanding debts, my still, live stock, & other
property of whatsoever kind, to be divided into equal parts or lots
if they can agree in that way among themselves - or otherwise
to be disposed of at public sale, & the proceeds divided as above
directed -- & I do hereby constitute, & appoint Ezekiel &
Thomas Brewer, my aforesaid sons - & Col. Charles Christmas
the executors of this my last will, & testament - In Witness
Whereof I do hereunto subscribe my name, & annex my
seal, this second day of June A.Dom 1810
test
Sackfield Brewer (seal)
R Stanford
William Moore jurat E & Thos. Brewer qualified
[Annex]
In the name of God, Amen Zacfield Brewer being in a tolerable
state of health for my age & infirmities, & in sound mind & memory, [Consti-]
tute this a part of my last will & testament as above written, which
I hereby confirm & continue, except the part ["I" x-out] where I have
given one hundred Dollars to my great grand son Peter Brewer, son
of my grand son Peter, which part I hereby revoke so far, & so far only
as to reduce the sum of one hundred to fifty Dollars, to be managed
kept & paid over to him when he becomes to full age by Jesse Meach-
um as above directed & except also the item, which gives my negro girl [Sook]
which I hear by utterly revoke, & give said girl Sook to my daughter Elizabeth [Brewer]
Also I give & bequeath to my son Thomas Brewer the one
of the Mulatto twin children, born since my above will was written
say the one called Anderson - & to my son Ezekiel Brewer the
other of said twins understood to be called Jim
In witness whereof I do hereby subscribe my name
and affix my seal this 15th day of August, A.Dom. 1811
Test Zacfield
his (X) mark (seal)
R Stanford Brewer
[Will Book Volume D, page 384]
In the name of God Amen I Sackfield Brewer senior of the
County of Orange & State of North Carolina being tolerable
health for my time of life & of sound mind & memory, revoking all
former ones, do make constitute & ordain this my last Will and
testament in manner & form following Viz ~~~~
In the first place I allow and grant to my son Thomas Brewer &
confirm to him during his natural life, the full use, privilege and
benefit of all that part & parcel of my land, which lies on the north
side of the Watery fork & at his death give & bequeath said tract
& parcel of land to my Grand daughter Patsey Lindsey & to the two
oldest Children of my Grand daughter Sarah Edwards to be equally
divided between said Patsey Lindsey and the two oldest Children of Sarah
Edwards aforesaid (the two Children together sharing as much as Patsy Lindsey
alone) I also grant, loan, & allow to my said Son Thomas Brewer the Ser
=vice & use of my Negroes Candis & Aaron (remaining now in my possession
during his life as aforesaid & at his death I give and bequeath Negro
Candis & her issue to the two oldest Children of my Grand daughter Sarah
Edwards ~~ & Negro boy Aaron to my Grand daughter Patsey Lindsey
Item. I also grant, loan, & allow to my son Ezekiel Brewer & confirm
to him during his natural life, the full use benefit and privilege
of all that part & parcel of my Land which lies on the South side
of the aforesaid Watery fork and after his death I give & bequeath Said
tract or parcel of Land to my Grandson Sackfield Brewer, son of sd. Ezekiel
[Will Book Volume D, page 385]
I also loan & allow to my said son Ezekiel during his life the service and
use of my Negro Boy Pompey now in my possession then I give and
bequeath said Negro Boy Pompey to my Grandson Henry Brewer
son of said Ezekiel. And I also give & bequeath to my aforesaid Grand
son Sackfield Brewer my negro Girl Rachel, and to my Granddaughter
Patsey Brewer daughter of said Ezekiel My Negro Girl Nan, And to
my Granddaughter Polly Brewer daughter, of Said Ezekiel One
Feather bed & furniture & to my son Ezekiel my Wagon, & Geers
Item I give & bequeath to my Daughter Elizabeth Brewer all that tract
or parcel of land lying on the West side of Cane Creek belonging to me
which adjoins the lands of William Hopson, my negro girl Sylvia
Negro boy Charles, & my feather bed, & furniture ~~~~
Item, I give and bequeath to my Grand daughter Mary Meacham
my Negro Girl Jinny ~~ & also to my great Grand son, Peter Brewer
son of my Grandson Peter, [I] give one hundred dollars to be placed in
the hands of Jesse Meacham & by him let out on interest till said
Infant Peter shall come to full age & then & not till then to receive
and have both principal & interest which shall have accrued ~~~
[passage from loose will, not found in will book copy]
Item, I give and bequeath to my daughter Rebeca Hobson senr.
my negro wench Ary, & negro girl Rhody
[end of missing passage]
Item. I give & bequeath to my grand daughters Sarah Edwards & Patsey
Lindsey fifty Dollars (apiece) ~~~~
Item. I give and bequeath twenty Dollars to my [old] Negro Wench Rachel
& it is my will & pleasure, & I do hereby emancipate said Wench
Rachel & set her at liberty from the service of any person whatsoever
after my decease ~~~~~ Item. I give and bequeath my Negro Girl Sook
to the next oldest child which shall be living at the time of my Grandson
Peter Brewer, to his son Peter, who is one of the Legatees herein mentioned
Item & lastly, I give and bequeath after all my Just debts are paid in
equal shares to each of my four surviving children Ezekiel & Thomas
Brewer, Elizabeth Brewer & Rebecca Hopson all my money out
-standing debts, my Still, live Stock, and other property of what
=ever kind, to be divided in[to] equal parts or lotts if they can agree
[Will Book Volume D, page 386]
in that way among themselves, Or otherwise to be disposed of at Public
Sale & the proceeds divided as above directed ~~~ & I do hereby
constitute and appoint Ezekiel & Thomas Brewer my aforesaid sons
& Colo. Charles Christmas the Executors of this my last Will & testament
In Witness whereof I do hereunto subscribed my name and annex
my Seal, this Second day of June ADom 1810
Test
R Stanford } Sackfield Brewer (seal)
William Moore }
[Annex] In the name of God, Amen Zacfield Brewer being in a tolerable
State of health for my age & infirmities & in sound mind & memory
Constitute this apart[sic] of my last Will & testament as above written which
I hereby confirm & continue except the part where I have given one
hundred dollars to my Great Grandson Peter Brewer son of my
Grandson Peter, which part I hereby revoke so far & so far only as
to reduce the Sum of one hundred to fifty Dollars, to be managed
kept & paid over to him when he becomes to full age by Jesse Meachum
as above directed & except also the Item that gives my Negro Girl Sook
which I hereby utterly revoke, & give said Girl Sook to my daughter
Elizabeth Brewer ~~~ Also I give and bequeath to my son Thomas Brewer
the one of the Mulatto twin children born since my above Will was written
say the one called Anderson & to my son Ezekiel Brewer the other of said
twins understood to be called Jim ~~~~~
In witness whereof I do hereby subscribe my name and affix my Seal
this 15th day of August, ADom 1811
Test Zacfield
R Stanford his (X) mark (seal)
Brewer
Orange County August Term 1813
The Execution of the foregoing last Will & testament of Zacfield Brewer decd.
was duly proved in open Court by the oaths of Richard Stanford & William
Moore, Also the part annexed by Richard Stanford subscribing Witnesses
thereto & Ordered to be recorded at the same } Test.
time E. & Thos. Brown two of the Executors named }
in Said Will were qualified }
Additional Comments:
Will Book Volume D, pages 384-386
Recorded Aug 1813
"Sackfield" in original will, "Zackfield" in will book copy. In the annex, "Zacfield"
R Stanford is Richard Stanford, from the probate court
Perhaps too many commas in the original?
Estate Papers comprise 43 pages and are found in a folder labeled "Brewer, Sackfield (1815)".
[Estate Papers - Bill of Complaint 6 Feb 1832]
State of North Carolina }
Orange County } In Equity
To the Honorable William Norwood Judge of the
Court of Equity for Orange County
The Bill of Complaint of David Turner and Ro-
sanna his wife of the County of Orange, your orators,
Humbly Complaining sheweth unto your honour that
Zackfield Brewer late of the County of Orange died about
the year 1813, leaving in writing a last will and testament
duly executed for the purpose of passing both his real and
personal estate, which was duly proved [x-out] at the Court of Pleas
and Quarter Sessions for Orange for the Year 1813 by Thomas
Brewer & Ezekiel Brewer the executors thereto that among
other devises and bequest[s] in said will contained are the follow-
ing, which were fully assented to by the said executors, (viz) " I
give and bequeath to Thomas Brewer, & confirm to him during
his natural life the full use privilege and benefit of all that
part, & parcel of my land, which lies on the north side
of the Watery Fork; and at his death give and bequeath
the said tract or parcel of land to my grand daughter
Patsey Lindsey, & to the two oldest children of my grand
daughter Sarah Edwards, to be equally divided between
said Patsey Lindsey, and the two oldest children of Sa-
[page 2]
rah Edwards aforesaid, the two children together sharing as much
as Patsey Lindsey alone. I also grant loan and allow
to my said Son Thomas, the service & use of negroes
Candis & Aron now in my possession during his life as afore-
said, & at his death I give and bequeath negro Candis
and her increase to the two oldest Children of my grand-
daughter Sarah Edwards" which said will is referred to
for greater certainty and prayed to be taken as a part of this
bill. Your Orators further shew unto your Honor that Ro-
sanna & Nancy Edwards, and that your orator David Turner
intermarried with the said Rosanna in Jany 1830
Your Orators further shew unto your Honor that after
death of the testator, Thomas his son took Candis in his possession
and kept her and her increase until about the year 1825 when
as your orator is informed and believe he sold Luris, one
of the Children of Candis ["who was" x-out] to one James Forsyth who
carried him off immediately out of the limits of this state being
a negro trader. And in the year 1827 or about that time the
said Thomas sold the negro woman Candis and her remaining chil-
dren, five in number to One Alexander Hogan a negro trader
who also removed them beyond the limit of this state: said
negroes were sold and removed without the knowledge, appro-
bation or consent of your orators
[page 3]
Your orators future shew unto your Honour that the said
Thomas Brewer as they were informed by his immediate neighbours
and believe, is committing great and permanent injury
and waste upon the said tract of land, but making great
["and ???" x-out] clearings upon it - cutting down much more of
the wood and timber than is necessary for the purposes of
fuel ["and" x-out] building and repairing - that the tract of land
consists of from four to six hundred acres, of which not less
than 300 is cleared land and he now continues to clear
large portions of the remaining wood lands - and your ora-
tors verily believe that the said Brewer has adopted and intends
vigorously to pursue this destructive system, as much to
injure them as for his own gain - for he wished to induce your
orators to sell it him for much less than its value and upon
his offer being declined "he said if he lived a little longer it
would soon be all cleared up and worn out" or words of
a like import.
Your orators therefor pray that the said Thomas
Brewer may be compelled to produce the said negros to this court
that he may be compelled to disclose the number of ages of
the children of the said Candis and her grand children if she
has any that an injunction may issue restraining him
from committing further waste on the said land and that
[page 4]
all such other and further lelief[relief] as your orators are entitled
to in the premises may be extended to them. And that the states Writ of Subpoena
together with a copy of this bill may issue to the said Thomas
requiring him to appear at the next term of this court to
be held for he County of Orange at the Court House in
Hillsborough on the Second Monday of March
next then and there to plead answer or demur to the
charges in this bill contained &c And your orators as in
duty bound will ever pray &c J.W. Norwood Sol
David Turner maketh oath that the }
matters of fact in this bill contained as of }
his own knowledge are true, and }
the rest he believes to be true }
David Turner
Feby 6th 1832
Sworn to before me }
6th Feby 1832 } Wm. Norwood JSC&E
Let an injunction to refrain the waste complained of issue
[several lines of ]
Llet the other process, of course, issue, upon the complainants enter-
in into bond and security as required by law 6th Feby 1832
Wm. Norwood JSC&E
[The injunction against cutting unnecessary timber, issued 7 Feb 1832 is included.]
[Estate Papers - Bill of Complaint 8 Aug 1831]
Orange County } In Equity
The Bill of Complaint of Ezekiel Brewer
and Thomas Snipes Executor of Elizabeth Brewer
against
Thomas Brewer Executor of Sackfield Brewer
To the Honourable the Judge of the Superior
Court of Law and Equity of Orange County
Humbly complaining show unto your Honor
Your Orators Ezekiel Brewer and Thomas Snipes
that in or about the year 1813 Sackfield Brewer
departed this life having made and published his
last will and testament whereof your Orator Ezekiel
and the defendant Thomas Brewer were appointed
executors, who ["duly" x-out] caused the same to be duly
proved and qualified as executors ["at" x-out] in the Court
of Pleas & Quarter Sessions for Orange County
["at ___ Term 18" x-out] (in which County the Testator
resided at the time of this death) at May
Term 1813 ----- The testator by his will
bequeathed to each of his children (of whom
he had four viz Thomas the defendant Ezekiel your
orator Elizabeth, and Rebecca married to William
Hobson) a certain number of his negro slaves
making an equal division as nearly as pos-
-sible and directed all the residue of his personal
estate to be sold and ["to' x-out] the produce of the sale
to be equally divided between his four children
[page 2]
above named - Your Orator Ezekiel though he
qualified as executor of his Father's will never in-
termeddled with the management or disposition
thereof except by assisting ["at" x-out] in the sale of the personal
estate directed to be sold and in taking bonds ["for" x-out]
["the prices" x-out] from purchasers for the prices of the
articles they bought: ["all of which bonds" x-out]
And such of these bonds as were ever in his possession he de-
livered to Thomas Brewer to be collected by him -
Your Orator Ezekiel avers that none of the money
secured by these bonds was ever received by
him, nor did he ever receive any money due to
the executors of Sackfield Brewer - but all the
money so due was paid to the defendant Thomas
who had undertaken to collect and receive it and then
to distribute according to the directions of the will -
of the precise value of the personal estate of the said Sack-
field exclusive of the negroes your Orators are
ignorant but they charge it to have been four
thousand dollars or thereabout and they further
aver that the testator was entirely free from
debt -- You Orator Thomas Snipes further shows
unto your Honour that in the year 1828 Eliza-
beth Brewer one of the daughters of the said Sackfield
died having duly made and published her last
will and testament in writing whereby
you Orator Thomas was constituted executor
who caused the same to be proved in Orange
County Court and was qualified according
to Law to execute the same -- During the
lifetime of the said Elizabeth the defendant paid to
her a very small part of the money due to her as
one of the residuary legatees towit about thirty
[page 3]
dollars, and fraudulently procured her to execute a paper
writing purporting to be a receipt for the whole of her
legacy and an acquittance of all demands against
the said Thomas as executor of her Father -- The said Eliza-
beth was ["an" x-out] illiterate and the said paper writing executed
by her was falsely read to her as a receipt for thirty dollars only
And ["she being ignorant of business" x-out] Your Orators further
change that he being ignorant of the value of her Father's
personal estate and reposing entire confidence in the
honesty and fidelity of the defendant was induced by his
false and fraudulent representations to believe that
the sum of money then paid to her was all that was
due to her for her legacy; and under that mistaken belief
both as to the nature and contents of the instrument execu-
ted by her and the amount of her legacy, she signed
the said paper writing, -- Your Orators further show
that the defendant exhibited to the County Court of Orange
and inventory of the personal estate of the said Sackfield
whereby he admits it to amount to $2082..08 which
they charge to be a false account; for he had neglected
to insert therein a debt due from one _____ Stanford of
$714..50 and various other sums of money which they are
unable to specify both because they are not minutely
acquainted with the assets which came to the hands of
the defendant and because in his said inventory he
has not set forth the particular items composing the
estate -- they specify the debt due from Stanford
because the defendant has declared that he never
had accounted for it and never would account for
it -- Your Orators further show that they have applied to William
Hobson and Rebecca his Wife to sue jointly with them, but
they refused so to do declaring that they had been paid and satisfied
the legacy due to them and that they had no claim against
[page 4]
the defendant in respect thereof your orators charge that
the said William and Rebecca have been paid and satis-
fied their legacy and have no cause of suit against the
defendant -- The defendant has been often requested
to settle with your Orators and with the said Elizabeth in
her lifetime: but he has always delayed or refused to
do so under various shifts and pretexts -- whereby your Orators
have been amused and deceived and prevented from
pursuing their right in a Court of Justice -- For many
years after the death of the said Sackfield the defendant
pretended that there were outstanding claims against
["and" x-out] in favour of the estate and that ["the" blot out] untill they were
ascertained and extinguished the share of each legatee
could not be ascertained - when that excuse could
not longer avail him he ["said" x-out] set up the paper wri-
ting he had fraudulently procured from Elizabeth
as a release of her legacy and made some pretense
about having settled with your Orator Ezekiel
which he never could distinctly explain nor your
Orator understand - And at last when he was
threatened to be sued he promised that if the lega-
tees would wait some short time he would
make a full and fair settlement and pay whatever
was due from him: By which promises made to your
orators and Elizabeth in her lifetime he induced them
to believe that the claims would be amicably arranged
and to relinquished the ["intention" x-out] design of sueing him, untill
his frequent and wanton violation of faith compelled them
to withdraw there confidence from him -- The before mention
-ed excuses and pretences your orators charge to be utterly untrue
For he never made any settlement with, nor paid any money
to, Elizabeth, except as above stated -- Nor has he ever come
to any settlement with your Orator Ezekiel; or paid him
any sum of money as far as he recollects - And if he is [in] possession
of any receipt or other writing tending to ["show" x-out] prove any
payment made to Ezekiel your orators charge that it
[page 5]
by fraud and imposition: That it was
not signed nor acknowledged by the said Ezekiel - or if
signed or acknowledged by him, ["without" x-out] such signature
or acknowledgment was made without any knowledge
of it true import or content and was procure by cir-
cumvention and false representations ---
In consideration of the premises and inasmuch
as your Orators are remediless except in this Honour-
able Court: And to the end that the said Thomas
Brewer may upon his corporal oath full true
and perfect answer make to the several matters
and things therein before set forth as particularly
as if they were here repeated and he especially inter-
rogated thereunto: And to the further end that the
said Thomas Brewer may make a full and complete
discovery of all the personal estate of Sackfield Brewer
in what it consisted and how he has disposed of the same
That he may be decreed to deliver up to be cancelled
the pretended receipt or acquittance which he obtained
["by" blot out] from the said Elizabeth by the false and fraudulent prac-
tices above stated and any pretended receipt acquittance or
acknowledgment of payment or of legacy, of Your Orator Ezekiel
which the said Thomas may have in his possession: And
to pay over to your Orators whatever may be found to
be due to them from him as Executor of Sackfield
Brewer; And to di such other and further things as
to your Honour shall seem meet and are agreeable
to Equity and good conscience -- May it please your
Honor to grant unto your Orator the State's Writ
of Subpoena commanding the said Thomas to
appear at the Court House in Hillsborough on the 2nd
Monday of September &c --Then & there to answer
[page 6]
the allegation in this bill contained and to abide
by and perform the sentence and decree which your
Honor shall make in the premises. And your
Orator shall ever pray &c
P H Winston Sol. for Comp
[Estate Papers - Bequest to Old Rachel (undated)]
Received of Thos. Brewer Executor of Sackfield Brewer
Decest. the Sum of Twenty Dollers in full of my part Devised
to me By the will of the sd Decest. in witness whereof I
have here unto Set my Name her
her Old (X) Rachel slave
test Polley (X) Brewer mark
mark