Orange County NcArchives Wills.....Armstrong, Thomas March 3, 1835
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 347-350
Written: March 3, 1835
Recorded: May 1835
Testator: Thomas Armstrong
In the name of God, Amen. I, Thomas
Armstrong of the County of Orange in the State of
North Carolina, being of sound & disposing mind & mem-
ory do make, constitute, publish & declare this as my
last will & Testament in the manner and form following;
to wit Imprimis, I give & devise to my dearly beloved
wife Elizabeth Armstrong one third part of the tract
of Land whereon I now live, including the mansion
house, & necessary outhouses, but excluding the
barn, sheds annexed thereto, with the machines
therein &c. for & during her natural life, & at her
death to my son Anderson Armstrong & his heirs forev=
er: I further give & bequeath to my said wife for & during
her natural life, the following negro slaves; to wit, Julia,
Peggy, Harry, Sam, Alley, Milley, & Lucinda, & at her death
the said slaves with all their increase up to that time, to be
equally divided among my children, Anderson, Asenath,
Thomas Lapslie, & Frances E. Armstrong & their heirs for
ever: I further give to my said wife one carry-all, one cup-
board, two tables, & one case of drawers. ~~~
My strong desire is, that my beloved wife & daughter Franc-
es may continue to live with my son Anderson at the
place of my present residence, & in that event, I enjoin
upon my said son to take upon himself the management
of the negroes hereinbefore bequeathed to my wife, together
with those hereinafter bequeathed to my daughter Frances, &
with the proceeds of their labour to furnish my said wife
& daughter with a comfortable support, the former during
her life time & the latter, till she shall marry or come to
the age of 21 years, when her negroes with all their in=
crease shall be delivered up to her. ~~ Should it howev=
er happen that they do not continue to live together,
then, it is my desire, that the aforesaid real & personal
estate be delivered by my Executors into the possession of my
said wife, together with two good farm horses, a suf=
=ficiency
[page 2]
ficiency of farming tools to carry on her farm, &
also kitchen furniture, & one year's provisions for her-
self, family & stock: & to my daughter Francis in
case of such separation, a good horse saddle & bridle
2ndly I give & devise to my son Anderson Armstrong all
the land now possessed by me in the County of Orange &
State of North Carolina, with the appurtenances, (except
that in which I have hereinbefore given to my wife a
life time estate, & in regard to that, I give & devise the
same to him after such life estate) to him & his heirs
forever: I further give & bequeath to my said Son Ander=
son the following negro slaves together with such increase
as they may have at my death; to wit, Black Phillis,
Davie, Bob, Thomas Washington, Robert Willie, Jerry Umstead,
Drusilla, Tenah, Levinia, Henry Jackson, Anderson,
Patsey, Nathaniel Giles, Allen, & John Bane, with all
my stock of every description, household & kitchen
furniture, farming tools &c (except in case of a separation
as aforesaid) one desk, one clock, & one watch, to him &
his heirs forever: I further give & bequeath to my said
son all notes, accounts & monies belonging to me, out of
which he is to pay all my just debts.~~~
3rdly I give & bequeath to my daughter Asenath Currie
& son-in-law John Currie, the following negro slaves,
together with such increase as they may have at my
death; to wit, Candice & her three children, Eliza &
her three children, & Maria & her two children, also one
man Lewis in special trust & confidence for their own
benefit & use till the death of my daughter Asenath;
at which time, said negroes with all their increase
are to be valued & divided between her children
& husband in the following manner, (to wit,) If she
should not have more than six children, her hus-
band John Currie is to receive one seventh part of
[page 3]
the abovementioned negroes during his natural life, & at his
death such part is to be equally divided among my said daugh=
ter's children; but if she should have more than six children,
then her said husband is to receive a child's part of said
negroes, during his natural life; & at his death such part
to be divided as aforesaid: after her husband has received
his part as above-directed, the remainder of said negroes
to be equally divided among her children, Thomas Ander
son, Ann Elizabeth & such other children as she may
have; this property of said children, however, to remain
in the hands of their father, till one of them shall marry
or come to the age of 21 years, when such child's part shall
be delivered up to him or her, (as the case may be); and so
with the rest successively as they marry or come to the
age of 21 years: ~~ And this disposition of my property is not
made on account of any want of confidence in my
son-in-law Currie, for in him I have every confidence,
but because I wish these negroes to remain among my
descendants. ~~~
If previous to the death of my daughter Asenath, any of
the above-mentioned negroes should prove ungovernable, I allow
my said daughter & her husband to sell such negro or negroes,
& put out the price upon interest, ~~ said interest, to be used for
the benefit of the family, & the principal to be divided among
her children as before directed with respect to their negroes. ~~
4thly I give & bequeath to my son Thomas Lapslie Armstrong
the following negro slaves; to wit, Enoch, George, Sandy, Susan,
Emiline, & Nancy, together with all their increase at my
death: I further give & devise to him all my interest in a
certain tract of land lying in Montgomery County in the
State of Georgia; also two good beds & furniture ~~~ to him
& his heirs forever. ~~ The remainder of the beds & furniture
to be equally divided among my wife, daughter Frances,
& son Anderson.
[page 4]
5thly I give & bequeath to my Executors hereinafter
named, the following negro slaves; to wit, Yellow Phillis,
Annis, Sarah, Charity, Biddy, Fanny, & Henry Stan=
ford with all their increase at my death, in special
trust & confidence for the sole benefit & use of my
daughter Frances E. Armstrong, to whom on coming
of age or marrying, they are to deliver the possession
of said negroes & their increase; & if after marrying she
should have issue & die before her husband, the same
disposition is to be made of said negroes & their
increase as herein-before directed with regard to
my daughter Asenath & her husband; but should
she die without issue, said property to be
thereupon equally divided among my chil=
dren Anderson, Asenath, and Thomas Lapslie.
As regards my son James Armstrong,
having already given him, as I consider a suffi=
ciency, I now leave it discretionary with my son
Anderson to make what further provision for him
he may think proper. It is my strong desire
however, that my said son Anderson procure a
sufficient tract of land for the maintenance of
my son James & his family and allow him the free
use of it during his natural life, & at his death
divide said tract of land equally among his
children.
Should any of the negroes hereinbefore bequeathed
to my wife prove ungovernable, I allow my said
wife & Executors, or either of said Exrs hereinafter named
to sell such negro or negroes, & put out the price of
the same upon interest, the said price, at her death,
to be equally divided among my children An-
derson, Asenath, Thomas Lapslie, & Frances E. Armstrong
[page 5]
and the interest, to be used for the support
of my said wife.
I constitute & appoint Anderson Armstrong
& Thomas L. Armstrong Executors of this my
last will & Testament ~~ In testimony of all
which I have hereunto set my hand & affixed
my seal this 3rd day of March one thousand
eight hundred & thirty five. 1835
Thos. Armstrong (seal)
Signed, sealed, published
& declared in the presence of us,
who were called on by the
Testator to witness his signa-
ture, which we did in presence of him
& of each other
William Clark
Jno Bane
Thos. P. Paul Jurat
Exr qualified
[Will Book Volume E, page 347]
In the name of God Amen I Thomas Armstrong of
the County of Orange in the State of North Carolina being
of sound & disposing mind & memory do make Constitute
publish & declare this as my last Will & Testament in the manner
& form following (to wit) Imprimis, I Give and devise to my dearly
beloved wife Elizabeth Armstrong one third part of the tract of
land whereon I now live including the mansion house & necessary
out houses, [but] excluding the barn sheds annexed thereto with the
machines therein &C for & during her natural life & at her death to my
Son Anderson Armstrong & his heirs forever I further give & bequeath to
my said wife for & during her natural life the following negro slaves (to wit)
Irelia [orig: Julia], Peggy, Harry, Sam, [Alley,] Milley, & Lucinda, & at her death the said
Slaves with all their increase up to that time to be equally divided among
my Children, Anderson, Asenath, Thomas Tapslie[sic] & Frances E Armstrong
& their Heirs for ever I further give to my said wife one carryall one
Cupboard two tables, & one case of drawers ~~ My strong desire is that [my]
b[e]loved wife & daughter Frances may continue to live with my son And
=erson at the place of my present residence & in that event I enjoin
upon my said son to take upon himself the management of the negroes
[x-out] hereinbefore bequeathed to my Wife together with those ~~~
hereinafter bequeathed to my daughter Frances & with the proceeds
of there[sic] labour to furnish my Said wife & daughter with a comfort
=able support the former during her life time & the latter till
She Shall mar[r]y or come to the age of 21 years, when her negroes with
all their increase Shall be delivered up to her ~~ Should it howev=
er happen that they do not continue to live together then it is my
desire that the aforesaid real and personal estate be delivered by
my Executors into the possession of my said wife together with two
good farm horses a sufficiency of farming tools to carry on her
farm, & also Kitchen furniture & one Years provisions for her self
family & stock & to my daughter Francis in case of Such
Separation a good horse Saddle & bridle 2ndly I Give & devise
to my son Anderson Armstrong all the land now possessed by me in
the County of Orange & State of North Carolina with the appertenances[sic]
(except that in which I have hereinbefore given to my wife a lifetime estate
[Will Book Volume E, page 348]
and [in] regard to that I give & [x-out] devise the same to him
after Such life estate) to him & his heirs forever I further give and
bequeath to my said Son Anderson Armstrong the following negroes[sic]
Slaves together with Such increase as they may have at my
death (to wit) Black Phillis, Davie, Bob, Thomas Washington,
Robert, Willie, Jerry, Umstead, Drusilla, Tenah, Levina,
Henry, Jackson, Anderson, Patsey, Nathaniel, Giles ~~
Allen, & John Bane, with all my Stock of every description
household & Kitchen ferniture, farming tools &c (except
in Case of a Separation as aforesaid) one dish [orig: desk], one clock, &
one watch to him & his heirs forever: I further give & bequeath
to my Said son all notes, accounts & monies belonging to me
out of Which he is to pay all my Just debts 3ndly[sic] I give
& bequeath to my daughter Asenath Currie & son in law John
Currie the following negro Slaves together with Such increase
as they may have at my death (to wit) Candice & her three
Children, Eliza & her three Children & Maria & her two children,
Also one man Lewis in special trust & Confidence for their
own benefit & use till the death of my daughter Asenath
at Which time said negroes with all their increase are
to be Valued & divided between her children & husband in
the following manner (to wit) If She Should have not
more than six Children her husband John Currie is to receive
one seventh part part[sic] of the abovementioned negroes during
his natural life & at his death Such part is to be equally
divided among my said daughters Children, but if She Should
have more than six children then her said husband is to receive
a childs part of said negroes during his natural life & at his
death Such part to be divided as aforesaid: after her husbands[sic]
has received his part as above directed, the remainder of said negroes
to be equally divided among her children Thomas Anderson, Ann Elizabeth
& Such other children as she may have; this property of said chil
=dren, however to remain in the hands of their father till one of
them Shall marry or come to the age of 21 years, when each [orig: such] childs
part shall be delivered up to him or her (as the case may be) and
so with the rest Successively as they marry or come to the age
of 21 years and this disposition of my property is not made on
Account of any want of confidence in my soninlaw Currie
for in him I have every Confidence but because I wish these negroes
to remain Among my descendants ~~ If previous to the death of my
daughter Asenath any of the above mentioned negroes Should prove
ungovernable I Allow my said daughter & her husband to sell such
negro or negroes & put out the price upon Interest ~~ said intrust[interest] to be
used for the benefit of the family & the principal to be divided
among her Children as before directed with respect to their negroes
[Will Book Volume E, page 349]
4ndly[sic] I give and bequeath to my son Thomas Lapslie Armstrong the
following negroes[sic] Slaves; (towit) Enoch George Sandy Susan Emaline
and Nancy together with all their increase at my death I further
give & devise to him all my interest in a certain tract of land
lying in Montgomery County in the State of Georgia also
two good beds & furniture to him & his heirs forever.~~ The remainder of
the beds & furniture to be equally divided among my wife, daughter
Frances, & son Anderson 5thly I Give and bequeath to my Executors
herein after named the following negro Slaves (towit) Yellow Phillis;
Annis, Sarah, Charity, Bidy, Fanny & Henry Stanford with all their
increase at my death in Special trust & Confidence for the sole benefit
and use of my daughter Frances E Armstrong to whom on coming
of age or marrying they are to deliver the possession of said
negroes & their increase; & if after marrying She Should have issue
& die before her husband the same disposition is to be made of said
negroes & their increase as herein before directed with regard to my
daughter Asenath & her husband; but should She die without issue
Said property to be thereupon equally divided among my Chil=
dren Anderson Asenath & Thomas Lapslie ~~~~~~
As regards my Son James Armstrong, haveing already gaven[sic]
him, as I consider a Sufficiency I now leave it discretionary with
my son Anderson to make what further provisions
for him he may think proper It is my strong desire however
that my said son Anderson procured[sic] a sufficient tract of
land for the maintenance of my son James & his family & allow
him the free use of it during his natural life, & at his death
divide said tract of land equally among his children
Should any of the negroes hereinbefore bequeathed to my
wife prove ungovernable I allow my Said wife & Executors or
either of said Exrs. here[i]nafter named to Sell Such negro or negroes &
put out the price of the same upon Interest the said price at
her death, to be equally divided among my children Anderson
Asenath, Thomas Lapslie & Frances E. Armstrong and the Interest
to be used for the Support of my said wife
I Constitute & Appoint Anderson Armstrong & Thomas L Armstrong
Executors of this my last will & Testament -- In testimony of all which I
have hereunto set my hand & affixed my seal this 3rd day of March
one thousand eight hundred & thirty five (1835)
Thomas Armstrong (seal)
Signed, sealed, published & declared in [the presence] of us
who ware called on by the Testator to witness his
Signature which we did in presence of him
& of each other
William Clark
Jno Bane
Thos. P. Paul
[Will Book Volume E, page 350]
Orange County May Term 1835
The Execution of the foregoing last Will and Testament of
Thomas Armstrong decd. was duly proved in open Court by the
oath of Thomas P Paul a subscribing witness thereto and ordered
to be recorded At the same time Anderson Armstrong & Thomas
L Armstrong the Executors therein named appeared in open
Court and qualified Accordingly
Test
Additional Comments:
Will Book Volume E, pages 347-350
Recorded May 1835
Estate papers comprise 14 pages and are found in a folder labeled "Armstrong, Thomas (1853)". Some transcriptions found below.
[Estate Papers - Petition to Divide Slaves Nov 1853]
State of North Carolina } County Court
Orange County } Nov. Term 1853
To the Justices of said Court:
The petition of Thomas L. Armstrong, John N.
Clarke admr. of Anderson Armstrong deceased,
Jamse Morrow admr. of Frances E. Morrow decd.
and John N. Clarke admr. of Aseneth Currie
deceased,
Respectfully sheweth unto your worships that
Thomas Armstrong late of Orange County, deceased, by his
last will and testament which was duly proved &
recorded in Orange County Court, left certain ne=
groes to his wife for life an after her death to his two
sons Thomas and Anderson and his two daughter Fran=
ces and Asenath, that Anderson died intestate and your
petitioner John N. Clarke is his administrator; that
["Aseneth" x-out] Frances was married to your petitioner William
Morrow and has died since her father and in
the lifetime of Mrs Armstrong and the said William
Morrow is her administrator, that Aseneth was
married to ______ Currie and died in the life
time of Mrs. Armstrong after the death of her father
and your petitioner John N. Clark is her
administrator.
Your petitioners shew that the said
negroes are about 16 in number and they pray
that commissioners may be appointed to divide
& allot them among your petitioners accor=
ding to law
J.W. Norwood
Atto
[Estate Papers - Division of Slaves Nov 1853]
State of North Carolina } Court of Pleas & quarter
Orange County } Sessions November Term 1853
Thomas L Armstrong & other } Petition to
Exparte } divide Slaves
On motion.. It is ordered by
the Court that O. F. Long Samuel W Hughes Catlet
C Tinnen Stephen Clarke and James W Riley or
any three of them be appointed Commissioners to
divide the Slaves mentioned in the Petition equally
between Thomas L. Armstrong John N Clarke
Administrator of Anderson Armstrong William P
Morrow Administrator of Frances E. Morrow and
John N Clarke Administrator of Aseneth Currie
deceased And to make their Report to the next
Term of this Court
Witness George Laws Clerk
of our said Court at Office
in Hillsborough the 4th Mon=
=day of November AD 1853
Issued 8th December 1853
Geo Laws CCC
[page 2]
Pursuant to the annexed commission we
O.T. Long, Catlett C Tinnen, Stephen Clarke
and James W. Riley did proceed on January
17th 1854 to value and divide the negroes
belonging to the Estate [of] Thomas Armstrong Dec'd.
as follows. viz.
Lot 1 To the Estate of Anderson Armstrong Decd.
Bob aged 17 $1050
Mary " 8' 600
Milly 42 450
____________
$2100
Pays to Lot No 4 9.37 1/2
____________
$2090.62 1/2
============
Lot 2nd To William P. Morrow adr. &c
Franklin aged 14 950
Jane 13 850
Betty 5 400
Julia Senr. 72 0
____________
$2200
Pays to Lot No 4 $6.25
Pays to Lot No 3 $103.12 1/2 109.37 1/2
____________
$2090.62 1/2
============
Lot 3
John N. Clarke adr. of Azenith[sic] Currie
Julia Jr. aged 15 $850
Sam " 44 650
Harry " 54 450
Alley --- 37.50
Receive from Lot 2 103.12 1/2
____________
$2090.62 1/2
over
[page 3]
Lot 4 To Thomas L. Armstrong
Frederick aged 12 $850
Lucinda " 33 650
Frances " 2 250
Martha 9 months 150
Peggy 58 175
Receive from Lot 1 9.37 1/2
Do Lot 2 6.25
____________
$2090.62 1/2
Given under hands seals - the day and
date above written
O. F. Long (seal)
James P Riley (seal)
C. C. Tinnin (seal)
S Clarke (seal)
[Estate Papers - Petition]
State of North Carolina } In Equity
Orange County } March Term 1854
To the Honorable Judge of said Court
The petition of Thomas L. Armstrong, James Arm-
strong,
vs
Children of Aseneth Currie decd, Martha Morrow
and Thomas Morrow of whom the last two are minors
??? by William Morrow their next friend and regular
guardian
Respectfully sheweth unto your Honor that
Thomas Armstrong late of the County of Orange died
many years ago leaving a last will & testament which
was duly executed so as to pass his real estate and was
after his death proved in Orange County Court and
is there now of record, that by said will among
other thing he devised a tract of land lying in
Orange County ["to be" x-out] on the watets of Eno adjoining
the lands of Wm. Clark Jas Clarke Nathan=
iel Bain & others, and containing about 400
acres to his widow for life and at her death to
his son Anderson Armstrong in fee. Mrs. Arm-
strong died a few months ago, and the said Ander-
son Armstrong died intestate in Orange County several
years ago, and by his death his title in remainder
to said lands descended to his heirs at law
namely Thomas L. Armstrong, James Armstrong who
has sold his interest in said land to said Thomas L. his bro=
[page 2]
[??? Is there a page missing? What happened to the rest of the
word on the preceding page?]
and Martha Ann ["Armstrong and then" x-out] Morrow
and Thomas Morrow who are the only children
and heirs at law of his sister Nancy who married Wil=
liam Morrow & is now dead and
The children of Asenath ["Currie" x-out] his sister who
married __[John]____ Currie and is now dead.
Your petitioners shew that the said Tract of
land is nearly all cleared & greatly exhausted
by being cultivated and that it could not be divi=
ded among them without serious injury to their
interests. They therefor pray that the same may be
sold by order of this court and the proceeds of the
sale divided among your petitioners according
to their respective rights therein.
J. W. Norwood
Sol for petitioners
This case coming on to be heard before the
petition and the court being satisfied of the
truth of the matters therein contained, it
is ordered & decreed by the Court that the Clerk
& Master of this Court sell the lands mentioned
in the petition on a credit of twelve months, &
take bond & good security from the purcha=
ser & report to the next term of this court, &
reserve the title till the further order of the
Court ---