Orange County NcArchives Wills.....Palmer, Martin July 26, 1831
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 358-362
Written: July 26, 1831
Recorded: Aug 1835
Testator: Martin Palmer
I Martin Palmer of the County of Orange & State
of North Caroline being of sound & disposing mind & mem=
ory do make & publish this my last will & testament this
the 26th day of July A.D. 1831 Revoking and annulling
all wills heretofore made by me.
1st I direct my executors to pay all my debts as
soon as convenient after my death, out of the sale of my
perishable estate debts due me & moneys on hand, & the sale of
Peter: & after the payment of my debts this fund to be held &
applied as hereinafter directed by my will - but I express-
ly except from the payment of my debts the price of
any of the negroes willed for the benefit of Mrs. Peacock,
2nd After my debts are paid I leave & bequeath one half
of the said fund to William Huntington & Thomas Clancy
for the maintenance & support of my son William Palmer,
when he shall become unable to support himself & this
will keep the principal or so much thereof, as can be
spared from his maintenance at interest & at the death
of my son William the said Trustees will equally di
vide among his children whatever may remain unexpen-
ded of this portion provided for his maintenance and
any of his children be dead leaving lawfull issue such[said?]
issue will stand in the place of & represent the deceas
ed parent in the division To my son William himself
I leave one dollar, as he has been already fully advan-
ced out of my estate.
3rd I likewise leave to the said William Huntington
& Thomas Clancy Trustees, the other half of the fund
to be raised under the first clause of my will, after their
[page 2]
payment of my debts & also negro Ireland, I also give
and devise to them as trustees, the house out houses and
improvements where I now live with ten acres of land
to be laid off by themselves, to have and to hold the said land
outhouses, dwelling house & improvements - & the said money
in trust for the benefit of my son James Palmer & for the
natural life of the said James only: and I will & di
rect that the shall permit the said James to reside
in the said dwelling house & to have the use of the outhouses
& the ten acres of land during his life, with leave to
get fire wood & timber during his life off of any of the
wood land convenient, And the they will use the
money for his maintenance and support according
to their best discretion. But I do hereby expressly and
particularly charge all the property thus left for
the benefit of my said son, with the payment of the debts
due to Alfred Jones, which I direct my executors to pay
out of it, within three months after my decease, And
I will & direct that wha[t]ever shall remain of this fund
unexpended at the death of my said son James, may
be equally divided among his children, And should
any of his children be dead leaving lawful issue then
such issue to represent their parent To my son James
himself I leave one dollar as he had already been ad
vanced by me to the full amount of his share of my
estate
4th To my daughter Mary & her husband Roswell
Huntington, I have already given by way of advance
ment one negro woman named Dilce & her children
[page 3]
I do hereby confirm the gift of the said Dilce & all her
children & descendants to them in full of their share
of my estate
5th To my daughter Sarah and her husband John Ras-
berry, I have heretofore given by way of advancement
one negro woman named Grace & her children: I do here-
by confirm unto them the gift of the said Grace and
all her children & descendants; in full of their share
of my estate
6th To my friend William Huntington & his executor
I give & bequeath the following negroes & their present & fu-
ture increase (viz) Sara now in possession of my
son in law Thomas Clancy negro man Jacob, Patt
Cynthia (the one formerly owen[owned] by Joseph Stubbins) & also
Hannah Grace & Polly her child, bought of Sheriff
Watts, for the sole and separate use of my daughter
Nancy Clancy wife of Thomas Clancy for & during her
natural life, free from the control of her said husband
or any liability for his debts: & the said trustee is hereby
directed to permit my said daughter Nancy, to have
the possession of the said negroes if she desires it; other
wise to hire them out from year to year & pay over the pro-
ceeds to the said Nancy, taking her receipt for the same: And
upon the death of my said daughter Nancy Clancy, I give
& bequeath the said negroes together with their present
& future increase to her children & their descendants
to be divided among them as the said Nancy & her husband
Thomas Clancy if then alive may direct - & if no such di-
rection be given - then to be divided with their said
[page 4]
increase at the death of the said Nancy equally among
her children, & if any of the be dead leaving lawful issue
then such issue to stand in the place of & represent their pa=
rent.
7th I give & bequeath to my friends William Huntington
& Thomas Clancy a negro woman by the name of Milly
together with her present & future increase, Peter excepted,
in trust for the sole & separate use of my daughter
Elizabeth Peacock, wife of Richard Peacock du-
ring her natural life, free from the control of the said
Peacock or liability for his debts: and the said trustees
are directed to permit the said Elizabeth to have the pos-
session of the said negroes - or they shall hire them out or
sell them as they may deem most advisable and pay over
the money for the use of the said Elizabeth, as her necessities
may require, & take a receipt from her for moneys so paid
should I sell any of the said negroes during my life. I leave
the proceeds of such sale to my trustees for the use of my
said daughter Elizabeth as above and upon the death
of my said daughter Elizabeth Peacock, the said Trus-
tees are directed to sell the said Milly & all her descend-
ants & divide the proceeds among the children of the said
Elizabeth if she should leave any - if none then among
all my children & the children of such of them as may be
dead such children ["resemble" x-out] representing their deceased
parents And should the negroes be converted into mo-
ney, the money to be divided in the same manner. But
I expressly exclude my daughter Temperance Faucett and
her husband and John Faucett & their issue from all partici-
[page 5]
pation in the said negroes or their proceeds.
8th To my daughter Agnes & her husband Henry G. Parish
I give & bequeath the following negroes (towit) Dennis,
Lewis Eliza and their mother Sylvia & the present & fu-
ture increase of Sylvia. I also give devise and bequeath
to my daughter Agnes & her husband Henry G. Parish
the south side of the plantation whereon I now live (sub-
ject to the divise of a part thereof already made to Wm.
Huntington & Thomas Clancy during the life of my son
James Palmer beginning at a black oak tree on Stubbs
line, running so as to include the dwelling house and Barn
agreeably to a dividing line which has been run and
marked by Colo Hugh Mulhollan between my daughters
Agnes & Temperance, containing about one hundred and
forty acres. To have hold use and enjoy the said tract
of land (subject to the devise aforesaid) & negro slaves
herein before mentioned, to her the said Agnes & her hus-
band the said Henry G. Parish, bequeathed and
devised to them, for and during the term of their na-
tural lives, & at the death of the surviving one of them
the said land & negroes & their present & future increase
(which the said Agnes & her husband hold during
their lives & the life of the surviving one of them) shall
be equeally divided among their children if any there
be, the children of such of them as may be dead represen-
ting their deceased parent; but in the event of their being
no child or children then surviving of the body of the
said Agnes, then my will & desire is, that the land
and negroes herein devised and bequeathed to my
[page 6]
said daughter Agnes & her husband Henry G. Parish be
equally divided among all my children their heirs & repre-
sentatives, except my daughter Temperance & her husband
John Faucett & their heirs & representations.
9th I give & bequeath to William Huntington & Thomas
Clancy & the executor of the survivor, the north side
of the plantation whereon I now live, agreeably to the
dividing line before mentioned run by Col. Mulhollan
between my daughters Agnes & Temperance & Contain-
ing by estimation one hundred & seventy nine acres (subject
to the bequest in favor of my son James Palmer) together with
the following negroes Sam, Clem, Cynthia & Franky
& child Caroline with their present & future increase the
said property both real and personal I give to the said
Thomas Clancy & William Huntington & the survivor & the
executor of the survivor ["for th" x-out] in trust for the sole use[?]
& benefit of my daughter Temperance Faucett wife of
John Faucett, during the term of her natural life -
free from any control of her said husband or any
liability for his debts And the said Trustees are directed
to hire out the said plantation & negroes from year to year
& pay over to the said Temperance Faucett so much of the
proceeds as they may think proper taking her receipt for
the same And after the death of the said Temperance I give
& bequeath the said lands & negroes to the children of the said
Temperance equally to be divided among them & if any
of them should be then dead leaving issue lawfully be-
gotten, such issue to stand in the place of their parent
But if the said Temperance should die without leaving
[page 7]
any children or the issue of such, lawfully begotten
then & in that case I give the said land & negroes to the
rest of my children equally to be divided among them.
It is further my will & pleasure that upon the death
of my said daughter Temperance, leaving children
or the issue of such as before described, if any of the
said children be under age, that the said trustees
continue to hire out the said lands and negroes for
the benefit of said Children until the youngest comes
of age or marries when the division is to be made
10th And to prevent any of my children from coming to
absolute want, not withstanding the provisions herein
made for them I leave negro boy Jim to my execu-
tor ["& such other prop" x-out] to be hired out by them from year
to year or sold at their discretion & the proceeds
to be applied to the most needy of my children by my
executors as they may think best: & I direct my
executors to bring suit for Julia one of the negroes be-
queathed for the benefit of Elizabeth Peacock
I appoint Thomas Clancy & William Hunting-
ton Executors of this my last Will & testament
Signed sealed published & declared by the said Mar-
tin Palmer in presence of
J. W. Norwood } Martin Palmer (seal)
James Faucett }
Tho. Clancy qualifd as Exr
[Will Book Volume E, page 358]
I Martin Palmer of the County of Orange
and State of North Caroline being of sound & dispos
=ing mind & memory do make & published this my last will
and Testament this the 26th day of July AD 1831 Revoke
=ing and annulling all wills heretofore Made by me. -----
1st I direct my Executors to pay all my debts as soon as conv-
=enient after my death out of the sale of my perishable ["property" x-out]
estate debts due me & moneys on hand & the Sale of Peter & after the
payment of my debts this fund to be held & applied as here[in]after
directed by my will but I expressly except from the payment
of my debts the price of any of the negroes willed for the
benefit of Mrs. Peacock 2nd After my debts are
paid I leave & bequeath one half of the said fund to William
Huntington & Thomas Clancy for the maintenance & Support
of my Son William Palmer when he shall become unable to
Support himself & they will keep the principal or so much
there of as can be spared from his maintenance at interest
& at the death of my son William the said Trustees will equally
divide among his children whatever may remain unexpended
of this ["property" x-out] portion provided for his maintenance And
any of his children be dead leaving lawfull issue said issue
will Stand in the place of & represent the deceased parent
in the division To my Son William himself I leave One dollar
as he has been already fully advanced out of my estate.
3rd I likewise leave to the said William Huntington & Thomas
Clancy Trustees, the other half of the fund to be raised
under the first clause of my will after their payment of
my debts & also negro Ireland, I also give and devise to them
as trustees the house out houses and improvements where I
now live with ten acres of land to be laid off by themselves to
have [and] to hold the said Land out houses, dwelling house & improve
=ments & the said money in trust for the benefit of my son James Palmer
& for the natural life of the said James only and I will & direct
that the shall permit the said James to reside in the said dwelling
house & to have the use of the out houses & [orig: the] ten acres of land during
[Will Book Volume E, page 359]
his life with [orig: leave] to get fire wood & timber during his life off of any of the
wood land convenient And the they will use the money for his
maintenance and support according to the best discretion But
I do hereby expressly and particularly charge all the property thus
left for the benefit of my said son, with the payment of the debts
due to Alfred Jones which I direct my Executors to pay out
of it within three months after my decease And I will & direct
that whatever shall remain of this fund unexpended at the death
of my said son James, may be equally divided among his children &
Should any of his Children be dead leaving lawful issue then such issue
to represent their parent To my son James himself I leave One
dollar as he had already been advance[d] by me to the full amount
of his share of my estate 4th To my daughter Mary & her
husband Roswell Huntington I have already given by way of
advancement one negro woman named Dilce & her children
I do hereby confirm the gift of the Said Dilce & all her Children
& descendants to them in full of their share of my estate 5th To
my daughter Sarah and her husband John Rasberry, I have heretofore
given by way of advancement one negro woman named Grace &
&[sic] her children: I do her[e]by confirm unto them the gift of the said Grace
and all her Children & descendants in full of their Share of my estate
6th To my friend William Huntington & his executors I give and
bequeath the following negroes & their present ["issue" x-out] & future increase
(viz) Sara now in possession of my Son in Law Thomas Clancy
negro man Jacob Patt Cynthia [orig: Cynthia] (the one formerly own by Joseph
Stubbens) & also Hannah Grace & Polly her child, bought of
Sheriff Watts, for the sole and separate use of my daughter Nancy
Clancy wife of Thomas Clancy for & during her natural life
free from the Control of her said husband or any liability
for his debts & the said trustee is hereby directed to permit my
Said daughter Nancy, to have the possession of the said negroes if
she desires it otherwise to hire them out from year to year & pay
over the proceeds to the said Nancy, taking her receipt for the same
and upon the death of my said daughter Nancy Clancy, I give
and bequeath the Said negroes together with their present and
future increase to her Children & their descendants to be divided among
them as the said Nancy & her husband Thomas Clancy if then alive
May direct & if no such direction be given then to be divided with their
said increase at the death of the said Nancy equeally among her
Children, & if any of the be dead leaving lawful issue then such issue
to stand in the place of & represent their parent 7th I give & bequeath
to my friends William Huntington & Thomas Clancy a negro woman
by the name of Milly together with her present & future increase Peter
excepted in trust for the sole & separate use of my daughter Elizabeth
Peacock, wife of Richard Peacock during her natural life free
from the Control of the said Peacock or liability for his debts and
[Will Book Volume E, page 360]
the Said trustees are directed to permit the Said Elizabeth
to have the possession of the said negroes or they Shall hire them
out or Sell them as they may deem most advisable and pay
over the money for the use of the said Elizabeth as her necessities
may require, & take a receipt from her for moneys so paid should
I Sell any of the Said negroes during my life I leave the
proceeds of such sale to my trustees for the use of my said
daughter Elizabeth as above And upon the death of my said
daughter Elizabeth Peacock the said Trustees are directed to
Sell the Said Milly & all her descendants & divide the proceeds
among the children of the said Elizabeth if She Should
leave any if none then among all my children & the Children of
Such of them as may be dead Such Children representing their
decease[d] parents And should the negroes be converted into money
the money to be divided in the same manner But I expressly
exclude my daughter Temperance Faucett and her Husband [and]
John Faucett & their issue from all participation in the
said negroes or their proceeds 8th To my daughter Agnes
& her husband Henry G. Parish I give & bequeath the
following negroes (towit) Dennis Lewis Eliza and their
mother Sylvia & the present & future increase of Sylv[i]a
I also give devise and bequeath to my daughter Agnes & her
husband Henry G. Parish the south side of the plantation
whereon I now live (subject to the devise of a part thereof
already made to William Huntington & Thomas Clancy during
the life of my son James Palmer beginning at a black oak tree on
Stubbs line running so as to include the dwelling house and
Barn agreeably to a dividing line which has been run and
marked by Colo. Hugh Mulhollan between my daughters Agnes
& Temperance containing about one Hundred and forty acres.
To have hold use and enjoy the said tract of land (subject
to the devise aforesaid) & negro slaves herein before mentioned
to her the said Agnes & her Husband the said Henry G. Parish
bequeathed and devised to them, for and during the term of
their natural lives & at the death of the surviving one of them
the said land & negroes & their present & future increase (which
the said Agnes & her husband hold during their lives & the life
of the surviving one of them) shall be equeally divided among their
Children if any there be, the children of such of them as may be dead
representing their decease[d] parent but in the event of their being no
Child or Children then surviving of the body of the said Agnes
then my will & desire is that the land and negroes herein
[Will Book Volume E, page 361]
devised and bequeathed to my said daughter Agnes & her Husband
Henry G. Parish be equally divided among all my Children their
heirs & representatives except my daughter Temperance & her husband
John Faucett & their heirs & representations. 9th I give and
bequeath to William Huntington & Thomas Clancy & the executor
of the ["Surviving" x-out] Survivor the north side of the plantation whereon
I now live, agreeably to the dividing line before mentioned run by
Col. Mulholland[sic] between my daughters Agnes & Temperance &
Containing by estimation One Hundred & Seventy nine Acres (Subject
to the bequest in favour of my son James Palmer) together with
the following negroes Sam, Clem, Cynthia & Franky & child Caroline
with their present & future increase, The said property both real
and personal I give to the said Thomas Clancy & William Huntington
& the Survivor & the executor of the Survivor in trust for the Sole
and[sic] & benefit of my daughter Temperance Faucett wife of John
Faucett during the term of her natural life free from any
Control of her said husband or any liability for his debts and
the said Trustees are directed to hire out the said plantation
and negroes from Year to Year & pay over to the said Temperance
Faucett so much of the proceeds as they may think proper
taking her receipt for the same And after the death of the said
Temperance I give & bequeath the said lands & negroes to the children
of the said Temperance equally to be divided Among them & if any
of them should be then dead leaving issue lawfully begotten such
issue to stand in the place of their parent But if the said Temperance
should die without leaving any Children or the issue of such lawfully
begotten then & in that Case I give the said land & negroes to the rest of
my Children equally to be divided among them. It is further my
will & pleasure that upon the death of my said daughter Temperance
leaving Children or the issue of such as before described if any of the
said Children be under age that the said trustees continue to hire out
the said lands and negroes for the benefit of said Children until
the Youngest comes of Age or marries when the division is to be made
10th And to prevent any of my children from Coming to absolute
want, not withstanding the provisions herein made for them I leave
Negro boy Jim to my Executors to be hired out by them from
Year to Year or sold at their discretion & the proceeds to be applied
to the most needy of ["them" x-out] my Children by my Executors as they
may think best: & I ["desire" x-out] direct my Executors ["as the may ..."x-out]
to bring suit for Julia one of the negroes bequeathed for the benefit
of Elizabeth Peacock I appoint Thomas Clancy & William
Huntington Executors of this my last Will & Testament
Signed sealed published & declared by the said Martin Palmer
in presence of
J. W. Norwood Martin Palmer (seal)
James Faucett
Orange County May Term 1835
The Execution of this will was duly proved in open Court by
the oath of John W. Norwood & James Faucett the subscribing
[Will Book Volume E, page 362]
Witnesses thereto & ordered to be recorded At the same time
Thomas Clancy one of the Executors therein named appeared
& qualified accordingly and William Huntington the other
Executor named therein appeared & renounced his right to
qualification as Executor & refused to Accept the right
& Interest devised & bequeathed to him as Trustee or otherwise
I hereby renounce all rights & Interest
Additional Comments:
Will Book Volume E, pages 358-362
Recorded Aug 1835
Estate Papers comprise 111 pages and are found in a folder labeled "Palmer, Martin (1832)". Testator died 31 Oct 1832. Thomas Clancy died in the year 1844. Nancy Clancy died 16 May 1847.
Elizabeth Clancy, daughter of Nancy Clancy, married Charles N. B. Evans, Sally Clancy married Levi W. Young
Jane Clancy, daughter of Nancy Clancy, died unmarried
Mary Clancy, daughter of Nancy Clancy married James R. Callum
Thomas C. Young, resident of Texas, in 1833, represented by a Guardian because he was a minor, son of Levi and Elizabeth Young.
[Estate Papers - Inventory (not dated)]
An Inventory of the Personal property of Martin
Palmer which has come to the hands of John
Freeland the Admr pendente Lite
Three negroes Mille & her two children
Ann & Charlott - which are now in the custo
-dy & care of Richard Peacock her having given
bond & security for their fourthcoming[sic]
Certain other negroes in the custody & care of
Thos. Clancy for whose forthcoming he has given
bond & security towit - Jacob, Grace, Hannah
Cynthia, Sarah, Patsy & Polly -
And the following in the hand of Henry G. Par
-rish towit Sylvia, Dennis, Eliza, Alsey, Joe, Sam
& Allen --
John J. Freeland Admdr
[Estate Papers - Petition of Lemuel Llynch Spring 1833]
State of North Carolina } Court of Equity
Orange County } Spring Term 1833
To the Honorable The Judge of said
Court:-
The petition of Lemuel Llynch ~~
Against
Charles N. B. Evans & his wife Elizabeth &
Thomas C. Young by his Guardian James R. Callum
Respectfully sheweth
unto your Honor That sometime in the year 1832
one Martin Palmer died in Orange County
leaving a large estate ["of" x-out] both real and
personal ["estate" x-out] which he disposed of by a
last will and testament which was admitted
to probate at May Term 1835 of Orange
County Court in That Nancy Clancy the
wife of the late Thomas Clancy of Orange County
was one of the children and legatees of the said
Martin Palmer ~~ That in his said last will and
testament, he devised and bequeathed certain
property both real and personal to Trustees for
the benefit of his said daughter Nancy Clancy
for and during her natural life, and then to
such children as she might have ~~ That
during the life time of the said Nancy Clancy
a portion of this propriety was sold with the
consent of all interested, and the proceeds in=
=vested in a house and lot in the Town of
Hillsboro', where the family resided until the
death of Mrs Clancy in the year 1847 -- 16th May
Your petitioner further shows to you honor that
the said Nancy Clancy had four children who took
said property under the will of their Grand-father
the said Martin Palmer they & their representatives after the termination of the
[page 2]
life estate vested in Their Mother the said Nancy
Clancy - Two of whom are represented by your
Petitioner, viz: Jane Clancy who died unmarried without children
and Mary Clancy who intermarried with James
R. Callum, and who have executed proper and
sufficient deeds to your Petitioner for their interests
in said house and lot: as will more fully appear
by reference to said deeds, which Petitioner has
ready to produce for the inspection of this Honr. Court,
& copies of which he prays may be taken as a
part of this petition ~~ and the defendants
Elizabeth Clancy who intermarried with the Deft.
Charles N. B. Evans, and Sally who intermarried
with Levi W. Young both of whom viz Sally & L.W. Young are dead,
leaving but one child, The defendant Thomas C.
Young, who is a non resident, and an inhabitant
of the State of Texas whose guardian James R. Callum is a party
to this suit ~~ And your Petitioner further shows
your Honor, That he desires to have partition of
said house and lot, situated in the Town of
Hillsboro' on King Street, & known in the plot of
said Town as lot Nobr 23 & 24 & containing one acre
more or less; but that actual partition of said Land
cannot be made, without serious injury to the
parties ~~~ To the end therefore, That the said
defendants may answer the premises That said
land may, by a decree of your Honor, be sold
on such terms as your Honor shall deem just
and reasonable and that the proceeds of said
sale may be divided among the petitioner, and the
said defendants, according to their respective in=
=terests in said Land, and may be paid to
or secured to them respectively, according to
law, and the course of this Court ~~~
[page 3]
May it please your Honor to grant unto
your Petitioner the State's Writ of Subpoena to the
said Charles N. B. Evans & his wife Elizabeth to be
directed, commanding them to appear and answer &c,
And to order publication to be made as to the
said Thomas C. Young & his said Guardian J. R. Callum, who resides beyond the limits
of this State, notifying them of the filing of this
petition, and directing them to appear and answer &c
And your Petitioner, as in duty bound, will ever pray &c
Henry K. Nash
Sol: for Ptr.
[remainder of administrivia omitted]
[Estate Papers - Deposition of William Palmer 30 Jun 1834]
The State of Alabama }
Perry County } Be it remembered that
on this thirtieth day of June in the year of our Lord
eighteen hundred and thirty four, we the under-
signed Justices of the Peace in & for the County and
State aforesaid and as commissioners in pur-
suance of a certain commission to us direct-
ed from the Superior Court of law in Or-
ange County State of North Carolina,
have at the time stated in said Commission, as
aforesaid, at the Court house in said County of
Perry summoned and caused to come before
us William Palmer the witness named in said
Commission and in the case in which Martin
Palmer executor[sic] is plaintiff & John A Faucett
is defendant depending in said Superior
Court of Law &c And John Newman
having been sworn by us in due form of
law say on his oath that he did deliver
To Thomas Clancy (Martin Palmer's Executor) in said
case a copy of the included notice on the 18th day of
April A.D. 1834 of the time & place &c of taking
this deposition and as is endorse on said
notice: and the said witness William A[?] Palm-
-er being by us duly sworn according to
law on this oath deposes as follows
Question first by the plaintiff to William
Palmer - Do you know the parties to the suit
above stated?
Answer I do.
2 Did you or [did you] not live with Martin Palmer
previous to his death of so state about what
time?
Answer to Question 2nd I lived with my Grand Father Martin
Palmer about twelve month commencing in 1830 and end=
ing in 1831 and ceased to live with him about four
[page 2]
or five months previous to his death
Question 3rd Were you ["or" erased] not frequently in company
with your Grand Father and how long before you
lived with him & how often afterwards?
Answer to Question 3rd I was very frequently with my Grand
father both before and after I lived with him and I
believe I was as intimate with him as any other person
was or could have been.
Question 4th Will you please to state what was the
Condition of Your Grandfather Martin Palmer's
mind during the two years previous to his
death?
Answer to Question 4th For the last eighteen months or two years previous
to his death his mind was very weak and I considered
and believe that he had not - a disposing mind nor
was he qualified to transact his own Business that -
during the time I lived with him he frequently would
not know me and would call me by another name
and that - during this time he would frequently not
know his nearest - neighbors. And that - once in particu=
lar a near neighbor of his by the name of John Christ=
mas came over to procure some seed corn and that
my grand father did not know him but that after
Christmas had gone away from Gran father inquired
of my if he was not Daniel Cloud who was also
another near neighbor of his
Question 5th Do you or not know of your Grand
-Father Palmer's having made several wills
previous to his death; if yea state how
many - If he made any state how long
before his death it was that he made
his last?
Answer the Question 5th I have heard that he had made several
Wills before I went to live with him but I do not know
of my own knowledge that such was the fact; he made
the Will which had since his death been recorded as his
[page 3]
last Will and testament whilst - I lived with him and
about three or four months after I commenced with
him.
Question 6th At What time did the circumstance
which you relate about your Grand-Father's
not know John Christmas from Daniel
Cloud occur was it before or after the
last will of which you also speak was
made?
Answer to Question 6th The circumstance above related took
place a very short-time before the execution of the
last Will and Testament. And further this de=
fendant saith not
William Palmer
[remainder of administrivia omitted]
[Estate Papers - Deed 27 Sep 1838]
In the suit of Thomas Clancy & wife & others
in Orange Court of Equity for September Term 1838
it was decreed by the Court that William Huntington
the defendant should make to James M. Palmer
a conveyance for the House and Lot mentioned in
the pleadings, and for all the negroes bequeathed
to the said Huntington as trustee in and by the will
of Martin Palmer decd. late of County
of Orange, upon the same trusts as are mentioned
in said will: The said House and Lot having been
purchased by Mrs. Nancy Clancy one of the com-
plainants, and paid for in a great measure out
of the proceeds of the price of a negro by the name
of Jacob who was left with the other negroes
hereinafter named by the said Martin Palmer
to the said Huntington in trust for the sole benefit
of Mrs. Nancy Clancy &c &c
Now therefore this Indenture name
this 27th day of September 1838 between
William Huntington of the first part and
James M. Palmer Trustee &c of the second
part: Witnesseth: that for and in consideration
of the premises, and of one dollar to the said
Huntington by the said Palmer in hand being
(the receipt whereof is hereby acknowledged) he
[page 2]
the said William Huntington hath, and by these
present he doth bargain sell alien and deliver
to the said James M. Palmer his heirs and assigns, exec=
utors and administrator a part of Lot of Land
known in the plan of the Town of Hillsboro' as Lot
Number (23) twenty three and a part of Lot
of Land adjoining Known also in plan of said Town
as Lot Number (24) twenty four, both parcels
containing two thirds of an ??? in the whole
together with all the improvements thereon, or ap=
purtenances thereunto belonging, and also the follow=
ing negro slaves, viz, Sarah & her child Bella, Patt
Cynthia, Hannah, Grace, and Polly child of Grace
together with all heir future increase: To Have &
to Hold the said lots of land (which lie in the Town of
Hillsboro', bounded in the south by King Street on
the west by the Lots of the Free Masons and Wm James
S. Smith on the North by the lots of W. Anderson
and Geo. W. Benjamin (lately owned by Mrs Mary
R. Anderson) and East by the lot of Josiah Turner;)
and the said negroes upon the same trusts upon
which the said negroes were bequeathed to the said
Huntington in and by the said Will of Martin
Palmer decd. viz, for the sole and separate
use of Mrs. Nancy Clancy, wife of Thomas Clancy
Exer of Hillsborough, for and during her natural
[page 3]
life free from the control of her said husband or
of any liability for his debts, and the said James
M. Palmer Trustee is hereby directed to permit the
said Mrs. Nancy Clancy to have the possession of
the said negroes if she desires it; otherwise to hire
them out from year to year and pay over the
proceeds to Mrs. Clancy taking her receipt for
the same; and upon the death of Mrs. Clancy he
will deliver over the said negroes and their increase
to such person or persons as may be lawfully
entitled to them, under and by the will of said
Martin Palmer and for the better understanding
of these presents, and or a more accurate descrip=
tion of the trusts mentioned in said will, reference
is hereby made to it, which is of record in the office
of the County Court Clerk for Orange County.
In Witness of all of which the said
William Huntington hath hereunto set his hand
& seal (by his Attorney J. W. Norwood, whose authority
is duly proved & registered) this 27th day of Septem-
ber 1838
William Huntington (Seal)
Test: By J.W. Norwood
James Webb
[Estate Papers - Petition Sep 1845]
North Carolina } In Equity
Orange County } September Term A.D. 1845
To the Honorable The Judge
of said Court The Petition of Temperance Faucette
Joseph Woodrough & wife Lucinda, _____ Collins & Wife
Priscilla Henry Faucette a minor under the age of
twenty one years who sues by his Guardian Dr Jas. Webb,
and James M. Palmer, administrator of Thomas Clancey,
decd. - Humbly sheweth that your petitioner Temperance
is the daughter, and your petitioners Lucinda, Priscilla
& Henry her children are the grandchildren of one Martin Palmer
late of the County of Orange - that said Palmer departed
this life on the 31st day of October A.D. 1832, after having
made and published a last will and testament, duly
executed to pass both real and personal estate, and in
which instrument Thomas Clancey and William Huntington
were constituted and appointed executors - And at _____
Term A.D. 183__ of Orange County Court they were duly
qualified and took upon themselves the office of Exec=
=utors of said last will and testament - That the Testator
Martin Palmer by his said last Will, duly executed &
proved as aforesaid devised and bequeathed certain
real and personal property to Thomas Clancey and
William Huntington, Executors as abovementioned, as
Trustees or in trust for the sole and separate use & benefit
of his daughter, your Petitioner Temperance during the
term of her natural life, free from the control of her
husband John A. Faucette, or any liability for his debts,
then or afterward to be contracted, and at her death to
her children, as will more fully and at large appear
by reference to the will of the said Palmer, a copy of which
is annexed to this petition as a part thereof - Your Petitioners
further show to hour Honor that the property bequeathed &
devised as aforesaid is as follows, to wit: A tract of land
lying in the County of Orange containing One Hundred
[page 2]
and seventy nine Acres; together with the following negro
slaves, Sam Clem Cynthia & Franky and child Carolina,
with their increase - That William Huntington one of the
Trustees as named in the will refused to take upon him=
=self the office of Trustee, and shortly thereafter removed,
and still continues to reside beyond the limits of the
State; Thomas Thomas Clancey the other Trustee named in the
Will, took possession of the property by the consent of the
Executors, and continued to hold it for the sole purposes
of the trust created by the Will of the said Palmer, until the
year 18__ when he died intestate & without having appointed
an executor -- that at _____ Term A.D. 18 ___ of Orange County
Court letters of Administration upon his estate were
granted to your Petitioner James M. Palmer, but the authority
given him by his appointment as Administrator upon the
estate of his intestate does not, as it is believed by all your
Petitioners, authorize him to manage, or in any manner
interfere with the trust fund in the hands of his intestate
Your Petitioners therefore, further show to your Honor, that in
consequence of the death of the Trustee Thomas Clancey intes=
=tate, there is no one authorized to take charge of and
manage the above-enumerated property in accordance
with the requirements of the will of Martin Palmer; they
therefore pray this Honorable Court that the necessary order or decree
may be made constituting & appointing some discreet & suitable
person Trustee to take charge of & hold said property for the uses & pur=
=poses mentioned in the 9th clause of said will, & for no other; & that
this Honorable Court may grant them such other & further relief
as may seem meet & proper - And as in duty bound your
Petitioners will ever pray &c
H. K. Nash - Sol: for Ptrs
[Estate Papers - Bill of Complaint Sep 1847]
State of North Carolina } In Equity
Orange County } To Sept Term 1847
To the Honorable the Judge of the Court of Equity
for Orange:
The Bill of Complaint of Charles N. B.
Evans & his wife Elizabeth, James R. Callum and
his wife Mary and Thomas C. Young who is a
minor under the age of twenty one years and sues
in this behalf by his next friend Henry Whitted:
Against
William Nelson &
James M Palmer
Humbly complaining sheweth unto your Honor
the complainants Evans & wife & Callum and
wife of the County of Caswell and Thomas C. Young
of the State of Texas; That Martin Palmer
late of the County of Orange died in the year
A.D. _____ leaving a last will and testament
in writing duly executed with proper formalities
to pass both his real and personal estate, which
will after his death was duly proved in Orange
County Court of Pleas and Quarter Sessions
and is now of record in said Court, in and by
which said will among other things the said testator
devised & bequeathed as follows, viz, "To my friend
William Huntington and his executors I give and
bequeath the following negroes and their present and
future increase, viz, Sarah, now in the possession
of my son in law Thomas Clancy, negro man
Jacob, Patt, Cynthia (the one formerly owned by
Joseph Stubbins) and also Hannah Grace and
Polly her child bought of Sheriff Watts, for the
sole & separate use of my daughters Nancy Clancy
wife of Thomas Clancy for and during her natural
life free from the control of her said husband or
[page 2]
any liability for his debts; and the said trustee is
["permitted" x-out] hereby directed to permit my said
daughter Nancy to have the possession of the said
negroes if she desires it, otherwise to hire them
out from year to year and pay over the proceeds
to the said Nancy, taking her receipt for the same
and upon the death of my said daughters Nancy
Clancy I give and bequeath the said negroes
together with their present and future increase
to her children and their descendants to be divi=
ded among them as the said Nancy and her hus=
band Thomas Clancy if then alive may direct and
if no such direction be given, then to be divided
with their said increase at the death of the said
Nancy Equally among her children, and if any
of them be dead leaving lawful issue, then
such issue to stand in the place & represent
their parent." The said negroes after the death of
the testator Martin Palmer were allowed to remain
in the possession of the said Nancy Clancy who sold
one or more of them and vested the proceeds or a part
thereof in the purchase from said William Huntington of some real estate in the
Town of Hillsborough consisting of a part of lot
Nos 23 and 24 with the improvements therein, &
the said Huntington having removed from the State
of North Carolina and having declined to act as one
of the executors of said Martin Palmer or to accept
the trusts vested in him as aforesaid, a bill in Equi=
ty was filed by the said Thomas Clancy and his wife
Nancy and all their children against said Wil=
liam Huntington in the Court of Equity for Orange
County praying that the purchase of said property
Court to convey the said House & lot and all the
negroes which had been bequeath to him in trusts
[page 3]
as aforesaid to some other trustee to be appointed
by said Court, to be held by the new trustee upon the
same trusts as where declared & appointed by the said
will of Martin Palmer deceased; and such proceed=
ing were had in the said cause that at the Septem=
ber Term for year 1839 of said Court decree was
made accordingly, and the defendant James M. Palm=
er was by the said Court appointed a trustee for the
purposes aforesaid in the place of the said Huntington
and by decree bearing date the 27th day of September
1838 the said Huntington did convey the said negroes
& the said real estate to said Palmer upon the same
trusts and limitations as are mentioned and de=
clared in the said will of Martin Palmer deceased.
(++)
Copies of which said Will deed and suit in Equi=[ty?]
are in the possession of the complainants, are referred
to by them for greater Certainty, and will be
produced to the Court whenever required
The Complainants further shew that the said
Thomas Clancy died in the year 1844 and the said
Nancy Clancy in ["year 184" x-out] the spring of the present
year and that no direction was every given by them
or either during their lives or by any will or other ap=
pointments to operate after their death of the mode
by which the property held under the said clause
of Martin Palmer's will should be divided among the
Children ["and" x-out] of said Nancy Clancy & their de=
scendants, so that by the said will the said proper=
ty both real and personal as the complainants are
advised passes to the children of said Nancy Clan=
cy and their descendants to be equally divided
between them : And the complainants shew
that the said Nancy Clancy at her death left
surviving her only two children Elizabeth the wife
of the Complainant C N. B. Evans, and Mary
the wife of James R. Callum, and one grand
child, the Complainant Thomas Young the only
child of Levi Young who married Sarah another
daughter of said Nancy Clancy who died
in the life time of her mother.
[page 4]
The Complainant further shew unto your Honor
that in the year 1845 Jane Clancy
another daughter of Nancy Clancy who died before her Mother became indebted
to the Bank of Cape Fear at Hillsborough by note for
the sum of $150 which note was signed by James M.
Palmer trustee of Nancy Clancy & by others as sureties
by said James; that a judgment was obtained at
May Term 1845 ["aforesaid" x-out] of Orange County Court
upon said Note against James M Palmer Trustee
of Nancy Clancy and Lemuel Lynch being both
sureties for said Jane on the note & being the only
parties who had been served with process and
had appeared to said suit; that and[sic] execution
issued upon said Judgment in which said Palmer
was styled "Trustee of Nancy Clancy" The same
was levied upon the House & lots aforesaid in
the Town of Hillsborough and were sold by
the sheriff of Orange County on said execution at
August Court 1846 when the defendant William
Nelson became the purchaser of the same and
entered upon the possession thereof.
The Complaints further shew unto your
Honor that as the defendant Palmer had signed
said note strictly and technically as trustee of
Nancy Clancy but her request, it was supposed
by her and by the complainants that her interest
in the said property and that only had passed
to said Nelson by virtue of said sale; and the
complainants were advised upon the death of the
said Nancy Clancy that the title of said Nelson
was then at an end that said property became
theirs by virtue of the will of Martin Palmer decd.
conformity to said will & the decree of the Court aforesaid
and acting upon this view of their right they
have since the death of Mrs Clancy called upon
the said Nelson & requested him to deliver to them
[page 5]
the said property, but now so it is may it please
you Honor the said Nelson utterly refuses to do so claims
to be the absolute owner in fee simple of said lots
by virtue of his said purchase freed from the trusts
settled upon it and of all right or interest of the
complainants or any of them to the same - And they
have also called upon the said Palmer to convey to them
the said property as by his duty as trustee he was
bound to do, but the said Palmer asserts that as
the said Nelson is in the actual possession of said property
claiming the same as his own and adversely to the
said Palmer, that no deed from him would
be of any avail to the complainants; which pre=
tence on the part of said Nelson is most iniquitous
and unjust for he well knew and had notice in
what manner the said property was held by said
Palmer & that the same was held by him only as trustee
and the Nancy Clancy had only a live interest
therein during her own life and that the complaint=
ants her children & grandchild ["had the" x-out] were en=
titled to the remainder therein in fee simple or
in some other manner: All of which actings and
doings of said Nelson are contrary to Equity & good
conscience &c To the end therefore that the said
William Nelson may by a decree of this court be
declared a trustee for the benefit of the Complainants
of said Lots and houses, & that He and said Palmer
may be decreed to convey the same and also such
other property as may be held by said Palmer as tru=
tee aforesaid to the complainants, that an account
may be taken of the profits of the said Houses and
lots since the death of Nancy Clancy and that
[page 6]
such other and further relief may be granted
unto them as to your Honor may seem meet: And
that the said Nelson & Palmer may upon their cor=
poral oaths full true and perfect answer make
to all the allegations contained in this bill in the
same manner as if they were repeated by inter=
rogatories, particularly that the said Nelson
may truly and particularly answer all that he
knew had heard at any time thought or suspected
with regard to the interest of the children of said Nancy
Clancy in the said House & Lots, whether he had
ever supposed that they had any interest and what
that interest was, and when he first became ac=
quainted with it or had any information or
notice thereof and whether he supposed at the sale
that he was purchasing any thing more than the life
interest of Nancy Clancy in said property:
May it please you Honor to grant unto your
orators & oratrixes the State's Writ of Subpoena
to be directed to said Nelson and Palmer com-
manding them to appear at the next term
of the Court of Equity to be held for Orange County
in Hillsborough on the 2nd Monday of September
Next then & there to answer &c & perform such
decree as may be made in the premises.
And as in duty bound they will every pray &c
J. W. Norwood Sol
for Complainants
[The clause after the (++) appeared at the end of this bill, intended be to inserted here]