Will of Thomas W Holden - 27 Jul 1852 Handwritten Copy of this Will, on file in Raleigh, NC Archives CR 073.801 Original copy of this will is in Halifax County, Virginia. This copy was sent to Orange County, North Carolina because a portion of the estate was located there. In the name of God Amen I Thos W Holden of County of Halifax and State of Virginia being in sound mind and memory do make and ordain this my last will and testament Item the first I give and bequeath unto my wife Sarah Holden the homestead whereon I now live Containing 110 acres land with all the advantages of House &c &c during her lifetime But if she may wish to live elsewhere my executors will sell the land with all the advantages thereunto appertaining on a suitable credit after a due Notice of the same at least Twenty days and take one Thousand Dols. of the sale of the land and lay it out with her consent to the best advantage for a homestead for herself and family & if she desires Instead of a Homestead being Purchased for her self and family she will have a choice of Investing the thousand dollars at lawful interest for the benefit of herself and Children during her lifetime and that the interest be paid over to her annually for herself Children and negroes I also give her all my household and Kitchen furniture Except the Piano together with all the crop on hand of corn fodder oats wheat &c &c also all the Pork or Bacon or beef on hand with the wagon two horses Cattle & Hogs with the barouche Harness &c to the use of herself and children to assist in raising and and[sic] Schooling them and to be possessed by her with care during her life and if she should decease before Lucian Rebecca or Margarett obtain an education Such as Marys or Addisons then a Sufficiency is to be retained in the hands of their guardians or my Executors A Sufficiency and no more So as to meet my Views were I alive So that the Young children have the Same advantage of the Estate the other Children have had as Respects their education The residue of my estate is to be Kept in good bonds and the interest paid [page 2] over annually to my wife for the purpose of maintaining & Schooling of the Children and the support of herself and fam ily and if there shall be more interest than is necessary with the work or hire of the negroes then put the surplus to interest for the benefit of the estate . If She does marry her husband must enter into bond and security for the Safe keeping of of[sic] the property Committed to her care and the proceeds of interest to be applied to its legitimate use as directed : If my wife shall decease before our Younge =st Child Margret shall arrive to the age of Eighteen the Estate to be divided between the Children. But if she lives until that time the one third part of the proceeds of the Estate to be retained by her during her lifetime the other two thirds of the Estate to be divided out to the children who may claim the negroes, King Jack Sally and her children to remain to her benefit during her life as will Show of record in Orange County Court My daughter Mary E. Holden is to retain her piano and accopt to the estate for the Same at three hundred and fifty dollars And if John F. Lyon Shall claim any more he must account to the Estate for thirteen hundred and six dollars which I advanced him years ago as will Show by his recpt to me - King Jack Sally and her increase belongs equally to all the Children at the death of my wife I wish all my just debts be paid I wish Mahala and her children sold to the best advantage after due notice thereof at least twenty days I have entered into a Verbal Contract with Henry N. Holden and Emory B. Holden to take my goods as joint Copartners Make a Careful inventory, from and after the Second Monday in August next Say 9th day August 1852 to have responsible men with them and make out a full and honest inventory of the goods and these men certify to the Correctness of the inventory. If I am alive then all will be well but if decd. when the [page 3] inventory is certified to them to make a note both being principals in the same for the goods at next Court This note is to be made payable to the Estate of Thos W. Holden which they are to keep secure to the said Estate and pay ["opct"?] on the 15 day of august 1853 to Sarah Holden or the lawful representative of the Estate of Thos W Holden decd and to pay over or cause to be paid on the said 15th August while they may retain the goods or any part thereof and If they shall show a disposition to waste or Cannot succeed in the Merchantile business to return the goods to Sarah Holden or her representatives as may suit either party and they receive Credit on the bond for the Same I wish all my debts due me after paying my just ones to be Kept at interest and secure And the debt of John F Lyon he to pay, interest on or before the first March 1853 and every year and Keep the debt secure to the Estate. But in nowise to press any debt from my children If they Keep the debt secure Having full confidence in my two Sons Henry N. Holden and Emory B. Holden do appoint them my lawful Executors of this my last will and testament and do allow each of them seventy five dollars making the sum of one hun =dred and fifty dollars as their Commissions for settling my Estate with bane[?] and punctuality and to keep my own buisiness up to Feby the first and from time on an interest ["Interest" crossed out] from the said first of Feby and as the partnership of Thos W Holden & son will close to Keep all at interest from and after 15 August 1852 which is the time of the dissolution of the copartnership of Thos W Holden & Son. In testimony ["I have" crossed out] I Thos W. Holden have this day set my hand and seal July 27 1852 Thos W Holden (seal) I further wish as a part of my Will that Henry N. Holden and [page 4] Emory B. Holden have full power from these premises to sell off in lots or all of the pasture from the Cotton Factory up the spring Branch running the meanders of the said Branch from the large Spring immediately issuing from under the White Burch tree up the said meanders to the poplar Spring then by the most suitable way to the lane road leaving the Same Some Sixteen or twenty feet wide as my Best suit my wife Sally Holden run off a lot cornering in the popular spring or the line pass immediately below the poplar spring as the person who may buy the upper lot not to be incommoded for water also to run off two or more lots below the poplar spring lot this land to be sold on time under due notice and the bonds to be Kept on interest as my other bonds no Contract of land to molest the usefulness of the large spring under the Beech Tree and by no reasons to let the line run north of the Branch but Start near to the present fence where it leaves the Factory unless Mr Barret may want the piece designated by myself when Henry was with me to pay at the rate of fifty dollars per acre and if he takes the land then start the line at the upper side of his piece run with the fence to the Branch at the large Spring permit him to raise the dam one foot higher than the present dam so he may have water. Yet not to injure the Spring and he is to Keep up a good fence all around his lot that my grain may not be injured by his fence not being put up well or let go down he to have all the fencing on his part for this purpose and be liable to all damage may be sustained by his neglect or want of care. In Witness I have hereto sett my hand and seal August 20th 1852 Thos W Holden (seal) [page 5] At a Court held for Halifax County the 25th day of October 1852 The last will and testament of Thomas W Holden decd was presented in Court and proved by the oaths of Jno E Wooding & Jonathan Barnett to be wholly in the handwriting of the decedent and ordered to be recorded And on the motion of Henry N. Holden the Executor therein named who made oath thereto accord ing to law and with Charles H Moseley and Thomas S. Brandon his Securities entered into and acknowledged a bond in the penalty of $20.000 Conditioned according to law Certificate is granted him for obtaining probat of the Said will in due form. The securities having verrified their sufficiency on oath Teste Wm. S. Holt Clk C At a Court held for the County of Halifax the 28th day of November 1853 On the motion of E. B. Holden one of the executors named in the last will & testament of Thomas W Holden decd who made oath thereto according to law & with Charles Moseley and Jessee Brandon his Securities entered into and acknowledged a bond in the penalty of $20.000 Conditioned according to law Certificate is granted him for obtaining letters of administration de bonis non with the will annexed of said Thomas W Holden decd in due form the securities having verrified their suffi= =ciency on oath Test Wm. S. Holk Clk A Copy Test Wm. S. Holk Clk [page 6] Commonwealth of Virginia } Halifax County } Be it known that I William S. Holt Clerk of County Court in the County & State aforesaid do hereby certify that the foregoing writing con= tained in the five preceding pages contains a full and perfect copy of the will of Thomas W. Holden as recorded in said Court together with a full and perfect copy of all the proceedings of said Court in relation thereto, as appearing of record in said Court. In witness whereof I the said Clerk have hereunto set my hand & seal of said office in Halifax aforesaid this 26th day of February 1857 Wm S Holt Clk Commonwealth of Virginia } Halifax County } I William L. Owen the presiding magistrate of the County Court in the County and State aforesaid do hereby certify that William S. Holt whose name is signed to the above cer= tificate is Clerk of said Court and that his said certificate is in due form of law - Witness my hand at Halifax aforesaid this 26th day of Feby 1857 WmS Owen P.M. Transcription by Ben Franklin of Durham, NC 2 Dec 2009. Please credit me if you use this. This information is in the public domain. Notes: A barouche is a fashionable type of horse-drawn carriage in the 19th century. It was a four-wheeled, shallow vehicle with two double seats inside, arranged so that the sitters on the front seat faced those on the back seat. It had a collapsible half-hood folding like a bellows over the back seat and an outside box seat high in front for the driver. The entire carriage was suspended on C springs. It was drawn by a pair of high-quality horses and was used principally for leisure driving in the summer. accopt = account de bonis non: This phrase is used in cases where the goods of a deceased person have not all been administered. When an executor or administrator has been appointed, and the estate is not fully settled, and the executor or administrator is dead, has absconded, or from any cause has been removed, a second administrator is appointed to perform the duty remaining to be done, who is called an administrator de bonis non, an administrator of the goods not administered and he becomes by the appointment the only representative of the deceased. This will is NOT in the handwriting of Thomas W. Holden, but is a copy furnished by the court in Halifax County. It is in the handwriting of William S. Holt, Clerk of Halifax County.