Will of Thomas Holloway, Sr. -  18 Nov 1834

Original Will, on file in Raleigh, NC Archives CR 073.801

In the name of God Amen I Thomas Holloway Senr of the County of Orange 
& State of North Carolina being weak in body of sound and perfect mind
and memory, blessed be God the for the same do this Eighteenth of February
in the Year of our Lord one thousand Eight hundred & thirty four make
and Ordain this Instrument to be my last WIll and Testament.  First
I recommend my soul to god who gave it and my body to be buried
in the usual Christian manner at the direction of my executors
Secondly, to my beloved wife Lydia Holloway, I give the use of my
plantation & houses where I now reside together with my negro man
Ned my waggon & Geer, two Horse, Four Cows & Calves, all my stock
of hogs, household & Kitchen Furniture, with sufficient farming tools
until my Youngest Child then living arrives at the age of twenty one
Years or my said wife Lydia Holloway marries, but in the event
of my said wife marrying again, I give her no further portion of
my Estate than what by the laws of the State she may be entitled to
& it is further my will that my Children John, Williamson, Sarah, 
Lydia Caroline, & Milly Holloway reside with their mother the said John &
Williamson until they arrive at the age of Twenty one Years and my said
three daughters until they marry, or the division of the property on my
Youngest Child arriving at age which be hereafter directed.
   I give to my son John Holloway on his arriving at age and also my son
Willianson Holloway a Good Horse & Bridle Saddle to be furnished them
by my executors and to my three daughters Sarah Holloway, Lidia[sic]
Caroline, and Milly Holloway I give each a feather bed and furniture
A Good Cow & Calf with a Bridle & Saddle, with a chest and table
furniture on their arriving at the age of twenty one Years or marrying
3rdly I direct that my executors sell the tract of Land that I purchased
from Barton Clark to the highest bidder on a credit of twelve months
with my negroes Nancy, Minerva & her Children & Sally with their future

[page 2]
Increase and all the rest & residue of the property of every description of which
I am possessed not heretofore particularly & specifically devised and after furnish
=ing my five Younger Children with the articles given to them if such
things be not among my property and that the same be divided as
as[sic] hereinafter directed, immediately after the same shall all be collected
4thly On my Youngest Child then living arrive at the age of
twenty One Years, I will and direct that my executors sell the tract
of Land whereon I now live under the restrictions as to credit &c. as was
mentioned in the ase of the Clark tract together with all the rest of
the property given to my wife not ["and for" crossed out] necessarily consumed for
the support of her and my Younger Children, although this clause
shall not be construed so as to authorize my said wife to sell any part
of the property allotted her for her support or otherwise Change the
right of the same and that the proceed of such sales be divided 
as is hereinafter directed
5thly I will and direct that the proceeds of the first sale which I hereby
direct ot take place as soon as possible after my decease and the
proceeds of the second sale as that part my my property lent to
my wife which I have directed to take place at the time of my
Youngest Child arrives at lawful age be divided, the first part
thereof as soon as sales and collections can be made among my
wife Lydia Holloway and my Children & Grandchildren in
the following manner.  To my beloved wife Lydia Holloway with
restrictions as to her marriage as before, choice which she will take of
my property whether she will take one third of my home tract of
Land during her life, and a childs part of all the rest of the
proceeds of the sales of my personal property, or whether she will take

[page 3]
a childs part of my property both real & personal and all the residue
to be divided between my son Brimilion Holloway, the Children 
of my son Samuel Holloway after accounting [to] my executors for the
sum of $46.28, It being my intention that where any of my children
are dead that their Children shall only receive a childs part 
of my Estate to be divided among them & the said 46.28 being due me
on bond executed by the said Samuel Holloway in his lifetime ["To my" crossed out]
["daughter Susannah Whitaker or her heirs I give a Childs p" crossed out] the heirs
of my daughter Polley Woods after the heirs of the said Polley accounting
for $150 heretofore given my said daughter, Lucy Whitaker after accounting
for the sum of $81.45  David Holloway after paying my executors the
sum of $60 for which he has heretofore given his receipt, William Holloway
after accounting for $78 due me on his bond, the heirs of Elizabeth
Trice after accounting for $140.22 due on their fathers bond, Hannah
Latta, Ann Farthing, Agatha Harward after the said Agatha
accounting for $24.80 due on the bond of her husband, Thomas
Holloway after accounting for the sum of $489.50 which is due on his
bond bearing date on or about the year 1819 and also the sim 
of $93. for which he has heretofore given his receipt, Sarah Holloway
Fanny Leathers, James Holloway, John Holloway, Williamson 
Holloway, Lydia Caroline & Milly Holloway and I further will
and direct that in the event that any of my Children or grand
Children shall refuse to account for the several sums with which
I have charged them that then & in that case I enjoin my
executors to hold back & reserve the several amounts with which I
have Charged them. And I do hereby constitute and appoint my
worthy Friends James Latta, John Leathers, & Williamson Burton executors

[page 4]
of this my last will and Testament hereby revoking all former
Wills by me at any time heretofore made and do declare this to
be my last will and Testament  In Witness whereof I the said
Thomas Holloway Senr. have hereunto set my hand & affixed my
seal this 18th of November 1834
                                           Thomas Holloway (seal)
Signed Sealed published & declared by
the said Thomas Holloway Senr as and
for his last Will and Testament in presence
of us who have hereunto subscribed our
names as Witnesses in the presence of
the said Testator, & in the presence of each          Recorded
other
           Silas M. Link   }
           Archd Cain      }   Jurat
           William Piper   }        Whereas I Thomas Holloway Sr have made & pub=
                              =lished the foregoing Instrument as my Lat Will and
                              Testament on the 18th of November last therein giving
to my daughter Ann Farthing a certain portion of the proceeds of the sales
of my Negroes, Land &c., Now I do by this writing which I hereby declare
to be a codicil to my said Will and to be taken as a part thereof, Will and
direct for certain causes me hereunto moving that out of the sum or shares
which my daughter Ann Farthing is to receive of the proceeds of the first sale
that my Executors reserve out of her share & pay over to her son Harges
Farthing such sum as shall be equal in value to one Eighth part of
the estate of Ruben Farthing his deceased father, that is both real & personal
or left by said Farthing
Signed sealed published & declared by the above named 
Thomas Holloway Senr. as a codicil to be amended to         Thomas Holloway (seal)
his said Will & Testament in presence of
     Silas M. Link



[At the bottom of one of the copies (see below)]

Home tract is bounded by the lands of
["the Heirs of" crossed out] Wm McFown, Phebe Sink,
Tennesse Martin & others, lying upon
Eno Road - 260 acres - 

D D D D D L Latta James Latta  [looks like signature practice]





Transcription by Ben Franklin of Durham, NC <benz2@earthlink.net>
9 Dec 2009.  Please credit me if you use this. This information is in 
the public domain.

Note: The writing on this will is frequently quite small and sometimes
a little indistinct. However, the folder also contained two additional
handwritten copies (one incomplete) of the will, written in different
handwriting(from the original and from each other).  This allows some 
cross-comparison to ascertain names and such.   Thus, while there are 
four pages transcribed above, there are nine images associated with 
this will.  I have only transcribed the original here.  The original
is the only one with the codicil.


Orange County Marriage Bonds for Holloway and Holaway

Blalock, Harrison and Anna Holloway, 13 Aug 1831; Thomas
   Hutchins, Henry B. Hutchins, bm.
Clements, David A. and Mary E. Holloway, 15 Dec 1860; M. A. Angier, bm.
Cole, John and Salley Holloway, 2 Mar 1836; William Proctor, bm.
Cook, James W. and Sarah J. Holloway, 27 Feb 1866; Benjamin
   Carroll, bm; married 3 Mar 1866 by A. B. Gunter, JP.
Dixon, Robert W. and Lydia Holloway, 4 May 1846; M. C. Herndon, bm.
Farthing, Ruben  and Anne Holloway, 12 Dec 1816
Harward, Wyatt  and Agness Holloway 27 Nov 1809
Holaway, James & Mary J. Horn 1 Jan 1859; William Herndon, bm; 
   married 6 Jan 1859 by Samuel Couch, JP
Holaway, John & Haner Herndon, m 15 Mar 1862 by S. Shepherd
Holaway, Williamson B. and Caroline Martin, 14 Apr 1856; Wm.
   McCown, bm; married 14 Apr 1856 by Wm McCown, JP
Holloway, Bremilan  and Sarah Proctor 5 Feb 1798
Holloway, James and Martha Leathers 13 Feb 1838
Holloway, John J. and Nancy J. Wilkerson, 3 Nov 1849; John D. Jones, bm.
Holloway, John J. and Nancy W. Farthing, 30 Dec 1862; 
   William Farthing, bm; married 1 Jan 1863 by S. Shepherd, JP
Holloway, John T. and Ann Cooley, 9 May 1857; 
   E. W. Woods, bm; m 13 May 1857 by John W. F. Pearson, minister.
Holloway, Samuel and Polley House, 7 Apr 1804; James Wood, bm.
Holloway, Stephen P. and Mary Ann Trice, 14 Feb 1849; Jno. D. Carlton, bm.
Holloway, Thomas and Johanna Caine, 5 Oct 1782; Robert Abercrombie, bm.
Holloway, Thomas and Jenney Latta, 15 Dec 1808; Thomas Holloway, bm.
Holloway, Thomas and Lydia Bryant, 25 Aug 1808; Mark Pickett, bm.
Holloway, William and Elizabeth Trice, 18 Feb 1805; Thomas Holloway, bm.
Holloway, William H., son of Nathl. and Nancy P. Holloway, & Mary J. Duke, 
   dau. of Wm. J. and Sally Duke, married 1 Jan 1868 by R. S. Webb, MG
Holloway, Williamson B. and Martha Duke; 18 Oct 1851; John C Lewis, bm.
Holloway, Wright and Ann Merritt, 7 Jan 1837; Mark Rigsbey, P. Stanford, bm.
Horn, John and Elizabeth Holloway, 18 Jan 1831; Anderson Rhodes, Ralph Thompson, bm.
Latta, James and Hannah Holloway, 8 Oct 1806; John Latta, bm. 
Leathers, John and Fanny Holloway, 9 Dec 1828, Js. H. Carrington, bm.
Leathers, Kenchen and Milley Holaway, 2 Dec 1848; Benton Ray, bm.
Ray, Willian and Ruthey Holloway, 23 Nov 1784; John Ray, bm.
Reves, John and Elziabeth Holloway, 26 Nov 1799, Charles Reeves, bm.
Smith, William and Lettis Holloway, 25 Nov 1788; Reuben Smith, bm.
Stevens, Benjamin and Rachal Holloway, 9 Jun 1784; John Hastins, bm.
Stevens, Henry and Jane Holloway, 9 Aug 1787, John Stevans, bm.
Trice, Ezekiel and Elizabeth Holaway, 26 Jul 1803; Henry Bunch, bm.
Trice, Henry and Carolina Holloway, 1 May 1838, Marke Rigsby, Peter Thompson, bm.
Umsted, John, son of Elisha and Eliza Unsted, and Virginia D. Holloway,
   daughter of Nathl. and Nancy Holloway, married 10 Mar 1868
   by R.S. Web, MG.
Watson, James S. and Mary Susan Holloway, 1 Dec 1852; J. S. Watson,
   J. Sorlette, bm; married 1 Dec 1852 by Wm. W. Albea, MG.
Whitaker, John and Suckey Holloway, 12 Sep 1791; Abimelech Barbee, bm.
Whitaker, William and Lucy Holloway, 4 Mar 1797; William Wood, bm.



1850 North Carolina, Orange County, page 214A, HH 931/931
Williamson B. Holloway, 32m, farmer, RE $548, born NC;
Lydia Holloway, 70f, born NC;
Nancy Farthing, 27f, born NC. [prob. niece to Williamson, and granddaughter to Lydia]