- Captain Thomas Hemphill’s Will – page 1
- Captain Thomas Hemphill’s Will – page 2
- Captain Thomas Hemphill’s Will – page 3
- Captain Thomas Hemphill’s Will – page 4
- Captain Thomas Hemphill’s Will – page 5
- Captain Thomas Hemphill’s Will – page 6
- Captain Thomas Hemphill’s Will – page 7
- Captain Thomas Hemphill’s Will – page 8
- Captain Thomas Hemphill’s Will – The Last Page
This is the fourth installment in a series of nine posts in which I transcribe the will of my Revolutionary War ancestor, Captain Thomas Hemphill. In the first post, we learned that Captain Thomas’ will was contested by two of his children and a son-in-law, and that the date usually seen for his death may be wrong. The copy of the contested will as it was transcribed into the court records began on page 2. The third page continued the will copy. Page 4 finishes the will copy and begins to explain the reasons that the will was contested. 1 .
Transcript
I now proceed to divide the rest of my Stock. Item. I will
and direct that the rest of my Stock, viz, Cattle, Hogs & Sheep,
be divided into three equal parts, as equally as can be done
and my Son Thomas, my daughter Polly and Beckey each
to have one part. Item. I authorize and appoint my Son
Andrew, and my Son by Law John Young Sole Executors
of this my last will or Testament, and hereby Revoke
and discard all former wills by me made or done Ratifying
and confirm this as my last Will & Testament. In witness
thereunto I do hereby set my hand and Seal in the pre-
sence of [?????] Thomas Hemphill {Seal}
Robert Logan } Rule on the plaintiffs to show caus why a new trial
Adam Jordan } Should not be granted. Rule discharged. Appeal prayed
& granted to the Supreme Court. Bond & Security being given which
Is herewith enclosed.
Daniel Judge. This was an Issue devisavit vel non. To
try the validity of the will of Thomas Hemphill deceased
The instrument offered was was proved to be in the handwriting
of Robert Logan who was dead and who was one of two Sub
scribing witnesses to the will. Adam Jourdan who was the other
Subscribing witness swore that on the morning that he Subscribed
the will he happened at the House of Testator, he & Logan
were on a porch up Stairs by themselves. That they both
called to him not to go away they Should want him. That
while he remained in the Hall below Stairs, he heard a Sound
like reading but did not hear any thing distinctly. Polley
Hemphill, one of the caveatees and Supporters of the will
Was present with the witness and Becky Hemphill. That
It was observed by one of them in presence of the other
That the will was old Logans and not her fathers. Then
Subscribing witness went up Stairs to witness the will, he
did not hear it read, nor did know what it was; but
the old man the Testator and Logan also told witness to put
his name there as a witness, and the old man at the Same
time, Said he acknowledged that to be his Signature; but
did not say what the writing was whether a will or any
other instrument.
What I learned from this page
This page doesn’t offer anything new in the way of genealogical data; Thomas, Polly, and Becky are all named again as children and John Young is named again as a son-in-law. The court case testimony begins on this page, though, so we start to see why the will was contested.
Check back next Monday for page 5 of Captain Thomas Hemphill’s will.
- Burke County Original Wills, Thomas Hemphill (c1824); box no. C.R. 016.801.1, North Carolina State Archives, Raleigh, Thomas Hemphill, 1824. ↩