Captain Thomas Hemphill’s Will – page 4

by Tonia Kendrick on February 20, 2012 in Analysis,Evidence

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 .

Click to enlarge

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.

  1. Burke County Original Wills, Thomas Hemphill (c1824); box no. C.R. 016.801.1, North Carolina State Archives, Raleigh, Thomas Hemphill, 1824.
Series Navigation<< Captain Thomas Hemphill’s Will – page 3Captain Thomas Hemphill’s Will – page 5 >>

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{ 2 comments… read them below or add one }

Elisse February 23, 2012 at 2:30 pm

I really love your blog. It is very obvious that you care about your kinfolk as well as presenting their stories and information in a clear and accessible way! I am very glad I found it.

Reply

Tonia Kendrick February 25, 2012 at 9:10 am

Thanks Elisse!

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