Captain Thomas Hemphill’s Will – page 6

This is the sixth 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. Pages three and four continued the will copy and began to explain the reasons that the will was contested. Pages 5 and 6 continued the court testimony 1 .

Captain Thomas Hemphill's Will - page 6

Click to enlarge


proved that Logan was called upon and wrote a goodeal for

the neighbors, it was also in proof on the other side by

Several witnesses that he the testator appeared to have his

senses as well as at any other time.  That he conversed on

religion and on business sensibly.  It was proved by

John Burgin that he was well acquainted with the hand

writing of old Thomas Hemphill and the handwriting of

the Subscribing witness Robert Logan and that the Signature

of each was in their own proper handwriting.  It was also

in proof that about the 28th of January after the date of

the will the Testator saw Samuel Cawhorn and told him to

tell his brother John to come and See him, that he had

some business with him and accordingly John came to his

House, where Testator said to John he was glad to see him

I have made my will; he went and got this paper and

told him here is my last will and testament take it and

take care of it and if I die give it to my Executors naming

his Executors at the time.  If I should get well keep

it until I call for it.  At September court before ˰ the date

of will he sent for Mr. Henry.  That Mr. Henry went

there about the first of October when he said to him, for

that he wanted him to write his will.  Henry not having

time; appointed some other time and left a memorandum

in writing of how he should arrange his bequests.  Henry

living at a distance did not attend at the time appointed

and never saw him any more.  Richard Bird saw him

Sitting in his piazza two days before the date of will

with a book in his lap and his spectacles on as if he

had been reading.  Bird was riding along the road

that lead by his door.  Jonathan Bird and John Burgin

proved that they saw him before and after date ˰ of will he had

his senses as well as at any other time.  And Richard

Bird proved that he passed by the day the will bears

date and saw Testator and Logan together up stairs

in the balcony and Logan was sitting by a table

Notes on page 6

This page includes more testimony on Captain Thomas Hemphill’s capacity to make a will and on the validity of the signatures.

One interesting development is the introduction of John Burgin as a witness in the court case.  There were two men named John Burgin living in Burke County at this time.  One was Malinda Burgin’s father and the other was her brother.   You’ll remember from page 5, that Malinda Burgin was the wife of Thomas McEntire Hemphill, so this witness is either the father-in-law or brother-in-law of one of the defendants.

Check back next Monday for page 7 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 5Captain Thomas Hemphill’s Will – page 7 >>

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