Captain Thomas Hemphill’s Will – page 2

This is the second 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.  Let’s see what page two¹ has to offer.

Click to enlarge

Transcript

This Cause was then Continued from Court to Court until

March Term 1830.  When came the parties aforesaid by their

Attorneys aforesaid and also a jury to try the Truth of the

Issue aforesaid to wit

1 Charles Duncan             5 William Connally            9 John Kincaid

2 Wm L Baird                     6 George Corpenning       10 James McCall

3 Willliam Murphy          7 James Avery                    11 Jacob Mull

4 John Fleming                 5 Benj Burnett                     12 James H Perkins

The Jury find the paper writing offered for probate is the

last will and testament of Thomas Hemphill deceased and

that he did devise. that the same was proven to be the last

will & Testament of the Said Thomas Hemphill dec^d by the

oath of Adam Jourdan one of the Subscribing witnesses there

to and by proof of the handwriting of Robert Logan the

other Subscribing witness, who it is proven is dead.  Also

proof of the handwriting of the Testator Tho^s Hemphill de^d.

and his acknowledgement that it was his last will &

Testament   Which is in the following words of [??????]

State No Carolina }          January 12^th 1824.  I Thomas Hemphill

Burke County }                 of Said State and County, do make &

Ordain this as my Last Will & Testament. And first I

will and bequeath my immortal Soul to God who gave it

and my Body to be buryed in a decent, and Christian

manner at the discretion of my Executors. And all the real

and personal property that God has bestowed on me in the

Course of his providence, I dispose of in the following man

ner (viz). In primus, I will and bequeath to my son by

Law John Young Three tracts of Land in Bumcomb County

in the upper Settlements on French Broad River. The titles for

Said Land will Show their situation and Dementions.

Item.  I will and bequeath to my Son Andrew one tract of Land

lying on Silver Creek known by the name of MacCluskeys tract

one tract in Buncomb County of which Postell formerly

lived, one tract in Said County lying on flat Creek below James

Whitaker’s land.  Item.  I will and bequeath to my Son Thomas

the whole of that s of Land which I bought from John Davidson

and on which I now live, also one hundred acres lying on

What I learned from this page

The copy of the will starts on this page, so we are starting to get to the meat of things.  The verdict in the appeal is also noted on this page:  the jury found the will to be valid in a session held in March 1830.

The will was dated 12 Jan 1824, so we know that Captain Thomas was still alive at that time and was a resident of Burke County, North Carolina.  (The area where he lived became part of McDowell County upon that county’s creation in 1842.)

He named John Young as his son-in-law and bequeathed to him three tracts of land in Buncombe County, NC.  John was married to Thomas’ oldest daughter, Rosannah.  (Asheville is in Buncombe County and borders present-day McDowell County.)

He named Andrew as his son and bequeathed him three tracts on land, one on Silver Creek, one in Buncombe County and one in Burke County.  Andrew was either the second or third son, after James.  Silver Creek, I believe, is in an area that remained in Burke County when McDowell County split off.  I need to look into this further.

He named Thomas as his son and bequeathed to him the homeplace, which is on land purchased from John Davidson and one hundred acres. . .

[I have two John Davidson’s in my database (they are father and son);  I must make a note to determine if either of them is the John Davidson from whom Thomas purchased the land.  These Johns are related to theJames Alexander of Buncombe County who married Rhoda Cunningham.]

Check back next Monday for page 3 of Captain Thomas Hemphill’s will.

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