Tonia's Roots

Family History and Genealogy

  • Facebook
  • Twitter
  • Google Plus
  • Pinterest
  • About
    • Want to Use My Work?
    • Privacy Policy
  • Family Tree
  • Archives
  • Contact Me
    • Subscribe
You are here: Home / Analysis / Captain Thomas Hemphill’s Will – page 4

Captain Thomas Hemphill’s Will – page 4

February 20, 2012 Tonia Kendrick


Capt. Thomas Hemphill's Will
  • 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 .

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 >>

Related posts:

Fighting for a New Nation
On this date. . .the 6th of November
On this date. . .the 19th of May

Filed Under: Analysis, Evidence Tagged With: Burke County NC, Hemphill, Probate Records, Young

Share this article!

Tweet

Related Posts

  • Catharina Weidner at the Ephrata Cloister
  • Blount County, Tennessee Court Minutes
  • James Alexander Deeds in Burke Co NC
  • Some Buncombe County Death Notices
  • Researching in First Families of Tennessee Files

Subscribe to Our Blog Updates!

  • Facebook
  • Twitter
  • Google Plus
  • Pinterest

Subscribe to Our Free Email Updates!

Categories

  • Analysis
  • And More
  • Bios & Timelines
  • DNA
  • Evidence
  • Family Stories
  • Military
  • Most Wanted
  • On this date
  • Photos
  • Research
  • Technology
Donate to War of 1812

About Tonia

Hi, I am Tonia Kendrick. Genealogy is my hobby, my passion (those who say obsession would not be accused of crazy-talk). While I had helped my mom with genealogy as a teenager, I first caught the bug myself when computers came into the picture.

Now we are well into the 21st-century and every day brings a new genealogy adventure, whether it is a new record group to explore online or a visit to a cemetery, courthouse, or other repository. It all comes together here. Read more about Tonia's Roots or contact Tonia. Read More…

Tags

Baxter Brookshire Burgin Burke County NC Butler Census Civil War Dates and Anniversaries Dellinger Ellis Fannin County GA Forrester Fun Facts Garrett Georgia Gilmer County GA Gravestones Greenlee Hemphill Johnson Kendrick Langston Lankford Lawson Lytle Mackie McDowell County NC McEntire Murray County GA North Carolina On this date Patterson Photos Roberts Searcy Stroud To-Dos Tombstone Tuesday Tucker Tweets Ward West What's New Whitener Whiteside
Copyright © 2023 · Dedicated on Genesis Framework · WordPress