- 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 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 .
Transcript
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.
- Burke County Original Wills, Thomas Hemphill (c1824); box no. C.R. 016.801.1, North Carolina State Archives, Raleigh, Thomas Hemphill, 1824. ↩