Lemuel Hardy Will 1844 NC

Date: [unknown] [unknown]
Location: [unknown]

LEMUEL HARDY WILL

Written 18 Oct 1844. Proved Nov Term 1846 and 27 Jun 1885.

In the name of God Amen. I Lemuel Hardy Senr. of the County of Greene and State of North Carolina being of sound disposing mind and memory though weak in body blessed be God for the same considering the mortality of my body knowing that it was once appointed for all men to die do make and ordain this my last Will and Testament. First I recommend my soul into the hand of Almighty God that gave it nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God and my body I commend to the earth to be buried in decent Christian funeral at the discretion of my executors and as to my earthly substance that the Lord hath pleased to bless me with I give and dispose of in the following manner:

Item 1st: I give unto my daughter Martha Aldrige all the property that I have heretofor put into her hands and the increase from the time of her having possession thereof to her and her heirs forever.

Item 2nd: I give unto my grand children the children of my daughter Susannah Moye all the property that I have heretofore put into the hands of Susanna Moye and the increase from the time of her taking possession thereof to them and there heirs forever.

Item 3rd: I give unto my daughter Lydia Daniel all the property that I have heretofore put into her hands and the increase from the time of her having it in possession to her and her heirs forever.

Item 4th: I give unto my daughter Sally Dawson all the property that I have heretofore put into her hands and the increase from the time of her having possession thereof to her and her heirs forever.

Item 5th: I give unto my son Parrott M. Hardy the land and plantation whereon he now lives its being the land I bought of Moses Shirly and what other property that I have heretofor put into his hands and the increase from the the [sic] time of his having possession thereof to him and his heirs forever.

Item 6th: I give unto my daughter Anna Hardy all the property that I have heretofore put into her hands and the increase from the time of her having possession thereof to her and her heirs forever.

Item 7th: I give unto my daughter Unity Broom all the property that I have heretofore put into her hands and the increase from the time of her taking possession thereof and also three hundred dollars or a nigroe girl valued at that sum, I leave it discretionary with my Executors which to give to her and to her and her heirs forever.

Item 8th: I give unto my daughter Elizabeth Gibbons all the property that I have heretofore put into her hands and the increase from the time of her taking possession thereof to her and her heirs forever.

Item 9th: I give unto my daughter Edith Barrow two nigroe boys one name John and the other Robin one horse bridle and saddle and one bedstid and furniture & some other articles to tedous to mention which I shall put in her possession soon to her and her heirs forever.

Item 10th: I give unto my wife Patsy Hardy one nigroe man Willis one woman Dolly and there eight children David Simon and Wency Caty Bob Bright Grace Chelly and there further increase to her and her heirs forever.

Item 11th: I lend unto my wife Patsy Hardy all the rest of my lands and plantations during her natural life or widowhood with this encumbrance that she settle Lemuel, Benj G. and Levi & to the best advantage on a part of the land that I shall give them hereafter at their answing to lawful age or mariage also my stock of nigroes and stock of every description household and kitchen furniture my still, Blacksmith and plantation tools and all other articls of property that has not heretofore been mentioned with this incumbrance that she raisis and Schools her children and give off to them in proportion to what then is in stock as they arriv to lawful age or mariag to them and there heirs forever.

Item 12th: I give unto my son Lemuel Hardy all the land lying on the north side of Goods Branch Beginning at the mouth of said branch and running up said Branch to a pine at the head of the pond then with a small stream near an East course to Groundnut swamp then up said swamp to Benjamin Hardy’s line then with his line to the begining, two nigroes Raleigh and Ruben the hors he call his a bridle and saddle and such other property as he will need to begin to keep house with to him and his heirs forever.

Item 13th: I give unto my son Benjamin G. Hardy all my land East of the road Begining in Goodes branch and running with Lemuel’s line to Malachi Field’s line then with his line to and down Groundnut Swamp to Wootens line and with his line to the road then to the beginning to him and his heirs forever.

Item 14th: I give unto my son Levi S. Hardy all land West of the road and South of Oat Marsh and Goods branch including my home plantation with all its conveniences together with my mill and all its appertences with this incumbrance that Parrott Lemuel and Benjamin have the privilege of grinding product provided they will help keep the mill in good repair to him and his heirs forever.

Item 15th: The aforementioned property both personal and perishable that is lent to my wife Patsy Hardy shall and must be divided as near equal between my five youngest children as is convenient as they arrive to lawful age or marige as was above mentioned to them and there heirs forever.

Item 16th: My will and desire is that if either of my three sons Lemuel Benjamin or Levi should die leaving no issue lawfully begotten of ther bodys that my youngest son Jesse H. Hardy have one of the lots of land that I have set apart or given to them in some of the above items in this will in this manner, viz: if Lemuel should die Benjamin shall have the lot set apart for Lemuel and Levi to have Benjamins lot and Jesse H. Hardy my youngest son to have the home lot that I gave to Levi or if Benjamin should die Levi to have Benjamins and Jesse to have Levis lot the home lot or if Levi should die Jesse to have Levis lot the home lot now if more than one or any one of them should die after the lands are placed and allotted in this manner leaving no issue as above stated his lot to be divided among or between the ones surviving so as to keep the land among the boys is my object.

Lastly I constitute nominate and appoint my wife Patsy Hardy and my trusty friend Parrott Mewborn whole and sole executors to this my last Will and Testament revoking disannulling and making void all other former wills and testaments heretofore made and Ratifying this and no other to be my last Will and Testament.

In witness whereof I have hereunto set my hand and seal this 18th day of October AD 1844.

[signed] Lemuel Hardy Snr (SEAL)

Signed Sealed and acknowledged
In presence of us who in the presence
of each other and in his presence
Have subscribed our names

Lemuel E. Hardy

Jesse Hardy

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"B"

State of North Carolina, Greene County
Court of Pleas & Quarter Sessions
November Term 1846

Then was foregoing paper writing brought into open Court and the execution thereof as the last will & testament of Lemuel Hardy decd duely proven by the oaths of Lemuel E Hardy and Jesse Hardy the subscribing witnesses thereto. Let the same be recorded according to law. At the same time and place Parrott Mewborn one of the executors therein named came into court and renounced his right as such and Patsy Hardy the Executrix therein named came into court and qualified as such. Let letters testamentory issue. Attest James Williams, Clerk

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[written on the reverse of the will] L Hardy
Coppy (sic) of the last will and testament of Lemuel Hardy Senr. October 17th 1844 Recorded in the Clerks Office of Greene Co in Book of Wills Letter B, pages 185,186,187,8,9 by James Williams 1844

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North Carolina, Greene County
Superior Court

Jesse H Hardy, Temasia Hardy, Nancey Aldredge, G. M. Hardy, L H Hardy, Parrott Hardy, and Patsy Hardy to the Court

The petition of the plaintiffs respectfully represents unto the court

1. That some time during the year 1846 Lemuel Hardy Sr late of this county and state aforesaid died domiciled in said county of Greene first having made and published his Last Will and Testament in words and form as follows viz: a copy of which is hereto annexed marked “A” and made part of this petition.

2. That in November 1846, said Last Will and Testament was duly proved, recorded and the executrix Patsy Hardy duly qualified before a court of Competent Jurisdiction in Greene County, a copy of all of which is hereto annexed marked “B" & made part of this petition.

3. That said Patsey Hardy as Executrix took charge of and settled the estate of her Testator Lemuel Hardy Sr. decd upon the terms and conditions as set forth in said Last Will and Testament.

4. That in March 1876, the Court House together with all the records of Greene County was burned including the said Last Will and Testament of Lemuel Hardy Snr. a certified copy of which Will and Testament is hereto attached.

5. That James Williams the Clerk of the Court before which said Will and Testament was proved and recorded and whose certificate is attached to said copy of said Last Will & Testament is dead.

6. That under said last will & testament Lemuel Hardy, Benj G. Hardy, Levi S. Hardy and Jesse H. Hardy were the sole Legatees to whom the lands of Lemuel Hardy Sr decd discended under said Last Will and Testament of said Lemuel Hardy Sr decd and that Levi S. Hardy died, without leaving an issue of his body and his interest in said lands discended to your petitioner Jesse H Hardy under said last will & testament and that your petitioner Jesse H Hardy some time in the year 1860 purchased of said Benj. G. Hardy his interest in said lands conveyed under said Last Will and Testament of Lemuel Hardy Sr decd. and that Lemuel Hardy one of the heirs under said Will died intestate during the year 1863 without having made and published a Last Will and Testament, and his interest discended to his widow Temasia Hardy, & his children Nancey Alderge, G M Hardy L H Hardy Parrot Hardy and Patsey Hardy. and that they are all of full age.

Wherefor your petitioners say, that said certified copy of said Last Will and Testament with the certificate attached be admitted to probate and that the same be entered in all respects as the original. and for such other & further orders as the court may deem proper. [signed] Arthur Spruill atty for Plffs

Greene County Superior Court

Jesse H. Hardy one of the petitioners being duly sworn says that the facts set forth in the above petition are true of his own knowledge, and those not of his own knowledge but are information he believes to be true. [signed]Jesse H. Hardy
Sworn & subscribed before me, this 27th day of June 1885.
[signed] D.W. Patrick CSC

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[reverse of Petition] Jesse H. Hardy Et als. to the Court 1885

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Greene County Superior Court
Jesse H. Hardy Et als. to The Court
Judgment

On the 27the day of June 1885 came before Mr. D.W. Patrick Clerk of the Superior Court and for the County of Greene Jesse H. Hardy G.M. Hardy, Parrott Hardy Et als by their Attorney at Law and in fact Arthur Spruill and offered for the purpose of being Recorded in my said Office a paper writing purporting to be a duly certified copy of the Last Will and Testament of Lemuel Hardy decd late of this County.

And upon the evidence, it appearing to my satisfaction that said Lemuel Hardy died leaving a last Will & Testament and that it was duly admitted to Probate in the Count Court of said County of Greene at Novembeer Term 1846 and recorded in the Office of said Court, Book of Wills letter L Page 185.6.7_8_& 9. and that said paper writing now offered to be recorded is a true and correct copy of said Will & Testament from the record of said Court: And that the same is genuine and duly certified by the proper Officer of said Court. and that the original will was destroyed by the burning of the Court House of said County.

It is now on motion of Arthur Spruill Attorney Ordered that said paper writing as a right ought to be recorded as the last Will and Testament of Lemuel Hardy sr. And it is further ordered that said paper writing be recorded and filed among the records of this Office as his Will. [signed] D.W.Patrick
Clerk Superior Court ^[1]

Research Notes

• Bold text added for ease in finding enslaved people and heirs.
• The 1885 Petition names the children of Lemuel M. & Temesia Hardy: Nancy Alderge, George Mewborn Hardy, Lemuel H. Hardy, Parrott Mewborn Hardy, and Patsy Hardy. The identity of the daughters is mistaken. They are actually Nancy (Mrs. Frank Aldridge) Bennett and Martha "Patsy" (Mrs. Riley E.) Adams.
• Three of Lemuel Hardy's daughters were not named in his will, Mary Hardy Wade, and Louisa Hardy Cunninggim, and Nancy Hardy Mewborn.

Sources

1. ↑ Lemuel Hardy Will 1844/re-filed 1885: FHL #157510, item 4, Film number: 007639880 > image 1646 of 2794
   FamilySearch Image: 3QS7-99G4-M9G5-T (accessed 5 June 2022)