Family history.....

[W2DR 1,860]

Since I was a young boy I knew that both my maternal and paternal ancestors had fought in both the Revolutionary and Civil wars. What I didn't know until recently is that my father's side of the family were slave owners. I'm posting my great-great-great grandfather's will here just for it's historical interest. No other reason should be implied.

Will of George Elliott
February 26, 1803

In the name of God, Amen, I George Elliot, being in a low declining state of health, but of sound mind and memory, praise to God for all his mercies to me calling to mind the mortality of my body; knowing that all must die and afterwards appear in Judgement.  Do therefore make this my last will and testament.  Viz I give my soul to Almighty God who gave it and my body to the earth, dust to dust, And as touching such worldly estate as God hath blefsed me with in this life.  I will, give and dispofe of in the following menner & form Viz:

Impremis. I will give and bequeath to my beloved son William Elliot one hundred acres of land to be laid off the big 400 acre tract by my executors and a deed by them made to him, on their receiving from him the remainder of the sum of money agreeable to my contract with him.

Item: I will give bequeath & convey to my beloved son Robert Elliot all the remainder of the said 400 acre tract, which is not conveyed to Andrew Elliott, and the above 100 acres to Wm Elliott, supposed to be 200 acres more or lefs to him his heirs and afsigns forever.

Item: I will give & bequeath to my grandson, George Elliot, son of my sd. son Andrew Elliott one Negro boy named Tom.

Item: I will & bequeath to my grand-daughter Jane Elliot, daughter to my sd. son Andrew Elliot, one Negro girl named Beck And the sd. Slave Children       shall be kept, raised & supported by my sd. son Andrew Elliot, clear of any charge, until his sd. son George & daughter Jane arrive at lawful age.

Item: I will give & bequeath to my sd. son Andrew Elliot one boy named Peter, to him & his heirs & afsigns for ever.

Item :I will give & bequeath to my son Richard Elliot one Negro boy named Zena, to him, his heirs & afsigns for ever.

Item: I will & bequeath to my daughter Jane Dun, to her, her heirs & afsigns one Negro Girl named Patsy for ever.

Item: I will give & bequeath to my Grandson John Elliot; who is son to my son William Elliot, one Negro boy named Pompey, a sucking child, to him, his heirs & afsigns forever.Item: For valuable services received from my Negro man Tom & Bet, I hereby give & bequeath to said Tom one good ax & hoe And to said Bet her good spinning wheel, and also one good cow, her choice of all my stock; all which four articles shall be the property of sd. Tom & Bet, jointly & severally during the life of either of them, & their afsigns for ever afterwards.

Item: It is my farther will & pleafure that my executors do sell all the residue and remainder of my estate except 75 acres horfes, cattle & household & kitchen furniture & farming utenfials && and after all my just debts are paid and necefsary charges - - that then the neat residue       or remainder shall be divided into ten equal shares and by my executors paid and given to my sd children & grandchildren.  Viz to John Elliot, Andrew Elliot, Wm Elliot, Richard Elliot, Robert Elliot, and Hugh Elliott, my children and to Jand Duns child, Jane; And to the three children of my daughter Mary Barry deceafed.  Viz Jane, George and Katherine share & share alike, and in case of the death of any of sd three children       before lawfull age & no heirs of their body that then the survivor or survivors shall have his, or their share or shares - 10 equal shares.

Item: For the many faithfull, honest, and meritorious labors and services which I have received for near forty years from my honest slaves the sd. Tom and Bet, I herby liberate them & each of them from slavery, from me and my heirs for ever.  And also any child or children which the sd. Bet may have, if any, hereby allowing & decreeing that for ever hereafter they shall all be freed from slavery ------- And in order that they the sd. Tom and Bet being thus freed from slavery, may have & receive a competant support and maintenance during their lives or the longest       liver of them and the citizens of the county kept from any burden by supporting them or any of them -------- I hereby will give and bequeath       to my honest trusty neighbors James Alexander and my said son Andw., Elliot one tract of land of seventy five acres, being a separate tract from the aforesaid 400 acres, which joins thereto and includes the spring, orchard, some buildings & clear land nearby where I now live, for and during the term of the longest liver of sd. Tom and Bet to them and their executors during the sd. term – Hereby enjoining & requiring them the sd. James Alexander & Andrew Elliott or the survivor of them, to rent out – to farm out & or otherwife dispofe of all or any part of sd. 75 acre tract, in such a manner as he or they may judge proper of the eafe comfort and maintenance of the said Tom and Bet, during either of their lives.  All which rent, profits && thense arising shall be faithfully applied and given for the support & maintenance of sd. Tom and Bet during either of their lives.

Item: And at the expiration of the longest liver of sd. Tom and Bet the said 75 acre tract and every thing thereon & thereunto belonging shall forever afterwards, and not before, be the property of my said son Robert Elliott – to him & to his heirs and afsigns for ever.  Provided, neverthelefs that if there should happen to be a defficiency of the neat amount of sd. estate, that then and in that café I hereby order that the said difficent sum of money shall be paid & discharged by my sd. son Robert Elliot, on account of his receiving sd. 75 acres at the time before alluded to.

And I hereby request & impower the County Court of Mecklenburg to ratify and confirm the liberation of sd. slaves as fully & as far as their power extends.
And Provided that the said James Alexander & Andw. Elliot should be timid, backward or negligant in performing the trust I have reposed in them, relative to the renting out & and applying the profits of sd. 75 acres & that then the said court would appoint guardians to sd. Tom & Bet in order that they may have a maintenance during life.

And lastly I hereby nominate, appoint & empower the sd. James Alexander and Andrew Elliot to be my whole & sole executors of this my last Will       and Testament, revoking all former wills gifts or bequest by me made either by word or writing. Ratifying and confirming this and no other  o be my last Will & Testament In witnefs whereof I have hereunto set my hand and seal this 26 day of February Anno Dom 1803.

Signed sealed published declared & pronounced by the said George Elliot as his last Will and Testament, who in his presence & in the presence of each other subscribed our names.

      James Alexander
      Samuel Stephenson
      John Peopels

This will was presented to the Mecklenburg County, NC, Court of Pleas and Quarter Sessions for probate on the fourth Monday in April, 1803.  However, some of the children came with their lawyer, Samuel Lewis, claiming that George Elliott had not written the will.  The two sides in this controversy were:
 
FOR THE WILL

Andrew Elliott
(presumably the remainder of the children who did not contest the document were allowing the executors to represent them:
Robert Elliott
Richard Elliott (actually died before the January, 1804 court)
 
AGAINST THE WILL

James Dun (son-in-law)
John Elliotte
William Elliott
Hugh Elliott (20 years old)

 

The January, 1804, Term Court records indicate that a jury made up of Wm. Lucky, Hugh Todd, and John Duckworth found for the will.  James Latta, John Peoples, John Stephenson, Richard Rankin and wife, Eleanor Barry, and James Alexander were witnesses for the plantiffs.  Defense witnesses were Michael Stephenson and John McKnit Alexander.

The plantiffs appealed the case to Superior Court in Salisbury.  The March Term 1805 Superior Court also decided for the will stating: “The validity of this will being ascertained by the verdict of a jury and the judgement of this court, is ordered to be recorded and letters testamentary to be ifsued to the executors therein named..”

To the best of our knowledge at this time there was no further litigation and the terms of the will were enacted.
 

 

[birdguy 3,946]

My family history doesn't go back that far in the United States.  My Mom immigrated here from Belgium as a World War 1 refugee.  On my father's side my grandmother and grandfather immigrated here from Norway.  My grandmother was the oldest child so she inherited the farm.  When she got married there was friction between her husband and her younger brother over running the farm.  So she and her husband immigrated to the United States and bought a farm in Michigan.  They were from Baverfjord in Norway.  They also changed their name when they arrived in the United States from Gravoold to Sivertson.  Sivert was my grandfather's middle name and they just added 'son' to it to form their new surname.

As time goes on family histories change.  My oldest daughter married an Hispanic gentleman and her surname became Garcia.  The tree adds more and more branches as time marches on.

Noel

 

[W2DR 1,860]

I've been able to trace both sides of my family back to the time they arrived in "The Colonies". My mother's family came here from Ireland in 1732 and my father's from England in 1758.  My mother's folks settled in what is now Virginia and my father's in what is now North Carolina. What I find most fascinating of all is that in both the Revolutionary and Civil wars the two families were on opposite sides. My mother's on the winning side during the Revolutionary War and my father's on the losing side during the War Of Northern Aggression. 

[birdguy 3,946]

Interesting Doug.  Normally the aggressor is considered the side that fires the first shot.  Along with Remember Pearl Harbor and Remember the Alamo we should include Remember Fort Sumpter.

Noel