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Hodge Probate Records
Dr. Thomas Hamm of Spiceland, Indiana (a descendant of Thomas Hodge/s) provided the original transcription of this will to Marty Hodge, who generously shared with me. In the name of God Amen I Thomas Hodges of the County of Edgecombe and State of North Carolina do make & ordain the following to be my last will & testament. Imprimis I cummend my Soul to Almighty God and my body I wish decently buried as my executors and friends may direct.
Item I lend to my loving and affectionate wife Sally Hodges for & during her natural life & no longer the House and plantation whereon I now live including the out Houses & the use of the land belonging to my plantation. I further lend to my loving & affectionate wife during her natural life & no longer the following Negroes to wit Mose, Orston, Isaac, Rose, Trease the elder I further lend to my affectionate wife during her natural life and no longer one good Bed bedstead & furniture the old riding chair &harness one horse called the Doctor also the buffatt one dozen mulberry chairs all the furniture that belongs to the buffatt one walnut table two pine tables one chest & one set bed curtains and two cows & calves.
Item I give bequeath & devise to my daughter Nancy Smith a tract of land bought by me of Lemuel Jelks & Jelks of Henry Philips situate and being in the County of Edgecombe; also four Negroes towit Jim Lewis mingo & Jenny and her increase besides other articles which I have already put in her possession to her & her heirs forever.
Item I give & devise to my daughter Elizabeth Digges that tract of land purchased by me of Lemuel Jelks, Jelks of John Dolvin & Dolvin of George Cotton situate and joining the lands of Moses Smith. I further give to my daughter Elizabeth Digges two Negroes to wit Lunner & Milly, one Bed bedstead & furniture, one trunk, one side saddle also the Bed cloathing which she got by her own industry one young Horse called pinkney to her & her heirs forever. I also lend to my daughter Elizabeth Digges that tract of land being over the crooked swamp purchased by me of Lemuel Jelks and Jelks of John Dolvin & Dolvin of Joshua Procter until me grand son Henry William Hodges arrives to the age of Ten years and no longer. But it is my desire and wish that he may have the sole entire and separate enjoyment of the said property without the same being liable or subject to the interference of her husband Starling Digges in any manner whatsoever nor shall the same be liable to pay or satisfy any of the debts which are or may be hereafter become due by the said Starling Digges; this legacy being intended for the only and separate maintenance of my said daughter and after her death it is my will and desire that the said property shall belong to her child or her children should she have any but should they die leaving no lawful issue of their body then it is my desire that the above mentioned gift of land be sold to the highest bidder & the money arising therefrom be equally divided amongst all my children. And in order to carry my intention aforesaid with respect to this legacy more completely into effect and to secure the said property to my daughters use as aforesaid I desire my executors to assist and protect her in the use of the same in such a manner that it may best answer the purpose aforesaid; and I hereby give to my executors and to each of them for that purpose all and every necessary and competent power and authority over the said property and every part of it.
Item I give & bequeath to my daughter Sally Hodges the following negroes towit; Daniel, William, Frank, and Treasy that I purchased of Doctor Haywood I further give to my daughter Sally one Bed bedstead & furniture also Bed and window curtains together with some bed quilts which she has acquired by her own industry; I further give to my daughter Sally the new riding chair, one Bay Horse called jack purchased by me of John Bolt one trunk and one side saddle. I further give to my said daughter Sally after the death of my wife the Negro man Mose which I lent to said wife during her natural life.
Item I give bequeath & devise to my Son Thomas Hodges that tract of land and plantation whereon I now live to him and his heirs forever reserving the use of it to my wife as above mentioned during her natural life. I further give to my Thomas one Negro man named Sam, the sorrel mares colt, one Bed bedstead & furniture & one mans saddle which he now claims.
I lend to my Son Thomas Hodges diring the life of his mother and no longer the following fields belonging the tract of land which I purchased of Richard Sessums to wit the Mill field the Champen field & the Cumberland field so called also the uncleared land within the bounds of the myrtle branch & the creek adjoining the above fields.
Item I give bequeath and devise to my Son Anthony Hodges all the tract of land and plantation which I purchased of Richard Sessums to him and his heirs forever except twenty acres which was purchased off of William Bryans land reserving the use of the fields as above mentioned to my son Thomas during the life of his mother. I further give to my Son Anthony Hodges one Negro land named Jim one saddle which he claims one Horse called Jack and one Bed bedstead & furniture to him & his heirs forever.
Item I give and bequeath to my daughter Penny the following Negroes to wit Mingo, Jeffry, Mary and Amelia. I further give to my daughter Penny one Rone filly called flower one trunk & one Bed bedstead & furniture to her and her heirs forever.
Item I give and bequeath to my Grand Daughter Nancy Digges one Negro girl named Alce one Negro Boy named Orston which I have lent to my wife during her natural life and parcel of feathers which her mother has procured her to make her a bed to her and her heirs forever--; but in case she should die without issue, then it is my desire that her mother Elizabeth Digges should have the whole subject to the same regulations & restrictions as the legacy given to my daughter Elizabeth digges. Item I give bequeath & devise to my Grandson Henry William Hodges that tract of land being over the Crooked Swamp purchased by me of Jeffry Jelks of Dolvin & Dolvin of Joshua Procter. I further give to my Grand Son twenty acres of land purchased by me of Richard Sessums & was purchased off of the lands of William Bryan which said twenty acres lies joining the lower side of the above mentioned Jelks tract to him & his heirs forever, but in case he should die before he arrives to the age of eighteen years then it is my desire that it be equally divided among my two daughters Sally and Penny. I further give to my Grand Son one Negro Boy named Isom to him and his heirs forever but should my Grand son as aforesaid die before he comes to lawful age then it is my will that my wife have the use of him during her natural life & no longer & after the death of my wife it is my desire that he be divided among my two sons Thomas & Anthony.
Item It is my will & desire that so much of my corn & meat remain unsold as will support my family plentifully the present year the remainder together with all the residue of my estate which is not already lent or given away I desire should be sold & the money arising therefrom be applied to the discharge of my just & lawful debts but should there not be a sufficiency to pay the same it is my desire that the following Negroes to wit Mingo, Isom, Sam, Jim & Daniel be hired out & the plantation which I purchased of Richard Sessums I desire should be rented out and continue to be hired & rented from year to year in order to discharge my debts as aforesaid. And it is further my will & desire that no division of my estate should take place untill all my debts be Finally settled.
Lastly I constitute & appoint my worth friends Jeremiah Hilliard Jacob Battle and Dempsey Battle whole & sole executors of this my last will & testament revoking all others heretofore made In witness whereof I have hereunto set my land & seal this 19th February Anno Domini 1800
Signed in the presence Thomas Hodges of R. Harrison Richd Hart
Edgecombe County May Court 1806
The within last Will & Testament of Thomas Hodges decd.—was exhibited in open Court and offered for probate and was proved by the oaths of R. Harrison and Richd Hart the only two subscribing witnesses thereto. But the executors therein named refused to qualify—administration therefore with the will annexed was granted to Randolph Cotton on the estate of the said decd—He was lawfully qualified and the Will ordered to be recorded.
Test E. Hale
Inventory taken by Randolph Cotton, admr., May 30, 1806, Nov. Ct. 1806. Account of sale of part of the estate of the admr., Jun. 12, 1806. Sally Hodges, Thomas Jr. was a buyer. Additional sale held Dec. 23, 1806 with Sally Hodges the principal buyer and Thomas Hodges bought. Account current with the admr. Audit and settlement of account, Aug. Ct. 1810.
Thomas Hodges of Livingston County Kentucky apptd James Hodge of same as attorney to collect from admr. of Thomas Hodges decd. and others-Jan. 20, 1810.
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