Christmas ~ Haywood ~ Hayley ~ Weatherford ~ Cash ~ Walker:Information about Lewis Yancy Christmas
Lewis Yancy Christmas (b. 01 Jan 1792, d. 08 May 1859)
Notes for Lewis Yancy Christmas:Text of the Lewis Y. Christmas' will is available in the North Carolina Archives:
I Lewis Y. Christmas of Warren County and the State of North Carolina being of sound mind and disposing memory do make and publish this my last will and testament, hereby revoking and making void all former wills by me at time heretofore made I direct that my body be buried and my funeral conducted in such a manners as to my executors shall seem best, and as to such worldly estate as it has pleased God to bestow upon me, I dispose of the same as follows. I direct that all my just debts which I may owe at the time of my death and my funeral expenses shall be paid as soon after my decease as possible.
Item 1st, I give and bequeath to my friend William Plummer of the town of Warrenton, my faithful and favorite Negro man William, usually called William King.
Item 2nd, I give and bequeath to my friend Kemp Plummer my Negro boy named Caswell.
Item 3rd, It is my will and desire, and I do hereby direct that my slaves Christopher, Keziah, Henry, Marcus, Erasmus, Nancy, Jane and her three children, Laura, Frank and Davy, and all of their increases from the date of this will shall be emancipated as soon after my decease as it can be done consistently with the laws of the State, and they are to be removed according to the act of Assembly beyond the limits of this State, and they are to be carried to one of the non-slave holding States of the American Union. All expenses which may be incurred by my executor in causing the emancipation and removal of said slaves are to be paid out of my estate.
Item 4th, I give and bequeath to my executor hereinafter named in trust for the negroes named in the preceding item of my will, the sum of Ten Thousand Dollars, which sum he is to divide among the said slaves and their increases as aforesaid in equal portions, but before any division shall be made it is my will and desire that my executor shall cause a guardian or guardians to be appointed in the non-slave holding State or States in which they may reside, to such of said negro slaves as may be then under twenty one years of age.
Item 5th, I give and bequeath unto Joseph Speed Jones of the said Count y of Warren, my executor hereinafter named the sum of Five Thousand Doll ars as a compensation (in addition to the commissions allowed by law) fo r his trouble in causing the emancipation and removal of said slaves, and for the other services required of him as executor; and it is my will and desire that if from any cause the said Joseph S. Jones shall refuse or fail to take upon himself the execution of this my will, or shall refuse or fail faithfully to carry out its provisions then that the above legacy to him shall not take effect.
Item 6th, If the said Joseph S. Jones shall refuse of fail to take upon himself the burden of the execution of this my will, or shall die befor executing the same, then I give and bequeath to the person or persons who may be appointed by the County Court of Warren County, administrator s on my estate, the sum of five thousand dollars (in addition to the com mission allowed by law) as a compensation for his services in faithfully carrying out the several provisions of my will.
Item 7th, All of the residue of my estate of every description whatever , both real and personal, including all real and personal estate which I may hereafter acquire except the increases of the slaves herein before directed to be emancipated, I give, devise, and bequeath unto my friend, William Duke Jones of said County of Warren, unto him, his heirs, executors, administrators and assigns, And I do hereby nominate and appoint m y friend the said Joseph Speed Jones executor of this my last will and testament.
In testimony whereof I have hereunto set my hand and seal this 6th day of October A.D. 1857.
L. Y. Christmas (seal)
Witness
John Watson
Wm Eaton, Jr.
Written on the will is the following: Will of L. Y. Christmas - February Court 1862 - Recorded Pursuant to order page 414 tc - Jno. W. White Cl erk
Codicil to the above will.
I Lewis Y. Christmas, of Warren County and State of North Carolina do m ake and publish this writing as a codicil to my last will and testament which said will is dated 6th day of October, A.D. 1857 and is witnessed, by John Watson and Wm. Eaton, Jr.
Whereas in the 3rd; Item of my said will, I have directed a slave by the name of Nancy to be emancipated and I have two slaves by that name, now for a greater certainty, I do hereby declare that I mean Nancy the younger. And whereas in the 5th; Item of said will I have bequeathed the sum of five thousand dollars to my executor, Joseph Speed Jones, in addition to the commission allowed by law, for his services therein mentioned, and in the 6th; Item have given the same amount to any person who may be appointed administrator of my estate by Warren County Court in the contingency therein mentioned, now I do hereby reduce the said sum down to four thousand dollars in the same manner as if the last mentioned sum had been originally in the said 5th and 6th Items of my said will.
I do further direct that my executor is to have power to remove the slaves here to be emancipated in said will, not only to any part of the Uni ted States where slavery does not exist and where it may be lawful for him to carry them; but also to Mexico, if he shall think proper so to do; and if he shall carry any of them to Mexico he is to act in the same manner to all intents and purposes, and have the same powers and duties in reference to them as if they had been removed to any non-slave holding State of the American Union. The monnied legacies mentioned in said will and the expenses incident emancipation and removal of the slaves who are directed in said will to be emancipated, I do hereby charge upon the residue mentioned in the 7th Item of my said will, and I do hereby authorize and empower my executor to sell a sufficiency there of to raise the requisite amount of money. In testimony whereof I have here unto set my hand and seal this 5th day of June A.D., 1858.
L. Y. Christmas (seal)
Witness
John Watson
Wm.Eaton, Jr
NORTH CAROLINAOffice of Court of Pleas
Quarter Sessions
COUNTY OF WARRENDecember 28th, A.D. 1867
The execution of this within Release by Marcus G. Christmas
to William D. Jones is this day acknowledged before me,
William A.White, Clerk of said Court, by said Marcus G.
Christmas.Therefore, let the said Release and this
certificate be registered
William A. White, Clerk of
Warren County Court
RELEASE: Marcus Christmas to William D. Jones
Duly registered in Book 32, Page 530
January 7, A.D. 1868
Isham H. Burnett, R.W.C.
( 80 cents due)
COMPLAINT
STATE OF NORTH CAROLINAIN EQUITY
:
WARREN COUNTYTO FALL TERM 1866
TO: The Honorable, the Judge of the Court of Equity for Warren County
The bill of complaint of Keziah Christmas, Erasmus Christmas, Thomas A. Montgomery as administrator ofHenry Christmas and of Jane Ward, dec'd, Frank Ward, Laura Ward,and David J. Ward, the last three being infants under the age of twenty-one years and suing in this behalf by John Ward, their next friend and guardian ad litem, and Trim Skinner and Nancy, his wife, all citizens of said county;
against
Joseph S. Jones as executor of Lewis Y. Christmas, dec'd, and Christopher Christmas and Marcus Christmas;
HUMBLY COMPLAINING, show unto your Honor your orators aforesaid, that Lewis Y. Christmas, late of Warren County aforesaid, died sometime in the year 1859, leaving a Last Will and Testament, with Codicil thereto, executed as to property both real and personal estate, which after having
been contested in the County Court of Warren County, carries by appeal to the Superior Court of said County and having been moved by order of said court to the Superior Court of Halifax County for trial as admitted to probate and declared to be the Last Will and Testament and Codicil thereto of said Lewis Y. Christmas at April Term 1862 of said Court.The said Will is now recorded and filed in the
Office of the County Court of Warren County and a duly certified copy thereof is herewith filed as an exhibit in the suit.The defendant, Joseph S. Jones, who was nominated and appointed Executor of the said Will, duly qualified as such at May Term 1862 of the County Court of said County.
FURTHER COMPLAINING, your orators show unto your Honor that by his said Will, the said Testator devised and bequeathed as follows, to wit:
"ITEM 3rd. It is my wish and desire and I do hereby direct that my slaves: Christopher, Keziah, Henry, Marcus, Erasmus, Nancy, Jane and her three children, Laura, Frank and Davy and all their increase, from the date of this said Will shall be emancipated as soon after my decease as it can be done consistently with the laws of the State, and they are to be removed according to the Act of Assembly, beyond the limits of this State, and they are to be carried to one of the non-slaveholding states of the American Union. All expenses which may be incurred by my Executor in causing the emancipation and removal of said slaves are to be paid out of my estate.
"ITEM 4th. I give and bequeath to my Executor hereinafter named in trust for the negros named in the preceding Item of my Will, the sum of Ten Thousand Dollars, which sum he is to divide among the said slaves and their increase as aforesaid in equal portions, but before any divisions shall be made, it is my will and desire that my Executor shall cause a guardian or guardians to be appointed in the non-slaveholding state or states in which they may reside to such of said negro slaves as may then be under twenty-one years of age."
And, by the said Codicil to said Will, he bequeathed as follows:
"WHEREAS in the 3rd Item of my said Will, I have directed a slave by name Nancy to be emancipated and I have two slaves by that name, now for greater certainty, I do hereby declare that I mean Nancy the younger..."
"I do further direct that my Executor is to have power to remove the slaves directed to be emancipated in said Will, not only to any part of the United States where slavery does not exist and where it may be lawful for his to carry them, but also to Mexico if he shall think proper to do so; and if he should carry any of them to Mexico, he is to act in the same manner to all intents and purposes andhave the same power and duties in reference to them as if they had been removed to any non-slaveholding state of the American Union."
"The monied legacies mentioned in said Will and the expenses incidental to the emancipation and removal of the slaves who are directed in said Will to be emancipated, I do hereby charge upon the residue mentioned in the 7th Item of my said Will, and I do hereby authorize and empower myExecutor to sell a sufficiency thereof to raise the requisite amount of money."
"Item 7th. All of the residue of my estate of every description whatever, both real and personal, including all real and personal estate which I may hereinafter acquire except the increase of the slaves herein before directed to be emancipated, I devise and bequeath unto my friend William Duke Jones of said County of Warren, unto him, his heirs, executors, administrators and assigns."
"Item 8th. And I do hereby nominate and appoint my friend, the said Joseph Speed Jones, Executor of this my Last Will and Testament."
FURTHER COMPLAINING, your orators show unto your Honor that the said Testator at the time of his death was seized and possessed of a large real and personal estate, situated in said County of Warren, consisting of a large tract of land, one hundred slaves or more, a large amount of produce, and on his farm stock of various kinds and of considerable value, and had due him a large sum in small secured debts against solvent debtors. That the said Joseph S. Jones immediately after his qualification as Executor as aforesaid, took possession of the whole of the estate of his said Testator under the provision of his Will; that very soon thereafter he turned over the possession of the whole of the real estate and nearly all the negros to the said William Duke Jones, the residuary legatee mentioned in the7th Item of the Will as aforesaid, who used them on his own and exclusive use and benefits until the liberation of the slaves by the proclamation of the President in the early part of the year 1865 and still continues so to use and occupy all the real estate, all the stock plantation tools of every kind and description and produce on hand once also named and delivered to the said Jones as residuary legatee and have been used and consumed by him. That the said defendant, Joseph S. Jones proceeded to collected the debts due the estate of his Testator and your orators are informed and believe and so answer and charge, has collected a very large amount thereof, but what sum your orators are now notable to state; that the said Testator was very little indebted at the time of his death, being always before in money matters; and your orators answer and charge that the amount collected by the said defendant Jones is much more than was required to pay the debts of his Testator and as they now think was nearly enough to pay them their legacy under the said Will.
FURTHER COMPLAINING, your orators show unto your Honor that they are advised and believe it was the duty of the said defendant to have removed them beyond the limits of this State to some non-slaveholding state and that they were always willing to accompany him in such removal whenever he might deem it practicable and judicious to make it. But no effort was ever made by the said defendant to remove them or either of them. This they suppose was owing to the fact that before the Will was admitted to probate, the late war between the United States and the Confederate States began and it had become very difficult, if not impossible, to remove them to any state of the United States when many did not exist. Why no effort was made to take them to Mexico, which might have been done under the Codicil to the Will, they were not informed. Your orators now answer that they never at any time made objection to being removed to any place to which they might have been carried according to the Will and Codicil thereto. They are now informed and believe that since the emancipation of the slaves in North Carolinathey are now free and it is not necessary for them to remove to any state where slavery is not tolerated to have their said legacy paid over to them. That the provision for the removal of your orators to some non-slaveholding state was rendered necessary by the laws of North Carolina, which rendered it unlawful to allow emancipated slaves to remain in the state, but that since the repeal of these laws, they are now entitled to remain here and enjoy the rights and privileges of freemen. But that if such should not be the case, they are now willing to remove to some non-slaveholding state in compliance with the terms of said Will.
FURTHER COMPLAINING, your orators show unto your Honor that your orators, Keziah, Erasmus, Laura, Frank and David J. are five of the slaves named and emancipated by the 3rd Item of the said Will; that Henry mentioned in said item died sometime in the year 1862 after said Will was admitted to probate and letters of administration on his estate were granted to the plaintiff, Thomas A. Montgomery at the August Term 1866 of the Court of Pleas and Quarter sessions of Warren County foresaid; and that Jane also named in said 3rd Item of the Will died sometime in the year 1865 andletters of administration upon her estate were issued to the plaintiff Thomas A. Montgomery in the August Term 1866 of the Court of Pleas and Quarter sessions of Warren County aforesaid; that the complainant Nancy is one of the slaves and legatees liberated under said Will and had intermarriedwith the complainant Trim Skinner; that the defendants Christopher and Marcus are the other persons mentioned in the said 3rd Item of the said Will and that the said Nancy intermarried with the defendant Trim. Since the probate of said Will there was no increase of said slaves after making of said Will before their liberations.
FURTHER COMPLAINING, your orators show your Honor that by a proper construction of the said Will they are advised that they have a right in this Honorable Court to have their said legacy of Ten Thousand Dollars given in the 4th Item of said Will to the said defendant Joseph S. Jones as trusteefor the persons mentioned in the preceding Item of the Will, divide among them as follows: one thousand dollars each to your orators Keziah, Erasmus, Laura, Frank and David J. and one thousand dollars to Thomas A.Montgomery as administrator of said Henry, dec'd, and one thousand dollars to said Montgomery as administrator of the said Jane, dec'd, and one thousand dollars to Trim Skinner and wife Nancy, one thousand each to the defendants Christopher and Marcus.And your orators are informed that they are now entitled to have the said legacy paid to them in gold or its equivalent in currency with interest on the same from the time of the death of the said Testator. They have several times applied to the said defendant Jones for a settlement and payment of their legacies which he has declined to do unless under a decree of this Honorable Court or some other court of competent jurisdiction.
THE PLAINTIFFS Laura, Frank and David being infants under the age of twenty-one years and having no regularly appointed guardians now sue in this behalf by their next friend and guardian ad litem, John Ward, who is their father.
FURTHER COMPLAINING, your orators show unto your Honor that they are informed and believe that by a proper construction of said Will and Codicil thereto, the legacy to your orators and the said defendants was charged upon the whole of the real and personal estate of the said Testator and that the defendant took possession of an amount thereof largely more than enough to pay his debts and all hislegacies and that it was the duty of the said defendant Jones to have collected enough of the debts of his said Testator and to have sold enough of the perishable and real property belonging to his estate to have paid and satisfied the legacy due them and that your orators are now entitled to have their legacy paid to them out of any part of the estate of said Testator either personal or real.
ALL OF WHICH actings and doings are contrary to equity and good conscience and tend to the manifest wrong and () of your orators in the premises.
WHEREFORE, and for as much as your orators are without remedy save in this Honorable Court, where matters of this kind are properly cognizable and remediable. To the end that the defendants may on their corporal oaths further direct and perfect make answer to all and singular the matters of fact herein before set forth and charged as fully and perfectly as if they now repeated and they especially interrogated as to each and that your orators may have a decree that the defendant Jones pay to them the legacy of one thousand in gold or its equivalent in currency with interest thereon from the time of death of said Testator and that they may have whatever other and further relief their case may require, or may be necessary, that justice may be done in this premises. May it please your Honor to order the Writ of Subpoena to issue to said defendant Jones and Christopher and Marcus with copies of this bill commanding them to appear at the next term of this Honorable Court to be held for the County of Warren at the Court House in the Town of Warrenton on the 3rd Monday after the 4th Monday in September 1866, then and there to answer the premises and to stand to abide by therefrom such Order, Judgment and Decree as may seem just and a ccording to the course of this Court to be made in the premises;
And as bound your orators Roger
& Batchelor for Complainants
IN COURT
WILLIAM ESTON JR.
NORTH CAROLINA
:
WARREN COUNTY
Keziah Christmas, and othersSUPREME COURTvs.JANUARY TERM 1868
Joseph S.Jones, Executor, and others
William Eaton Jr., being duly sworn before me, Charles M. Cook, Clerk and Master of Warren Court of Equity, deposes and says as follows, to wit,
Mr. Lewis Y. Christmas, now deceased, on the day of the date of my receipt now before me placed in my hands the claims therein mentioned, but according to my best recollection, he told me not to sue upon them unless I should be ordered to do so.From my conversation with him, from my knowledge of his kind and indulgent disposition towards his debtors, and my own desire to indulge when if I could do so consistently with my professional duty, I did not in his lifetime sue on any of their claims.
After his death, and several years since, (the exact time not being now remembered) I mentioned the facts of the case to Mr.Joseph S. Jones and proposed to him to return the claims to him and to take in my receipt. To this he assented, but stated that he did not then have my receipt with him, but that he would bring it to me, and that I could then give up the claims. I therefore did not sue upon any of them after the death of Mr.Christmas, but considered myself as holding them until Mr. Jones could call for them, and for no other purpose whatever. He delayed to call for them a considerable time, and to the best of my recollection I mentioned the subject to him again two or three times.
Shortly after my doing so the third or fourth time he called at my office on the 13th November, 1867 and took in all the claims mentioned in the receipt, and also took in some other claims not mentioned in said receipt, but which are set forth in his receipt to me. The receipt taken by me from Mr.Jones for all the claims delivered up to him as aforesaid is dated November 13, 1867 and is filed with thisaffidavit. There is, however, a bond, mentioned in said receipt of mine, against John R. Bradford for Two Hundred and Thirty-three Dollars an d 50/100 due September 18, 1855, which is not mentioned in the receipt of said Jones. I do not find that bond among my papers, nor do I find by reference to the records that any suit was ever brought upon it. I cannot, after the lapse of so long a period of time speak positively upon the subject, but according to the best of my recollection, that claim was arranged and settled between the said Lewis Y. Christmas in his lifetime, and the said John R. Bradford.
According to my understanding, there was nothing whatever after said settlement, in my hands belonging to the Estate of Lewis Y. Christmas, by reason of any receipt of mine for claims for collection or any other cause whatever, and nothing has been due in any way since my above mentioned settlement with Joseph S.Jones, Executor as aforesaid.
Mr. William K. Barkam of Warranton was present at the time the above receipt was signed and the body of the receipt of the said Jones is in the hand writing of the said Barkam.
Wm. Eaton, Jr.Sworn to and subscribed before me,
C. M. Cook, C.M.E.
by C. W. Spruill, Deputy C.M.E.
Court order payment.
FRANK WARD
LAURA WARD
DAVID WARD
Keziah Christmas, and othersSUPREME COURT
vs.JUNE TERM 1869
Joseph S.Jones, Executor, and others
IN THIS SUIT, the Commissioner appointed at the last Term of the Court having filed his report of the sale of the land and no exceptions being filed thereto, it is confirmed in all respects.
IT IS THEREFORE ordered and decreed by the Court that the Clerk of this Court pay all the costs of this suit, including the sum of $175.00 allowed him for his services as commissioner; and the sum of $10.00 allowed W. T. Alston, auctioneer; and that he pay and distribute the balance of the cash in hand to the plaintiffs according to their several rights as declared in the decree made in this suit at the last Term of this Court; which sum is to be paid to the said parties on their attorneys of record, and
IT APPEARING to the Court that the plaintiffs Frank Ward, Laura Ward and David J. Ward are infants under the age of twenty-one years and have no regular guardian of their estate, it is ordered and decreed by the Court that the Clerk hand out such sum as may be due them until a guardian is appointed, taking good security for the repayment thereof with interest, payable annually at eight percent.
IT IS FURTHER ordered and decreed that the Clerk collect these bonds given by the purchasers of the said land as soon as they become due and pay the amount received on these invoices to the said plaintiffs according to their rights and interests as declared in the decree at last term of this Court; and that when the whole amount of the said purchase money is paid by each of the said purchasers for the part purchased by them that the Clerk make title to the party then paying for the part of said land thus purchased by him.
IT IS FURTHER ordered that this decree be uncalled.
Pearson
More About Lewis Yancy Christmas:
Burial: Unknown, Hwy 1001, Warren County, NC.
Children of Lewis Yancy Christmas and Keziah Unknown are:
- +Delia Christmas, b. Abt. 1838, NC, d. date unknown.
Children of Lewis Yancy Christmas and Jennie Unknown are:
- +Henry Christmas, d. date unknown.
- +Jane Christmas, d. date unknown.
- Richard Christmas, d. date unknown.
- Ann Christmas, b. 01 Jan 1822, d. date unknown.
- +Junius Christmas, b. 01 Jan 1823, d. date unknown.
- +Seth Christmas, b. 01 Jan 1825, d. 01 Jan 1907.
- +Mary Christmas, b. 01 Jan 1827, d. date unknown.
- +Christopher Columbus Christmas, b. 08 Oct 1827, d. 16 Mar 1919.
- +Erasmus Christmas, b. Mar 1830, Warren County, NC, d. 1910.
- Martha Christmas, b. 1831, d. date unknown.
- +Marcus George Christmas, b. 1834, Halifax County, NC, d. 15 Apr 188363.
- +Nancy Christmas, b. 1835, d. date unknown.