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Joel Lane’s Will

Joel Lane died on March 29, 1795, and his wife Mary passed only five days later. There are no records to indicate what caused their deaths, though the proximity of their death dates suggests it may have been a contagious illness. Joel’s property was divided amongst his ten living children in his will that was entered into the Wake County Court records on February 7, 1798.

The will dates to October of 1794, less than six months before Joel’s passing. His two eldest sons, Henry and James, were named executors alongside his “true and trusty friends” John Whitaker, Theophilus Hunter Junior, and Kimbrough Hinton. Hunter was likely related to the family into which James had married, while Hinton was Joel’s brother-in-law.

Had Joel’s wife Mary lived, she would have inherited the use of the manor plantation, land, and everything not explicitly given to someone else, including furniture, cattle, horses, and tools. She also was given nine enslaved persons, some of whom may have been elderly. After her death, everything given to her would pass to her children. However, Mary’s death only days after her husband’s complicated the inheritance. In the five years after Joel and Mary’s deaths, the house’s furniture and the enslaved people that Mary inherited were sold.

Joel’s eldest three sons, from his first marriage to Martha Hinton (Mary’s elder sister, who died in 1771), were given several hundred acres of land. Henry and James were each given 200 acres of land connected to that on which they were already living. William was granted 640 acres of land to the west of the mountains.

The next eldest son John was given a considerable amount of land, along with the cattle and hogs on that land, furniture and plantation “utensils” (perhaps that went with the land that he was assigned), and four enslaved individuals. The youngest son Joel Hinton Lane received over 2,000 acres of land, in multiple pieces, and three enslaved individuals.

It was Thomas Lane who, at the age of ten years old, inherited the house today known as the Joel Lane House. He was the oldest boy living at home at the time of the will being made. He received several thousand acres of land and three enslaved individuals. The will provisioned that Mary and Thomas would run the house and plantation together until he reached his majority, at the age of 21, had his mother lived.

As he was underage at the time of his parents’ deaths, his cousin Martin Lane became his guardian. Thomas later sold the house to his sister Dorothy’s husband, Dr. Allen W. Gilchrist.

Joel’s daughters inherited considerably less than his sons did, as was standard at the time. Though each state’s laws differed on what daughters could inherit, they often inherited enslaved persons and household items, but not land. (To find out more about inheritance in the late 18th century, read this article.)

Martha, Elizabeth, Dolly (named Dorothy), and Grizelle each received three enslaved people, a feather bed, and furniture. The will shows how enslaved families were often broken up upon the death of an enslaver by being divided amongst their children.

Plus (click or tap to expand) + See a complete transcription of the will.

The following is a transcript of Joel Lane’s will as entered in the Wake County Court records on February 7, 1798. The spellings are as in the original.

In the Name of God Amen I Joel Lane in the County of Wake and State of North Carolina, being in good health, and of sound and purfect mind and memary but Calling to mind the Certainty of Death, and the uncertainty of the time thereof do make and ordain this my Last Will and Testament in manner and form following….

Imprimer, I give and Bequeath unto my Son Henry Lane and his heirs forever all that part of a Tract of Land which Contains Two hundred acres, that lies of the North of Stephen’s Branch adjoining his own Land….

Item I give and Bequeath to my son James Lane his heirs and assigns forever all that part of a Tract of Land which Contains Two hundred acres that lies on the North of Stephens Branch adjoining his own Land…

Item I give and bequeath to my Son William Lane his heirs and assigns forever Six hundred and forty acres of Land lying on the West Side of the mountains, on Harper [sic] River….

Item I give and Bequeath to my son John Lane his heirs and assigns forever three tracts of Land on Beaver Creek VIZ, one purchased of Elizabeth Taylor, one of Benjamin Taylor and one Taken up by myself containing in the hole Sixteen hundred acres, also all my Stock of Cattle and Hoggs, on the Said land, and also the Household and Kitchen furniture and plantation utensils, and the following Negroes VIZ Austen, Peter, Affie, and Clansey and their future increas

Item I give and Bequeath to my son Thomas Lane his heirs and assigns forever, all that part of the Land purchased of Col. Joseph Montforte which Lies west and North of the Town Lands, also all the Land purchased of William Barton and John Blake lying on the West Side of Said Town and including my manor plantation, reserving to my wife as hereafter mentioned, also seventy five acres purchased of Henry Lane North of said L[torn] and also all that part of a tract of Land which Contains Two hundred acres that lies on the South Side of Stephen’s Branch, also three hundred and Twenty acres of Land lying on both sides of Rockey Branch, beginning at a pine on the North Side of Said Branch a Little below the mouth of Silverleaf Branch, also one entry of Land lying on both sides of Rockey Branch, Containing four hundred acres, also one Thousand acres of Land lying West of the mountains on Duck River, being one half of a Tract Containing Two Thousand acres, also the following Negroes VIZ Jim Boy, Jeffry and Cloye and her future Increase….

Item I give and Bequeath to my son Joel Hinton Lane his heirs and assigns forever, all my Land lying East of the Town Land and grassey Branch bounded on the North by my old Lines, on the east by the Land of my son James Lane on the south by the land of Joshua Sugg, and on the west by the aforesaid grassey Branch and the Town Land, Containing by estimation four hundred acres, also five hundred acres of Land lying on both sides of Simmon Branch, also three hundred and Twenty acres of Land lying on both sides of bushey Branch, also one Thousand acres of Land lying West of the mountains on Duck River being one half of a Tract Containing Two Thousand acres as aforesaid, also the following Negroes VIZ Virgil, Hinton and Rose, and her future increase….

Item I give and Bequeath to my Daughter Martha Lane, her heirs and assigns forever the following Negroes VIZ Sam, Phill, Sally, & Nancy and their future increase, also one Feather bed and furniture

Item I give and Bequeath to my daughter Elizabeth Lane her heirs and assigns forever the following negroes Viz, Frederick, Moses, & Kissey, & her future increase also one Feather bed and furniture

Item I give and Bequeath to my Daughter Dolly Lane, her heirs and assigns forever the following Negroes VIZ Davie, Britain and Judy and her future increase also one Feather bed and furniture

Item I give and Bequeath to my Daughter Gresseal Lane her heirs and assigns forever the following Negroes VIZ, Ben Selvey and Beckey and their future increase….

Item I leave to my beloved Wife Mary Lane during her widowhood or until my son Thomas Lane arrives to the age of Twenty one years the use of my manor plantation, and I give and Bequeath to my Loving Wife Mary her heirs and assigns forever Six hundred and forty acres of Land lying on the head Branches of Crab Tree Creek, Ready Creek, and Black creek also two lotts in Averilsborough and all my Lotts and their improvements in the City of Raleigh, and also thirty acres of Land be the same more or less lying between the City and Rockey Branch, and the following Negroes VIZ Will, Old Ned, Jack, old Rose, Vilot Hasty, young Ned, Archer, Cate and Suckey and their future Increase, and all the rest of my Estate real and personal, not in here before bequeathed, Consisting of Horses, Cattle, Hoggs, and Household and Kitchen furniture, plantation utensils, my Crop of all kinds growing on my plantation at the time of my death, all my out Standing Debts, and my money in hand and one sett of Black Smiths tools, out of which she is to pay all my Just Debts, which my Executors hereafter mentioned is to see performed, and for the better support and maintainance of my Children; my Will is that my Wife Mary Lane Keeps these estates together during her Widowhood or untill they respectivly Come to Lawful age or marry,

Lastly, I do nominate constitute and appoint my true and trusty friends John Whitaker, Theophilus Hunter Junior, Kimbrough Hinton and my two sons Henry Lane and James Lane Executors of this my Last Will and Testament and do hereby revoke and annul all former Wills by me made ratifying and Confirming this and none other to be my Last Will and Testament in Witness whereof I ha [illegible] herewith Set my [torn] and Seal this 22[?] day of Oct. 1794
Signed, sealed and ordered to be the Testators last Will and Testament at the presents of: John Marshall (Jurat)
Archibald Jett
Henry Dillard (Jurat)
Jeane (her + mark) Guffy.
Joel Lane
Wake County, June Sessions 1795: The within last Will and Testament of Joel Lane Esqr. deceased, was duly proved in open Court by the Oath of John Marshall Esqr. and Henry Dillard. Subscribing Witnesses there to and ordered to be recorded. H. Lane. C. C.
Recorded in the Clerks Office in the County of Wake in Book E and page (54) the 7th day of February 1798.
Nathl. Lane. C. C.

Transcription corrected by Belle Long 2012.10.19 and edited by Nicole Ackman 2022.06.07.