A Death Bed Wish

 
Sampson Gathings was born about 1782, a son of Philip Gathings and his wife Haney. He was never married. He died in Baldwin County, Alabama on 16 October 1830 leaving his entire estate to his nephew and namesake Sampson Gathings of Monroe County, Mississippi; a son of James and Jane (Jackson) Gathings of Union County, North Carolina.  
 

 
The State of Alabama}
Baldwin County} Orphan Court Special
Term Novbr 27th, 1844.
Personally appeared before me Peter C. Byrne Presiding Judge of the Orphans Court for the County of Baldwin and the State of Alabama Jobez Stapleton, who after being duly sworn deposes and says that he was present in the last and dying moments of Sampson Gathings deceased late of Baldwin County and State of Alabama who departed this natural life sometime about the 16th day of October A. D. 1830 and that he said Stapleton was called on to take notice and bear testimony that he the said Sampson Gathings did will and bequeath to his nephew Sampson Gathings the a minor the son of James Gathings of North Carolina his the said Sampson Gathings entire property consisting of ten or eleven negroes, one horse, one gun, one wagon and one pair of Pistols which said property he the said Sampson Gathings was then possessed of in fee simple and which he did will and bequeath to his nephew the said Sampson Gathings son of James Gathings to have and to hold forever in fee simple__ Witness further states that the names of said negros were as follows as well as he can recollect to wit: Harry, a negro man age about (27) twenty seven years Stephen, a negro man age about 27 and George a negro boy age about 17, Lucy, a negro woman age about twenty, Jinny, negro woman age about twenty three and Julia, a negro woman age about twenty__witness further states the said negro woman Lucy had three children the said negro woman Jinny one child and the said negro woman Julia one child, the names of which said negro children witness does not recollect, but which said negro children together with the negroes Harry, George, and Stephen, Lucy, Jinny and Julia above mentioned were the property of the said Sampson Gathings deceased being slaves for life and which slaves for life above mentioned Together with one Horse, one wagon, one gun and one pair of pistols he the said Sampson Gathings deceased late of the State of Alabama and Baldwin County did call in his last dying moments he the said Gathings being of sound mind and memory upon said witness to take notice and bear testimony that he did will and bequeath all of his property consisting as above stated of ten or eleven negroes to wit: Harry, George and Stephen, Lucy, Jinny and Julia together with three negro children of said negro woman Lucy and one negro child the child of Jinny and one the child of Julia all the property of the said Sampson Gathings deceased of Baldwin County and state of Alabama, and all the said negroes being slaves for life.__
Also one horse, One wagon, one gun and on pair of Pistols_Witness further States that in accordance with the dying Will and request of the said Sampson Gathings deceased as aforesaid he did within the time limited by law call on Patrick Byrne then presiding Judge of the Orphans Court of Baldwin County and state aforesaid and made oath to the above facts in substances and which were by said Patrick Byrne presiding Judge as aforesaid reduced to writing at that time __Witness further states that all of the above property consisting as aforesaid of ten or eleven negroes; to wit: Harry, George and Stephen, Lucy and her three children, Julia and her one child, and Jinny and her one child and also one horse, one wagon, one gun and one pair Pistols was by said Witness delivered over to James Gathings Father of said Sampson Gathings, minor as aforesaid and was by said James Gathings as aforesaid removed beyond witnesses knowledge.
Sworn to and Subscribed}
Before me in Open Court }
This 27^th day of Novbr 1844}                                   Signed Jobez Stapleton
P. C. Byrne
J.C.C.B.C.
Ordered to be recorded on the 28^th day of Novbr 1844.
P. C. Byrne, J.C.C,B.C.
Recorded same day.
Jas. D. Blue, Clk.
By W. Walker
 

 Sampson Gathings is my wife's 3rd Great Grand Uncle.



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"Alabama, Probate Records, 1809-1985," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-25319-23986-39?cc=1925446&wc=M6DK-WNL:220032901,220305801 : accessed 12 Sep 2014), Baldwin > Wills 1809-1934 vol A-C > image 57 of 718.
[Will Book A pages 91 & 92, Image 57 and 58]