The Will of Temperance Russell

Temperance aka "Tempy" Russell, a seamstress and single mother, who lived in the small but growing town of Albemarle, North Carolina during the latter half of the 19th century until a little past the turn of the century, owned a little plot of land and left a will, that shows a little glimpse into her personality.

She took care of her family, in a time when it was very difficult for a woman without a husband to do. And when it was time for her family to take care of her, she made it clear in her will who had and who had not.

Tempy's will comes in three parts: The first part is that of witness statements testifying to the validity of the will. The second part is an addendum from A. P. Harris, the clerk of court accepting the will as authentic, and the last part is the will and the words of Tempie Russell herself.




The first two sections are merely legalese, and far too lengthy and boring to repeat word for word. Yes, I said it...boring...withall and hereto of the first part etc. etc. ad infinitum. They basically state that  A. P. Harris, Clerk of Superior Court, who is also involved with the family in a land transaction, has before him a piece of handwritten paper purported to be the will of Tempie Russell. It has a date of  February 22, 1908 and two witnesses, M. S. Smith and Ada Hathcock,who both testify, sign and seal to the statement, that they were present at the writing of the will and verify that it is actual and true and that no one coerced Tempy into writing it, and that she was also in her right mind, or "of sound mind and memory and of full age to execute a will".

And now for Tempy's will:

State of North Carolina
Stanly County

I Tempy Russell of the aforesaid county and state being of sound mind and memory, but feeble in health and knowing that my earthly existence according to my age is drawing to a close, and being desirous of disposing of what worldly effects I possess while I am living, make and declare this to be my last will and testament. In manner and form as follows: Viz

First    I desire that my executor hereinafter mentioned shall provide for my body a decent burial suitable to the wishes of my relatives and friends.

Second   I will and bequeath to my granddaughter Eva Eveline Eudy, wife of John Eudy all my personal property consisting of Household and Kitchen furniture now in the house where I live and all the house and lot where I now live. Being in the South side of the lot deeded to the said Eva Eveline Eudy, dated April 22, 1901, containing one half acre, more or less. 

Third  This last devise, item second, is made to the said Eva Eveline Eudy, with the proviso that John Russell, my son and Sallie Russell, his wife, have a house there as long as both of them shall live, and with the understanding that the said Eva Eveline Eudy and her husband, John Eudy, see that they, the said John Russell and Sallie Russell, is provided for and taken care of during their natural lives and at their death, see that they are decently buried. 

Fourth   My will and desire is that all of the property devised to the said Eva Eveline Eudy be hers to have and to hold during her natural life and at her death, to her bodily heirs, if she has any. If she has none, it is to be hers to will and to do with as she sees fit, provided however, that she comply with Item Third of this will.

Fifth    I will and devise to my grandson William Henry Russell, son of William Henry Russell, late of Augusta, Georgia, one dollar to be paid to him by my executor, When called for. I make this difference between my grandchildren for the reason that the said William Henry Russell has never lived in this part of the country and has done nothing for me, and I hope he is able to live without it, and for the reason that the said Eva Eveline Eudy, and her father and mother, has always lived with me, or near me, and have administered to my wants, in so far as they were able, and always treated me with respect and affection.

Sixth   I hereby nominate and appoint my friend S. H. Milton, my executor to this, my last will and testiment, to do and carry out to the true interest, and meaning, every part and clause of this, my last will and testament, In witness thereof, I hereto set my hand and seal this 22 day of February, A. D. 1908.

Tempe  (her mark) Russell


In the presence of us who at her request and in her presence subscribe our names as witnesses.

M. S. Smith
Ada Hathcock




So, Temperance Russell has given us a surprise in her will. It was only thought that she had one son, John A. Russell, who married Sarah "Sally" Carter. According to her will, she had another son, William Henry Russell, who had a son, William Henry Russell.

So, here are the hints Tempy gave us:

One, her grandson has never lived in this area.

Two, in 1908 he was in Augusta, Georgia.

Three, William Henry Russell, Sr., was not living in 1908.

Four, we also know that William Henry Russell, Sr. was not living with Tempy in the 1860 census, or any of those afterwards.

So where was William Henry the first in 1860? Where were Tempy and her boys in 1850? When and why did he migrate? When was he born and when did he die? Who was his father? Was he also a Melton?

So, the search for William Henry Russell is on, along with the origins of mother Tempy and also the origins of Sallie Carter Russell's father, Marcus P. Russell.

Tempy also referred to S. H. Milton as her friend. S. H. Milton was the son of Henry Harrison Milton/Melton, affectionately referred to as "Bud" in his father's letters.

The Letters of Henry Melton

Samuel Houston Milton served in several legal, political and business capacities in turn-of-the-century Albemare. Around the time of Tempie's will, he was the Mayor. Tempie evidently had strong ties to the Melton family. Can I find any more trace of her or her sons?

Tempy's Little Plot of Land

Farm and Haybales in Stanly County, NC from learnNC.org.










In researching Miss Temperance Russell, who was born sometime during the 1820's, most likely, within a range of 1817 to 1830, as given in the census records, I found that she owned a small tract of land, listed as one lot, in the early tax records of Stanly County, so with that fact in hand, I went to find mention of her in the County Deeds. 

It turns out, she bought her little plot of land from Davidson Hearne. The Hearne's were the family who donated the land for the fledgling town to be built upon and the courthouse to be erected on. The family was a most important one in the early running and business affairs of the town and county. Davidson Hearne, Eben Hearne, Nehemiah Hearne, are all names found heavily throughout the early records in various offices, land dealings and business matters. 

Tempy Russell was the mother of a son, John A Russell, with James R. Melton, another Albemarle businessman, who was a partner of Davidson Hearne in multiple ventures, and who named one of his sons, Davidson Hearne Melton. 

Instead of upload a nearly illegible scribble from the computer, I will include the important portions of these documents in this post. 

Davidson Hearne to Tempy Russell

This indenture made this 9th day of February, 1857 between Davidson Hearne of the county of Stanly + state of NCarolina of the first part and Tempy Russell of the County and state aforesaid of the second part, witnesseth that for and in consideration of the sum of twenty dollars to the said Davidson Hearne paid by the said Tempy Russell the receipt whereof is hereby acknowledged the said Hearne hath bargained granted and sold......beginning at a pine stump a corner of the big survey and by 3 white oaks and a red oak and runs to 6 ??? with a line of said survey 13 poles to a stake by a large spanish oak + sourwood, thence so. 13 poles...(13 poles square in each direction) containing one acre to have and to hold the aforesaid tract of land,,,,signed sealed and delivered in presence of D. A. Underwood.

The execution of the foregoing deed from Davidson Hearne to Tempy Russell was this 6th day of February, 1869 proved before the undersigned probate judge for said county by the oath and examination of D. A. Underwood the subscribing witness thereto, therefore let this acre and certificate be registered.  J M Redwine.


There are sales of property around Tempy, of ever-changing neighbors, in which she is named. I am sure I have only found but a small number of these. 

H. W. Spinks to T. E. Nash 

Stare of North Carolina, Stanly County  This deed made this 20th day of June 1881 by H. W. Spinks and wife Lucy Spinks .....to T. E. Nash...a tract of land .... adjoining the lands of Tempy Russell, W. H. Hearne, W. F. Hearne, and H. W. Spinks, bounded as follows. Viz. Beginning at a stake Tempy Russell's second corner runs so 13 poles with Tempy Russell's line to a stake at her third corner, hence south...containing one half acres more or less...

T. E. Nash to J Marshall

This indenture made this 24th day of January in the year Eighteen hundred and eighty-two between T. E. Nash and wife Bettie E. Nash....and Joseph Marshall...beginning at a stake in Tempy Russell's second corner and runs so 13 poles with Tempy Russell's line to a stake her third corner...W. F. Hearne, containing 1/2 acres or less...

N. J Marshall to John A. Moody

9th day of July, 1887...a tract of land in Stanly County..on the waters of...near Albemarle... and joining the  lands Tempy Russell, H. W. Spink and others...viz...begining at a stake - Tempy Russell's second corner..etc. ...the aforesaid Norra J Marshall.

H. W. Spinks and wife to  O. D. King, M.D.

..made the 8th day of March in the year of our Lord Eighteen hundred and ninety...between Henry W. Spinks and wife Lucy J. Spinks of the county of Union....and O. D. King...adjoins the lands of Mrs. Watkins and others...beginning in Russell's line, H. W. Spinks corner, ...stone at Russell's corner...to a white oak near the forks of the road...thence with the road...Russell's corner..thence with his line..to the beginning containing 4 acres..

Dr. O. D. King and wife to T. C. Hearne

...made the 27th day of January...1898...G. T. Dunlap's old line..J. A. Moody's corner..Tempy Russell's line...to a planted stone on Tempy Russell's corner...

John A. Russell, son of Tempy, was obviously considered the owner of the property in the one deed above, however, Tempy's property would not be the only one that John and wife Sallie Carter Russell would inherit. 

This indenture, made this the 20th day of July, 1895 between John A Russell and wife Sallie E. Russell and W. W. Kearns, for the sum of 12 dollars...It being the one third undivided interest, now owned by the said John A. Russell and Sallie E. Russell in and to the following lands to wit: Beginning  at a stake by 2 small hickory's, J. M. Parkers corner, ....to a post oak  in the Wm. Forrest line..with the Jordan line....containing 75 acres more or less and known as the Marcus Carter lands, now adjoining the lands of  William Forrest, deceased, J. M. Parker, Dupree Clodfelter, Thomas Mills and others. 



But back to Tempy, she wanted to make sure her grandchild, Eva Evelyn Russell Eudy, had a home. 

This Indenture, made the 22nd day of April, In the year of our Lord, One thousand nine hundred and one ...Tempy Russell of the first part and Eva Evaline Eudy, during her natural life and after her death to her bodily heirs, of the second part....in consideration of the sum of 300 dollars....in the town of Albmarle and known as a part of the Tempy Russell lot, bounded as follows, to wit: ....stump on T. C. Hearne's lot, running with the old line...containing one half acre, more or less. 


Then 8 years later, Eva Evaline sells her half-arce,

This Indenture, made the 12th day of February, in the year of our Lord  one thousand nine hundred and nine between Eva Evaline Eudy and John Eudy.... and M. F. Little...pine stump in T. C. Hearne's corner...a corner of the Big Survey...containing one half acre more or less.... The same being the lands conveyed to the said Eva Evaline Eudy by Tempia Russell on the 22nd day of April, 1901, and recorded in Book No 25 of Deeds for Stanly County. Also see deed executed by Davidson Hearne to Tempia Russell dated Feb. 9th, 1857 and recorded in the office of the Register of Deeds for Stanly County in Book No 6, on page 209.

Then after Tempy died in 1911.....

This indenture....7th day of August...1912...between John Eudy and wife, Eva Evaline Eudy, John Russell and wife Sallie Russell....on the first part and U. P. Harris on the second part...twelve hundred dollars...In the town of Albemarle joining the lands of J. R. Moss, L. A. Moody, M. F. Little and others, to wit: Beginning at an iron pin or stake at the South West corner of the lot conveyed by Eva Evaline Eudy to M. F. Little....being the same lot conveyed by Tempe Russell to Eva Evaline Eudy by will prior to her death which will is recorded in Book of Wills in the office of the Clerk of Superior Court of Stanly Couty, pages 532-533; and  said lot also being the Southern half of the vere lot conveyed by Davidson Hearne to Tempe Russell by deed dated 
February 9, 1857...book 6 page 209..the said John Russell and wife Sallie Russell hereby join in the execution to this deed and quit-claiming to A. P. Harris the grantee herein named their right to have a home on said lot of land as long as they both shall live  and for the purpose of expressly waiving releasing and ...executed February 22, 1912...recorded in the book of wills on or about the 10th day of June 1908 on pages 532-533.

And with that, Tempie's little piece of land passed out of the hands of her family into the hands of a businessman. Today, the lot once occupied by the Russell's is likely under a store building or municipal office. That is unknown. The closest location to be estimated on where she lived in near the current location of the Albemarle Sweet Shop at 128 King Avenue. It is guessed Dr. O. D. King owned or lived on part of the lot and it is known that members of the Hearne family lived in the house beside the Lutheran Church and across from the present courthouse, now preserved by being turned into an attorney's office.  

Tempy left a will. In my next post, that will be featured.