Will of Daniel Cain 1844; codicil 1849 Posted by Bonnie Cain Henrich on Tue, 16 Feb 1999 Surnames: Cain, Hutchins, Reavis, Cranfill, Powell, Holman, Cook, Foote, Frost, Harbin Will of Daniel Cain Of Davie County, North Carolina In the name of God, Amen! I, DANIEL CAIN of the County of Davie and State of North Carolina being of sound mind and memory do make ordain and declare this paper writing to be and contain my last will and testament, hereby revoking all forever wills and testaments by me made. First, it is my will and desire to be buried in a decent and Christian like manner. Second, I wish all my just debts to be paid. Third, I give to my beloved wife Elizabeth Hutchins Cain all that portion of my tract of land whereon I now live, lying north of the main big road, together with all my personal estate of every description, to have and to hold both real and personal estate, during her natural life only. Fourth, I give and devise to my beloved son Patrick H. Cain all that portion of my said tract of land lying on the south side of the above mentioned big road to have and to hold unto him and his heirs forever. And after the death of my said wife Elizabeth, I give and devise unto my said son Patrick H. all that portion of my said lands above devised to my said wife to have and to hold to him and his heirs forever. Fifth, It is my will and desire that my wife Elizabeth have the privilege of using water out of the spring on the south side of the road and that she have a free and uninterrupted right of way to and from said spring during her natural life, and it is also my will and desire that my son Patrick H. Cain have the use, possession and enjoyment of the dwelling house which he has built on the north side of the road in which he now lives, and that he have at all times a free and undisturbed right of way to and from said house. Sixth, After the death of my wife, I give to my son Patrick H. Cain, one negro boy named Frank, all my stock of horses, cattle, hogs and sheep, one set of blacksmith tools, one china press, one desk, one bureau, one folding leaf table together with all other property that I have not otherwise disposed of. Seventh, I leave to be sold at public sale by my executor the following negroes: Nan, Hannah, Sookey, Mary and Nance, and all their future increase and the proceeds arising from the sale thereof, I dispose of in the following manner: I give to my grandson Daniel Reavis eighty dollars and to my granddaughter Catherine Cranfill, twenty dollars. Eighth, To my grand children John L. Cain, Daniel J. Cain, Eliza J. Reavis, and Elizabeth H. Powell, I give the sum of twenty five dollars each. Ninth, It is my will and desire and I hereby direct that if there should be any increase from the negroes, Nan, Hannah, Sookey, Mary and Nance, after the date of this will, that such increase be valued by three disinterested men to be appointed by the County Court of Davie, uped the amount of such valuation shall be taken from the whole amount that said negroes and their increase bring at the sale above directed to be made out of which valuation of the increase of said amount to be given to my son Patrick H. Cain the one third part, and the balance of said valuation to be equally divided between my sons William Cain, Anderson Cain, Daniel Cain, Jr. and my daughters Nancy Reavis and Elizabeth Cain and the children of my daughter Mary Cain Holman, those already in being and such as may hereafter be born of the body of my said daughter Mary to have one equal share. Tenth, After deducting from the amount of the proceeds of sale of the above mentioned negroes and their increase, the amount of the valuation of the increase, and the legacy hereby directed to be paid to my grand son Daniel Reavis and my grand daughter Catherine Cranfill, my grand sons, Daniel J. Cain and John L. Cain and my grand daughter Eliza J. Reavis and Elizabeth H. Powell. The balances of the proceeds of said sale is to be equally divided between my sons, William, Anderson and Daniel Cain, Jr. and my daughters Nancy Reavis, Elizabeth Cain and the children of my daughter Mary Holman including such as may hereafter be born. Eleventh, The portions above given to my daughters Nancy Reavis and Elizabeth Cain are hereby declared to be given in trust to my Executor for the sole and separate use of my said daughters and the interest only to be applied to the use of my said daughters during their natural lives and the balances of the proceeds is to be equally divided among them after each set of children representing their mothers. Twelfth, I leave to be equally divided between my sons and daughters namely: William Cain, Anderson Cain, Daniel Cain, P.H. Cain, Nancy Reavis, Elizabeth Cain, and the children of Mary Holman, all my beds and bed clothing, contents of press, contents of kitchen, cupboard and cooking utensils. I hereby nominate, constitute and appoint my son Patrick H. Cain sole executor of this my last will and testament. Signed, sealed, published and declared on the 11th of September 1844 in the presence of Daniel Cain (Signed his mark) Witnesses: Harrison Cook Henry Foote _________________________________________________________________________ February 24, 1849 A Codicil to the Will of Daniel Cain I, Daniel Cain of the County of Davie and State of N Carolina do make this Codicil to be taken as part of my last Will and Testament as follows that is to say; whereas I have by said Will given to my Son, P.H Cain, one china press, one bureau, one folding leaf table and one large chest. Now I do hereby revoke and make void that part and that part only of said legacy to my said Son, P.H. Cain and I do hereby declare that my Will is that the above named property be sold by my Executor and the proceeds arising from the sale thereof to be equally divided between my Sons and Daughters to wit William Cain, Daniel Cain, Anderson Cain, Nancy Reavis, Elizabeth Cain and the Children of my Daughter Mary Holman and the portions here by given to my Daughters Nancy Reavis and Elizabeth Cain are hereby declared to be given in trust to My Executor for the same purposes as are their portions in the Eleventh Section of my said Will and be disposed of in like manner, in the State whereof have to this Codicil annext my last Will given under my hand and seal this twenty fourth day of February 1849. Daniel Cain (Signed his mark) Signed Sealed Published And Acknowledged in presence Of: Henry Foote Harrison Cook James Frost ----------------------------------------------------------------------- North Carolina September Term 1859 Davie County I hereby certify that the creation of this Will and Codicil was duly proven in open court by the oath of Henry Foote and Harrison Cook, two of the subscribing witnesses thereto and ordered to be recorded. A.A. Harbin, CLR Last Will Of Daniel Cain Recorded in Book No. 1 Page 169 _____________________________________________________________________ NOTE: This typed Will and Codicil of Daniel Cain of Davie County, NC was transcribed from a copy of the original hand written Will, which is stored in the NC State Archives in Raleigh, NC. Some of the words were very hard to read. It was transcribed to the best of my ability. Submitted by: Bonnie Cain Henrich and Mark Osage Cain Daniel Cain and Elizabeth Hutchins Cain were the parents of eleven children. He died at the age of ninety and she, at eighty-three. They are both buried at Bear Creek Baptist Church Cemetery in Davie County, North Carolina. ----------------------------------------------------- USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by Bonnie Cain Henrich, e-mail bonbon1206@aol.com