Orange County NcArchives Wills.....Albright, Daniel August 5, 1826 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 176-178 Written: August 5, 1826 Recorded: May 1843 Testator: Daniel Albright in the name of god Amen I Daniel Albright of the County of Orange & state of North Carolina being in sound mind & memory Do make this my last will & testament Disanulling all other wills by me heartofore made ~ I recomend my soul to god who gave it & my body to be Decently buried at the Descretion of my friends ~ as it has be[e]n gods will to bless me with property I wish to Dispose of it in the fol[l]owing man[n]er & form As I have heartofore giveon to my soninlaw William Montgomery the following property namely one Negroe woman named Rose at three hundred & fifty Dollars & also two hundred & fifty Dollars to pay for Bob & Raichel also the Jacob tract of land containing two hundred & seventy seven acres at one thousand three hundred & eighty five Dollars also one half of the mill tract of sixteen acres at two hundred & fifty Dollars ~ also I have giveon fifty acres out of the old tract I live on to Willi =am & Sarah Montgomery to build on provided we cannot agree to live with each other ~ then after the Death of my wife Elizabeth I give the ballence of the old tract to them & their heirs borne of my Daughter Sarah Montgomery & no others for ever ~~ also I have givion William & Sarah Montgomery in trust During their life time or assignment to my grand children ~ the Negroes as follows namely Cain a man Letty a woman & hir in creas[e] as fol[l]owes Rose Benton Henry Abraham & Taney &c. & and all their increas[e] for ever or their value ~ also I give William & Sarah Montgomery ["2/3rd" x-out] two thirds of all my stock of all Discription & household & kitchen fur =niture & farming utentials excepting the Desk. Stove. Clock. Dresser. cupboard still & stands . blacksmiths tooles rideing chair & harnis which I give to my wife Elizabeth ~~ also the remainder[sic] third of the stock & household & kitchen furniture & farming utentials & Notes & accounts & cash on hand if any I give to my wife Elizabeth to doo with it as she may think proper to insure hir happyness in this life and the ballance of my lands I lend them to my wife Elizabeth During hir life time if she wishes to hold them ~ then after hir Death I lend them to my Daughter Sarah Montgomery During hir life time if she wishis to hold them if not I give them to my grand children to be as Equaly Devided amongst them in Number & value as can be to them & their heirs forever ~ the lands as folowes see the general plat for butts & boundaries ~ the half of the mill tract of sixteen acres, the Entered tract of forty acres, the Lay tract of one hundr [page 2] ed & sixty four acres the gibson and Rayney tract of one hundred & Nineteen acres, the cole tract of one hundred & seventy four acres the Ruben Tract of one hundred & Eighty six acres & the Ray tract of thirty acres. the old tract I live on of one hundred & sixty four acres as above giveon also I give my wife Elizabeth one Negroe boy Joe to doo with him as she may think best. she is at liberty to give or hire or sell or set him free & what ever way she will choose to Dispose of him I give hir all the power to make a good tittle[sic] for him that I would have was I present my self ~ if it should be so hapon that my wife Dose not Dispose of Joe I give him to my Daughter Sarah Montgomery if he is willing to live with hir. but if he is not willing to live with hir I wish hir to let him choose a master for himself & I wish Sarah not to ask more for him than is common for such a Negroe & what ever he well[sic] sell for I give it, to my Daughter Sarah Montgomery for hir own use to Dispose of as she may think proper. also the other property that I have givean to my wife Elizabeth if any left at her Death I give it to my Daughter Sarah Montgomery for hir own use the saim as I did to my wife ~ I wish my wife Elizabeth to choose whome soever she will to Exicute this my last will & testiment in witness wheirof I have hearunto[sic] sett my hand & seal this 5th Day of August 1826 Elias Albright } Daniel Albright (seal) John Clapp } Jurat [Will Book Volume F, page 176] In the name of God Amen I Daniel Albright of the County of Orange & State of North Carolina being in sound mind & memory do make this my last will & Testament disan- nulling all other wills by me heretofore maid I recommend my Soul to God who giv[e] it & my body to be decently buried at the discretion of my friends as it has been Gods will to bless me with property I wish to dispose of it in the following manner & form as I have heretofore given to my soninlaw William Montgomery the following property namely one Negro woman named Rose at three hundred & fifty dollars & also two hundred & fifty dollars to pay for Bob & Raichel also [the] Jacob tract of land containing two hundred & seventy seven acres at one thousand three hundred and Eighty five dollars also one half of the Mill tract of sixteen acres at two hundred & fifty dollars also I have given fifty acres out of the old tract I live on to William & Sarah Montgomery to build on provided we cannot agree to live with each other then after the death of my wife Elizabeth I give the ballance of the old tract to them & their heirs borne of my daughter Sarah Montgomery & no others forever also I have given William & Sarah Montgomery intrust during their life time or assignment to my grand Children the Negroes as follows namely Cain a man Letty a woman & hir in crease as follows Rose Benton Henry Abraham & Taney &c. & and all their increas[e] for- =ever or their value Also I give William & Sarah Montgomery two thirds of all my stock of all description & household & Kitchen furniture & farming utentials excepting the Desk Stove Clock Dresser cupboard still & stands blacksmiths tools riding Chair & harnis which I give to my wife Elizabeth also the remainder[sic] third of the stock & household & kitchen furnitu =re & farming utensals & Notes & Accounts & Cash on hand if any I give to my wife Elizabeth to do with it as she may think proper to insure her happiness in this life & the ballance of my lands I lend them to my wife Elizabeth during her lifetime if she wishes to hold them [~~~~~ x-out ~~~~~~] [~~~~~ x-out ~~~~~~] then after hir Death I lend them to my Daughter Sarah Montgomery during her life time if she wishes to hold them if not I give them to my [Will Book Volume F, page 177] Grand Children to be as equally divided amongst them in number & value as can be to them & their heirs forever the lands as follows see the general plat for Butts & boundaries the half of the Mill tract of sixteen acres, The Entered tract of forty acres, the Lay tract of one hundred & sixty four acres the Gibson & Rayney tract of one hundred & nineteen acres the Cole tract of one hundred & seventy four acres the Ruben Tract of one hundred & Eighty six acres & the Ray tract of thirty acres The old tract I live on of one hundred & sixty four acres as above given also I give my wife Elizabeth one negro boy Joe to do with him as she may think best She is at liberty to give or hire or sell or set him free & whatever way she will choose to dispose of him I give her all The power to make a good title for him that I would have was I present myself if it should be so happen that my [wife] dose not dispose of Joe I give him to my Daughter Sarah Montgomery if he is willing to live with her but if he is not willing to live with her I wish her to let him Choose a Master for himself & I wish Sarah not to ask more for him than is common for such a negro & whatever he will sell for I give it to my Daughter Sarah Montgomery for her own use to dispose of as she may think proper also the other property that I have given to my Wife Elizabeth if any left at her death I give it to my Daughter Sarah Montgomery for her own use The same as I did to my wife I wish my wife Elizabeth to choose whomsoever she will to Execute this my last Will & Testament in witness Whereof I have hereunto set my hand & seal this 5th day of August 1826 Daniel Albright (seal) Elias Albright John Clapp Orange County May Term 1843 The execution of the foregoing last Will & Testament of Daniel Albright Decd. was duly proved in Open Court by the oaths of Elias Albright & [Will Book Volume F, page 178] John Clapp & ordered to be recorded Additional Comments: Will Book Volume F, pages 176-178 Recorded May 1843 Estate Papers comprise 22 pages and are found in a folder labeled "Albright, Daniel (1843)". Daniel A. Montgomery was appointed administrator. Most of the papers pertain to a Daniel Albright, deceased with an Executor of John F. Garrett, and these papers don't appear to be the same estate as this will. The will of the second Daniel Albright is found in Will Book Volume F, page 317, proved Nov 1846