Orange County NcArchives Wills.....Albright, Daniel October 30, 1846 ************************************************ 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 317-319 Written: October 30, 1846 Recorded: Nov 1846 Testator: Daniel Albright State of NC } Orange County} I Daniel Albright being of Sound Mind but in feeble health & knowing the uncertainty of human life to make this my last will and Testament & revoking all other Wills by me made I declare this to be my only will First I give my soul to God who gave it & my boady[sic] to be decently buried at the discretion of my Friends I will that all debts due me be collected and all my just debts be paid I will and bequeath to my Wife Sophia during her life one third of the tract of Land whereon I now live including the buildings & so laid off as to divide in a proper man[n]er the cleared land between hir & my son Nicholas, it is my further disire that my wife retain possession of the Lands I bought of James Newlin until my Daughter Sally arrives at the age of Twenty Two Years & should there be a growing Crop on it at that time she shall have all the right to said Crop & the privilege of taking it off of the Land when matured I also give & bequeath to my Wife all my Household & Kitchen furniture My Negro man Elick My Wagon & Gear My two Horses Buck & Peter, all my stock of Hogs & whatever of my Cattle she may want it is my desire that my wife give to my Son Nicholas & Sally the same amount of Furniture That I have given to my son George & My Daughters Polly & Catherine it is also my desire on the final Settlement of My estate that My Son Nicholas Catherine & Sally be allowed the price of a Horse each of the value of those advanced to My Son George & My Daughter Polly I also will to my wife Soffy My Negro Boy Jerry during her life I give & bequeath to my Son George the tract of land whereon he now lives at the price of Nine Hundred Dollars to be accounted for on the final settlement of my estate I give and bequeath to my Three Daughters ~~~ [page 2] Polly, Catherine & Sally the tract of Land I bought of James Newlin at the price [of] Seven Hundred Dollars to be accounted for by them on the final settlement of my estate & to come in possession of said Lands when My Daughter Sally arrives at the age of twenty two years ~~ I will and bequeath to my son Nicholas the tract of Land where on I now live, to have immediate possession of two thirds & after the death of my Wife to have the remaining third of said Land at the price of Nine Hundred Dollars to be accounted for on the final settlement of My estate ~~ I have bequeathed to my wife my Negro Man Elic & Negro Boy Jerry I also give hir My Negro Woman Amy during her life I also Empower my Executor (should it be necessary) to sell either of the above Negroes at the request or by the Consent of My Wife & apply the proceeds to the payments of My Just debts I have [second "have" x-out] advanced Two Hundred & Seventy Five Dollars to My Daughter Polly which amount she is to account for on the final settlement of My Estate ~~ It is my Will that all my propirty not herein willed to be Sold and the proceeds applied to the payment of my debts It is also my will that after the death of my wife that all my property be Sold and [second "and" x-out] equally divided between all my Children Share & Share alike & should the Land devised to My two Sons amount to more than their equal part then in that case they shall pay back to my Daughters so as to make each equal I will that my wife & the family remaining with hir be allowed a sufficient amount of corn & wheat for hir years support & I hereby empower my Executor to lay off said allowance & should he & my wife not agree as to the [page 3] amount necessary she shall choose to [two] good men in the neighborhood to make said allowance I have sold to E M Holt Snr a small piece of Land counting an acre or thire abouts near to the Old School House for which he has paid me Twenty Dollars. I hereby authorize and empower My executor to make the said E M Holt a deed for said Land I nominate and appoint my Son in Law John F Garrett my Sole Executor of this My last Will & testament ~~~~ Oct 30th 1846 Signed & Sealed in the presence of Daniel Albright (seal) E M Hote Wm Artzer [Will Book Volume F, page 317] State of NC } Orange County } I Daniel Albright being of sound mind but in feeble health & Knowing the uncertainty of human life to make this my last will & testament & revoking all other wills by me made I declare this to be my only Will First I give my Soul to God who gave it and my body to be decently buried at the discretion of my friends I will that all debts due me be collected & all my Just debts [be] paid I will & bequeath to my wife Sophia during her life one third of the tract of land whereon I now live including the buildings & so laid off as to div= ide [in a proper manner] the Cleared land between her & my son Nicho= las it is my further desire that my wife retain possession of the lands I bought of James Newlin until my daughter Sally arrives at the age of twen= ty two Years and should there be a growing Crop on it at that time she shall have all the right to said Crop and the privilege of taking it off of the land when matured ~~ I also give and bequeath to my wife all my household & Kit= chen furniture my negro man Elick, my wagon & gear, my two horses Buck & Peter, all my stock of Hogs, & whatever of my cattle she may want ~~ it is my desire that my wife give to my son Nicholas & Sally the same am= ount of furniture that I have given to my son, George & my daughters Polly & Catherine It is also my desire on the final Settlement of my estate that my Son Nicholas, Catherine and Polly[orig: Sally] be allowed the price of a horse each of the value of those advanced to my son George & my daughter Polly I also will to my wife Suffy [orig: Soffy] my negro boy Jerry during her life I give & bequeath to my Son George the tract of land where[on] he now lives at the [Will Book Volume F, page 318] price of nine hundred dollars to be accounted for on the final settlement of my estate I give & bequeath to my three Daughters Polly Catherine & Sally the tract of land I bought of James Newlin at the price of Seven hundred dollars to be accounted for by them on the final Settlement of my estate & to come in possession of said lands when my daughter Sally arrives at the age of twenty t[w]o years I will & bequeath to my son Nicholas the tract of land whereon I now live to have immediate poss= ession of two thirds & after the death of my wife to have the remaining third of said land at the price of Nine hundred dollars to be accounted for on the final settlement of my estate ~~ I have beq= ueathed to my wife my negro Man Elic & negro boy Jerry I also give her my negro woman Amy dur= ing her life I also empower my executor (should it be necessary) to sell either of the above negroes at the request or by the Consent of my wife & apply the proceeds to the payments of my Just debts ~~~~ I have advanced two hundred & Seventy five dollars to my daughter Polly which amount she is to account for on the final settlement of my estate It is my will that all my property not herein willed to be sold & the proceeds applyed to the payment of my debts It is also my will that after the death of my wife that all my property be sold & equally divided between all my Children Share & Share alike ~~ And should the land devised to my two sons amount to more than their equal part then in that case they shall pay back to my daughters so as to make each each[sic] equal I will that my wife and the family remaining with her be allowed a sufficient [Will Book Volume F, page 319] amount of corn & wheat for her years support & I hereby empower my executor to lay off said allowance ~~ And should he & my wife not agree as to the amount necessary she shall choose t[w]o good men in the neighborhood to make said allowance I have sold to E M Holt Senr. a small piece of land counting an acre or thereabouts near to the old School house for which he has paid me twenty dollars ~~ I hereby authorize & impower my executor to make the said E M Holt a deed for said land I nominate & appoint my son in Law John F. Garrett my sole executor of this my last will & Testament ~~~~ Oct 30th 1846 Signed & sealed in the presence of Daniel Albright (seal} E M Holt Wm Artzer Orange County November Term 1846 The execution of the foregoing Will was & duly proved in open Court of Edwin M Holt a subscribing witness thereto & ordered to be recorded ~~ where upon John F Garrett the Executor therein named appeared and was duly qualified Test Additional Comments: Will Book Volume F, pages 317-319 Recorded Nov 1846 Estate Papers comprise 22 pages and are found in a folder labeled "Albright, Daniel (1843)". Most of these papers pertain to this Daniel Albright, deceased with an Executor of John F. Garrett, who died in 1846, rather than the one who died in 1843. The part of this collection where Daniel A. Montgomery was administrator refers to a different Daniel Albright who died in 1843 [Estate Papers - Inventory Dec 1856] Decm 1856 An Inventory of property of Daniel Albright Dec. of Orange County N.C. One negro Boy Named Allexander aged 29 years One negro Boy Named Jery aged 5 years One negro Girl Named Amey aged 17; years One Wagon & gear Two horses Eleven head of Cattle Thirty six head of Hogs [further sundry articles omitted] [Estate Papers - Sale of Negro Boy 14 Dec 1859] Sale of a negro Boy Name Ellick by John F. Garrett Exr of Daniel Albright Decd. & by Request of the widow To Blackville & Carter Sept 14, 1859 for $5.50.00 John F. Garret Exr [page 2] recorded Nov 1850 Page 215