Orange County NcArchives Wills.....Alves, Gavin October 17, 1811 ************************************************ 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 D, pages 352-358 Written: October 17, 1811 Recorded: unknown date Testator: Gavin Alves (1) To All To whom these Presents shall come, I Gavin Alves, of the County of Orange and state of North Carolina, being of sound and disposing Mind and Memory, consid- -ering the Uncertainty of Human Life, and Judging it proper that every Person should make a disposition of his Property accord- -ing to his own Will, and not leave it to that of others, Do hereby make, ordain and publish This my Last Will and Testament, in Manner and form following viz- In the first place, I desire that my Executors, here inafter named, shall without delay make Col- -lections of all debts due to me, and pay such as I may owe; also that they shall sell, for ready Money, or on Credit as they may deem most expedient, all my Real Estate not otherwise here in disposed of, and that the Amount of such Sales and Collections shall after paying the following Bequests & Legacies, be by them transmitted to my Aunts, Eliza- -beth and Jean Hogg and my Cousin Jane Burgess, as far as the amount of the of two Thousand dollars, to be divided among them equally and to the Survivors or Survivor of them --- And I hereby authorize and Empower my Executors or the Survivor of them to Grant Deeds or other Legal Conveyances to the Purchasers or Purchaser of my Real Estate or any part thereof --- In the next Place I will [page 2] (2) I Will and desire that my Negro Man John and my Negro Woman Esther be emancipated and set free as soon as possible after my Decease, and that my Executors take the Legal and proper steps for effecting my Wishes in this respect -- Also that my Negro Boy Stephen son of Esther be bound to some good Tradesman, at the discretion of my Executors, until he arrive at the age of Twenty one Years, and that the necessary Measures be then immediately taken to obtain his emancipation-- It is further my Will and desire that the House wherein my said Negro Man John now lives in Hillsborough, together with ["a fourth of" x-out] an acre including said House and the shop, shall be appropriated and set apart for the use of said Negro Man John for and during his natural life, And at his Death to be disposed off by my Executors as heretofore directed-- ======= And Whereas considering that my Brother, Sisters and other immediate Relations and Connections, are already sufficiently In- -dependent in their circumstances, and that the distribution of my small pro- -perty among them would be an object of little Importance to them -- I have deemed it proper to Bequeath the greater part of what Property I possess to my Aunts Elizabeth & Jean Hogg and my Cousin Jane Burgess, as heretofore men- -tioned, Believing that it will be both necessary and acceptable to them -- Nevertheless, In token of my sincere affection and re- [page 3] (3) and regard, and as a Memorial of me ~~ I do hereby Bequeath as Follows viz~~~~~ To my Brother Walter Alves my Gold Watch bequeathed to me by General Thomas Clark as a Memorial of Friendship and Esteem, also the Gold Sleeve buttons given me by my Father, my Pistols and the fol- -lowing Books viz The old Family Bible, Shakespeares Works, Washingtons letters and Epistles, & Volneys Ruins, together with my Trunk and Wearing Apparel ~~~~~ To my Sister Mrs. Helen Caldwell ["my" x-out] ["mother of pearl snuff box given me by my" x-out] ["Mother, also my Mother Gold Ring which" x-out] ["she gave me and which was her Wedding" x-out] ["Ring - Also" x-out] One hundred dollars in Money, to be applied in the purchase of such Memorial as she may think proper ~~~~ To my Sister Mrs. Robina Norwood, my optic Glass and Pictures, my Bed, Bedstead & furniture, my table & other articles of household Furniture also Fifty dollars in Money to be applied in purchasing such Memorial as she may Choose ~~~ To my Niece Ann Alves Webb I bequeath my riding Mare ["and" x-out] twenty five dollars in money to be applied in purchasing such Memorial as she may Choose --- also The Scottish Chiefs & Arabian Nights en- -tertainment ~~~~~~~~~~~~~ To my Sister in Law Mrs. Amelia Alves Twenty five dollars, to my Nieces Mrs. Anne Henderson, Elizabeth Alves & Eliza- -beth Norwood Twenty dollars each, to be applied by them Respectively in the [page 4] (4) the purchase of such Memorial as they may choose --- And further as a Testimony of my Gra- -titude to my Sister Robina Norwood, for the trouble and anxiety I have occasioned to her during my Illness & for her care and attention towards me - I give and bequeath to her my Negro Man Jonas --- To my nephew John Huske I bequeath my Mahogany Desk with Twenty five dollars in Money, to be applied in pur- -chasing such Memorial as he may choose --- To my Nephew William Hooper, my Latin Bible, Marshalls Life of Washington, and the Spectator--- To my Nephews James Alves, William Alves, and Thomas Hooper, the residue of my Books not otherwise devised, to be equally devided among them at the dis- -cretion of my Executors ---- To William Alves my set [of] Knee buckles & Stock Buckle which I received from my Brother To my Nephew James Hooper my Concert flute & Music Books ---- I bequeath to my Friend the Reverend Joseph Caldwell -- Tate & Bradys Psalms Butters Sermons, Lucas on Happiness, Ossians Poems, Priestley on Christianity, and Origins of Language ----- To my friend Dr. James Webb [much struck out here] & Playfairs Map & description of Spain and Portugal -------- [page 5] (5) To my friend Richard Henderson Esqr I give my Voice flute, my Fiddle and the following Books, The Federalist, Locke on Education, Depons travels and Martin on Executors ---- To my Friend William Norwood Esquire I give my Saddle & Bridle --- To my Friend James Child Esqr I give Adams' defense, Political dis- -quisitions, ["Rowlets Tables of Interest" x-out] & my Silver Pencil---- To my Friend Catlett Campbell Esqr my Silver Spectacles---- It is my Will and desire that my Executors shall remitt from time to time to my Aunts Elizabeth & Jean Hog and Jane Burgess such sums as they may collect after providing for the aforementioned Bequests --- And If it shall so happen that after paying the aforesaid Legacies and remitting two thousand dollars to my said Aunts Elizabeth & Jean Hogg & my Cousin Jane Burgess any surplus shall remain then and in that Case the Surplus is to be divided between my Brother and Sisters and my Nephew John Huske and Niece Ann Alves Webb or their heirs respectively equally, that is, each to have one fifth part ---- And Whereas my [page 6] (6) my Father James Hogg died seized of a Legal Estate in some lots of land in Henderson & Companies Grant in Kentucky the equitable right whereof was sup- -posed to be vested in some Persons un- known, and have remained unclaimed and it is supposed will continue to be so --- And the said lands amounting to up- -wards of seven hundred acres, &[?] ["un-"?] -divided and situated in small parcels in various Lots whereof my Brother Walter Alves has a right or title-- I do therefore bequeath to him all right title or Interest either in Law or Equity which I may possess to the same lands or any other Lands in Kentucky And Lastly. I hereby Nominate and appoint my Brother Walter Alves and my friend Doctor James Webb, my Executors to this my last Will and Testament Requesting their Care and attention to my several Requests--- And it is my Will that they retain a reasonable and ample compensation for their Expence & Trouble in Carrying my Will into Execution --- And I do hereby Publish and Declare this to be my Last Will & Testament written on the forgoing six pages by my Brother Walter Alves in my presence and at my special request -- the follow ing Interlineations being noted & made before Signing viz -- in page 1st, line 25 [page 7] The words "my Cousin" interlined, also in page 5th & line 23rd the words "any Surplus shall remain" being interlined --- In Testimony whereof Signed, Sealed, Published, and } I have hereunto set Declared by the Testator to be } my hand and af- his Last Will and Testament } fixed my seal this In presence of us who have } 17th day of October in his presence & in presence } A.D. 1811 --------- of each other hereunto subs- } -cribed our names ----- } Gavin Alves (seal) James child Jurat A. B. Bruce James Webb qualified W. Alves qualified 1811 ["On?"] October 30th those articles marked thru with a pen are already delivered --- Codicil All articles of any kind whatsoever not particu- larly specified in the foregoing Will, I leave to the disposal of my Executors, as they or either of them may judge proper -- And whereas my Brother Walter Alves did, on or about the 8th of Jany 1810, agree on my behalf, and contract with James Hop- kins, to sell him a tract of Land on Mountain Creek belonging to me and gave the said James an Obligation to execute to him a pro- per conveyance for the same as soon as the purchase money, viz, Two Hundred pounds Vir- ginia [page 8] ginia Money with the Interest, should be fully discharged; Now therefore, I hereby authorize and request my Executors before named, or either of them, to carry into full effect the contract afore- said according to the terms mentioned in said obligation, and to execute the necessary con- veyances accordingly ----- In Testimony whereof, I have hereto set my hand and affixed to my seal the third day of January 1812 Signed, & Sealed Gavin Alves (seal) as part of the foregoing will and declared as such, in the presence of James Child Jurat A. B. Bruce [Will Book Volume D, page 352] To All to whom these Presents shall come I Gavin Alves, of the County of Orange and state of NoCarolina being of sound and disposing mind and memmory considering the uncertainty of Human Life and Judging it proper that Every Person should make a disposition of [Will Book Volume D, page 353] of[sic] his property according to his own Will and not leave it to that of others Do hereby make ordain and Publisk[sic] This my last Will and Testiment in manner and form following (Viz) In the first Place, I desire that my Executors hereinafter Named shall without delay mak[e] collections of all debts due to me and pay such as I may Owe also that they shall sell for ready money or on Credit as they may deem most Expedient all my Real Estate not Otherwise herein disposed of, and that the amount of such sales and Collections shall after paying the following Bequests and Legacies be by them transmitted to my aunts Elizabeth and Jean Hogg and my Cousin Jane Burgess as far as the amount of the of two thousand Dollars to be Divided among them Equally and to the survivours or Survivour of them ~~~ and I hereby Authorize and Empower my Executors or the survivor of them to Grant deeds or other Legal conveyances to the Purchasers or Purcha -ser of my real Estate or any Part thereof ~~~ In the next Place I Will and desire that my Negro Man John and my Negro Woman Esther be emancipated and set free as soon as Possible after my decease, and that my Executors take the legal and Proper step[s] for effecting my wishes in this respect ~~ Also that my Negro Boy Stephen son of Esther be bound to some good Tradesmans at the Discretion of my Executors untill he arrive at the Age of Twenty one years and that the Necessary Measures be then Im -mediately taken to obtain his emancipation ~~ [Will Book Volume D, page 354] It is further my will and desire that the house wherein my said Negro man John now lives in Hillsborough together with an acre including said house and the shop shall be appropriated and set apart for the use of said Negro man John for and during his natural life and at his death to be disposed of by my Exec -utors as heretofore directed ~~~~ And Whereas considering that my brother Sisters and other Immediate relations and connections are already sufficiently Independent in there[sic] circumstances and that the distribution of my small property among them would be an Object of little Importance to them ~~~ I have deemed it Proper to Bequeath the greater Part of what Property I Possess to my aunts Elizabeth and Jean Hogg and my Cousin Jane Burgess as heretofore mention -ed Believing that it will be both necessary and Exceptable[sic] to them Nevertheless In token of my sincere affection and regard and as a memorial of me I do hereby Bequeath as Follows (Viz) To my brother Walter Alves my Gold watch bequeathed to me by General Thomas Clark as a memorial of friendship and Esteem, also the Gold Sleeve Buttons given me by my Father my Pistols and the following books (Viz) The old family Bible Shakespears works washingtons letters and Epistles and Volneys Ruins together with my Trunk and wearing apparels ~~~ To my Sister Mrs. Hellen Caldwell one hundred dollars in money, to be applied in the purchase of such memorial as she may think Proper ~~~ To my Sister Mrs. Robina Norwood my optic glass and Pictures my bed bedstead and furniture my Table and other articles of household furniture also fifty dollars in money to be applied in purchaseing such memorials as she may Choose To my Niece Ann Alves Webb I bequeath my riding mare and twenty five dollars in money to be applied in purchaseing such Memorials as she may Choose also the scottish Chiefs and arabians nights enter tainments ~~~~~ To my Sister in Law Mrs. Amelia Alves Twenty five dollars ~~ to my Nieces Mrs. Anne [Will Book Volume D, page 355] Mrs. Anne Henderson Elizabeth Alves and Elizabeth Norwood Twenty dollars Each to be applied by them respectively in the purchase of such Memorials as they may Choose ~~~ And farther as a Testimony of my Gratitude to my Sister Robina Norwood for the trouble and anxiety I have occasioned to her during my Illness and for her Care & attention towards me I give and bequeath to her my Negro Man Jonas ~~~ To my Nephew John Huske I bequeath my Mahogany desk with twenty five dollars in money to be applied in purchaseing such memorials as he may Choose ~~~ To my Nephew William Hooper my Latin Bible Marshalls life of Washington & the Spectator ~~~ To my Nephews James Alves William Alves and Thomas Hooper the residue of my books not otherwise divided [orig: devised] to be Equally divided among them at the discretion of my Executors ~~~~ To William Alves my set [of] Knee Buckles and stock buckles w[h]ich I received from my brother ~~ To my Nephew James Hooper my concert flute [and] Music Books ~~~ I Bequeath to my friend the Reverend Joseph Caldwell Tate & Bradys Psal[m]s Butters surmons Lucas on Happiness Ossians Poems Priestley on Christianity and bringing [orig: Origins] of langua -ge ~~~ To my friend Dr. James Webb a [&] Playfairs map and description of Spain and Portugal ~~~ To my friend Richard Henderson Esqr. I give my voice flute my fiddle and the following books The feder[a]list Locke on Education Depons Travels and Martin on Executors ~~~~ To my friend William Norwood Esqr. I give my Saddle and bridle [Will Book Volume D, page 356] and bridle ~~~ To my friend James Child Eqr. I give Adams defense Political disquisitions and my Silver Pencil ~~~ To my friend Catlett Campbell Eqr. my silver Specta- -cles ~~ It is my will and desire that my Executors shall remit from time to time to my aunts Eliz. and Jean Hogg & Jane Burgess such sums as they may collect after providing for the afore ~~~ Mentioned Requests[orig: Bequests] ~~ and If it shall so happen that After Paying the aforesaid Legacies and remitting two thousand dollars to my said aunts Elizabeth and Jean Hogg and my Cousin Jane Burgess any surplus shall remain then and in that Case the surplus is to be divided between my Brother and sisters and My Nephew John Huske and Niece Ann Alves Webb or their heirs respectiv- -ely Equally that is each to have one fifth part and whereas my father James Hogg died seized of a legal Estate in some lots of land in Henderson and Companies Grant in Kentucky the Equitable right whereof was Supposed to be vested in some Persons unknown, and have remained unclaimed and it is supposed will continue to be so and the said lands amounting to upwards of seven Hundred Acres, are [See Note 1] in various lots wher[e]of my brother Walter Alves has a right or title ~~ I do therefore bequeath to him all right title or Interest either in law or Equity which I may Possess to the same lands or any other Lands in Kentucky ~~~ and Lastly. I hereby Nominate and appoint my Brother Walter Alves and my friend Doctor [Will Book Volume D, page 357] James Webb my Executors to this my last Will and Testament Requesting there[sic] Care and attention to my several requests ~~~ And it is my Will that they retain a reasonable and ample compensation for their Expenced trouble in Carrying my Will into Execution ~~~ And I do hereby Publish and Declare this to be my last Will and Testament written in the foregoing six pages by my brother Walter Alves in my presence and at my special request the following Interlineations being noted and made before Signing (Viz) in Page 1st, line 25 the words my Cousin interlined also in page 5th and line 23rd the words any Surplus shall remain being Interlined ~~ In testimony whereof signed Sealed Published } declared by the testator to be } his Last Will and Testament } Gaven Alves (seal) In presence of us who have in } his presence & in presence } of each other hereunto subscribed } our names ~~~~~~ } James Webb qualified James Child } William Alves qualified A. B. Bruce } October 30th those articles marked thru with a pen are already delivered ~~~~~~~~~~~~~~~~~~~~~~~~ [Codicil] All articles of any kind whatsoever not particularly specified in the foregoing Will I leave to the disposal [Will Book Volume D, page 358] disposal of my Executors as they or Either of them may Judge Proper and whereas my Brother Walter Alves did, on or about the 8th of January 1810 agree on my behalf and contract with James Hopkins to sell him a tract of land on Mountain Creek belonging to me and gave the said James an obligation to execute to him a Proper conveyance for the same as soon as the Purchase money (Viz) Two hundred pounds Virginia money with the Interest, should be fully discharged Now therefore I hereby authorize and request my Executors before named or either of them to carry into full effect the Contract aforesaid according to the termes mentioned in said obligation, and to Execute the necessary conveyances accordingly In Testimony whereof I have hereto set my hand and affixed to my seal the third day of January 1812 Signed and sealed Gavin Alves (seal) as part of the foregoing will and declared as such in the presence of James Child A. B. Bruce Additional Comments: Will Book Volume D, pages 352-358 Recorded unknown date Note 1: this sentence different from the loose will. "Depons travels" is more fully: Depons, Francois Raimond Joseph. Travels in Parts of South America: During the Years 1801, 1802, 1803, and 1804; Containing a Description of the Captain-Generalship of Carraccas [Caracas in Venezuela], with an Account of the Laws, Commerce, and Natural Productions of that Country; as also a view of the customs and manners of the Spaniards and Native Indians. Estate Papers comprise five pages and are found in a folder labeled "Alves, Gavin (1812)". Inventory partially transcribed below. [Estate Papers - Inventory 1 July 1812] Inventory of the Personal Estate of Gavin Alves Esqr. last of Hillsborough taken 1st July 1812 Cash on hand $22 Twenty two dollars Negroes 4 viz John, Jonas, Esther & her son Stephen [sundry articles omitted]