Orange County NcArchives Wills.....Andrews, Laban October 5, 1837 ************************************************ 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 130-132 Written: October 5, 1837 Recorded: May 1842 Testator: Laban Andrews In the name of my heavenly Father Amen being in sound mind and memory but weak in body I do this 5th day of October in the year of our Lord one thousand eight hundred and thirty seven make and constitute this my last Will and Testament in the form and manner as follows - Item I wish my just debts to be paid out of my Stock of horses. Item I lend to my beloved Wife Rebecca dureing her natural life the middle part of my tract of land on which I now live; bounded by the hog pen branch on the West down to the creek and thence down the creek to Graves-line, and on the east by the publick road also I lend her during life my negro woman Cilvia and her child Tom, a horse of her own choice & two cows together with my stock stock[sic]of hogs that use about the lane and the household and Kitchen furniture. Item I give and bequeath to my son in Law Aarin Trip that part of my land on the west of the above named hog pen branch; and that part on the east side of the publick road I give and bequeath to my son Green. Item I give and bequeath to my daughter Han- -nah a negro child by name Margeret; but if this negro child dies before the final division of my personal estate a mong my children then said daughter shall be entitled to an equal share among the rest of my children of the personal estate. I also give and bequeath to said daughter Hannah a mare, and Cow. Item It is my wish and will that my negroes Darkis [Dorcus], Peter and gourden [Gordon] to be hired and out privately during my Wifes life time and the money ariseing from the hire of said Negroes to be equally divided between my wife and children and at her death together with the Negro woman Cilvia and child to be sold privately: Out of the money a rising from the sales of the above named negroes I will and bequeath to my son John one hundred and seventy five dollars as his proportionable part of said negroes the balance of the money arising from the sales of the aforesaid negroes it is my will & wish shall by equally divided a mong the following of my children David, William, Henry, Nancy, Cales, Berry, Wilie, Elizabeth Trip, Green and Delia Robards share & share alike. Item at the death of my wife Rebecca I give and be- queath all the land I have lent her during life to my son Green: and the household & kitchen furniture together with what stock she may have I give and bequeath to my four daughters Nancy, Elizabeth, Hannah & Delia [page 2] And I do moreover constitute and appoint my sons David and Berry Executors to this my last will and Testament In witness whereof I do hereby affix my hand [and] seal Laban (+) Andrews (seal) Signed and sealed in the presence of E Graves A. Graves J Careathers Ruffin Andrews The words inserted or interlined between the twenty fifth & sixth lines and read as thus "and the money arising from the hire of said Negroes to be equ- -ally divided between my wife and children" were inserted at a subsequent period by the express request of the testator Test April 13th 1838 E Graves A Graves State of North Carolina } Court of Pleas and Quarter Orange County } Sessions May term 1842 A paper writing purporting to be the last will & Testament of Laban Andrews late of Orange County, deceased, was propounded for probate to the Court by David Andrews one of the executors named there in, & Ruffin Andrews one of the attesting witnesses there to, being duly sworn deposed & said that in October 1839 the said Laban Andrews produced the said paper writing to the witness & John Careathers already signed by him, & attested by E. Graves & A Graves, with the written memorandum there upon it attested by E. Graves & A. Graves & bearing date Apl 13: 1838 - & declared by the same to be his last will and testament, & requested them to attest it as witnesses which they both did in the presence of each other & of said Laban Andrews, & that said Laban Andrews is thus in the full possession of his mental faculties whereupon the court orders the said will to be recorded [This is a handwritten copy, made in 1855] In the name of my heavenly father Amen being in sound mind & memory but weak in body I do this 5th day of October in the year of Our Lord one thousand Eight hundred & thirty Seven make & Institute this my last will & testament in the form & manner as follows Item I wish my Just debts to be paid out of my Stock of horses Item I lend to my beloved wife Rebecca dureing her natural life the middle part of my plantation on which I now live bounded by the hogpen branch on the west down to the creek & thence down the creek to Graves line and on the east by the publick road also I lend her dureing life my negro woman Cilvie & her child Tom a horse of her own choice two cows together with my Stock of hogs that use about the land & the household & Kitchen furniture Item I give & bequeath to my Son in Law Aarin Tripp that part of my land on the west of the above named hogpen branch and that part on the East side of the publick road I give and bequeath to my son Green Item I give & bequeath to my daughter Hannah a negro Child by ["the" x-out] name Margret but if this Negro Child dies before the final division of my personal estate among my children then said daughter shall be entitled to an equeal share along [among] the rest of my children of the personal estate I also give & bequeath to said daughter Hannah a mare and Cow (Item) it is my wish and will that my Negroes Darkis [Dorcus] Peter gourden [Gordon] to be hired & out privately dureing my Wifes life & the money ariseing from the hires of said Negroes to be equally divided between my wife & Children and at her death together with the Negro woman Cilon[Cibon?] & child to be sold privately out of the money ariseing from the sale of the above named Negroes I will & bequeath to my son John One hundred & Seventy five dollars as his proportionable part of said negroes the ballance of the money arising from the Sales of the aforesaid Negroes [page 2] it is my will & wish shall by equally divided among the following of my children David. William. Henry. Nancy. Cales. Berry Willie Elizabeth Trip Green & Delia Robards Share & share alike Item at the death of my wife Rebecca I give & bequeath all the land I have lent her dureing life to my son Green & the household & kitchen furniture together with what stock she may have I give & bequeath to my four daughters Nancy Elizabeth Hannah & Delia And I do moreover Constitute & appoint my Sons David & Berry Executors to this my last will & testament In witness whereof I do hereby affix my hand & seal Signed & sealed in } Laban (X) Andrews (seal) presence of } E Graves } A Graves } the words inserted or Interlined between J Careathers } the ninety[twenty] fifth & sixth lines & read Ruffin Andrews } as thus and the money arising from the hire of said Negroes to be equally divided between my wife & children were inserted at a subsequent period by the express riquest of the testator April 13th 1838 Test -- E Graves A Graves Orange County May term 1842 A paper writing purporting to be the last will & Testament of Laban Andrews late of Orange County deceased [was] propounded for probate to the Court by David Andrews one of the Executors named therein & Ruffin Andrews one of the attesting Witnesses thereto being duly sworn deposed & said that in October 1839 the said Laban Andrews produced the said paper writeing to the witness & John Carethers already signed by him & attested by E Graves [page 3] & A Graves with the written memorandum there- -upon it attested by E Graves & A Graves bearing date April 13 1838 & declared by the same to be his last will & testament & requested them to attest it as witnesses which they both did in the presence of each other & of Said Laban Andrews & that said Laban Andrews is thus in the full possession of his mental faculties whereupon the court ordered the said will to be recorded State of North Carolina I George Laws Clerk of the Court of Pleas & Quarter Sessions for Orange County do Hereby Certify that the foregoing is a true and perfect copy of the last will and testament of Laban Andrews dec as appears on record in my office In testimony whereof I have hereunto subscribed my name the 2d day of April AD 1855 [Will Book Volume F, page 130] In the name of my Heavenly Father Amen being in sound mind & memory but week[sic] in body I do this 5th day of October in the year of our Lord one thousand eight hundred & thirty seven make & institute[orig: constitute] this my last Will & Testament in the form & manner as follows Item I wish my Just debts to be paid out of my Stock of horses Item I lend to my beloved Wife [x-out] Rebecca during her natural lif[e] the middle part of my plantation on which I now live bounded by the hogpen branch on the West down to the Creek & thence down the creek to Grave's line and on the east by the publick road Also I lend her during life my negro woman Cilvia & her Child Tom a horse of her own Choice [&] two cows together with my stock of hogs that use about the lane & the household & Kitchen furniture Item I give & bequeath to my son in Law Aaron Trip that part of my land on the west of the above named hog pen branch and that part on the East side of the publick road I give & bequeath to my son Green Item I give & be queath to my daughter Hannah a negro child by name Margret but if this negro child dies before the final division of my personal estate among my Children then said daughter shall be entitled to an equal share a long [orig: among] the rest of my Children of the personal estate I also give & bequeath to said [Will Book Volume F, page 131] Daughter Hannah a mare, and Cow Item It is my wish and will that my negroes Darkis [Dorcus] Peter Gourden to be hired and out privately during my Wife's life time & the money arrising from the hire of said negroes to be equally divided between my wife & Children And at her death together with the negro woman Cilvia & child to be sold privately Out of the money arising from the sales of the above named negroes I will & bequeath to my son John one hundred & seventy five dollars as his proportionable part of said negroes the ballance of the money arising from the sales of the aforesaid negroes it is my Will & Wish shall by equally divided among the following of my Children David William Henry Nancy Cates Berry Willie Elizabeth Trip Green & Delia Robards s[h]are & share alike Item at the death of my wife Rebecca I give & bequeath all the land I have lent her during life to my son Green & the household & kitchen furniture to gether with what stock she may have I give & bequeath to my four Daughters Nancy Elizabeth Hannah & Delia And I do more over Constitute & appoint my sons David & Berry Executors to this my Las[t] Will & Testament In witness whereof I do here by affix my hand & seal Signed and sealed in the presence } of } E Graves } The words inserted or interlined A Graves } between the twenty fifth & sixth lines J Careathers } and re[a]d as thus and the money Ruffin Andrews } arising from the hire of said } Negroes to be equally divided between my wife & children" were inserted at a subsequent period by the express request of the testator April 13th 1838 Test E Graves A Graves [Will Book Volume F, page 132] Orange County May Term 1842 A paper writing purporting to be the last Will & Testament of Laban Andrews Late of Orange County deceased [was] propounded for probit[probate] to the Court by David Andrews one of the executors named therein & Ruffin Andrews one of the attesting witnesses thereto being duly sworn deposed & said that in October 1839 the said Laban Andrews produced the said paper writing to the witness & John Carethers already signed by him and attested by E. Graves & A Graves with the written memorandum there upon it attested by E. Graves & A Graves [&] bearing dated[sic] Aprile 13 1838 & declared by the same to be his last Will & Testament & requested them to attest it as witnessed which they both did in the presence of each other & of said Laban Andrews & that said Laban Andrews is thus in the full possession of his mental faculties whe[re]upon the court ordered the said will to be recorded Additional Comments: Will Book Volume F, pages 130-132 Recorded May 1842 The 1855, handwritten copy was much more difficult to read, interpret and understand than the original will. There were also number of omissions. Estate Papers comprise 28 pages and are found in a folder labeled "Andrews, Laban (1842)". Some transcribed below [Estate Papers - Fieri facias ] 7th March 1842 Then levied this execution on the Defendants undivided interest in the following named negros (to Wit) Negro woman named Darcas Negro woman " Lucy Negro boy named Tom Negro girl named Silvey negro Man " Peter negro Man " Jordan which negroes are willed by Laban Andrews to his wife for her life and then to Defendants & other W McCauley Deff [back] Fifa Ished[issued] the 4th June 1842 Thos. Long JP [Estate Papers - Petition Exparte May 1842] State of North Carolina } Court of Pleas and Orange County } Quarter Sessions May Term 1842 To the Worshipful the Justince of said Court The petition of David Andrews executor of Laban Andrews humbly sheweth unto your worships that Laban Andrews late of the County of Orange hath departed this life leaving a last will and testament which was duly proved at the present term of this Court and ordered to be registered, in which your petitioner is ap- pointed his executor who has accepted the appointment, qualified and is acting as such. Your petitioner shews that the perishable estate left by the said Laban Andrews will not be of value sufficient to pay his debts - And that among the negroes belonging to said estate there is one by the name of Lucy, a child born after the making of the will and before the death of the testator which negro he is advised does not pass by the will; and he prays your worships that by an order of this Court he may be directed to sell the said negro for the payment of debts ----- J. W. Norwood Atto. [page 2] This case coming on to be heard upon the pe- tition and the Court being satisfied as to the truth of the facts therein stated: It is ordered and adjudg- ed that David Andrews the executor of Laban Andrews deceased sell the negro Lucy mentioned in the petition on a credit of twelve months at the last residence of Laban Andrews deceased after advertising the sale twenty day, that he take bond & good security from the purchaser & report to the next Court. [Estate Papers - Estate Sale 17 Jun 1842] A list of the property sold at the sale of Laban Andrews deceased this 17th of June 1842, to wit [sundry articles omitted] One negro girl by the name of Lucy soled to John Andrews 160.50 Negro John Lloyd hired Peter till 1 Jany next for ------ 28.00 David Andrews due for negro hire 1 Jan 1843 $65 By part payment ----------------- 16.25 48.75 Sale on a credit of nine months, except the negro & that on a credit of 12 months David Andrews [Estate Papers - Arbitration Results] Whereas the undersigned C. Jones & J.W. Norwood were appointed arbitrators by David Andrews & Hen= ry Andrews to settle & determine by award for them all matters in dispute between them in re= lation to the estate of their father the late Laban Andrews deceased; & the said parties did re= fer to the said arbitrators all such matters: Now therefore the undersigned having fully considered all the allegations & proofs which the said parties have laid before them at their several meetings & duly reflected upon & examined the while matter, do hereby award the David Andrews do release to Henry Andrews all the right title & interest which said Daivd claims in negroes, Jordan Peter & Tom by rea= son of his purchase at execution sale; and we further find & award that the balance which was due to Henry Andrews for the estate of his fa= there on account of negro hire (& a small surplus of money in the hands of the executor in 1844) is the sum of $33:65 including his share of negro hire for the present year - of which sum after deducting $15:74, which said Henry owed to said David, then remains due to said ["David" x-out] Henry the sum of Seventeen dollars and ninety four cents ($17.94) which sum by the direction of said Henry Andrews, we have interest as a payment on a note which said Henry owes to said David for $39; which was payable to J.H. Crutchfield & indebted[?] him to said David. We further award that each of the par= ties having one half the Court costs of the petition, not in= cluding any attorney's fee; & that they pay to the arbitrators jointly the sum of Twenty dollars for their compensation. Signed sealed and [page 2] delivered by the undersigned as their a= ward aforesaid this the 25th day of July 1847 J.W. Norwood (seal) Cad: Jones Jr. (seal)