Orange County NcArchives Wills.....Armstrong, Rachel February 13, 1823 ************************************************ 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 E, page 143 Written: February 13, 1823 Recorded: Aug 1827 Testator: Rachel Armstrong State of North Carolina I Rachel Armstrong of Haw River in Orange County do make, publish and declare this to be my last will and testament, hereby revoking all former Wills by me made -. I devise and bequeath to my Niece Anne Glass Daughter of Stephan and Betsey Glass, all the Estates both Real and personal of which I die possessed on to which I have Title or claim. -------. I appoint Thomas Ruffin and Archibald D. Murphy Executors of this my last Will --- In Witness Whereof I have hereunto set my Hand & Seal this 13th February A.D. 1823 Signed Sealed published her and declared as the last will Rachel (+) Armstrong (seal) of Rachel Armstrong, in mark the presence of us, who have attested the same in her Presence.----- A.D. Murphy Jurat Victor M. Murphy [Will Book Volume E, page 143] State of North Carolina I Rachel Armstrong of Haw River in Orange County do make, publish & declare this to be my last Will & Testament ~~ hereby revoking all former Wills by me made:~~ I devise and bequeath to my Niece Ann Glass daughter of Stephan and Betsey Glass, all the Estates both real & personal of which I die possessed on to which I have title or claim ~~ I appoint Thomas Ruffin and Archibald D. Murphy Executors of this my last Will ~~ In Witness Whereof I have hereunto set my Hand & Seal this 13th February A.D. 1823 ~~~ her Signed, Sealed, published & Rachel (x) Armstrong (seal) declared as the last Will mark of Rachel Armstrong in the presence of us who have attested the same in her presence ~~ A D Murphy Victor M. Murphy Orange County August Term 1827 ~~ The Execution of the foregoing last Will and Testament of Rachael Armstrong was duly proved in open Court by the Oath of Archibald D. Murphy one of the subscribing Witnesses thereto & Ordered to be recorded ~~ Test Additional Comments: Will Book Volume E, page 143 Recorded Aug 1827 Estate papers comprise 21 pages and are found in a folder labeled "Armstrong, Rachel (1827)". Some family history details found in these papers transcribed above, although these papers pertain to Rachael Armstrong, they refer to the estate of her father, John Armstrong (Will 1790) [Estate Papers - Bill of Complaint by Rachel Armstrong 22 Jul 1823] State of North Carolina } Orange County } In Equity To the Honorable the Judge of the Court of Equity for Orange County The Bill of Complaint of Rachael Armstrong Against John Lancaster and Margaret his Wife Stephen Glass and Betsey his wife & Mary Smart - Humbly complaining sheweth Unto your Hounour your Oratrix Rachael Armstrong of Orange County, that John Armstrong late of said County did many years ago having previously published in Writing his last Will, which after his death was duly proved, the same being executed in Such way as to pass his real as well as his personal estates. that the said John Armstrong left a Widow, since dead, and five Children to wit Mary Smart, William, since deceased, Your Oratrix, Margaret since intermarried with John Lancaster & Elizabeth, Since intermarried with Stephen Glass -. That in and by the said Will, the Testator devised the Use & Profits of all his land to his Widow during her Widowhood, and then devised to his Son William the Tract of Land containing two hundred Acres, whereon he the Testator lived, bounded by Haw River, the lines of John Holmes, Moses Crawford & Richard Christmas: aand to his Daughter Elizabeth, he devised his lower plantation containing one hundred Acres, and bounded by Haw River, the Lines of Richard Christmas Thomas Trousdale & Robert Hunter -- : And after giving certain pecuniary Legacies to two of his Children, he "willed and bequeathed to your " Oratrix what would maintain her out of two plantations aforesaid; " two thirds of her Maintenance to come out of the Land devised to his Son " William, and the other third out of the land devised to his Daughter Elizabeth ( to be [page 2] " to be found her Annually during her life.": But for greater Certainty Your Oratrix prays to reference to the said Will, now of record in Orange County Court --. She further shews that William one of the aforesaid Devisees died many years ago an Infant and without Issue, and Your Oratrix and hers Sister aforesaid, Mary, Margaret and Elizabeth are his Heirs at Law, and the Tract of Land of two hundred Acres devised to the said William was divided Among them after his Death. She Shews that by an Affliction of Providence She is disabled and deformed, and on that Account her Father charged her Maintenance upon the Lands Aforesaid; but that by Strict economy & steady Industry, She succeeded many year in maintaining herself, and imposed no Burthen upon her Sisters. Of late years, Age being added to her unfortunate Condition, She hath become unable to maintain herself and hath repeatedly called upon the said Mary Smart, John Lancaster and Stephen Glass to provide for her a comfortable Maintenance, and in Particular hath requested them to furnish her with Suitable Diet and Clothing and to provide for a Servant to take Care of her, get her Tin? Word?, cook & wash for her & to do other necessary Offices about her House, she being willing to Sustain a reasonable portion of all Such Charges, by Reason of the Land which descended when as one of the Heirs of the Said William Armstrong Decd. : And she hoped that they would not only provide for her future comfort & Support, but also pay her her a reasonable Sum for the Years preceding, during which they were bound to maintain her, her Maintenance for those Years being a Debt which they owed to her: But they have refused to comply with this request, and pretend that the Lands aforesaid are not charged with her Maintenance : All with Actings and Doing are contrary to good ( conscience [page 3] Conscience; & for a much as Your Oratrix is remediless in the Premises Save only in this Court; and to the end that the said Mary Smart, John Lancaster & Mary his Wife, Stephen Glass and Betsey his Wife, may upon their Oaths, full, true & perfect answers make to all and Singular the Charges of your Oratrix's Bill, And to the further end that an Account my be taken of her Maintenance Annually, Since the death of her Father, and also of what it now is and is likely to come; And that an Account be also taken of the respective Sums which the Said John Lancaster & Margaret his Wife, Stephen Glass & Elizabeth his Wife, should contribute towards her Maintenance, or will for time past as for the time to come, and that they be decreed to pay the Same to you Oratrix at Such times and in Such way as this Court Shall order and direct: And that Your Oratrix may have such other and further Relief in the Premises as is agreeable to Equity & good Conscience : May it please your Honour to grant to your Oratrix the States Writ of Subpoena to be directed to the said Mary Smart, John Lancaster and Margaret his Wife, Stephen Glass & Elizabeth his Wife, commanding them & each of them to be and appear before your Honour in this Court on the third Monday of September next, then & there to answer your Oratrix's Bill and to Stand to, abide by & perform, Such Order & Decree as your Honor Shall make in the Premises in? & She as in duty bound will every pray ~~~ Ruffin & Murphey - for Cmptt To Sept. term 1823