Orange County NcArchives Wills.....Atkins, Frances May 27, 1859 ************************************************ 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 G, page 377 Written: May 27, 1859 Recorded: Nov 1861 Testator: Frances Atkins North Carolina } Orange County } In the name of God Amen I Francis Atkins of the county and state afforsaid being far advanced in years but of Sound mind and memory blessed bee god do make constitute order and declare this my last will and testament in manner and form following, that is to say first that my Executor herin after named shall provid for my body a decent burial suitable to the wishes of My relations and friends and pay all funiral expenses together with my Just debts whomsoever owing out of the money that may first come into thire hands as a part or parcel of my Estate. Item first I want all my negro property divided into six shares, giving unto Josiah one share William S one share Jame[s] H. one share Lucindas heirs one share Martha J. one share Aniliza one share I allso want my Crop and stock and housenfurn[iture?] and mony and notes to be divided in four Shares giving unto Josiah one share Lucinda[sic] heirs one share Martha one share Aniliza on[e] share and lastly I constitute and appoint my son Josiah Atkins Executor to this my last will and testament wharof I have hearunto[sic] set my hand [and] seal this 27 of May 1859 Signed sealed and Delivered in presence of her Thomas Hogan Jurat Frances (*) Atkins (seal) A M Carlton Jurat mark qualified [Will Book Volume G, page 377] North Carolina } Orange County } In the name of God Amen I Francis Atkins of the county and State aforesaid being far advanced in years but of Sound mind and memory blessed be God do make constitute order and declare this my last will and Testament in manner and form following that is to say first that my Executor hereinafter named shall provide for my body a decent burial Suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts whomsoever owing out of the money that may first come into their hands as a part or parcel of my estate Item First I want all my negro property divided into Six Shares giving unto Josiah one share William S one share James H one share Lucinda's heirs one share Martha J. one share Aneliza one share I also want my crop and stock and house furniture and money and notes to be divided in four Shears giving unto Josiah one share Lucinda's heirs one Shear Martha one share Aneliza one share and lastly I constitute and appoint my son Josiah Atkins Executor to this my last Will and Testament whereof I have hereunto set my hand [and] seal this 27th of May 1859 her Signed sealed and Frances (X) Atkins (seal) delivered in presence of mark Thomas Hogan A M Carlton Orange County Court November Term 1861 The foregoing last will & Testament was duly prove in open Court according to law [Estate Papers - Inventory 24 Feb 1847] The following is a list of the property set apart to Frances Atkins; widow of Josiah Atkins Senr. decd. according to the directions for the last will & testament of the said Josiah & the receipt of the said Frances there= fore Witness our hand this 24th Feb= ruary 1847 William S. Atkins Josiah Atkins, Jr. Executors 1 Negro boy Sam 1 Ditto Ben 1 Woman Celia 1 Ditto Trecia 1 Ditto Binia 1 girl Hasty 1 Boy Sandy 1 Ditto Rufus 1 Ditto Haywood 1 Girl Penny 4 Head Horses [sundry articles omitted] [Estate Papers - Division of Slaves 13 Mar 1852] North Carolina } Orange County } The undersigned Thomas Hogan AM Carlton and Lewis M Harward who were heretofore appointed commissioners to divide and allot the slaves of Mrs. Frances Atkins Decd. between her legatees beg leave to submit the following report They[?] devide the slaves into six lots with the value as affixed below towit Number one is to consists[sic] of Sam and one hundred and thirty three dollars -- Number two consists of Ben and is to pay to No(6) sixty seven dollars ---- Number three consists of Matthew and is to pay to No 1 - one hundred and thirty three dollars and also No 6 - Eight four dollars --- Number Four consist of Lewis and is to pay to No 6 - one hundred and sixty seven dollars Number five consists of Alvice and is to pay to No 6 - one hundred & seventeen dollars Number six consists of Bina and Ben and is to receive four hundred and thirty five dollars They also report that it was decided by lot that the Children of Lucinda Burroughs should receive Number one; Needham Beckwith and [page 2] wife Ann Eliza Number two; James K Atkins Number three; Josiah Atkins Number Five Pleasant Trice & wife Martha Number Four and William Atkins Number Six Given under our hands and seals this 13th day of March 1852 Thomas Hogan (seal) A M Carlton (seal) L M Harward (seal) [Estate Papers - Petition to Divide Slaves] North Carolina } Orange County } To the worshipful the Justices of said County --- The petition of Josiah Atkins William S. Atkins James Henry Atkins, Pleasant Trice & wife Martha, Needham Beckwith & wife Ann Eliza, Joseph G. Hogan & wife Frances, ------ Tyson[?] & wife Martha and William Boroughs respectfully represents That your petitioners are tenants in common of the following slaves, towit Sam, Ben Brie, & her four children: the said Josiah, William S. James H. Pleasant Trice & wife and Needham Beckwith & wife being each entitled to one sixth part of the same and the said Joseph & wife, ______ Tyson & wife & Wm Boroughs ~~ being together entitle to one sixth part. Your petitioners pray that said slaves be by order of this Court divided in severalty amongst your petitioners & that you worships will make such determination[?] &c &c Any your petitioners will ever pray &c S. T. Phillips Ordered by the Court that Thomas Hogan C. M. Carlton & Louis Harwood be appointed Commissioner to divide the slaves mentioned in the above petition - giving to Josiah Atkins, William S. Atkins, James H. Atkins [page 2] Pleasant Trice & wife Martha, Needham Beck- with & wife Ann Eliza each one share, and to Joseph C Hogan & wife Frances, William Borough and ______ Tyson & wife Martha one share amongst them -- and that they report under this hands and sales to the next term of this Court [Estate Papers - Petition to divide land Febr. 1862] North Carolina } Court of Pleas &c Orange } Febr. 1862 To the worshipful Justice &c The petition of J. H. Atkins, Josiah Atkins, William S. Atkins, Pleasant Trice and wife Martha, Needham Beckwith & wife Eliza Ann, William Boroughs, James Tyson & wife Martha Ann, and Joseph C. Hogan & wife Frances respectfully sheweth that your petitioners are tenants in common of the tract of land for- merly belonging to Josiah Atkins Senr. of this County & lately the residence of Frances Atkins deceased containing about Six Hundred & Eight Acres more or less adjoining the land of Mordecai Sears Monroe Carlton & others; that under the will of said Josiah Atkins Senr deceased said land was devised to your petitioners James H Josiah, William S. Pleasant Trice & wife Martha Needham Beckwith & wife Eliza Ann, and to his daughter Lucinda - who has intermarried with John Burroughs and died leaving William Burroughs, Martha Ann Tyson and Frances Hogan petitioners? also that James H Atkins has sold his share in said tract to said Josiah Atkins petitioner; Know? that said land shall be divided into Six shares, ~~ two of them to be allotted to your petitioner Josiah, one each to your other peti- tioners excepting the heirs of Linda Burroughs and one slave among said heirs of Lucinda & render[?] you petitioners may have due? relief May it please your Worships &c S. T. Phillips for petitioners [page 2] N Carolina } Court of Pleas &c Orange County } Febry. Term 1862 Ordered by the Court that Hugh B. ??? Thos Hogan, Monroe Carlton Lewis Harwood and John John D Carlton be ap- pointed Commissioners to divide the land lately the residence of Mrs Frances Atkins among the peti- tioners - giving to Josiah Atkins two shares ; to Wm S. Atkins one share; to Martha Trice one share; to Ann Eliza Beckwith one share; and to the heirs of Lucinda Burroughs, viz. William Burroughs, Martha Anne Tyson and Frances Hogan one share between then (in all six shares) and that they make report under their hands and seal how they have executed this order to the next term of this Court Additional Comments: Will Book Volume G, page 377 Recorded Nov 1861 Estate papers comprise 157 pages and are found in a folder labeled "Atkins, Francis (1862)". This includes petitions to divide slaves and to divide lands. A number of notes held by the testator resulted in suits, warrants, receipts, etc. Some of these estate papers pertain her husband's estate - that of Josiah Atkins, Sr.