Orange County NcArchives Wills.....Atkins, Josiah September 23, 1839
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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 310-312
Written: September 23, 1839
Recorded: Nov 1846
Testator: Josiah Atkins

North Carolina    } To Wit
    Orange County }
               In the name of God Amen I Josiah
Atkins Senr. of the County and State aforesaid being far
advanced in Years but of Sound mind and memory Blessed
be God do make Constitute ordain and declare this my
last Will and Testament in Manner and form follow=
-ing that is to say first that my Executors hereinafter
named Shall provide for my body a decent burial Suitable
to the wishes of my relatives and friends and pay all funeral
expenses together with my Just debts howsoever and to
whomsoever oweing out of the monies that may first come
into their hands as part or parcel of my Estate

Item I Give and bequeath to my wife Frances Atkins
The Tract of land where on I now live with all the
Farming tools during her life and all the house hold
and Kitchen Furniture one waggon and team one ox Cart
and oxen Thirty or forty head of hogs Twenty head of Sheep
one negro Man by the name of Brister one negro Man by the name
of Sam one negro Man by the name of Ben one negro woman
by the name of Sealy one negro woman by the name of Bine and
her increase but if She [Frances] marries[,] Bine and her increase to be
hers only [during] her lifetime and the other four for her life-
time also five Cows & Calves one negro woman by the
name of Lucy during her life

[page 2]
[Two lines heavily marked through: "I give and bequeath to my Daughter ??? ???"]
["one negro man by the name of ??? ????????"]

Item I Give and bequeath to my Daughter Martha
Atkins one negro woman by the name of Candice and
all of her Children or as many as will make her Equeal
to the rest with the increase hereafter one horse to be
worth one hundred Dollars or a hundred Dollars in
money one Good Bed and Furniture two Cows & Calves

Item I Give and bequeath to my Daughter Ann
Eliza Atkins one negro woman by the name of Liza
She and her four children & increase and as much
of other property or money as will make her part
Equeal to the rest one horse to be worth one hundred
Dollars or one hundred Dollars in money two Cows & Calves
one Good bed & furniture

Item I Give and bequeath to my two Grand Daughters
Elizabeth Atkins and Sarah Atkins five Dollars
each

My desire is that all the property that I have not Willed
away Shall be Sold after my Death and Equeally Devided
between my Six Children to Josiah Atkins Jr. Wm. S.
Atkins James H. Atkins Lucinda Boroughs Martha
Atkins Ann Elisa Atkins so as to make each
Share Equeal

[page 3]
and lastly I Constituet[sic] and appoint my Sons
Josiah Atkins & Wm. S. Adkins Executors to this my
last Will and Testament in Testamony whereof I
have hereunto set my hand and Seal the 23rd day
of September 1839

Signed sealed and
delivered in presence of
T. Bibb                     Josiah Atkins (seal)
Lemuel M Morgan Jurat
Rot Barbe also sworn

[Will Book Volume F, page 310]
North Carolina }
 Orange County }  To Wit
               In the name of God Amen I Josiah
Atkins Senr. of the County & State aforesaid being
far advanced in years but of sound mind &
memory blessed be God do make, Constitute
ordain & declare this my last will & testament
in manner & form following that is to say [first] That
my Executors hereinafter named shall provide
for my body a decent burial suitable to the
wishes of my relatives & friends & pay all funeral
expenses together with my Just debts howsoever &
to whomsoever owing out of the moneys that
may first come into their hands as part or parcel
of my estate

Item I give & bequeath to my wife Frances Atkins
the tract of land whereon I now live with all the
farming tools during her life & all the household
& Kitchen furniture one wagon & Team one ox cart
& oxen & thirty or forty head of hogs twenty head of
sheep, one negro man by the name of Brister, one
negro man by the name of Sam, one negro
man by the name of Ben, one negro woman
by the name of Sealy, one negro woman by the name
of Bine & her increase But if she [Frances] marries[,] Bine &

[Will Book Volume F, page 311]
her increase to be hers only [during] her lifetime & the other four
for her lifetime, also five cows & calves one
negro woman by the name of Lucy[Frecy?] during
her life

Item I give & bequeath to my daughter Martha
Atkins one negro woman by the name
of Candice and all of her Children or
as many as will make her equal to the
rest with the increase hereafter one horse
to be worth one hundred dollars or a
hundred dollars in money one good
bed & furniture two cows & calves

    Item I give & bequeath to my daughter
Ann Eliza Atkins one negro woman by the name
of Liza She and her four children & increase
and as much of other property or money as
will make her part equal to the rest, one horse
to be worth one hundred dollars or one hundred dollars in money
two Cows & Calves, one Good bed & furniture

    Item I give & bequeath to my two grand
daughters Elizabeth Atkins & Sarah Atkins
five dollars each

    My desire is that all the property that
I have not Willed away shall be sold after my
death and equally divided between my six
Children to Josiah Atkins Jr. Wm. S Atkins James
H Atkins Lucinda Borroughs Martha Atkins
Ann Elisa Atkins so as to make each share
equal ~~ And lastly I constitute & appoint
my sons Josiah Atkins & Wm. S Adkins Executors
to this my last will & testament In testimony
whereof I have hereunto set my hand & seal
the 23rd day of September 1839
Signed sealed & delivered in
presence of
T. Bilbo               Josiah Atkins (seal)
Lemuel M Morgan

(Christopher Barbee also sworn)

[Will Book Volume F, page 312]
Orange County Court Novr. Term 1846
The Execution of the foregoing last Will & Testament
of Josiah Atkins decd. was duly proved in open
Court by the oath of Lemuel M Morgan one of
the subscribing witnesses thereto Christopher Barbee
also proved the hand writing of T. Bilbo the
other subscribing witness, and the said will
was ordered to be recorded whereupon the
Executors therein named were qualified
                   Test

Additional Comments:
Will Book Volume F, pages 310-312
Recorded Nov 1846

Estate papers comprise 48 pages and are found in a folder labeled "Atkins, Josiah, Sr. (1846)".
Note that some papers pertaining to this testator's estate are found in his widow's papers, in the folder labeled "Atkins, Frances (1862)".  See her will.

[Estate Papers - Estate Sale (undated)]
Inventory
An inventory of the personal property
of Josiah Atkins, Decd., which came into
the hands of Josiah Atkins and William
S. Atkins Executors.  ["Cash on hand one" x-out]
["hundred and seventy dollars and five cents" x-out]
exclusive of what was allotted to widow of Testator.

1 Negro boy   Charles                     545
1 Ditto Ditto Alis                        621

[Estate Papers Division of Slaves Nov 1846]

North Carolina } Court of Pleas & Quarter Sessions
 Orange County } Nov Term A.D. 1846

It is ordered by the Court that John William
Henry William Will Barker, Mordicai
Sears & James Patterson be appointed
Commissioners, to value the negro slaves
bequeathed in the last Will & Testament
of Josiah Atkins Senr. decd., to his daughters
Martha and Anne Eliza, respectively,
now Martha Trice, wife of Pleasant Trice -
& Anne Eliza Mason, wife of Wesley Mason;
and assign & allot by name each of
the said slaves to the said legatees, res=
pectively, as may be necessary to constitute
the equality required by said will, among
the Children of the said Testator.

    It is further ordered by the Court
that after the aforesaid valuation &
allotment shall have been made by
the commissioners aforesaid that the
Executors of the said will proceed to
sell, after due advertisement, to the high=
est bidder, upon a credit of twelve months,
the purchasers giving bond with approved
security, the residue of the slaves & other
property of the said Testator not specifi=
cally bequeath in said will, according
to the direction in said will contained -
[the next page seems to be missing]

[Estate Papers - Estate Sale 21 Jan 1862]

A list of sale of the Negroes belonging
to the Estate of Josiah Atkins Sen Decd.
on the 21 day of Jany 1862 by Josiah Atkins
& William S Atkins Executors of Said Estate

Jackson Pearson
    To 1 Negro Woman Trevy[?] age 56                 $51.00

William H Atkins
    To 1 Negro Man William age 52                    470.00

James H Atkins
    To 1 Negro Boy Sandy age 22                      905.00
     " 1  "     "  Haywood " 18                     1400.00

Needham Beckwith
    To 1 Negro box Rufus age 26                      950.00

Mordicai Sears
    To 1 Negro woman Hasky age 24                    610.00

Pleasant Trice
    To 1 Negro girl Penny[?] age 16                  695.00

C.S. Holloman to hire of 2 slaves                      9.92
Sanford Davis to hire of slave                         6.36
Josiah Atkins Jr to hire of slave                      2.13
Harmon Herndon to hire of slave                        3.00
Charley Mason to hire of slave                         1.03