Orange County NcArchives Wills.....Attwater, Moses July 4, 1836 ************************************************ 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, pages 392-393 Written: July 4, 1836 Recorded: Nov 1836 Testator: Moses Attwater I Moses Attwater of the County of Orange and State of No. Carolina do make this to be my last Will & Testament in mannor and fororm[sic] following. I lend it to my wife Amey, three Negro Boys, named Joe, Jack & Aaron, likewise two Negro Women Milly & Anne and Anne's two Children John [and] Stephen. likewise the land & plantation where on I now live, estimated at four hundred Acres, also the land that her Father left her, & forty Acres Adjoining the same, & fifty Acres adjoining which I took up; also three choice work horses, geers, & plows for the same, & working tools sufficient to carry on the farm; three Cows & Calves, five Ewes & lambs, Hogs sufficient for her families use one year and sows & pigs sufficient to raise from for future support, with Kitchen & Table furnature sufficient for her use, two feather beds --- steds & furniture, & likewise four hundred dollars in cash, if it should be needed for her support, otherwise to return to my estate. And at the death or Marriage of my said wife Amey; I give and bequeath to my son Gehiel all the property, both real and personal, (except the cash, which is herein mentioned and intended to be loaned to my wife Amy, during the term of her natural life or widowhood) to him his heirs, and assigns for ever. I give and bequeath to my son Willson, all my land lying on the west side of the highland pond branch to the Meadow branch, & west of a line from the said Meadow branch to a poplar South to a post oak Corner in James Norwoods line, to him his heirs & assigns forever --- --- --- --- --- I give and bequeath to my son Edmund fifty dollars in cash, to him his heirs and assigns for ever. I give to my son Jahaza, all my lands lying south of the line called Daniels line, near Betty Smiths Old Cabbin, and all south of Maderson Cooks line to Isham Smiths spring branch: also a small piece or parcel of land estimated at fifteen or twenty Acres, bounded by land which said Jahaza purchased from John Fearrington, and Fearringtons Old Mill path leading to the Cotten gin house, on the south side of the Creek. to him his heirs and assigns for ever. I lend to my daughter Lois Strowd during the term of her Natural life, a Negro Girl named Joice, with her increase, which Negro Girl said Lois has now in possession, and at the death of my daughter Lois, I give [page 2] I give and bequeath the Said Negro Girl Joice, with her increase, to any, and all the children of my said Daughter Lois, share and share alike, to them their heirs and assigns for ever. I lend to my daughter Celia Strowd, The Negro Girl Mary, which she Now has in possession, with her increase, during the term of her Natural life, and at her death, my Will is that the sd Negro Girl, with her increase, shall go to & descend to any & all the Children of my said Daughter Celia, share and share alike, to them their heirs and assigns for ever. I give to my son Gehiel, the balance of teh Mill tract of land purchas -ed from Fearington, not before given to my son Jahaza, likewise the balance of the land in Chatham, not already given away, lying on the south side of of[sic] the land I now live on, to him his heirs and assigns for ever. I leave all my Negroes not hearin mentioned, to be equally divided betwixt my Sons Wilson and Jahaza & my two Daughters Lois Strowd and Celia Strowd, to be theirs, their heirs and assigns for ever All the remainder of my Estate, not herein mentioned, of whatever kind or quality it may consist, I leave to be sold, and the proceeds of such sale, together with the cash I may leave & the surplus of the Money loan'd to my wife, if not applied to our use, Divided amongst all my Children, share and share alike, Vizt. Wilson, Edmund Jahaza, Gehiel, Lois Stroud[sic] & Celia Stroud[sic]. And I direct, that if any of my Children should die, before the division of my Estate shall take place, that then the child or Children of such dec'd Child or Children surviving the parent legatee, shall represent their dec'd parent, & receive the share that their dec'd parent or parents would have been entitled to under my Will. Lastly I constitute and appoint my two sons Wilson & Jahaza Executors of this my last will & Testament. In testimony whereof I do here unto set my hand & Seal this 4th of July 1836 Sign'd sealed & publish'd in presence of } Moses Attwater J.H. Norwood } Martha Bilnoop } Jurat Jahaza atwater qualifd as Exr. Wilson atwater renounced his rights as Exr. [Will Book Volume E, page 392] I Moses Attwater of the County of Orange and State of No. Carolina do make this to be my last Will and Testament in manner and form following I lend it to my wife Amey, three Negro Boys named Joe, Jack & Aaron, likewise two negro Women Milly & Anne & Annes two Children John & Stephen likewise the land & plantation where on I now live Estimated at four Hundred Acres Also the land that her Father left her & forty Acres Adjoining the same & fifty Acres adjoining which I took up also three choice work horses geers and plows for the same & Working tools sufficient to carry on the farm three Cows & Calves five Ewes & lambs Hogs sufficient for her families use One year and sows and pigs sufficient to ra[i]se from for future support with Kitchen & Table furniture Sufficient for her use two feather beds steds and furniture & likewise four Hundred Dollars in Cash if it should be needed for her support otherwise to return to my Estate. And at the death or marriage of my said Wife Amey I give and bequeath to my son Gehiel all the property both real and personal (except the cash Which is herein mentioned and intended to be loaned to my Wife Amey during the term of her natural life or widowhood) to him his heirs and assigns for ever ~~ I give and bequeath to my son William[Willson] all my land lying on the West side of the Highland pond branch to the Meadow Branch & West of a line from the said Meadow branch to a popular[sic] South to a poast Oak Corner in James Norwoods line to him his heirs & assigns for ever ~~~~~~~ [The following passage was found in the loose will, missing in will book] I give and bequeath to my son Edmund fifty dollars in cash, to him his heirs and assigns for ever. [end of missing passage.] I give [x-out] to my son Jahaza all my lands lying South of the line called Daniels line near Betty Smiths Old Cabbin, and all South of Maderson Cooks line to Isham Smiths Spring branch: also a Small piece or parcel of land Estimated at fifteen or twenty Acres bounded by land which said Jahaza purchased from John Farrington, and Farringtons Old Mill path leading to the Cotton Gin house, on the south side of the Creek to him his heirs and Assigns for ever I lend to my dau =ghter Lois Strowd during the term of her natural life a negro Girl named Joice With her increase Which negro Girl said Lois has now in possession and at the death of my daughter Lois I give and bequeath the said negro Girl [Joice] with her increase to any and all the Children of my said Daughter Lois share and share alike, to them their heirs and assigns for ever ~~~ I lend to my Daughter Celia Strowd, the negro Girl Mary Which she now has in possession With her increase, during the term of her natural life and at her death my Will is that the said negro Girl with her Increase Shall go to & descend to any & all the Children of my said Daughter Celia share and share alike to them their heirs and assigns for ever I give to my son Gehiel, the balance of teh Mill tract of land purchased from Fearington not before given to my son Jahaza likewise the bal= ance of the land in Chatham not already Given away lying on the [Will Book Volume E, page 393] South Side of the land I now live on, to him his heirs and assigns for ever. I leave all my negroes not hereinmentioned to be Equally Divided betwixt my sons Wilson and Jahaza & my two Daughters Lois Strowd & Celia Strowd to be theirs their heirs and assigns for ever ~~ all the remainder of my Estate not herein mentioned of whatever kind or quality it may Consist I leave to be sold and the proceeds of such sale together with the Cash I may leave & the surplus of the Money loaned to my Wife if not applied to our use Divided Amongst all my Children Share & Share alike (Viz) Wilson, Edmund Jahaza, Gehiel, Lois Strowd & Celia Strowd and I direct that if any of my Children Should die before the division of my Estate Shall take place that then the Child or Children of Such decd. Child or Children surviv =ing the parent legatee Shall represent their decd parent & Receive the share that their dec'd parent or parents Would have been entitled to under my Will Lastly I Constitute and appoint my two sons Wilson & Jahaza Executors of this my last Will & Testament In [x-out] Testimony [whereof] I do hereunto set my hand and seal this 4th of July 1836 Signed sealed & published in presence of } Moses Attwater J.H. Norwood } Martha Bilbow } Orange County November Term 1836 ~~~ The Execution of the foregoing Last Will and Testament of Moses Attwater dec'd. was duly proved in Open Court by the Oath of J H Norwood & Martha Bilbow the subscribing Witnesses there to and ordered to be Recorded At the same time Jahaza Attwater one of the [x-out] Executors therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 392-393 Recorded Nov 1836 Many "t"s not crossed and "i"s not dotted. Transcribed as if they were. No estate papers found.