Orange County NcArchives Wills.....Barbee, Benjamin December 23, 1825 ************************************************ 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 122-123 Written: December 23, 1825 Recorded: Nov 1826 Testator: Benjamin Barbee In the name of God Amen I Benjamin Barbee of Orange County in the state of North Carolina being of sound & perfect mind & memory thanks be to God calling to mind The mortality of my body & knowing that it is appointed for all men to die do make and ordain this my last will and testament in manner & form that is to Say First I give and bequeath unto Pheby my dearly belov'd wife the one third of my land and likewise a Negro girl named Silvia dureing her Natural life Item It is my wish & desire that the resedue of my land after my wife takes her thirds thereof will be sold by my Executors agreeable to law as also all my stock of Horses Cattle & hogs also my Household & kitchen furniture also all my farming Utentials and my waggon and my Slave Peter to be sold agreeable to law & the whole amount of the sale to be eaqually divided between my wife and my children that is to say my son Gabreel my daughter Jimima Rainy and Polly for there[sic] children only Item I leave to my daughter Betsy five dollars Item should my son Gabril depart this life previous to the death of his wife the amount of what might come to him from the sale of the property above mentioned to go to her son Frances who I rais'd also my grand son Frances Barbee son of Gabreel Barbee is to have a[n] equal part of the amount of land Item on the death of my wife Phebe her part of the land to be sold & equally divided between my son Gabriel & the children of my three daughters Jemima Rainy and Polly NB I leave my sons Gray Heirs 50 cents[Note 1] I hereby make and ordain my Worthy friend Gabreel Barbee ["???" struckout. Note 2] my true & lawful Executors of this my last will and testament ["November" struck-out]December 23rd 1825 Signed sealed published pronounced & declared by the sd Benjamin Barbee as his last will and testament his Test Benjamin [ink blob] Barbie (seal) Isaiah Markum } mark } Jurat William Cooke } Exr qualified [Will Book Volume E, page 122] In the name of God Amen I Benjamin Barbee of Orange County in the State of North Carolina being of sound & perfect mind & memory thanks be to God Calling to [Will Book Volume E, page 123] mind The mortality of my body and knowing that it is appointed for all men to die do make & ordain this my last Will and testament in manner & form that is to say ~~ First I give and bequeath unto Phoebe my dearly beloved Wife the one third of my land & likewise a negro girl named Silvia during her natural life ~~ Item it is my wish & desire that the residue of my land after my wife takes her thirds thereof will be sold by my Executors agreeable to law as also all my stock of horses, Cattle & hogs also my house-hold & kitchen furniture, also all my farming utensils and my waggon and my slave Peter to be sold agreeable to law & the whole amount of the sale to be equally Divided between my wife & my children, that is to say my son Gabriel, my daughter Jemima Rainey and Polly for their children only ~~ Item I leave to my daughter Betsey five Dollars ~~ Item should my ["daughter Betsey" x=out] son Gabriel depart this life previous to the death of his wife the amount of what might come to him from the Sale of the property above mentioned to go to her son Frances, who I raised, also my grandson Francis Barbee son of Gabriel Barbee is to have a[n] equal part of the amount of land Item on the death of my wife Phoebe her part of the land to be sold and equally divided between my son Gabriel & the children of my three Daughters Jemima Rainey & Polly N.B. I leave my son Gray heirs 50 cents ~~ I hereby make and ordain my worthy friend Gabriel Barbee and William ________ my true and lawful Executors of this my last Will and Testament December 23d 1825 Signed Sealed published pronounced & declared by the sd Benjamin Barbee as his last Will and Testament Test Isaiah Marcom his William Cooke Benjamin (X) Barbie (seal) mark Orange County November Term 1826 The Execution of the foregoing last Will and Testament of Benjamin Barbee decd. was duly proved in open Court by the Oaths of Isaiah Marcom and William Cooke subscribing Witnesses thereto & Ordered to be recorded ~~ At the Same time the Executor therein named qualified accordingly Test Additional Comments: Will Book Volume E, pages 122-123 Recorded Nov 1826 NB = Nota Bene Note 1: This "NB" or Nota bene is inserted with marginal legibility, so not quite sure what this is. It is right between the bequests and the assignment of executors, so might be the name of a forgotten legatee. Note 2: The entire phrase is unusual. It says "worthy friend" followed by his son's name. It says "Executors" but there is only one name left. The crossed-out name is almost completely obscured. Perhaps "Danl" or "Basil", surname "Joseph"? "Light"? Estate Papers comprise 15 pages and are found in a folder labeled "Barbee, Benjamin (1828)". Benjamin Barbee departed this life in the year 1827. [Estate Papers - Estate Sale (undated)] Account of Sales of the Property of Benjamin Barbee Decd. Sold by Gabriel Barbee (Executor) [several pages of sundry articles] [Purchaser Article Amt] Thomas Motley 1 Negro Boy Peter 355.65