Orange County NcArchives Wills.....Barbee, Christopher February 5, 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, pages 321-323 Written: February 5, 1823 Recorded: May 1834 Testator: Christopher Barbee In the name of God Amen, I Christopher Barbee of Orange County and State of North Carolina being in good health and of sound disposing mind and memory do make and constitute my last Will and Testament in manner fol- lowing, that is to say In the first place it is my will and desire that my Executors herein after named shall sell on a credit not exceeding twelve months, my stock of all kinds, the crop on hand and such as may be growing at my death when completed and secured: all my House hold and Kitchen furniture: my Waggons and gear; and all my tools and other plantation implements my Blacksmiths tools excepted, and out of the monies arising therefrom, or from such monies I may die possessed of to pay all my just debts; and to defray my funeral expenses. - It is my wish to be buried decently though not expensively. To remove all doubt or misonstruction of my intentions in the foregoing Item It/ [page 2] It is my will that in the event of my death happening while a crop is growing that the Negroes should be kept together or not divided until the crop is finished; But my Executors may sell such part of the stock as they may think not essential or necessary to enable them to complete the growing Crop. I give and devise to my Son Francis the plantation on which I now reside with all my lands adjoining to him his Heirs and assigns forever. I give and devise to my son William all my lands on Morgans Creek, together with the tract of land on Bolands Creek which I bought of Tapley Boothe, to him his Heirs and assigns forever -- I also give and bequeath to my son William my two Blacksmiths Toney and Gift[Note 1] and my Blacksmiths tools to him his Heirs and assigns for ever Whereas at the marriage of my three Daughters Elizabeth, Nancy and Susanna I gave to them respectively certain Negroes towit to my daughter Elizabeth who married Samuel Allen two Girls called and known by the name of Charlotte and Alea: -- To my Daughter who [Nancy?] who[sic] married Edward Jones two Girls called and/ [page 3] and known by the names of Annaka and Fann: and to my daughter Susanna who married William Henry Merrott three Girls called and known by the names of Dorcas Luck and Pegg which said gifts or bequests with the increase of said Negroes I hereby ratify and confirm to them respectively their Heirs and assigns forever And whereas some years ago being visited by my grand Daughter ["Elizabeth" x-out] Polly Allen daughter of my Daughter Elizabeth who then resided in the State of Tennessee, I loaned to her a certain Negroe Girl known by the name of Rachel and permitted my said Grand daughter Polly to take home with her the said Negroe girl to Tennessee, I therefore give and bequeath to my said Grand Daughter Polly, ["and her Heirs and assigns" x-out] the said Girl Rachel with her increase to her her Heirs and assigns for ever I give and bequeath to my Grand-son Christopher Allen, son of my Daughter Elizabeth, a Negroe Girl to be of the age of ten years, or thereabout, to him his Heirs and assigns for ever I give and bequeath to my Grand son Willis Jones, son of my Daughter Nancy a Negroe Girl to be of the age of ten Years or thereabout, to him his Heirs and assigns for ever My / [page 4] My executors may either furnish the two Girls bequeathed to my said Grandsons from the stock of Negroes I may die possessed of or if they should prefer it may, from the surplusage of the monies arising from the sales of my Crops, stock & tools purchase the said Girls and thereby keep the families of negroes, I may die possessed of more entire or undivided The residue of my Negroes, not specifically herein before bequeathed with their increase; together with the monies I may die possessed of and those that may arise from the sales of my Crop or Crops, tools, furniture and other articles directed to be sold in the first Item of my Will, after satisfying my just debts and funeral expenses, I give and bequeath to my Sons Francis and William their Heirs and assigns for ever share and share alike: and should it so happen that either, or both of my said Sons Francis and William should die before a division takes place of the Negroes and money; it is my will and desire that the legal representatives of him or both dying as aforesaid, Shall enjoy / [page 5] enjoy and possess the share or proportion of him so dying, share and share alike, in the same manner & proportion and in the same way as if no such deaths had happened . It is my Earnest desire and will that the residuary Negroes maybe divided by the Legatees in such a way or manner that the families may be kept as entire as possible. Lastly I nominate and appoint my Son William and my friend Mace Patterson Executors of this my last will and Testament, and I earnestly entreat them to undertake the Execution thereof Hereby revoking and making void all Wills heretofore made by me In testimony whereof I have hereunto set my hand and affixed my seal the 5th day of February 1823 --- The erasures made before signing Chris Barbee (seal) Signed sealed published & pronounced by the Testator in our presence, to be his last Will & Testament; who signed the same in our presence, and who requested us to attest the same: which we have done in the pre- sence of each other O Cadery N. V. Kinge Maurice Henderson [Will Book Volume E, page 321] In the name of God Amen, I Christopher Barbee of Orange County and State of North Carolina being in good health and of Sound disposing mind and memory do make and --- Constitute my last Will and Testament in manner folowing, that is to say In the first place it is my Will and desire that my Executors herein after named Shall sell on a credit not exceeding twelve months my stock of all kinds the crop on hand and Such as may be growing at my death when completed and Secured all my House hold and Kitchen furniture my Waggons and gear and all my tools and other plantation implements my Black Smiths tools excepted, and out of the monies ariseing therefrom, or from such monies I may die [Will Book Volume E, page 322] possessed of to pay all my Just debts and to defray my funeral expences It is my wish to be buried decently though not expensively To remove all doubts or misonstruction of my intention in the foregoing Item It is my will that in the event of my death hapning while a crop is Growing that the negroes Should be kept together or not devided until the crop is finished But my Executors may sell such part of the stock as they may think not essential or necessary to enable them to Complete the Crowing Crop. I give and devise to my Son ["Thomas" x-out] Francis the plantation on which I now reside with all my lands adjoining to him his Heirs and assigns forever -- I Give and devise to my son William all my lands on Morgans Creek tigether with the tract of land on Bolands Creek which I bought of Tapley Boothe to him his heirs and assigns forever I also give and bequeath to my son William my two Black smiths Toney and Gift[Note 1] and my Black smith tools to him his heirs and assigns forever whereas at the marriage of my three Daughters Elizabeth, Nancy and Susanna I gave to them respectively certain Negroes towit to my daughter Elizabeth who married Samuel Allen two Girls called and known by the name of Charlotte and Alce To my daughter Who [Nancy?] who[sic] married Edward Jones two Girls called and known by the names of Annaka and Fann and to my Daughter Susanna who married William Henry Merritt three Girls Called and Known by the names of Dorcas Luck and Pegg which said Gifts and bequest with the Increase of said negroes I hereby ratify & confirm to them respectively there[sic] hairs[sic] and assigns forever And where as Some years ago being visited by my grand Daughter Polly Allen daughter of my Dau =ghter Elizabeth who then reside[d] in the State of Tennessee I loaned to her a certain negro Girl known by the name of Rachel and permitted my said Grand daughter Polly to take home with her the said Negroe Girl to Tennessee I therefore give and bequeath to my said Grand Daughter Polly, the said Girl Rachel with her increase to her her heirs and assigns forever I Give and bequeath to my Grand son Christopher Allen son of my Daughter Elizabeth a negro Girl to be of the age of ten Years or there about to him his Heirs and assigns for ever I give and bequeath to my Grand son Willis Jones son of my Daughter Nancy a negroe Girl to be of the age of ten years or there about to him his Heirs and assigns for ever --- --- --- My executors may eith[er] furnish the two girls bequeathed to my said grand sons from the Stock of Negroes I may die possessed of [Will Book Volume E, page 323] or if they should prefer it may from the surplus age of the monies [arising] from the sales of my Crops stock & tools purchase the said Girls and thereby keep the families of negroes I may die possessed of more entire or undivided The residue of my negroes not Specifically herein before bequeathed with their increase together with the monies I may die possessed of and those that may arise from ["Sale" x-out] the sales of my Crop or Crops tools furniture and other articles directed to be sold in the first Item of my Will after satisfying my Just debts and funeral expenses I give and bequeath to my Sons Frances and William their Heirs and assigns for ever Share and Share alike And should it [so] happen that either, or both of my said Sons Frances and William ------- Should die before a division take place of the negroes and money it is my Will and desire that the legal representative of him or [x-out] both dies[dying] as aforesaid, shall enjoy and possess the share or proportion of him so dying, Share and Share alike in the same manner & proportion and in the same way as if no Such deaths had happened - It is my earnest desire and will that the residuary negroes maybe devided by the Legatees in such a way or manner that the families may be kept as entire as possible Lastly I nominate and appoint my son William and my friend Mace Patterson Executors of this my last Will and Testament, and I earnestly entreat them to undertake the Execution thereof Hereby revoking and making void all Wills heretofore made by me In Testimony whereof I have hereunto set my hand and affixed my seal the 5th day of February 1823 --- Signed sealed published & pronounced by the Testator Christopher Barbee (seal) in our presence to be his last Will & Testament who assigned[sic] the same in our presence and who requested us to attest the same which we have done in the pres =ence of each other J Henderson N. J. King [Note: This is the County's handwritten copy of the Codicil] Codicil The following is a codicil which I wish to be annexed to and taken as a part of my last ill and Testament whereas I am fearful that doubt may be entertained in the construction and interpretation of my last Will & Testament I therefore wish my said Will to be construed in such a way as to Prelude preclude my son in law Samuel Allen also my son in law Edward Jones also William H Merritt from receiving any part (of) or portion of my property except such as I give them at the time of their respective Intermarriages with my daughters Elizabeth Nancy and Susannah I also hereby revoke and annull the legacy bequeathed in my last Will to my Grand son Willis Jones In Witness Whereof I have hereunto set my hand and seal this 31st day of January AD 1826 Signed sealed &c Christopher Barbee (seal) in the presence of us W Chalmers John Hutchens Wm McCauley Orange County May Term 1834 The last will and testament of Christopher Barbee dec was offered for probate in open court upon the oath of Nathaniel J King the subscribing witness thereto and ordered to be recorded also upon the oath of Nathaniel J King as to the signature of P[?] & M Henderson also John Hutchens as to the codicil also that the same be recorded North Carolina I George Laws Clerk of the Court of Pleas & quarter sessions for orange County do certify that the foregoing is a true and correct copy of the last will and Testament of Christopher Barbee as of record in my office In testimony whereof I have hereunto subscribed my name and affixed the Seal of said Court at office in Hillsborough this 7th day of September 1834 Additional Comments: Will Book Volume E, pages 321-323 Recorded May 1834 No estate papers found. Legibility is hindered because ascenders in original are frequently not any higher than other letters. Many "t"s not crossed or "i"s dotted.