Orange County NcArchives Wills.....Barbee, Gray January 9, 1860 ************************************************ 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, pages 489-490 Written: January 9, 1860 Recorded: Feb 1866 Testator: Gray Barbee I Gray Barbee, of Orange County, North Carolina, do make and publish this my last will and testament. In the first place I commend my soul to almighty God; and direct that my body be decently buried. As for my estate, I desire that such perishable property as is not hereinafter bequeathed to my daughter Sarah Barbee be sold for the payment of my debts and a division of the sur- plus if any amongst my representatives I direct that my lands shall be divided amongst my heirs in the usual manner where per- sons die without a will subject however to the following provisions: viz. (1) the Commissioners shall set apart to my son George a lot which shall include his present residence and all outhouses, stables &c; such lot to be laid off and valued without reference to the value of the buildings upon it: (2) the Commissioners shall set apart to my daughter Sarah a lot which shall include my present residence, and all outhouses, barns, stables &c with the spring used therewith and such a quantity of woodland as may be required for the purposes of her farm;- such lot to be laid off and valued without reference to the value of the buildings upon it: (3) the other parts I direct to be allotted amongst my other heirs, subject to any further provisions hereinafter [page 2] My slaves and all my other estate not herein mentioned particularly I desire to be divided amongst my representatives, subject to the provisions hereinafter contained. I give to my beloved daughter Sarah Barbee a horse worth one hundred dollars, to be bought by my executor if none suitable upon my plantation at my death; three head of cattle, two ewes & lambs, two sows & pigs (all her choice) also choice of my beds & bedsteads, with the usual covering, pillows &c; one bureau, one falling-leaved table, one pot & one oven, half-a-dozen each of chairs; plates; knives & forks; tea spoons; and cups & saucers; one coffee pot and also one year's provisions to be allotted to her as if she were my widow, for herself & her family. I hereby direct that the share of my grandson Pleasant Gray Barbee, in case he should die before he reach twenty one years of age, without heirs of his body shall return to be divided amongst my other heirs and representatives. I also Direct that the shares of my grandchildren John Jones Morgan and Nancy Jane Morgan shall upon the death of either of them before he or she shall reach twenty one years of age and without heirs of their bodies, respectively go to the survivor of them. It is also my will that the share in my estate of my daughter Nancy Morgan shall be hers during her natural life only and afterwards shall be divided amongst the heirs of her body. [page 3] I desire that my friend Samuel F. Phillips execute this my last will and testament. In testimony whereof I have hereunto set my hand upon this 9th day of January 1860. Signed and published } as the last will and } Gray Barbee (seal) testament of Gray } Barbee in the presence } of us who in his presence } and the presence of each } other - at his request do } hereunto set our hands on } the date aforesaid } James Watson A. Mickle Jurat Codicil added to the above will upon the 13th day of August 1862. (1) The estate in the above will given to my daughter Nancy Morgan I hereby modify so as to devise and bequeath it to Willis Barbee to the sole and separate use of said Nancy and free from all debts contracted or to be contracted by her husband Thomas Morgan. (2) With regard to the estate given to my grand children John Jones and Nancy Jane Morgan I direct that upon the death of both without issue (whether that occur before or after my own death) said estate descend to my other heirs - the provisions of my will and codicil being observed in respect to the same so far as regards the shares going to Pleasant Gray Barbee and Nancy Morgan. [page 4] In testimony that the above codicil is a part of my will I have hereunto set my hand upon the 13th August 1862 Signed; Published & Declared } Gray Barbee to be a part of the will of } by S. F. Phillips said Gray Barbee in our } in presence and at the presence, who in his presence } request of said testator and at his request have } hereunto set our hands upon } this 13th August 1862 } A. Mickle Jurat } James Watson } [Will Book Volume G, page 489] I Gray Barbee, of Orange County North Carolina do make and publish this my last will and testament In the first place I Commend my Soul to Almighty God and direct that my body be decently buried As for my estate, I disire that such perishable property as is not hereinafter bequeathed to my Daughter Sarah Barbee be Sold for the payment of my debts and a division of the Surplus if any amongst my representatives I direct that my lands shall be divided amongst my heirs in the usual manner where persons die without a will subject however to the following provisions (viz) (1) The Commissioners shall set apart to my Son George a lot which shall include his Present residence and all outhouses stables &c said[such] lot to be laid off and valued without reference to the value of the buildings upon it (2) The Commissioners shall set apart to my Daughter Sarah a lot which shall include my present residence and all out houses barns stables &c with the spring used therewith and such a Quantity of woodland as may be required for the purposes of her farm: such lot to be laid off and valued without reference to the value of the building upon it (3) The other parts I direct to be allotted amongst my other heirs subject to any further provisions hereinafter == My slaves and all my other estate not herein mentioned particularly I desire to be div[id]ed amongst my representatives subject to the provisions hereinafter contained I give to my beloved Daughter Sarah Barbee a horse worth one hundred dollars to be bought by my Executor if none Suitable upon my plantation at my death: three head of Cattle [Will Book Volume G, page 490] two ewes & Lambs two sows& pigs (all her choice ) also choice of my beds & bed Steads with the usual covering pillows &c one Beurau one folding leaf table one pot & one oven half a dozen each of chairs plates knaves[sic] & forks: Tea Spoons and Cups & Saucers one coffee pot and also one years provisions to be allotted to her as if she were my widow for herself & her family I hereby direct that the share of my grand Son Pleasant Gray Barbee in case he should die before he reach twenty one years of age without heirs of his body shall return to be divided amongst my other heirs and representatives I also direct that the shares of my Grand Children John Jones Morgan and Nancy Jane Morgan shall upon the death of either of them before he or she shall reach twenty one years of age and without heirs of their bodies respectively go to the survivor of them It is also my will that the share in my estate of my Daughter Nancy Morgan shall be hers during her natural life [only] and afterwards shall be divided amongst the heirs of her body I desire that my friend Saml. F. Phillips execute this my last will and testament In testimony whereof I have hereunto set my hand upon this 9th day of January 1860. Signed and published as the last will and testament of Gray Barbee Gray Barbee Sr[See Note 1] in the presence of us who in his presence and the presence of each other at his request do hereunto set our hands on the date aforesaid James Watson A Mickle Codicil added to the above will upon the 13th day of August 1862. (1) The estate in the above Will given to my Daughter Nancy Morgan I hereby modify so as to [Will Book Volume G, page 491] devise and bequeath it to Willis Barbee to the Sole and Separate use of said Nancy and free from all debts contracts[contracted] or to be contracted by her husband Thomas Morgan (2) With regard to the estate given to my Grand children John Jones and Nancy Jane Morgan I direct that upon the death of both without issue (Whether that occur before or after my own death said estate des[c]end to my other heirs the provisions of my Will and Codicil being observed in respect to the same so fare[sic] as regards the Slaves[orig: shares] going to Pleasant Gray Barbee and Nancy Morgan In ["witness" x-out] Testimony that the above codicil is a part of my Will I have hereunto set my hand upon the [x-out] 13th August 1862 Signed published & declared } to be a part of the will of Said } Gray Barbee Gray Barbee in our presence } by S. F. Phillips in presence and who in his presence and at his } at the request of said Testator request have hereunto set our } hands upon this 13 August 1862 } A Mickle James Watson Orange County Court February Term 1866 Te Execution of the foregoing last Will and testament of Grey Barbee decd. was duly ["approved" x-out] proved in open Court according to law and ordered to be recorded for probate See minutes Additional Comments: Will Book Volume G, pages 489-490 Recorded Feb 1866 Note 1: Appears to be two letters, "Sr"? "Seal"? Loose wills folder labeled as "Barber" Marcom elsewhere rendered Markham Includes four 50 cent stamps on the outside of page 5. They were laid over the last James Watson signature. Estate Papers comprise 127 pages and are found in a folder labeled "Barbee, Gray (1865)". Sarah Barbee (legatee) married Hudson Sparrow. Testator died in July 1865. Nancy Barbee married T. J. Morgan. Willis Marcom married Malinda. Note that the accounting of this estate occurs just after the end of the Civil War/War Between the States - specifically, for Orange County, the surrender at Bennett Place on the 26th of April 1865, ended slavery in the immediate area, and for Orange County. In the account reported, beginning in August 1865, among items of income there is this: Nov '66 Wyatt David hire of "Fanny" $ 2.50 [Estate Papers Petition for Partition of Land Nov 1865] Petition of ["Gray" x-out] heirs of Gray Barbee decd. for partition of land State of North Caralina[sic]} Court of Pleas & Quarter Orange County } Sessions November Term 1865 The petition of Thomas J Morgan and wife Nancy George E Barbee Willis Marcom and wife Melinda Sarah Barbee Nancy Morgan & John Morgan Children of Jones Morgan and Wife Ann decd. and Pleasant G Barbee Child of Pleasant Barbee decd. respectfully showeth unto your worships that they are tenant in common of a tract of land situated in the County of Orange containing some 630 acres more or less upon Bulings[?] Creek in this County adjoining lands of W F Hargrave the estate of James N Patterson & others That Pleasant G Barbee above named is grand son and intitled to one whole share and Nancy and John Morgan are grand children who together are intitled to one share : Your petitioners further show that they desire to hold and enjoy their shares of said land in severalty and to that end pray your worships to appoint commissioners to divide the same observing the following directions contained in the will of Gray Barbee decd. "I direct that my land shall be divided amongst my heirs in the usual manner where persons die without a will subject however to the following provisions: viz. 1st the Commissioners shall set apart to my son George a lot which shall include his [page 2] present residence and all out houses, stables &c such lot to be laid off and valued without reference to the value of the buildings upon it: (2) The Commissioners shall set apart to my daughter Sarah a lot which shall include my present residence, and all out houses barns stables &c with the springs used therewith and such a Quantity of woodland as may be required for the purposes of her farm such lot to be laid off and valued without reference to the value of the buildings upon it: (3) the other parts I direct to be allotted amongst my other heirs subject to any further provisions hereinafter" That by Codicil (item 1) The estate in the above Will given to my Daughter Nancy Morgan I hereby modify so as to devise and bequeath it to Willis Barbee to the sole and separate use of said Nancy and further that it is probably that Dr Willis Barbee the above named Trustee will decline to act Your petitioners ask that the commissioners observe the foregoing directions may divide the land into Six shares by proper mites[metes] and bounds and to allot and set apart to each of your petitioners their appropriate shares thereof and to report their proceedings under their hands and Seal to the next Term of this Court and your petitioners &c Jno W. Graham atto for petitioners [page 3] This case coming on to be heard upon the petition ordered by the Court that whereas the late Gray Barbee decd has directed by his will as follows (viz) I direct that my lands shall be divided amongst my heirs in the usual manner where persons die without a will subject however to the following provisions: viz. (1) the Commissioners shall set apart to my son George a lot which shall include his present residence and all outhouses, stables &c such lot to be laid off and valued without reference to the value of the buildings upon it (2) the Commissioners shall set apart to my Daughter Sarah a lot which shall include my present residence, and all outhouses, barns, stables &c with the spring used therewith and such a quantity of woodland as may be required for the purposes of her farm such lot to be laid off and valued without reference to the value of the buildings upon it (3) the other parts I direct to be allotted amongst my other heirs, subject to any further provisions hereinafter: Therefore that William N. Patterson Henry S Marcom John H Watson James P Mason & Richard S Leigh be appointed com missioners &c &c observing the direction in Said will as above set forth &c &c Witness George Laws Clerk of Said Court at in Hillsborough the 4th Monday of Nov 1865 issued 30th Novr, 1865 Geo. Laws CCC [Estate Papers - Complaint in Probate Court by Pleasant Barbee - 1879] Superior Court Orange County } Pleasant G Barbee } vs } } Saml F Phillips as Executor of } Gray Barbee decd: Hudson Sparrow } & his wife Sarah, Milinda Marcom } In Probate Court Thomas Morgan & wife Nancy E. } John Jones Morgan, Alston Barbee } Jim Barbee, George Barbee, Margaret } Barbee, Sally Barbee, Delilah Barbee } John Murrell & his wife Louisa } Erwin Andrew & his wife Nancy } The plaintiff complaining alleges I That Gray Barbee died in Orange County in the year 1866 leaving a last will which was admitted to probate at February Term 1866 of the late County Court & wherein this defendant Saml F Phillips was duly appointed Executor, who qualified as such & is still acting as such: II That the said testator left him surviving his following children & grandchildren to whom he devised & bequeath his Estate a daughter Milinda the widow of William Murrow a daughter Nancy wife of Thomas Morgan, a daughter ____________________ the wife of ___________Morgan : & Alston Barbee, George Barbee, Margaret Barbee, Sally Barbee, Delilah Barbee, ["John Murrell wife" x-out] Louisa [page 2] Murrell wife of John Munell & Nancy Andrews the wife of Erwin Andrews the last seven of whom are grand children of said testator being the children of his deceased son George Barbee - III. That said testator left a large Estate real & personal - the latter going to the hands of his said Executor which by him was duly administered: & then first ["descended" x-out] devised upon his said heirs a law.- IV. That the said Testator had been guardian of the plaintiff & was indebted to him, at the time of his death in the sum of $224.53 with interest from 1st January 1850 & a further sum of $95.48 with interest from the Feby Term 1864 of said County Court: no part of which has been paid him: that plaintiff became of age in 1874, but has had no guardian since the death of testator.- V. That said Executor paid the debts of his testator save those owed plaintiff & also the costs & charges of his administration & the Excess of his personalty was by him paid over to the said legatees, who all owing to the terms of said will took both Estate real & personal: & who have need[?] & spent the same. - VI. That the said testator died seized of this real Estate which was afterward, all owing to the terms of said will divided amongst his said children & grand children Equally - all of whom have? ?illed with this plaintiff for their proportion of his debts against said testator, Except the defendants Alston Barbee, Jim Barbee, George [page 3] Barbee, Margaret Barbee, Delilah Barbee, Louisa Murrell & Nancy Andrews - who are in the possession of one Equal part of said Real Estate, but refuse to pay any part of plaintiffs claim - VII. That said Executor has hitherto failed to take any steps to sell any portion of said real Estate in order to settle & pay off plaintiff claims. VIII. That plaintiff asks no remedy against the other named devisees, but demands judgment of the said last seven named defendants I. That they answer & say what real Estate came to them as representing heir further from said testator & now they hold the same now. II. That the said Executor be directed to sell so much of said real Estate as will satisfy their property of plaintiffs demand II. That plaintiff have such other & farther relief as the nature of his case may require IV. That he xxxxx of defendants the costs of this action to be taxed[?] by the clerk -- Graham & Ruffin Attos for plaintiff P.S. Barbee being duly sworn says that the facts stated in this complaint of his own knowledge are true and those stated on information he believe to be true sworn to & subscribed } Pleasant Barbee this 20 ??????? 1879 } Geo Laws