Orange County NcArchives Wills.....Barbee, William September 16, 1856 ************************************************ 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, page 177-179 Written: September 16, 1856 Recorded: Aug 1857 Testator: William Barbee In the name of God Amen: I William Barbee of the County of Orange and state of North Carolina being of sound and disposing mind and memory, but Considering the uncertainty of life and the Certainty of death do make and publish this my last will and Testament in Manner and form as follows hereby revoking all other Wills heretofore made ~~~~ First I Commend my soul to God who gave it and my body I direct shall be decently buried and all expenses for the same paid by my executors hereinafter named out of the first money that may come into hand as a part or parcel of my estate Touching my Worldly estate which God in his goodness has been pleased to bestow upon me I give and bequeath as follows Item I give and bequeath to my Son Willis Barbee and his heirs for ever My Morgan Creek plantation lying and being in the County of Orange on the waters of Morgans Creek, the same being the entire tract or parcel of land that I bought from John Morgan The residue of my lands I give to my daughters, Delia Cave, Emily Nunn [page 2] Margart[sic] J Hargrave and Caroline Barbee Share and share alike and their heirs for ever to be divided and valued by Comm issioners as near equal as can be made That lot or parcel of land that may fall to My Daughter Delia Cave I give to her during her lefetime and at her death to her Children share and share alike That part or parcel of land of that may fall to my Daughter Emily Nunn I give to her during her lefetime and at her death to her Children share and share alike My Negro slaves that I may own at my death I desire shall be equally divided between my children viz. Willis Barbee, Delia Cave Emily Nunn ["and" marked out] Margaret J Hargrave and Carolyn Barbee share and share alike That part of Negro slaves that May fall to My Daughter Delia Cave I give to her during her lefetime and at her death to her Children share and share a like That part of negro slaves that may fall to My Daughter Emily Nunn I give to her during her lefetime and at her death to her Children share and share alike My personal property I desire shall be sold by my executors hereinafter named and all money due to me in any way I desire shall be collected and the proceeds arising from the personal [page 3] property and the money that may be collected I desire shall be equally divided between my children share and share alike Lastly I nominate Constitute and appoint My Son Willis Barbee and my friend J W Carr My executors to this my last Will and Testament believing that they will carry out the same according to my wishes In witness whereof I said William Barbee do hereunto set my hand and seal this 16th day of September AD 1856 Signed sealed and published by the said William Barbee W Barbee (seal) to be his last will and Testament in presence of us Who at his request & Exr qualified in his presence do subscribe our names as Witnesses E. Mallet jurat Jas. P. Mason jurat Codacil to the foregoing will made this 14th day of July 1857 It is my most earnest desire that all my Slaves Shall be treated with humanity & kindness by my Children and that proper provision be made to secure the comfort of the aged and infirm. To this end I direct my Executors to retain in their hands the sum of Two thousand dollars out of the proceeds [page 4] of the Sale of my personal property and to invest the Same in Safe Stock or bonds and divide the interest arising therefrom equally among my slaves as may be above sixty years of age at the time of my decease - and upon the death of the last survivor of the slaves to divide the principal money equally among my Children in the manner directed by the residuary close[clause] in my will Signed published and declared in our presence who attest W Barbee the same in presence of the testator and of each other Wm P. Mallet D L Swain [Will Book Volume G, page 177] In the name of God Amen I William Barbee of the County of Orange and State of North Carolina being of Sound and disposing mind and memory but considering the uncertainty of life and the certainty of death do make and publish this my last will and Testament in manner and form as follows hereby revoking all other wills heretofore made ~~~~ First I commend my soul to God who gave it and my body I direct Shall be decently buried and all expenses for the same paid by my executors hereinafter named out of the first money that may come into hand as a part or parcel of my estate ~~ Touching my worldly estate which God in his goodness has been pleased to bestow upon me I give and bequeath as follows Item I give and bequeath to my Son Willis Barbee and his heirs forever my Morgan Creek plantation lying and being in the County of Orange on the waters of Morgan Creek the same being the entire tract or parcel of land that I bought from John Morgan The residue of my lands I give to my daughters Delia Cave Emily Nunn Margret[sic] J. Hargrave and Caroline Barbee Share and Share alike and their heirs forever to be divided and valued by comm= issioners as near equally as can be made That lot or parcel of land that may fall to my daughter Delia Cave I give to her during her lifetime and at her death to her children share and share alike That part or parcel of land of that may fall to my daughter Emily Nunn I give to her during her lifetime and at her death to her children Share and share alike My negro Slaves that I may own at my death I desire Shall be equally divided between my children Viz. Willis Barbee Delia Cave Emily [Will Book Volume G, page 178] Nunn Margret J Hargrave and Caroline Barbee Share and share alike That part of [x-out] negro Slaves that may fall to my daughter Delia Cave I give to her during her lifetime and at her death to her children share and share alike That part of [x-out] negro Slaves that may fall to my daughter Emily Nunn I give to her during her lifetime and at her death to her children Share and share alike My personal property I desire shall be sold by my executors hereinafter named and all money due to me in any way I desire shall be collected and the proceeds arising from the personal property and the money that may be collected I desire shall be equally divided between my children Share and share alike Lastly I nominate constitute and appoint my son Willis Barbee and my friend J. W. Carr my executors to this my last will and testament believing that they will carry out the Same according to my wishes In witness whereof I said William Barbee do hereunto set my hand and seal this 16th day of September AD 1856 Signed sealed and published by the said William Barbee to be W Barbee (seal) his last will and testament in presence of us Who at his request & in his presence do subscribe our names E. Mallet jurat as witnesses Jas. P. Mason Codicil to the foregoing will made this 14th day of July 1857 It is my most earnest desire that all my Slaves shall be treated with humanity & kindness by my children and that proper provision be made to secure the comfort of the aged and infirm [Will Book Volume G, page 179] To this end I direct my Executors to retain in their hands the sum of two thousand dollars out of the proceeds of the Sale of my personal property and to invest the Same in safe Stock or bonds and divide the interest arising therefrom equally among my Slaves as may be above sixty years of age at the time of my decease and upon the death of the last Survivor of the Slaves to divide the principal money equally among my children in the manner directed by the residuary clause in my will Signed published and declared in our presence who attest the same W Barbee in [presence of] the testator and of each other Wm P. Mallet W. Barbee D L Swain Orange County Court August Term 1857 The execution of the foregoing last will and testament of William Barbee deceased was duly proved in open court and ordered to be recorded Test Additional Comments: Will Book Volume G, page 177-179 Recorded Aug 1857 Estate Papers comprise 44 pages and are found in a folder labeled "Barbee, William (1857)". Delia married Hudson M. Cave Emily married Ilai[Eli?] W. Nunn Note 1: This re-counting of the testator's will in this petition skips a few words, but these discrepancies do not change the intent of the clauses. [Estate Papers - Division of Slaves Jan 1858] To the Worshipful the Justices &c The Undersigned who were at Nov ember Term 1857 appoint Commissioners to divide the slaves of William Barbee de- ceased amongst his legatees beg leave to submit the following report: Having been duly sworn, and having considered the mat ter, they assess the Total value of the slaves belonging to said estate at Sixty Five Thousand Seven Hundred and Sixty Two Dollars: ($65762.00) Which will give to each of the five lega- tees, according to the will, Thirteen Thousand One Hundred Fifty Two 40/100 Dollars ($13152.40) worth of slaves : viz . ---- To Dr Willis Barbee --- ---- ---- ----- $13152.40 To Mrs Delia Cave & Children --- ---- --- $13152.40 To Mrs Emily Nunn & Children --- ---- --- $13152.40 To Mrs Margaret J. Hargrave --- ---- ---- $13152.40 To Miss Mary Carolina Barbee --- ---- --- $13152.40 ______________ $65762.00 ______________ To Dr. Willis Barbee we have assigned: Jerry --- worth $1083.00 X Stephen --- worth $308. X Lizzie worth $500. Jack --- " 1158.00 X Ann " 216. X Lavinia " 475. James --- " 1116.00 X Harriet " 891. X Eli " 695. Andrew --- " 191.00 X Nancy " 791. X Berry " 641. Philip --- " 300.00 X Lucy " 900. X Albert " 687. John --- " 958.00 X Patsy " 41. X Gift " 75. Henry --- " 750.00 X Mary, Dick } X Henry " 600. and Mack } ~~~~ 1200. ~~~ in all Twenty Three Slaves ; worth Thirteen Thousand Five Hundred and Seventy Six Dollars ($13576.00); and that he pay toe Mrs Margaret J. Hargrave One Hundred and Seventy Nine 40/100 Dollars ($179.40) and to Mrs Delia Cave and Children Two Hundred and Forty Four 20/100 Dollars ($244.20) which will reduce his share to $13152.40, as above. Dr. Willis Barbee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ $13576 He pays to Mrs Hargrave $179.40; Mrs Cave $244.20 = $423.60 / ================== Leave his share ~~~~~~~~~~~~~~~~~~~~~~ $13152 40/100 [page 2] To Mrs Delia Cave we have assigned: Melinda worth $141. Mary, David } worth $1291. X Joseph worth $800. James " 787. Mahala & Norfleet} X Alex " $966. Henry " 1100. George ----- " 641. Calvin " $1008. Susan " 608. Henry ---- " 591. Maria " $883. Edward " 400. Anna --- " 412. Simon " $~~8. Sally " 416. Louisa Haywood} David " $362. Lucinda " 241. Fanny & Jerry} " 1233. ~~ in all Twenty Four Slaves worth Eleven Thousand Nine Hundred and Eighty Eight ~~ Dollars ($11988.00) ["worth of slaves" x-out] and that she receive in money Two Hundred and Forty Four Dollars twenty cents ($244.20) from Dr. Willis Barbee Four Hundred and twenty three 60/100 Dollars ($423.60) from Mrs Emily Nunn and children and Four Hundred and Ninety Six 60/100 Dollars ($496.60) from Mrs Mary Caroline Barbee, which will make the share going to Mrs Cave and her children by the will as above, $13152.40 Thus To Mrs Cave and her children in slaves --- $11988.00 In cash from Dr Barbee $244.20 " from Mrs Nunn $423.60 " from Miss M.C. Barbee $496.60 ================== ~~~~~~~~~ Makes her share ~~~~~~~~~~~~~ $13152.40 To Mrs Margaret J Hargrave we have assigned: George worth $965. X Whitfield $300 X Martha worth $541. ~~ Haywood " 1066. X Big Joe 450 ["Hillary " $885" x-out] Avery " 800. X Pleasant 650 ["Charlotte" x-out ] Peter " 758. X Charles 508 Candice " 183. ~~ Rufus " 720. X Annie 683 Doctor " 754. ~~ Nancy " 241. X Hillary 883 George " 666. ~~ Jane Adeline} 1208. X Charlotte 750 Tom " 400. ~~ & Henry } Munroe " 387. ~~ ~~ in all Twenty Two Slaves worth Twelve Thousand Nine Hundred Seventy Three Dollars ($12973.00) and that she receive from Dr. Barbee in money One Hundred and Seventy Nine 400/100 Dollars ($179.40) which makes her share as above $13152.40 Thus To Mrs Hargrave (in slaves) --- $12973.00 In cash; from Dr Barbee $179.40 ================== Makes her share $13152.40 [page 3] To Mrs Emily Nunn we have assigned: Madison $1041.00 Sam $1091.00 ~~ Ellen $491.00 ~~ Minerva 825.00 Joe Tim 950.00 Ed $400.00 Beck 800.00 Bill 516.00 Fanny & } 770.00 Frances 866.00 Emmeline 566.00 Sally } Ruffin 791.00 Sarah 816.00 Amanda 483.00 Little Joe 966.00 Violet 579.00 John 64.00 Tim 508.00 Patsy & } 633.00 Simon 420.00 Melinda } ~~ in all Twenty Two Slaves worth Thirteen Thousand Five Hundred Seventy Six Dollars ($13576.00) and that she pay to Mrs Delia Cave and Children Four Hundred Twenty Three 60/100 Dollars ($423.60) which will reduce the share going to herself & children to $13152.40 as above. Thus - to Mrs Emily Nunn in slaves $13576.00 She pays to Mrs Cave in cash $423.60 / ================== Leaves her share $13152.40 To Mrs Mary C. Barbee we have assigned: Isabella William } --- $1208.00 Henderson $841.00 Caty Melinda } $875.00 and Della } November 858.00 & Elijah } Adaline 866.00 Stefney 916.00 Orange ---- 575.00 Munroe 808.00 Charity 875.00 West ----- 200.00 Hubbard 1025.00 Jinney 808.00 Charles ---- 500.00 Daniel 1191.00 Romelia 354.00 Lewis ---- 433.00 Gaston 1025.00 Jim 291.00 ------------------------ ~~ in all Twenty Two Slaves worth ~~~~ Thirteen Thousand Six Hundred Forty Nine Dollars ($13649.00) and that she pay to Mrs Delia Cave and Children Four Hundred Ninety Six 60/100 Dollars which will reduce the share going to herself to $13152.40 as above. Thus - to Miss M.C. Barbee in slaves $13576.00 She pays to Mrs Cave in cash $496.60 / ================== Leaves her share $13152.40 The various sums due as above are to draw in- terest from the 1st of Janyary 1858. Given under our hands & seals this ______ day of January 1858 A. S. Jones (seal) W. M. Gattis (seal) Geo. W. Pasify (seal) [Estate Papers - Complaint of Hudson Cane et al ] State of North Carolina } Superior Court Orange County } Hudson M. Cave, Lilly B. Cave } Thomas S. Steel & Susan C Steel } against } Complaint H. B. Guthrie & Jane Guthrie } J. S. Stewart & Emily Stewart } The plaintiffs allege I. That on the 16th day of September 1856, William Barbee made and executed his last Will and Testament, which after the death of said Wm. Barbee was duly admitted to Probate in Orange County at August Term 1857 of the Court of Pleas [and] Quarter Sessions and duly recorded in said County II. That in said Will, the said William Barbee, after some specific bequests, devises as follows: "The Residue of my lands I give to my daughters Delia Cave, Emily Nunn, Margaret J. Hargrave and Caroline Barbee Share and share alike & their heirs forever and valued by Commissioners as near equal as can be - That lot or parcel of Land that may fall to my daughter Delia Cave I give to her during her life time and at her death to her children share & share alike" [Note 1] III. That Commissioners duly appointed made their report to November Term 1857 of said Court of Pleas & Quarter Sessions in they allotted as follows: [page 2] "Sub. No. 4 To Hudson M. Cave & Wife Delia we allot the house and Sub in Chapel Hill es- timated at Six acres with Improvements thereon with meets and bound according to the Deed of Conveyance to the said William Barbee Decd, said Sub with the Improvements being valued at $4500,00 We do also allot to the said Hudson M. Cave & wife Delia one tract of Lands con- taining 292 acres on which the Mill is situ- ated lying on both side of Morgans Creek being bounded by the lands of Gustine & A. S. Jones on the South, lands of the late Henry Merrit Dec. on the West, Jones Morgan & J P Mason on the North and J P Mason & Wife on the East by us at $3500.00 who are to pay to Caroline Barbee the sum of $425.00 and Margaret J. Hargrave the sum of $425,00, and to Ilia W. Nunn & Wife Emily S. Nunn the sum of $425.00" all of which charges have been paid. IV. That the children of Delia Cave, (who is now dead) are the defendant Jane Guthrie married to H.B. Guthrie. Emily marrie to J. S. Stweat and Bellefield W. Cave (who died (during the life term of his mother) leaving a son Hudson M. Cave, now 26 years of age a daughter Lilly B. Cave age 22, and Susan Catherine Stell[?] age 24 inter- married with Thurmond Steel[?]. V. That the Interest of B. W. Cave uses a vested remainder and upon his death descen [page 3] ded to his children above named and they are entitled to one third of the Said Lot No. 4 allotted to Delia Cave and consisting of the House and Sub on Franklin Street in Chapel Hill now occu- pied by H. B. Guthrie and wife Jane and also of the tract of 292 acres on Morgan's Creek on which is situated a Mill now run by the Defendant H. B. Guthrie. Whereupon the plaintiffs demand judgment that they are entitled to one third of above descended property and pray that three disinterested commis- sioners to divide the said tract into equal shares and to set apart to your petitioners their share thereof and make due report of their proceedings: and also That the Defendants pay to the plaintiffs one third of the rents and profits which have occurred since the death of Delia Cave. Graham & Ruffin Plff's Attos. Jno W Graham being duly sworn says the he is one of the Attorneys of the plaintiffs in the action; that the foregoing complaint is true of his own knowledge except as those matters state or informa- tion and belief and as those matters he believes it to be true. That the reason the verification is not made by the plaintiff is that they reside in Georgia and are not within this County: That deponents knowledge is derived from inspection of the Will of Wm. Barbee and the report of the Commissioners and the grounds of his belief are information derived from letter of plaintiff's attorney J. G. McLanders of Thomasville Ga and inquiry in this County of parties who knew the Cave family Sworn & subscribed Oct 17 1878 Geo Laws CCC Jno W Graham atto