Orange County NcArchives Wills.....Bingham, William J August 9, 1864 ************************************************ 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 482-485 Written: August 9, 1864 Recorded: Feb 1866 Testator: William J Bingham [page marked "1"] In the name of God, Amen. I, William J. Bingham, of the Coun- ty of Orange, & state of North Carolina, do declare this instrument, which is written with my own hand, to be my last will & testament, revoking all others. viz. 1st All my debts, which are but few and small, must be fully & speed- ily paid. 2ndly To my beloved wife I give all my property real & personal with such exceptions only as shall be hereinafter mentioned during her natural life or widowhood, to use and dispose of ["if" x-out] in part or whole at her pleasure, and also to dispose of by deed or will. In the event of marriage - regarded an extreme im- probability, she is to have such part as the laws of the state give to wid- ows whose husband die intestate. [page marked "2"] 3rdly My wife will give our children severally not less than one hundred & fifty dollars, nor more than two hund- red, for the purchase of such memori- al, as each may elect, of their father's love, which memorials I hope will be useful, not showy, and durable - fit to descend as heirlooms. 4thly the iron-safe is at my death the joint property of my sons William & Robert; as also the Academy building & the yard or grounds pertaining thereto as now en- closed: and should my sons or either of them, desire it, my wife will deed to them or him a site or sites with a few acres of land - three or four - for a dwell- ing place convenient to the Academy, to which she will add fifty acres each of woodland, on the Peacock tract, for fuel. But should my sons or either of them not continue the School at Oaks, then the Academy & grounds, as also the parcels of woodland before [page marked "3"] named, become as absolutely my wife's as any other part of my possessions. 5thly Should Robina & Mary Bingham, or either of them, be unmar- ried at their mother's death, then before division among our children be made, each of them, i.e. Robina & Mary must have five thousand dollars in good bonds or stocks ixtra, unless my wife shall have made an equivalent provision for them in her will 6thly If any of our sons or daugh- ters should be in peculiar need, it is my will, & I am sure it will be the will & pleasure of my wife, as well as of the less unfortunate of our own children, that peculiar provision be made for such peculiar need. 7thly If one only of my sons should continue the school here, the other going elsewhere or adopting a different line of business, then the one conducting the [page marked "4"] school here must pay the other, or his heirs, one half of the estimated val- ue of the academy & Academy grounds. 7thly[sic] Let my wife feel perfect lib- erty to increase, at her discretion the pro- vision made for Robina and Mary, ["and"? x-out] and to give any aid & relief by her judged proper to anyone of our children or grand children, or to any needy relative or friend, or to any poor & needy neighbor, & espe- cially to the widows or orphans of Confederate soldiers. In witness of all herein con- tained I set my hand & seal this ninth day (9th) of August in the year of Our Lord one thous- and eight hundred & sixty four (1864.) Test J. J. Norwood W. J. Bingham (seal) Oaks, N.C. My wife and children will see remarks on accompany- ing sheet. ----------- [page 5] Oaks, Orange Co. N.C. Aug. 9th 1864. Having just written my last will & testament, revoking all others, I deem it well to add a few words to the end that my wife and children may not missapprehend any part of said will - this addition not to be regard- ed as part or parcel of the will --- My wife and children will remem- ber that I have uniformly allowed the wish & purpose - with God's blessing, to give my sons the best education af- forded by the country, expecting them, with Heaven's blessings on such ad- vantages, to be able to secure by their own industry a competency[?] of worldly substance, which it has always been my chief desire in regard to property, to make a comfortable provision for my wife & daughters, in order that they may maintain in comfort [page 6] their social position. How often have my sons heard me say, as my father often said to me; If a young man with a good moral, religious, & literary education in this country cannot swim, he deserves to sink: Such education God kindly enabled me to bestow on my sons; and should He vouchsafe to them life & health, with the ordinary blessings of his Providence on honest industry, they will not feel the want of such pat- rimony as my estate could afford. Yet my wish, as clearly expressed in my will, which I know my wife will carry out, is, that if they or either of them should meet with misfort- une, she [x-out] feel not restrained from relieving him or them, or his or their family or families, as far as may be convenient to herself, & just to our daughters. --- And now I have only to commend them [page 7] all wife, sons, daughters, sons-in-law, daughters-in-law & grand children to the blessing & grace of our Coven- ant Keeping God, assured that as without these none can be rich, so with them none can be poor W. J. Bingham P.S. The pen Knife presented me by Wm Hall must be given to his friend, Wm Bingham. As to the theological books belonging to my brother Jno A. Bingham, & bequeathed by will to me, I should like my sons-in-law, Rev J. W. Mont- gomery & Rev P. T. Penick to have the full use of them - & indeed the abso- lute possession of them. They can make a mutually satisfactory divis- ion. My sons Wm. & Robert can also divide in like manner my brother's Latin & Greek books W.J.B [page 8, envelope] Last will & Testament written wholly with my own hand, revoking all others done August 9th A.D. 1864 W. J. Bingham Oaks, Orange N.Caro[page cut off] [page 9, back of envelope] A A Thompson A A Thompson Mebaneville Alamance Co NC [page 10] [These are the court papers showing that the will was found in a locked drawer among Bingham's papers and that it was in his handwriting, etc. Too tedious to transcribe - no family history. [Will Book Volume G, page 482] In the name of God Amen I William J Bingham, of the County of Orange & State of North Carolina do declare this instru- ment, which is written with my own hand to be my last Will & Testament revoking all others viz 1st All my debts which are but few and Small must be fully & speedily paid 2ndly To my beloved Wife I give all my property real & personal With such exceptions only as shall be hereinafter mentioned during her natural life or widowhood to use and dispose of in part or whole as her pleasure and also to dispose of by deed or will: In the event of marriage regarded an extreme improbability she is to have such part as the laws of the State give to widows whose husband die Intestate 3rdly My Wife Will give our children Severally not less than one hundred & fifty dollars nor more than two Hundred for the purchase of such memorial as each may elect of their fathers love which memorials I hope will be useful not showy, and durable fit to descend as heir looms 4thly The Iron Safe is at my death the Joint property of my Sons William & Robert as also the Academy Buildings & the yard or grounds pertaining thereto as now enclosed and Should my Sons or either of them desire desire[sic] it my wife will deed to them or him a Site or Sites with a few acres of land three or four for a dwelling place Convenient to the Academy to which she will add fifty acres each for wood land on the Peacock tract for fuel but should my Sons or either of them not Continue the School at Oaks then the Academy & Grounds as also the parcels of woodland before named become as absolutely my wifes as any other part of my possessions 5thly Should Robina & Mary Bingham or either of them, be unmarried at their mothers death [Will Book Volume G, page 483] then before division among our children be made, each of them, i.e. Robina & Mary must have five thousand Dollars in good bonds or stocks extra unless my wife shall have made an equivalent provision for them in her will 6thly if any of our Sons or Daughters Should be in peculiar need it is my will & I am sure it will be the Will & pleasure of my Wife as well as of the less unfortunate of our own children that peculiar provision be made for such peculiar need 7thly if one only of my Sons should continue the school here the other going [x-out] elsewhere or adopting a different line of business then the one conducting the School here must pay the other or his heirs one half of the estimated value of the Academy Grounds. 7thly[sic] Let my wife feel perfect liberty to increase at her discretion the provision made for Robina and Mary and to give any aid & relief by her Judgment [judged proper] to any one of our Children or grand Children or to any needy relation[relative] or friend or to any poor & needy neighbor and especially to the widows or orphans of Confederate Soldiers. In witness of all herein contained I set my hand & seal this ninth day (9th) of August in the year of our Lord one Thousand Eight Hundred & Sixty four 1864 Test J J Norwood W. J. Bingham (seal) My wife and children will see remarks on accompanying sheet Oaks Orange Co N.C. Augt. 9th 1864 having Just Written my last Will & testament revoking all others I deem it Well to add a few words to the end that my wife & Children may not misapprehend any part of said will this addition not to be regarded as part or parcel [Will Book Volume G, page 484] of the will: My wife & children will remember that I have uniformly allowed the wish & purpose with Gods Blessing, to give my Sons the best educa tion afforded by the Country expecting them with heavens blessings on Such advantages to be able to secure by their own industry a competancy of worldly substance which it has always been my chief desire in regard to property, to make a comfortable provision for my wife & Daughters in order that they may maintain in Comfort their social position: How often have my sons heard me [passage in loose will, skipped in will book version] say, as my father often said to me; [end of skipped passage if a young man with a good moral religious & literary education in this Country cannot Swim he deserves to sink such education God kindly enabled me to bestow on my sons and should He vouchsafe to them life & health, with the ordinary blessings of his Providence an[on] honest industry they will not feel the want of such patrimony as my estate could afford yet my wish as clearly expressed in my Will which I Know my wife will carry out is that if they or either of them should meet with misfortune she feel not restrained from relieving him or them or his or their family or families as far as may be Convenient to herself & Just to our Daughters and now I have only to commend them all Wife Sons Daughters sons-in-law, Daughters-in-law & grand children to the blessing & grace of our Covenant Keeping God, assured that as without these none can be rich so with them none can be poor W. J. Bingham P.S. The pen Knife presented me by Wm Hall must be given to his friend Wm Bingham as to the theological books belonging to my Brother Jno A Bingham [and] bequeath[ed] by will to me I Should like my son in law Rev J W Montgomery & Rev P T Penick to have the full use of them & indeed the absolute possession of them they can make a mutually satisfactory division my sons Wm & [Will Book Volume G, page 485] Robert can also divide in like manner my Brothers Latin & Greek books W.J.B Orange County Court Feby Term 1866 The Execution of the foregoing last Will and testament of William Bingham deceased was duly proved in pen Court according to law See minutes Test Geo. Laws CCC State of North Carolina Know all men by these presents that I Hudson M Cave of the County of Orange and State aforesaid do hereby given and bequeath all that portion of land given and left to me by my father Balfield Cave of the County of Orange and State of Virginia to my two Children towit) James [?] Cave and Emily M Cave his true and lawful Children to be equally divided either by Sale or as they may agree to have and hold the Same to them and their heirs forever Given under my hand and Seal this 22d day of Noveber 1834 The above is my hill Hudson M Cave (seal) and testament Orange County Court Feby Term 1866 The foregoing last Will and testament was duly proved in open Court according to law See minutes Test Geo Laws CCC Last will and Testament written wholly with my own hand, revoking all others done August 9th A.D. 1864 W. J. Bingham Oaks, Orange N.Caro[page cut off] [page 9, back of envelope] A A Thompson A A Thompson Mebaneville Alamance Co NC [page 10] [These are the court papers showing that the will was found in a locked drawer among Bingham's papers and that it was in his handwriting, etc. Too tedious to transcribe - no family history. Additional Comments: Will Book Volume G, pages 482-485 Recorded Feb 1866 Estate Papers comprise 69 pages and are found in a folder labeled "Bingham, William I (1866)". Much of this is a dispute about Confederate money being used to purchase some of the testator's real estate. This testator was also connected with The Bingham School ("military and classical school"). The Bingham Military School (originally named the Bingham School) was situated near Mebane Station, NC, 1865-1891, and moved to Asheville, NC, in 1891. Robert Bingham was superintendent from 1873 to 1920. Owen (White) Bingham was the widow of Col. William Bingham (1835-1873), son of the testator, died in Gainsville Florida 18 Feb 1873 having gone there for his health. Their children were William James Bingham, Walter Bingham, Mary S. Bingham, Ernest Bingham and Herbert Bingham CAVEAT: the administrator of this estate, Robert Bingham, son of the testator, was appointed 2 Mar 1866. The testator's tombstone clearly reads "19 Feb 1886". It would appear that the stone is incorrect. Lefler and Wager's Orange County, 1752-1952 (p. 324) also refer to his death as occurring in 1866