Orange County NcArchives Wills.....Bird, Empson January 15, 1831 ************************************************ 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 237-238 Written: January 15, 1831 Recorded: Feb 1831 Testator: Empson Bird In the name of God Amen I Empson Bird of the County of Orange and state of North Carolina being of sound and perfect mind and memory do this 15th day of January 1831 make and publish this my last will and testament in manner following that is to Say = First I give and beque[a]th to my wife Polley Bird one bed and one cow one pot one oven one walnut table and three chairs = Secondly I will that all the remainder of my perishable property be Sold on a credit of twelve months and that the track[sic] of Land I bought of Catherin Redding be Sold seperate[sic] from my old track on a credit of one and two years with interest after one year and that my old track that I now live on be Sold on a credit of one two and three years with interest after one year = Thirdly I will that my debts be paid out of the money arising from my perishable property = Forthly I will to my wife Polley Bird the one third part of the interest that may accrue from the Sale of my land during her lifetime = Fifthly In consequence of my father-in-law willing Hannah and her [page 2] children to my two oldest daughters namely Eliza Bird and Citty Bird I will and bequeth that all the money arising from the Sale of my property to be equely devided a- monge my three youngest children namely Martha Bird John Bird and Richard Bird and it is further my will that the interest of the money be applyed for the education of my three youngest children And it is my dieing request that my Sister Betsy Florence should take and raise my daughter Eliza and that my sisterinlaw Nancy Kirkpatrick should take and raise Citty and that Cosin Sarah Walker take and raise my daughter Martha and that my uncle James Dickey should take and raise my son John and that my Friend George Jorden should if he thinks it necessary get some suitable place for my son Richard and I hope the Lord will reward thim for there[sic] kindness And I hereby make and ordain my worthy friend George Jorden executor of this my last will and testament in witness wher -eof I have set my hand and seal the day and year above written Empson Bird (seal) Signed Sealed and published in the presence of us who were present at the time of Signing and sealing thereof Jehu Bird Jurat James Byrd & Charles Jordan [Will Book Volume E, page 237] In the name of God Amen I Empson Bird of the County of Orange and State of North Carolina being of Sound and perfect mind and memory do this 15th day of January 1831 make and publish this my last will and testament in manner following that is to Say First I gave and bequeath to my wife Polly Bird one bed and one cow one pot one oven one Walnut Table and three chairs Secondly I Will that all the remainder of my ["property" x-out] perishable property be Sold on a credit of twelve months and that the tract of Land I bought of Catherine Redding be Sold Seperate[sic] from my old tract on a credit of one ["Year" x-out] and Two Years with Interest after one year and that my old track that I now live on be Sold on a credit of one two and three years with interest after one year [Will Book Volume E, page 238] Thirdly I will that my debts be paid out of the money ariseing from my perishable property Fourthly I will to my wife Polly Bird the one third part of the intrust[sic] that may accrue from the Sale of my land during her lifetime Fifthly Inconsequence of my Fatherinlaw [willing] Hannah and her Children to my two oldest daughters namely Eliza Bird and Citty Bird I Will and bequeath that all the money ariseing from the Sale of my property to be equally divided amonge my three youngest children namely Martha Bird John Bird and Richard Bird and it is further my Will that the Intrust of the money be applied for the education of my three Youngest Children And it is my dieing request that my Sister Betsey Florence Should take and ra[i]se my daughter Eliza and that my Sisterinlaw Nancy Kirkpatrick Should take and raise Citty and that Cousin Sarah Walker take and raise my daughter Martha and that my uncle James Dickey Should take and raise my Son John and that my Friend George Jordon Should if he thinks it necessary get some Suitable place for my Son Richard and I hope the Lord will reward them for there[sic] kindness And I hereby make and ordain my Worthy friend George Jorden Executor of this my last Will and Testament in witness whereof I have set my hand and seal the day and year above Written Empson Bird (seal) Signed Sealed and published in the presence of us who were present at the time of Signing and Sealing thereof Jehu Bird James Byrd Charles Jordan Orange County February Term 1831 The Executor of the foregoing Last Will and Testament of Empson Bird was duly proved in open Court by the Oath of Jehu Bird a Subscribing Witness there to and ordered to be recorded Test Additional Comments: Will Book Volume E, pages 237-238 Recorded Feb 1831 Estate Papers comprise 16 pages and are found in a folder labeled "Bird, Empson (1831)". Widow describes herself as "Mary Bird". Testator died "March last"? With the will being proved in February, March does not appear to be correct. Some of these papers are the allotment of dower. Includes inventory of notes, and account of sales. 1831 To Hire Hannah this year say for 8 months $5.00; 1832: $17.20, 1833: 15.05. [Estate Papers - Division of Negroes] [This appears to have been written with very wet ink and then sanded. It is smeared and speckled with black dots.] In pursuance of a commission to us directed from Orange County Court to divide the Negroes belonging the Joseph Montgomery and wife and Christian Byrd heirs of Empson Byrd Decd. equally between them share and share alike and we have done so in the following Manner to wit Hannah & John & Juliann to compose one lot to Joseph Montgomery and Green[?] & Minerva to compose the other lot to Christian Byrd and that we do assign the value of each lot to be of equar[sic] value Given under our hand and seals this 2nd Day of January 1836 C T Faucette Doctor Dickey Jas. ???????