Orange County NcArchives Wills.....Bird, Thomas 23 July 1834 ************************************************ 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, page 362 Written: 23 July 1834 Recorded: Aug 1835 Testator: Thomas Bird In the name of God Amen, I Thomas Bird Senr of the County of Orange and state of North Carolina being of sound mind and disposing memory, make and ordain this my last will and Testament in Manner and form as followeth viz - In the first place I lay no claim to none of the property that my wife Nancy possessed when I mari =ed her, and in addition to that, I give to my beloved Wife Two Hundred Acres of Land with the impro =vements, except the Mill, During widowhood or natu =ral life, I also give to my wife the Negro woman Nancy and her increase, with the choice of one Horse Two cows[calvs?], and one Hundred Dollars in mon =ey with one year's mantanance from the time of my decease - In the second place I give to my son Thomas all my Land, to go in possession thereof at my demise except the Two Hundred acres given to my wife During widowhood or natural life, and at the dece[a]se of my wife to go in possession of the Two Hundred acres given to my wife dureing life or widowhood In the third place I will that the balance of all my property Consisting of Negroes, Stock of all kinds farming utentials, House Hold and Kitchen furniture be sold and equily divided among all my Children, or there[sic] Heirs, (with the exception of my Son Thomas as I conceive the land given to Thomas will be a full share for him) the balance of my Children, or there[sic] Heirs, to have equel Share & Share alike - I will that my Son William & my friend Thomas Reeves Execute this my last will & Testament Acknowledged in presents This 23rd day of July A.D. 1834 of Thomas Reeves jurat William Bird Tho. Reeves qualfd. Thomas Bird (seal) [Will Book Volume E, page 362] In the name of God Amen I Thomas Bird Senr. of the County of Orange and State of North Carolina being of Sound mind and disposing memory make and ordain this my last Will and Testament in manner and form as followeth (Viz) In the first place I lay no claim to none of the property that my wife Nancy possessed when I married her and in addition to that I give to my beloved Wife Two Hundred Acres of Land with the Improvements except the Mill During Widowhood or natural life, I also give to my wife the Negro woman Nancy and her increase with the Choice of One Horse Two Calves and one Hundred Dollars in Money with one Years mantainance from the time of my decease In the second place I give to my son Thomas all my Land to go in possession thereof at my decease except the Two Hundred Acres given to my wife During widowhood or natural life and at the decease of my Wife to go in possession of the Two Hundred Acres given to my wife during life or widowhood In the Third place I will that the balance of all my property Consisting of Negroes Stock of all Kinds, farming utensials, House Hold and Kitchen furniture be sold and equally divided among all my Children or there[sic] Heirs, with the exception of my Son Thomas as I conceive the land given to Thomas will be a full Share for him) the balance of my Children, or thur[sic] Heirs to have equal share and share alike I will that my Son William & my friend Thomas Reeves Execute this my last Will & Testament Acknowledge[d] in presents This 23rd day of July A D 1834 Thomas Reeves William Bird Thomas Bird (seal) Orange County August Term 1835 The Execution of the foregoing Last Will and Testament of Thomas Bird Dcd was duly proved in open Court by the oath of Thomas Reeves & William Bird the subscribing Witnesses thereto and ordered to be Recorded At the same time Thomas Reeves one of the Executors therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, page 362 Recorded Aug 1835 Estate Papers comprise 12 pages and are found in a folder labeled "Bird, Thomas Sr. (1835)". Inventory simply lists "four negroes". It appears that several pages of the estate sale are missing. There is a total of $2699.08 1/2 listed as the proceeds of the sale, but the supporting list is not found. [Estate Papers - Heirs of Thomas Bird - Refunding Bond] State of North Carolina } } Orange County } Know all men by these presents that we John Bird, Joseph Bird, David Bird, William Bird, Empson Bird, James Fosett who married Elizabeth Bird now Decd. by whoom he had Seven children viz Anny Davis, who maried[sic] Henry Whitted, David Anderson, & James Henrson of full age Eloza Jane Bird Thompson, Elijah Graves, Mary A. Webb Minors for whoom the Said James is Guardian Ashford Walker who maried Phebe Bird, the affore[sic] Said David Bird, Said to be Guardian for the Heirs of John Wallis,s children who maried Mary Bird by whom he had Twelve children viz Bird, Mary, Elizabeth, Miles, Julian, Josiah Nacy - Rebecca, Doctrine, Chatherine[?], William & Annis (Said to be) Minors, & William Hall who maried Annis Bird by whom he had five children viz John, Robert, Ann, James, Leve, Minors The Said William Guardian &c are held and firmly bound unto Catlet Campbell Esqr. Chairman of the County Court of said County in the Sum of five Thousand Dollars good and lawfull Money to be paid to the said Catlet Campbell or his Successors in office, or assigns, to which payment well and truly to be made, we bind our Selves our heirs, Executor, and Administrators, Jointly and Severally firmly by these presents sealed with our seals and date this 4th Day of March A.D. 1837 The condition of the above obli =gation is such, that in case any debt or Debts truly owing by Thomas Bird Decd. Shall be hereafter sued for and recovered or otherwise made appear if then and in all every such case and cases, the above boundden John Bird, Joseph Bird, David Bird, William Bird, Empson Bird James Fosett Guardian, ["Anny" x-out] Henry Whitted and Anny his wife, The aforesaid David Bird Guardian for the Heirs of John Wallis,es [page 2] children and William Hall Guardian Shall refund and pay his or hir Rateable part of each all and every Such debt or debts, as often and as soon as any may appear, out of the part or Share of the personal estate of Said Decd. allotted to him or them and paid over by the Executor Then the above Obligation to be null and void otherwise to remain in full force and Virtue James Faucett guardeen (seal) David A Faucett (seal) James W Faucett (seal) Ann D Whitted (seal) William Bird (seal) William Hall guardeen (seal) Empson Bird (seal) Ashhford Walker (seal) David Bird (seal) Daved Bird guardian (seal) Joseph Bird (seal) John Bird (seal) by Joseph Bird his Aturney [Estate Papers - Account 1836] 1836 The Estate of Thomas Bird Decd. Thomas David Exr D [misc accounts omitted] Nov 12 Cash to Widdo she being the lowest bidder for } the old Negroe woman Darkes, at the Sale . . } 99.--