Orange County NcArchives Wills.....Blackwood, David K June 16, 1859 ************************************************ 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 226 Written: June 16, 1859 Recorded: Aug 1859 Testator: David K Blackwood In the name of God Amen, I David K Blackwood of the county of orange and state of North Carolina, being of sound mind and memory, but of feeble health, do make and publish this my last will and testament, here by revoking, and making void all former wills by me at any time heretofore made Item first I direct all my just debts and funeral expenses to be paid as soon as possible out of the first monies that may or shall come into the hands of my executor[s] from any portion of my estate item second I give and devise to my beloved wife Tabitha my home tract of land on which I now live containing one hundred acres, to have and to hold to her the said Tabitha for and during the term of her natural life or during her widowhood, I also give and bequeath to my wife one bed and bed clothing during her natural life, at her death my will is that this bed shall be given to my daughter Harriet J. Ward, I also give and bequeath to my wife one sixth part of all my perishable [page 2] Estate, Item 3rd I give to my children here at home with me, (viz) John & Samuel Mary E., Julia A. Blackwood one bed a piece and furniture item fourth, My will and desire is that ["that" x-out] the residue of my Estate both real and personal shall be divided amongst my five children share and share alike, if this cannot be satisfactorily done, my will then is that all of the my property both real and personal except that portion which has been already given off, shall be sold and the proceeds equally divided amongst my five children Item fifth My will and desire is that at the death of my wife, that portion left to her shall be equally divided between my five children share & share alike and if this cannot be done satisfactorily my will is that it shall be sold and the proceeds equally divided between my five children share and share alike sixth my will and desire is that if any of my five children should die without [a] legal heir then that portion so given off shall be equally divided between my living children share and share alike. [page 3] And lastly I do hereby constitute and appoint my two sons, John M. Blackwood and Samuel D. Blackwood my lawful executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof In witness whereof I the said David K- Blackwood have hereunto set my hand and seal this 16th June 1859 Signed sealed and David K Blackwood seal delivered in the presence of us who have subscribed in the presence of each other John L Davis jurat Wm L Kirkland jurat [second handwritten copy in loose wills] In the name of God Amen I David K Blackwood of the County of Orange and State of North Carolina, being of sound mind and memory but of feeble health, do make and publish this my last Will and Testament, hereby revoking, and making void all former wills by me at any time heretofore made Item first I direct all my just debts and funeral expenses to be paid as soon as possible out of the first moneys that may or shall come into the hands of my executor[s] from any portion of my estate Item second I give and devise to my beloved wife Tabitha my home tract of land on which I now live containing one hundred acres, to have and to hold to her the said Tabitha for and during the term of her natural life or during her widowhood, I also give and bequeath to my wife one bed and bed clothing during her natural life, at her death my will is that this bed shall be given to my daughter Harriet J. Ward, I also give and bequeath to my wife one sixth part of all my perishable [page 2] Estate, Item 3rd I give to my children here at home with me, (Viz.) John & Samuel Mary E, Julia A Blackwood one bed apiece and furniture Item fourth, My will and desire is that the residue of my Estate both real and personal shall be divided amongst my five children share and share alike, if this cannot be satisfactorally[sic] done, my will then is that all of my properdy[sic] both real and personal except that portion which has been already given off, shall be sold and the proceds[sic] equally divided amongst my five children Item fith[sic] My will and my desire is that at the death of my wife, that the portion left to her shall be equally divided between my five children share & share alike and if this cannot be done satisfactorily my will is that it shall be sold and the proceeds equally divided between my five children share and share alike Item 6th My will and disire is, that if any one of my five children should die without legal heir, then that portion so given off, shall be equally divided between my living children share and share alike [page 3] And lastly I do hereby constitute and appoint my two sons, John M Blackwood and Samuel D Blackwood my lawful executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the Same and every part and clause thereof In witness whereof I the said David K ~~ Blackwood hath hereunto set my hand and seal this 16th June 1859 Signed sealed and David K Blackwood seal delivered in the presence of us who have subscribed in the presence of each other John L Davis jurat William S Kirkland jurat [Will Book Volume G, page 226] In the name of God Amen I David [K] Blackwood of the County of Orange and State of North Carolina being of Sound mind and memory but of feeble health do make and publish this my last Will and Testament hereby revoking and make= ing void all former wills by me at any time heretofore made Item first I direct all my just debts and funeral expen= ces to be paid as soon as possible out of the first monies that may or shall come into the hands of my executors from any portion of my estate Item second I give and devise to my beloved wife Tabitha my home tract of land on which I now live containing one hundred acres to have and to hold to her the said Tabitha for and during the term of her natural life or during her widowhood I also give and bequeath to [Will Book Volume G, page 227] My wife one bed and bed clothing during her natural life at her death my will is that this bed shall be given to my daughter Harriet J. Ward I also give and bequeath to my wife one sixth part of all my perishable estate Item 3rd I give and bequeath to my Children here at home with me (viz) John & Samuel Mary E. Julia A. Blackwood one bed apiece and furniture Item 4th my will and desire is that the residue of my estate both real and personal shall be divided amongst my five children Share and Share alike if this cannot be satisfactorily done my will then is that all of the my property both real and personal except that portion which has been already given off shall be sold and the proceeds equally div= ided amongst my five children Item fifth My will and desire is that at the death of my wife, that portion left to her shall be equally divided between my five children share and share alike and if this cannot be done satisfac= rely[sic] my will is that it shall be sold and the proceeds equally divided between my five chil= dren Share and share alike Item 6th My will & desire is that if any of my five children should die without a legal heir then that portion so given off shall be equally divided be= tween my living children share and share alike. And lastly I do hereby constitute and appoint my two sons John M. Blackwood and Samuel D. Blackwood my lawful Executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof In witness whereof I the Said David K. Blackwood have hereunto set my hand and seal this 16th June 1859 [Will Book Volume G, page 228] Signed sealed and delivered David K Blackwood seal in the presence of us who have subscribed in the presence of each other John L Davis } Wm S. Kirkland } Orange County Court August Term 1859 The execution of the foregoing last will and testament of David K. Blackwood decd. was duly proved in open Court by the Oaths of John L. David and Wm S. Kirkland the Subscribing witness thereto Test Additional Comments: Will Book Volume G, page 226 Recorded Aug 1859 Two handwritten copies in the loose wills. Same handwriting in each, slightly different spellings. Both appear to have been signed by the actual signatories. Estate papers comprise 18 pages and are found in a folder labeled "Blackwood, David K (1843)". Some transcribed below. [Estate Papers - Inventory 28 Nov 1859] Inventory of the Estate good and chattels belonging to the Estate of Davd K. Blackwood deceased in the hands of John M. & Sam'l D. Blackwood Executor at the November Term of the Court of Pleas & quarter Sessions A.D. 1859 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Land The Mountain tract of land containing Two hundred and six acres (206) The home Tract of land containing one hundred acres & being the place whereon [the] deceased resided prior to his death Agg 306 Acres The following Negro Slaves Towit: Katy a Negro Woman aged about 44 Years Susan " " " " " 18 " Ann " " child " " 2 " Laura " " " " " 1 " Ruffin " " Man " " 32 " Jim " " " " " 17 " Henry " " Boy " " 14 " ~~~~~~~ The following stock & personal property Towit: For head of horses (including one colt) Fourteen head of Cattle Twenty Eight head of sheep [sundry items omitted] State of North Carolina } John M. & S. D. Black } wood Executor of the County of Orange } last will & Testament } of David K. Blackwood } late of said County decd. being each duly sworn before me (the undersigned authority) depose and say that the foregoing list hereto at- tached contains a just true and perfect Inventory of all the Real Estate goods and chattels of the deceased which have come to their hands or the hand of any other person for them J. M. Blackwood S. D. Blackwood Sworn to and subscribed before me this 28th day of November A.D. 1859 W. J. Hogan JP [Estate Papers - List Distributees ] Tabitha D. Blackwood Legacy 723.81 Jno. M Blackwood " 995.15 Jas. M Ward " 517.73 Saml. D Blackwood " 871.00 Mary B. Blackwood " 995.15 Joseph Kirkland " 995.15 Balance of the proceeds of Said estate in our hands for distribution 872.92 =========== $ 6369.41