Orange County NcArchives Wills.....Borland, Mary E October 8, 1867 ************************************************ 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 532 Written: October 8, 1867 Recorded: Nov 1867 Testator: Mary E Borland State of North Carolina } Orange County } I Mary E. Borland of the county and state aforesaid being of sound mind and memory but considering the uncertainty of my Earthly existence do make and declair this my last will and testament in manner and form following that is to say - First That my Executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts howsoever and whomsoe -ver owing out of the first money that may come to his hands as a part or parcel of my estate Secondly I give and devise to my grandmother Rebecca Tapp all my household property all my stock of Cattle and hogs also my tract or lot of 50 acres of land a part of the tract on which she now lives also my other tract of land known as the Waddell tract during her natural life, also the interest of my Distributive shear[share] that is or may be due in my Grandfathers Richard Tapps estate the same to be put at interest by my Executor and the interest to be paid to her annually and if her necessaties require it, a part of the principal or the whole be paid to her for her support if her [page 2] necessates[sic] requ[i]re it Thirdly I give and Devise to my brother Alexander to my brother Jesse A and to William and to my sister Cornelia the sum of one Dollar each to be paid to them by my Executor Fourthly I give and devise to my brother John Borland after the Demise of my Grand -mother Rebeca Tapp the lot of land willed to her, [during] her lifetime whereon she now lives also the parrishable property willed to my Grandmother and the balance of what property may be in my Executors hands at her Discease from my Grandfather's Tapps estate to have and to hold to him and his heirs in fee simple forever Fif[th]ly I give end devise to my esteemed friend Baker Strayhorn my Waddell tract of land after the death of my Grandmother Rebeca Tapp to have and to hold to him and his heirs forever this bequest is for his Kind -ness to my Grand-mother And lastly I do hereby Constitute and appoint my trusty Friend Thomas G Pratt my lawful Executor 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 & Clause thereof [page 3] I[n] witness whereof by the said Mary E Borland do hereunto set my hand and seal this 8th day of October A.D. 1867 Signed sealed published and declared by the said Mary E Borland to be her last will and testament (interlineations done before assigned) in presents of us who at her Request and in her presents do subscribe our names as witnesses thereunto - Richard M. Jones Jurat Mary E Borland (seal) Edmond C. Thompson Jurat [Will Book Volume G, page 532] State of North Carolina } Orange County } I, Mary E Borland of the County and State aforesaid being of Sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following that is to Say. First, That my Executor hereinafter named Shall provide for my body a decent burial Suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts howsoever and whomsoever Oweing[sic] out of the first money that may come to his hands as a part or parcel of my estate Secondly, I give and devise to my Grand Mother Rebecca Tapp, all my household property all my Stock of Cattle and hogs also my tract or lot of 50 acres of land a part of the tract on which she now lives also my other tract of land known as the Waddell tract during her natural life, also the interest of my distributive shear[share] that is or may be due in my Grand fathers Richard Tapps estate, the same to be put at interest by my executor and the interest to be paid to her an[n]ually and if her necessities require it a part of the principal or the whole be paid to her for her support if her necessities[sic] requ[i]re it Thirdly I give and devise to my Brother Alexander to my Brother Jesse A and to William and to my sister Cornealia the Sum of one Dollar each to be paid to them by my executor Fourthly, I give and devise to my brother John Borland after the demise of my Grand Mother Rebecca Tapp, the lot of land willed to her, [during] her lifetime whereon she now lives, also the perishable property willed to my Grand Mother and the balance of property what may be in my executors hands at her decease from my Grand ["Mother" x-out] Father Tapps estate to have and to hold to him and his heirs in fee simple for ever. Fifthly I give end devise to my esteemed friend [Will Book Volume G, page 533] Baker Strayhorn my Waddell tract of land after the death of my Grand Mother Rebecca Tapp to have and to hold to him and his heirs ["heirs" x-out] forever. this bequest is for his Kindness to my Grand Mother And lastly I do hereby Constitute and appoint My trusty friend Thomas G Pratt my lawful Executor 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 & Clause thereof In witness whereof by the said Mary E Borland do hereunto set my hand and seal this 8th day of October A.D. 1867 Signed, sealed, published and declared by the Said Mary E Borland to be her last will and testament (interleneations[sic] done before Assigned) in presence of us who at her request and in her presence do subscribe our names as witnesses thereunto Richd M Jones Mary E Borland (seal) Edmond C Thompson Orange County Court November Term 1867 The Execution of the foregoing last will and testament of Mary E Borland decd. was proven on oath in open Court. See Minutes Test Geo Laws CCC [Estate Papers - Complaint Apr 1881] Orange County --- Superior Court In the Matter of the Estate } of Mary E Borland dec } The complaint of Rebecca Tapp respectfully Shews to the Court I That Mary E Borland late of Orange County died in Orange County in the Year 1867 leaving a last Will & Testament which has been duly proved & recorded and appointing Thomas G Pratt of Orange County her sole Executor, who has duly qualified as such Executor and is in the discharge ["there of" x-out] of the duties of his said office. II That in the second clause of said will the said testatrix gave and devise the following property to the plaintiff Rebecca Tapp to wit. "I give and devise to my Grand mother Rebecca Tapp all my house hold property all my stock of Cattle & hogs also my tract or lot of 50 acres of land a part of the tract on which she now lives, also my other tract of land known as the Waddell tract during her natural life, also the interest of my distributive share that is or may be due in my Grand Father's Richard Tapp's estate the same to [page 2] to[sic] be put at interest by my Executor and the interest to be paid to her annually and if her necessities require it, a part of the principal or the whole be paid to be for her for her support if her necessities require it." III That she is now past Eighty Eight years old,[See Note 1] and nearly destitute of the mean of living, that the said will directs the said Executor to pay the whole of a ["legacy de" x-out] the distributive share of the said Testatrix in the Estate of the last Richard Tapp to ["be paid to" x-out] her, in case "her necessities requires it." that the necessities of her case now requires the[?] said payment but the said Pray Executor as aforesaid refused to pay the same unless directed to do so by on order of this court Wherefore she prays the court for an order, directing the said Pratt to pay the said distributive share to the plaintiff and such personal property as the will necessities[?] and for such other and further relief as the necessities of the case may require Rebecca Tapp by her atty C. E. Parrish [Estate Papers - Answer to Complaint 30 Apr 1881] State of North Carolina } Superior County Orange County } April 30th 1881 Rebecca Tapp } against } Answered Thos. G. Pratt Exer. } of Mary Borland Decd. } In this action the Deft Answers I Think he knows of now estate of any value owned by the plaintiff, as she has but little personal property and her life Estate in the Tract of Land devised by Mary Borland would not yield more than between sixty to one hundred Dollars a year. II That on the 17th March 1874, the Defendant allowed the plaintiff to use the sum of one hundred and twenty Dollars of said Estate but took her promissory note for the same signed also by B. W. Strayhorn III That this Defendant does not deny that the necessities of the plaintiff now require that said note to her delivered up to her and submits to any order made by this Court in the matter. That the debts of Mary E. Borland were paid by Mrs Tapp and B W Strayhorn to the among of $288.54 and as he believes a considerable part of this furnished by the plaintiff. Jno W Graham Deft's Atty [Estate Papers - Court Order 30 Apr 1881] State of North Carolina } Superior Court Orange County } April 30rty 1881 Rebecca Tabb } against } Ordered Thos. G. Pratt Exer. } of Mary Borland } Upon reading and considering the Complaint and answer and duly considering the matters admitted and in Evidence It is ordered and adjudged that that[sic] the necessities of Rebecca Tapp require this use of the whole of the personal property devised to her in the will of Mary Borland and the Deft will cancell the note taken by him "surrendered by order of Court" & file in this action and allow to said plaintiff all the personal property of said Estate & file a list thereof in this action - Baker W Strayhorn is also released from all liability on said note. This Decree will be en- rolled. Costs of this action - will be paid by Defendant } Geo Laws Clerk & C Additional Comments: Will Book Volume G, page 532 Recorded Nov 1867 In the will, the surname "Tapp" appears to read "Topp", however other source seem to indicate that "Tapp" is correct. Estate Papers comprise 15 pages and are found in a folder labeled "Borland, Mary (1881)". There is some family history found there, so these are transcribed below. Note 1: Rebecca Tapp is 88 when this Complaint is written. The resultant court order was issued 30 Apr 1881, so it is assumed that this was written about that time, making Rebecca Tapp, the grandmother of the testator, Mary E. Borland, born in 1793, confirmed by the 1880 census where Rebecca is found living in the household of her son-in-law, George M. Hobbs in Hillsboro, Orange County, NC. Other research shows that Rebecca Hopson married Richard Tapp, 3 Sep 1813 in Orange County, NC.