Orange County NcArchives Wills.....Byrd, Samuel September 9, 1828 ************************************************ 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 178-179 Written: September 9, 1828 Recorded: Feb l829 Testator: Samuel Byrd In the name of God Amen I Samuel Byrd of Orange County and state of North Carolina being in sound mind and memory but labouring under bodily affliction and cauling to mind the certai nty of death do make and publish this my last Will and testament in the first place I commit my soul to almighty God and my body to be buried in a Christian like manner, and as for my worldly goods and possessions I dispose of as follows ~~~ Item I will and devise in the first place that my Crop of all Kinds my stock of Horses Cattle, Hogs & Sheep together with all my House hold and Kitchen furniture, Plantation tools one set of Blacksmith tools with my interest in the Waggon & Log chain - jointly owned by my Brother James and myself and what plank I have at The saw mill shall be sold on a credit of Twelve months and that the Saw Mill jointly owned by me & [my] Brother Jas. be rented out Annually so long as she may stand, my interest in the said Mill ~~~~ Item I will and bequeath to my Daughter Susannah Byrd the following property, the Tract of Land whare on I now live my Father & Mother hath an estate in it for life and at there[sic] death fully and properly belong to my said daughter Susannah Byrd: and my desire is that my Daughter be taken by my sistor[sic] Caty Kimbrough and raised & for there[sic] trouble raising my said Child I give her the use of my negro boy Mat & negro child Lidy during the time my said sistor shall keep my said Daughter Susannah and I give to my said sistor Kimbrough one Red Muley Cow and her Calf And I give to my daughter one Negro Woman named Nancy, together with Mat and Lidy I also give to my Daughter one Feather bed & furniture and all of the remaining part of my estate after my just debts are paid and I wish my Negro Woman Nancy to be hired out untill my said daughter shall become of age, and my desire is that my Executors be vested with the previlige of further compensating my said sistor Kimbrough for any further trouble she may be incumbered with [page 2] in raising my said Daughter, provided they may think any is required as she may become helpless and very troubleson[e] to raise --- I Will and devise unto my two Sisterinlaws and two brotherinlaws Viz. Rebecka Polley George and John Miller, in case of my daughters death before she arives at the age of Twenty one Years, my desire is that my Negra Woman Nancy be sold and equelley devided betwene them ~~~ Item I further will and divise in case of the death of my said Daughter before she arives of age, that my Two Negroes Mat and and[sic] Lidy be sold and disposed of as follows, I give to my brother Thos. Byrds daughter Mary Fifty Dollars, I give to my sistor Elizabeth Florence one Hundred Dollars, and I give to my sistor Caty Kimbrough the remainder of the proseeds[sic] of the said Negroes Mat & Lidy, and all the balence of money belonging to my estate if any Item my further will and desire is that if my said Daughter should die before she arives at the age of Twenty one, and at the death of my Father and mother that my ["that my" x-out] Land be sold on a credit of Twelve Months and equelly Devided betwene my Brothers and sistors viz. James Bird[sic] Empson Bired[sic] Caty Kimbrough and Elizabeth Flowrence ~~ Item my further will and desire is that the Tract of Land jointly owned betwene myself and Brother James when the lease expires be sold on a credit of Twelve Months and equelly devided betwene my said brother and Sistors ~~~ Item I give to my brotherinlaw John Miller one Three year old Sorrel Colt ~~~~~ This I declare to be my last will and Testament revoking all others and appoint Thomas Lynch and Gabl. B. Lea my Executors Signed sealed and confirmed ~~~ September 9th 1828 in the presence of -------- Gabl. B Lea } Samuel Byrd (seal) Thomas Byrd Jun. } Jurat Gabriel B. Lea renounces his right to qualify as Exr. Thomas Lynch qualifd. as Exr. [Will Book Volume E, page 178] In the name of God Amen I Samuel Byrd of Orange County and State of North Carolina being in sound mind & memory but laboring under bodily affliction and calling to mind the certainty of death do make and publish this my last Will and Testament. In the first place I commit my Soul to Almighty God and my body to be buried in a Christian like manner, And as for my Worldly goods & possessions I dispose of as follows ~~~ Item I will and devise in the first place that my Crop of all Kinds my Stock of Horses, Cattle Hogs & Sheep together with all my Household and Kitchen furniture plantation tools, one set of Blacksmith tools with my interest in the Wagon & Log chain Jointly owned by my Brother James and myself and what plank I have at the Saw Mill shall be sold on a Credit of twelve months, And that the Saw Mill Jointly owned by me & [my] brother Jas. be rented out annually so long as she may stand, my interest in the said Mill ~~~ Item I will and bequeath to my daughter Susannah Byrd the following property, the tract of Land whereon I now live, my father & mother hath an estate in it for life, and at their death fully and properly belong to my said daughter Susannah Byrd, and my desire is that my daughter be taken by my Sister Caty Kimbrough and raised & for their trouble raising my said Child I give her the use of my Negro boy Mat & negro child Lidy du= =ring the time my said Sister shall keep my said daughter Susannah. And I give to my said Sister Kimbrough one Red Muley Cow and her Calf ~~ And I give to my daughter one negro woman [named] Nancy, together with Mat and Lidy I also give to my daughter one feather Bed & furniture and all of the remaining part of my Estate after my Just debts are paid and I wish my negro Woman Nancy to be hired out until my said daughter shall become of Age, And my desire is that my Executors be vested with the privilege of further compensating my said Sister Kimbrough for any further trouble she may be incumbered with in raising my said daughter, provided they may think any is required as she may become helpless and troublesome to raise. ~~~ I will and devise unto my two Sisters in law and two brothers in law Viz. Rebekah, Polly, George and [Will Book Volume E, page 179] John Miller, in case of my daughters death before she arrives at the age of twenty one years, my desire is that my Negro Woman Nancy be sold and equally divided between them ~~~ Item I further will and devise in case of the death of my said daugh =ter before she arrives of age, that my two negroes Mat and Lidy be sold and disposed of as follows, I give to my brother Thos. Byrds daughter Mary Fifty Dollars, I give to my Sister Elizabeth Florence one hundred Dollars, and I give to my Sister Caty Kimbrough the remainder of the proceeds of the said Negroes Mat & Lidy, [and] all the balance of money belonging to my estate if any. ~~~ Item my further will and desire is that if my said daughter should die before she arrives at the age of twenty one, and at the death of my Father and Mother that my Land be sold on a Credit of twelve Months and equally divided between my brothers and Sisters viz. James Bird[sic] Empson Bired[sic] Caty Kimbrough and Elizabeth Flowrence ~~ Item my further Will and desire is that the Tract of Land Jointly owned between myself and brother James when the lease expires be sold on a credit of twelve months and equally divided between my said brother and Sisters ~~ Item I give to my brother in law John Miller one three year old Sorrel Colt ~~~ This I declare to be my last Will and Testament revoking all others and appoint Thomas Lynch and Gabl. B Lea my Executors. September 9th 1828 Signed sealed and confirmed Samuel Byrd (seal) in presence of Gabl. B. Lea Thomas Byrd Senr. Orange County February Term 1829 The Execution of the foregoing last Will and Testament of Samuel Byrd decd. was duly proved in Court by the Oath of Gabriel B. Lea and Thomas Bird Senr. subscribing witnesses thereto, and ordered to be Recorded. At the same time Thomas Lynch one of the Executors therein named appeared in open Court Court and qualified accordingly Gabriel B. Lea the other Executor therein named appear and renounced his right to qualifiy ~~ Test Additional Comments: Will Book Volume E, pages 178-179 Recorded Feb l829 It appears, based on the signature, that this will is in the handwriting of Gabriel B Lea. Estate Papers comprise 11 pages and are found in a folder labeled "Byrd, Samuel (1828)". No family history found.