ORANGE COUNTY, NC - WILLS - William Cain Senr., 10 Apr 1856
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Will: William Cain Senr., 10 Apr 1856, Orange Co., NC

[Orange Co., NC, Will Book G, p. 182. Copy received from North Carolina State 
Archives. Note -- there's no indication on the copy I received of when this 
will was admitted to probate. Thornton W. Mitchell's "North Carolina Wills: A 
Testator Index", notes that the will was filed in 1857.]

Wm Cain Senr

I William Cain of Orange County in North Carolina do make this my last will & 
testament.

In order to provide for the early payment of my debts & the convenient
division of my Estate, I will and devise all my lands in Alabama & Tennessee &
my half of the House & ground in Hills-borough, which is held by Mr. John [U
?] Kirkland & myself to be sold in convenient time after my death & [turned ?]
out & out into person-alty, and also my negroes in Alabama & all my crops on
hand or growing at my death, stock, & all other personal Estate, where-soever
situate, except my slaves in North Carolina; and I author-ise my Executors, or
that one of them who may act under my will, to make said [sales ?] & to convey
to the purchaser or purchasers and if necessary, [Inquire ?] my heirs at law
to concur in such sales of real Estate by joining in conveying the same, so as
to [approve ?] the [same ?] [eventually ?] to the purchaser or purchasers.
And, as one of my executors may wish to purchase some of the land or other
things & it may [conduce ?] to enhance the price to allow him to b! id &
purchase at public sale, I do order & direct that my Exe-cutors may
respectively do so & that such purchases by open bid-ding at auction shall be
valid & proper conveyances shall be made by the one executor to the other so
purchasing & if need be, by my heirs at law. If my Executors should die before
making such sales or refuse or fail to act under my will, I empower the person
or persons to whom for the time being administration of any personal estate
may be committed in North Carolina, to make or complete such sales &
conveyances.

Out of the proceeds of the sale aforesaid & all money on hand or owing to me I
order the charges of administration & my debts to be paid in the first
instance.

The residue of the said proceeds of sale, money & debts & my slaves in North
Carolina & all other lands & other things & rights belonging to me I give &
divide amongst the [illegible] members of my family as follows:

The lands in Orange, on which I reside, containing about nineteen hundred &
fifty (1950) acres & all my lots, houses & real estate in Hillsborough (except
that held my Mr. Kirkland & myself & except those hereinafter devised to Dr.
Pride Jones) I give & devise to my son James F. Cain in fee simple, and I also
give him & his heirs all my right, legal & equitable, in & to a certain house
& grounds on the Oxford road east of Hillsborough, formerly belonging to the
late P. H. Mangum, for the pur-chase of which I lately contracted with Mr.
Garret, and also having one acres of land out of my tract adjoining, to be
laid off so as to include the peices [sic] I purchased from Mr. Cameron & Dr.
Long containing about thirteen acres & to include also eight acres more by a
line coming from the corner of the said pieces next to the house in which I
formerly lived to the Oxford road. I am aware that the value of the said Real
Estate, these given to my son James, somewhat exceeds nine thousan! d dollars,
yet, as he is my oldest son now living & I have hitherto made but
inconsiderable advancements to him, I think it best to estimate it at that
sum, and I accordingly direct that he be charged, in respect thereof, with the
sum of nine thousand dollars in the divisi-on of my Estate hereinafter
directed.

To my son Thomas P. Cain I give in fee simple my mills on Little River in
Orange County & the tract of land on which they are situate, containing about
six hundred acres, & also another tract in Orange on which one Clements lives
as a tenant, on the Oxford road [illegible] my house & containing about one
hundred and forty acres, and also all my [shares ?] & interest of & in a
certain tract of land in Guilford County, called the copper mine, which I hold
with James Webb & others and all other lands which I now own in North Carolina
legally or equitably & not herein speci-fically disposed of; and for the same
the said Thomas should be charged with the sum of five thousand dollars in the
division of my Estate.

I have heretofore given to my daughter Minerva or her husband Tod R. Caldwell
Esquire in money & the slaves Dennis & his wife Fanny, George, Margaret & a
boy named Cleg [?] who is a child of [illegible], to the value of four
thousand and four hundred dollars, and I have given to my daughter Martha or
her hus-band Dr. Pride Jones, in money & the slaves Lizzy & Susan to the value
of five thousand dollars, and I do now confirm the said several gives & will
that the said Tod R. Caldwell & Pride Jones respectively have the issue of the
said female slaves now born or that may be born & [they ?] be respectively
charged with the said several slaves, in respect of those prior gifts, in the
division of my estate. And I furthermore give to my son in law Pride Jones in
fee simple, if he be living at my death, & if he be then dead, to his wife
Martha [Ann ?] in his stead the tract of land near Hillsborough, which I
purchased from David Yarbrough & Miss Burke, containing about six hundred &!
thirty four acres (excepting [illegible] the eight acres thereof before given
to my son James) and also six town lots in Hillsborough lying between the said
land & Wm. Hills, and I order that he or she, as the case may be, shall be
charged, in respect of the said land in this clause given, with the sum of
nine thousand dollars in the division of my Estate.

I have heretofore given to my son William, now deceased, money & property of
different kinds to the value of six thousand dollars, as I estimate it, which
I mention as having a bearing on the provision hereinafter made for his
family.

I have hitherto given to my grand daughter Mary Caldwell a valuable negro girl
& I now give to my daughter Minerva Cald-well my piano forte, and to my
daughter Mary [E. or C.] her maid Amy & a girl named Alma, a child of Sally, &
to my son James F. my female servant Maria, as special legacies, for the value
of which they are not to be accountable in the division.

I then give to my daughter Mary [E. or C.] Cain out of the said general fund
the sum of fifteen thousand dollars, payable with-in two years after my death,
and I order that it be paid [words scratched out] without abatement with other
pecuniary or general legacies & at all events, provided only that the fund be
sufficient therefor after the payment of money & debts.

I further give [illegible] to my son James F. Cain the sum of nine thousand
dollars payable within two years after my death in trust for the following
purposes, that is to say: to invest the same in the public debt of North
Carolina or in some other secure manner & to receive the interest or dividends
accru-ing thereon & pay the same annually or oftener to Sarah, the widow of my
son William, during her widowhood & during the minority of her son William,
for the better support of herself & the nurture & education of her two
children, but upon the death or marriage of the said Sarah during the minority
of her said son or upon the coming of full age of her said son, which shall
first happen, the in trust for the said two children, William & Elizabeth
equally to be divided between them. If one of my said two grandchildren should
die unmarried and under full age of twenty one years, then the share of him or
her so dying shall go to the other, provided nevertheless that the annual p!
rofits shall, as before, be paid to the said Sarah, for the use of herself &
her surviving child, until her own [word scratched out] marriage or the coming
of age of the child. But if both of the said children Willi-am & Elizabeth,
should they die unmarried & under full age, then & in that case the whole
fund, including both the original shares & the accrued share of the surviving
child shall, upon the death of such survivor, go to & be equally divided
between such of my children as may be then living & if but one, then to that
one, and if I should have no child living at the said time, then & in that
case the said fund, including both shares, shall go to those persons who at
that time may be my next of kin according to the statute of distributions in
the proportions therein prescribed. My reason for these limitations over is
principally, that upon the death of her children during infancy the said Sarah
would succeed by law to what they derived from their father & might then [!
word scratched out] get about one third of what I have or intended to give to
my son Willi-am, namely, a child's part of my estate. And I express the hope,
that the provision I have thus made for my daughter in law & her children will
suffice for them, especially while the children are young, so that their
shares of their father's estate may accumu-late & be ready to meet the larger
expenses of advanced age & education.

I further will that after the payment of charges, debts and legacies
aforesaid, there be made up in money or North Caro-lina slaves at valuation to
each of my children Minerva, Martha, James & Thomas, with what he or she both
respectively had or is charged with in this will as aforesaid the sum of
fifteen fifteen [sic] thousand dollars, so to make each of those four equal
with Mary, if there be a sufficiency for that purpose, and then the residue of
the fund, if any, to be equally divided among my said five children now
living.

In making the division I order that Tom Green, the blacksmith & carpenter, be
allotted to my son James at eight hundred dollars & Ellicle [?] at five
hundred dollars; and that they boy Clay be allotted to my son Thomas at three
hundred & fifty dollars & the boy Haywood at eight hundred dollars, but these
specific ap-propriations are not to take effect so as in any degree to [defeat
?] the payment of the said legacy of fifteen thousand dollars to my daughter
Mary and I further will that in the said division the children of my woman
Maria belonging to me at my death shall be allotted to my son James at a fair
valuation in part of his share of the general fund aforesaid, but if they
should happen to exceed his share, then he is to have them at all counts
specifically, as it is my intention not to separate any part of Maria's family
but that James should have all of them [smudge] even if thereby Mary should
lose part of her said pecunia-ry legacy.

About twenty years ago I sold to my sister Mary my plantation on Eno & she has
had possession of it ever since, but I have never created a conveyance to her.
I therefore devise the same to her, my said sister, in fee simple.

I direct that my negro woman Milly may choose her owner amongst my five living
children & that he or she so chosen shall take her at a fair valuation.

I appoint my son James F. Cain & my son in law Tod R. Caldwell the Executors
of this my will, dated this 10th day of April 1856 & with my signature on both
sheets.

Wm Cain Senr

Signed & published by the Testator
as his will in presence of us
after interlineation.
[illegible] H. [Regan ?] Jurat [this name is very faint]
[Thomas ?] Ruffin Jurat
Robert Moore Jurat
--------------------------

[no heading]

A paper writing purporting to be the last will and testament of William Cain 
deceased late of Orange County & bearing date the 10th of April 1856 was 
propounded [?] for pro-bate by James F. Cain and Todd R. Caldwell the 
executors named therein and Thomas Ruffin, James H. Ruffin and Robert Moor the 
subscribing witnesses, having first been duly sworn according to law, proved 
the due and lawful execution thereof by the said William Cain as his last will 
and testament.

And therefore it is considered by the Court that said paper writing is the 
last will and testament of said William Cain and is [hereby ?] exe-cuted to 
[illegible] both his real and per-sonal estates, and that the same be recorded 
accordingly, and that the executors therein named be [herewith ?] to qualify 
as such and that Letters Testamentary issue to them.

[no signature; no date]