Orange County NcArchives Wills.....Cain, William Sr December 14, 1827 ************************************************ 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: Will Book Volume E, pages 324-329 Written: December 14, 1827 Recorded: Nov 1854 Testator: William Cain, Sr [Will Book Volume E, page 324] State of North Carolina } Orange County } I William Cain the Elder do make and ordain this Instrument to be my last will & Testament in manner and form following (Viz) I give and devise to my Dau =ghter Polly Southerland in fee simple the following Tracts of Land Vis the tract called Fannings & which I purchased of Alves the which formerly belong[ed] to my Brother Timothy Cain and the tract which I purchased from William Cain and conveyed to me by John Cain to have and to hold the said Tracts of Land to her the said Polly Southerland her Heirs & Assigns for ever - I also give & devise to my said Daughter Polly Southerland the following personal property towit my negro man Platoe Twenty five shares of Capital Stock of the State Bank of North Carolina the sum of Two thousand Dollars in Money; one half of all the Stocks Cattle hogs and Sheep belonging to my home plantation one half of all the plantation tools and utensels belonging to the same one waggon & geer Complete my Rideing Carriage & a pair of Horses four work horses One half of all my Household and Kitchen furniture likewise the use and Occupation of my Dwel[l]ing house and the Houses appurtenant thereto for three years after my death also provisions for One Year for her self and Family - All the property of whatever kind Which I have heretofore put into the hands or possession of my Said Daughter Polly Southerland I declare to be gifts ["of" x-out] and hereby confirmed them - I give and devise to my son in law Willie P. Mangum in fee Simple my lot of land in Hillsborough Bounded on the east by the lot of Frederick Nash Esqr. by a [Will Book Volume E, page 325] lot on the west b[e]longing to Shetts Heirs also a tract of land near Hillsborough being my Share or portion of a tract former own[ed] by John Cain David Roy[Ray?] & myself - and whereas since his intermarriage with my Daughter Charity I have advanced to him sundry chattels (beside slaves) and some money I now declare them to be gifts and confirm them I also bequeath to him two work Horses out of my stock of medium Value and as to the slaves which I have or may put into his possession or Shall in my lifetime Convey to him I do hereby give & devise them with all their increase while in his possession to him the said Willie P Mangum but it is my will that in the Division of the residue of my slave property as hereinafter provided for the said Mangum shall account for all the said Slaves so given or put or that may hereafter be put into his possession and that they Shall be valued as of the time at which they ware conveyed or put in to his possession it being my intention that his he shall hav[e] the increase for the trouble and the expense of raseing them --------- I give and devise to my son William Cain and to my Daughter Charity Mangum the following several tracts of land adjoining each other that is to say the Rich Mountain Tract The red Cabin tract Common tract the store tract two other tracks Purchased of Powell and one other track[sic] Purchased of Samuel Turentine all w[h]ich tracts of land I devise to them the said William & Charity their Heirs &c in fee simple and to be equally Divided between them in which division my son William shall have the Northern and my daughter Charity shall have the Southern Division of said lands ------- --------- ------- I give and devise to my son William Cain all the rest and residue of my lands and real estate not herein and hereby specifically devisee to others to him and his heirs in fee simple the Home Plantation & buildings with there[sic] appurtenances being subject to the use and occupation to my daughter Polly Southerland as here in before mentioned - having hereto[fore?] given and conveyed to my daughter Ann Davis and her husband Edward Davis a large and valuable real Estate besides sundry personal chattels I do now her[e]by Confirm the same and I do hereby devise to my son William Intrust[sic] for the seperate and sole use of my daughter Ann Davis and her Children the sum of Four thousand Dollars being part of the sum paid to Thomas Hunt for the replenishes[?] of the lands on which my said daughter now lives which sum of Money shall be laid out by the said William his heirs Executors &c in such a way as he or they may deem most beneficial to my said daughter Ann Davis & her Children and for her sole & seperate use and benefit I give & devise to my son William my negroes Edmond and Sam the son of E[d]mond I give & devise to my Grand sons William Cain William R Southerland and William Cain Davis each a negro boy not exceeding ten years old - All the rest of my Slaves not before given or devised I give and bequeath to my son William Cain my son-in-law Willie P Mangum [Will Book Volume E, page 326] My Daughter Polly Southerland and my son William intrust for my Daughter Ann Davis and her Children to be equally divided between them Share & Share alike - But in said division the said Willie P Mangum Shall account for the Slaves herein before bequeath[ed] to him in manner as before directed and required & in case of the death of my Daughter Charity - Mangum before my death without leaving Issue liveing at the time of my death then I revoke the devises bequest of real Estate herein & hereby made to the said Willie P. M -angum and in case of his death as aforesaid and her leaving b[e]queath such issue of my said daughter Charity all the reall estate herein and hereby given & devised to the said Willie P Mangum and my Daughter Charity and in case the said Willie P Mangum should die before I do and the said Charity should survive me then my Will is that she stand in the place of Willie ["P" x-out] ["Mangum" x-out] and take all the estate and property given and dev =vised to him - I give and devise to Eliza Moore (daughter of Phillip Moore) a Bureau one of those used by my deceased Daughter Martha - I declare all the Crops now growing at the time of my death to be personal property and to form part form part[sic] of the residue and for the purpose of finishing and carrying them to perfection my Executors are her[e]by directed and authorized to keep all necessary hands wagons teems & Tools - I direct my Executors to sell all the rest and residue of my Estate in such way and on such terms as they may deem proper and out of proceeds of such sale or sales and out of the monies on hand or due to me to pay my debts the pecuniary Legacyes hereby devised & all the charges and expenses of administration in the Execution of my will and the ballance remaining there after I give and bequeath to my son William Cain, Willie P Mangum Polly Southerland and ["Son" x-out] to my son William Intrust for the Sole & Separate use and benefit of my daughter Ann Davis and her Children to be divided equally between them Share & Share alike - Being desireus[sic] of making a competent provision for the Comfortable Support and Maintenance of my daughter Peggy Cain I Confide this trust to my son William Cain in full confidence that he will discharge it faithfully the more especially as in making provision for life I have had in order his providing for my said daughters support I therefore order and direct that my set son William shall in all things find Maintain and Support my said daughter Peggy Cain during her life in a decent and comfortable manner - I Declare this charge to be personal on the said William his heirs &c and not creating any lien on his Estate either at law or in Equity ["???" x-out] [Will Book Volume E, page 327] request my friend Duncan Cameron to make all the allotments and divisions that are directed in and buy the will to be made and I doe[sic] hereby i[n]vest him with full power to make the same I constitute and appoint the said Duncan Cameron and my son William Cain Executors to this my last will and I further declare that the sd. Duncan Cameron shall and may make the aforesaid Divisions and allotments whether he qualify Executor or not the same being intended by my[me] as a personal trust distinct from the Executorship - I do hereby expressly revoke all former Wills by me made - Given under my hand and seal this 14th December In the year of Our Lord 1827 William Cain senr. (seal) Signed Sealed published &c in presence of us the day & year above written Thos. D Bennahan Saml. Yarbrough Codicil North Carolina } Orange County } Whereas I William Cain Senr. did on or about the 14th day of December last past make and publish my last will and Testament in writing the Execution whereof is attested by Thos D Bennahan & Samuel Yarbrough subscribing witnesses there too and whereas in and by the said last will & testament I did (a mong other things) Give devise and bequeath to Willy P Mangum & Charity Mangum my Daughter wife of said Willie Certain Estate real and personal Reference being had to the said Will the same with the ["presumption" x-out] description and extent thereof will more fully and at large appear now I the said William Cain Senr. do have hereby revoke the devises and bequest to the said Willie P. Mangum and Charity Mangum his wife contained in the said last will and testament made and published by me as aforesaid and the place and stead devisees & bequest so as aforesaid made to the said Willie P Mangum & Charity his wife I give devise & bequeath all the estate real and personal in and by the said last Will & Testament devised and bequeathed to the said Willie P Mangum & Charity his wife in manner aforesaid to Dr James Webb & William Cain Junr. and the survivor of them their Heirs Executors & Administrators In- trust nevertheless to pay over the rents Issues and profits of the estate real & personal hereby devised to them their Heirs &c to the said Willie P Mangum & Charity his wife during their Joint lives and after the death of the said Charity divide the Estate and the Increase thereof hereby devisee to them among & between the Children of the said Charity living at the time of her death Equally Share & Share alike But Should the said Charity die without ["Issue" x-out] [Will Book Volume E, page 328] leaving issue living at the time of her death thin[then] it is my will that all the estate real and personal hereby devised to the said James Webb and William Cain Jr intrust as aforesaid Shall be equally divided among & between my other Children then living and increase of them on death or the death of any of them then to there[sic] Children respectively - And whereas I have become Jointly bound with William Cain Jr. to pay to the State Bank of North Carolina at Raleigh and at the Bank at Newbern at Raleigh the sum of three thousand Dollars for and on a account of the said Willy P Mangum now I do hereby charge the Estate herein & hereby devised to the said James Webb & William Cain Jr. Intrust for the purposes aforesaid with the payment of Fifteen Hundred - Dollars one half of the sum aforesaid to the Executors named in my Will aforesaid which said sum Shall go into the residium of my Estate and be divided and distributed according to directions of my said will - I declare this instrument to be a co[d]icil of my last will & Testament part herein contained as having been made and published by me in December last past and to be taken as a part of my last will & Testament - aforesaid as fully and efficiently as if this instrument was annexed to the said last will & Testament and I do hereby declare the said last will and Testament so by me made Executed and published in December last past in the presence of Samuel Yarborough and Thomas D. Bennahan and every part there- of (except the devises and bequests therein contained to the said Willy P Mangum and Charity his wife as aforesaid) to be in full force and faith the exception aforesaid together with this Codicil to be taken ["filed" x-out] held and considered in testimony of all which I have hereunto set my hand & seal this 5th day of July AD 1828 Signed Sealed published &c } in presence of us } William Cain Sr. (seal) Samuel Yarborough } Thos D Bennahan Codicil I hereby make this further Codicil to my last will and Testament aforesaid viz I hereby change the real & personal Estate devised to James Webb and William Cain Jr. intrust aforesaid with the payment of the further sum of six hundred Dollars with Interest from 1824 till paid to my daughter Polly Southerland being so much bound by her to the said Willy P Mangum Witness my hand & seal this 7th July 1828 [Will Book Volume E, page 329] Signed Sealed published &c in presence of us William Cain Sr. (seal) Samuel Yarborough Thos D Bennahan Orange County November term 1834 The Execution of the foregoing Last will and Testament of William Cain senr. decd. with the Codicils thereunto annexed was dually Recorded in open Court ["oath" erased] by the oath of T D Bennahan a subscribing witness thereto and ordered to be Recorded at the same time William Cain Jr. one of the Executors there assigned appeared in open court and Qualified accordingly - Test Additional Comments: Will Book Volume E, pages 324-329 Recorded Nov 1854 Estate Papers comprise 88 pages and are found in a folder labeled "Cain, William (1834)". A few that contain historical or genealogical information are transcribed below Note 1: Assuming that "Fillis" was a slave, perhaps a midwife for slaves? [Estate Papers - accounting of Negro Slaves Among Heirs] [Not dated] Davis Heirs Against Cain Executor & Trustee In this cause it is ordered that James Webb be appointed a commisioner to take an act[?] betwwen the parties and Devide The following Negro Slaves Among the Heirs To Wit Will 47 $600 { Lot No 1 $1000 Sylvia 41 400 { ----------- Violet 26 and three children $600 { Lot No 2 $1350 Anna 6 years old 350 { Lewis 4 250 { Louisa 1 150 { ----------- Buchn 52 450 { Lot No 3 850 Betsy 6 400 { ----------- Emely 22 & Child 800 Lot No 4 800 ----------- Ben 33 750 Lot No 5 750 ----------- Lewis 31 500 { Lot No 6 1100 Caty 25 & Child 600 { ----------- Attrason 24 800 No 7 800 ----------- Andrew 43 600 No 8 700 Jim 70 100 _________ 7350 9 Legatees each one entitled to Recieve $866.66 2/3 [Estate Papers - Undated medical bill] Mr Cain you will please to pay Dr Webbs Fillis[Note 1] for her attendance on Violet she visited her three times and delivered her of twins Tempe A Taylor one died immediately WC [Estate Papers - Undated medical bill - back] Mr W Cain Recept Mrs. A Davis & Children $3 [Estate Papers - Edward Davis Receipt 27 Sep 1839 ] Sept: 27th: 1839. recd. of William Cain, Executor of William Cain Senr. decd., twenty six hun= dred and fourteen Dollars & fifty cents ($2614:50) on account of the requests & legacies contained in the last will & Testament of his said Testator, to my wife Ann L. Davis & her Children - which I receive by virtue of my right of representation as Father & Administrator of my two decd. Children, Sarah and Lucy A. Davis - and by virtue of my marital rights as husband of the said Ann L. Davis - Witness Ed: Davis D. H. Mangum