Orange County NcArchives Wills.....Caine, Hugh June 21, 1781 ************************************************ 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 A, pages 235-236 Written: June 21, 1781 Recorded: Nov 1781 Testator: Hugh Caine I Hugh Caine of the county of Orange and State of North Carolina, do make and ordain this my Testament and Last Will as follows viz. ---------------------- I will that all my just debts may be paid, as speedily as may be after my decease, by my Executor herein after named. I give my son William Caine my young dray mare, one Cow & calf, two Ewes & two lambs, and to his Heirs. I give and devise to my three sons Hugh, James & Allan, and to their respective heirs for ever, the land and plantation whereon I at present reside, to be equally divided amongst them share and share alike and provided they cannot agree upon a division amongst themselves, in that case my will is, that they shall chuse two or more honest and reputable men to divide & lay off the said land impartially in three equal parts, which division shall be binding on my said sons and each of them. I like wise give to my said Sons and their respective Heirs vizt. Hugh, James and Allan, Two feather Beds & furniture thereto belonging, & one large Iron pot, [x-out] [-------------entire line crossed out-------------] with all my Household furniture, utensils of Husbandry, stock of cattle, [page 2] stock of Cattle[sic], Hogs and Sheep (except what I have given to my son William Caine, and the legacies I have hereafter disposed of) to be equally divided amongst my said Sons Hugh, James & Allan, Share & Share alike I give to Said Son James Cain & his Heirs, one cow and Calf, & one Horse known by the name of The Tom Horse I give to my Daughter Ann Caine, one pewter dish, six pewter plates, one Feather Bed and furniture, two cows and caves[sic], two Ewes and two lambs, one Bay filly about two years old, one womans saddle and bridle, one Flax wheel, one pair Cotton Cards, one middle sized Iron pot, all her mother's, & her Sisters wearing apparel and one pine chest, to her and her Heirs for ever. I give to my cousin Elizabeth McKinley and her Heirs one black heifer with a white face about two years old. I give to my nephew John Caine, child of my son William, one brindled two years old heifer. I give to nephew James Caine, another child of my Son William, one young brindled sheep. I give to my niece Ann Caine, another child of my son William, one Cow and Calf. I give to my nieces Fanny & Margaret Caine, two Twins of my Son William, each one yearling Heifer. I give to my son Allan Caine and his Heirs one Sorrel mare. [page 3] I nominate and appoint my Sons William Caine and Hugh Caine, Executors of this my Testament and last will, and I do hereby revoke and disannul all and every former Will by me hereto fore made. In Witness where of I have hereunto set my hand & Seal this twenty first day of June in the year of our Lord Christ one thousand seven hundred and eighty one. 1781. Signed, Sealed, Published & declared | by the said Hugh Caine the Testator, | Hugh Caine (seal) as and for his Testament and last will | in the presence of us, who have at his | request set our names as witnesses, in | his presence, & in the presence of each other. | Moses Leathers | William Johnston | Jurats Hugh Cain Qualifd. as Exr. Orange County November Court 1781 The execution of the within will of Hugh Caine Deceased was duly proved in open Court by the oaths of Moses Leathers & William Leathers[sic] subscribing witnesses thereto & ordered to be Recorded. Test J J Benton CC [Will Book Volume A, page 235] I, Hugh Cain of the County of Orange and State of North Carolina, do make and Ordain this my Testament and Last Will as follows Viz. I Will that all my just Debts may be paid as speedily as may be after my decease by my Executor herein after named. I give my son William Cain my young Dray Mare, one Cow & Calf, two Ewes and two Lambs & to his Heirs. I give and devise to my three Sons Hugh, James & Allan and to their respective heirs forever, the Land and Plantation wheron I at present reside to be equally divided amongst them, share and share alike and provided they cannot agree upon a division amongst themselves, in that case My Will is that they shall chuse two or more honest and reputable Men to divide & lay off the said Land impartially in three equal parts which Division shall be binding on my said Sons and each of them I likewise give to my said sons and their respective Heirs viz... Hugh, James & Allan Two feather Beds & furniture therein belonging & one large Iron Pott, with all my house hold furniture utensils of Husbandry Stock of Cattle Hogs and Sheep (except what I have given to my son William Caine and the Legacies I have herafter disposed of) to be equally divided amongst my said Sons Hugh, James & Allan share and share alike. I give to said Son James Caine & his Heirs one Cow and Calf & one horse known by the name of The Tom Horse. [Will Book Volume A, page 236] I give to my Daughter Ann Cain, one Pewter Dish, six Pewter Plates one Feather Bed and Furniture, two Cows & Caves two Ewes & two Lambs, one bay Filly about two Years old one Womans Saddle and Bridle, one Flax Wheel one pair Cotton Cards one middle size Iron Pott all her Mothers & her Sisters wearing Apparel and one pine Chest, to Her and her Heirs forever. I give to my cousin Elizabeth McKinley and her Heirs one black Heifer with a White Face about two Years old. I give to my Nephew John Caine, a Child of my son William one brindled two Years old Heifer - I give to Nephew James Cain another Child of my Son William, one young Weather[?] Sheep. I give to my Niece Ann Caine, another Child of my Son William, one Cow & Calf. I give to my Nieces Fanny and Margaret Caine two Twins of my Son William, each one Yearlin Heifer. I give to my son Allan Caine and his Heirs one Sorrel Mare. I nominate and appoint my two Sons William Caine & Hugh Caine Executors of this my Testament and Last Will, and I do hereby revoke and disannul all and every former Will by me heretofore made. In Witness whereof I have hereunto set my Hand & Seal this Twenty first Day of June in the year of our Lord Christ One thousand Seven hundred and eighty one. 1781. Signed, Sealed, Published & Declared by the said Hugh Hugh Caine (seal) Caine the Testator, as and for his Testament and Last Will in [Will Book Volume A, page 237] the presence of us, who have | at his request set our names | as Witnesses in his presence | & in the Presence of each other. | Moses Leathers, William Johnston Orange County Nov Court 1781 The Execution of the within Will of Hugh Caine Decd was duly proved in open Court by the Oaths of Moses Leathers and William Johnson subscribing Witnesses thereto & ordered to be Recorded. Test J J Benton CC Additional Comments: Will Book Volume A, pages 235-236 Recorded Nov 1781 No estate papers found. There is a folder labeled "Cain, Hugh (1826)", however this seems to match the son of this testator, and it is for a Hugh Cain who died intestate.