Orange County NcArchives Wills.....Campbell, Catlett January 11, 1845 ************************************************ 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 F, pages 245-248 Written: January 11, 1845 Recorded: Feb 1845 Testator: Catlett Campbell I Catlett Campbell of the County of Orange and State of North Carolina, being of sound mind and disposing memory do make public and declare this to be my last will and testament - 1 In the first place I direct all my just debts to be paid, & for this purpose that my executors shall sell all of my lands their improvements and appurtenances, My negro woman Beccy and her two children James[Jenny? Jerry?] and Lewis, together with all my perishable property and effects and the proceeds of the sale added to the debts due to me will constitute a fund in my judgment amply sufficient to meet all of my engagements. 2 Having no immediate family of my own to take the rest of my negroes, fifteen in number, and it being im- practical to divide them among my nearest relatives without separating parents and children, I feel much anxiety about the disposition which I feel compelled to make of them. I do therefore most earnestly enjoin it upon my ex- ecutors to sell them to good & kind masters, of their own choice, who will purchase them for their own use, as it is my belief that they will be better off with good masters than in any other situation in which I can place them. And I do more especially wish that War- ter[?] & his wife Nancy and their nine children may be thus disposed of without being separated. And if it not a- gainst the laws of Virginia & the negroes should prefer it, it is my wish that they should be owned and permanently held by someone of my own Kindred in Virginia. It is my wish that my friend Dr James Webb should have the refusal of Frank the blacksmith at a fair price. 3 I will and direct that all the money arising from the sales of my estate as here directed (after the payment of my debts) together with all the rest and residue of my estate shall be divided into five equal parts. Of which sum I give and bequeath one fifth part to the children [page 2] of my deceased sister Mary Ann Burke, who may be living at the time of my death. One other fifth part thereof I give and bequeath to my sister Nancy Maleny[Maloney] and if she shall be dead at the time of my death then that por- tion to her then living children. One other fifth part thereof I will and bequeath to my sister Sally Turner and if she should not be living at the time of my death, then I give and bequeath this portion to her living children at my death And the other two fifths parts thereof I give and be- queath unto my nephew James Burke of Allegany County Virginia in trust one share of it for the sole and separate use of my sister Permelia Waugh during her natural life and at her death for the use & benefit of her living chil- dren, but during her life to be free from the control of her husband & not be liable for his debts or contracts. And the other share or fifth part to be held by him for the sole and separate use & benefit of my sister Judy McGin- nis during her natural life free from the control of her husband & of all liability for his debts or contracts and at her death for the use and benefit of her children who may survive her. And if any of my said sisters shall be dead at the time of my death without leaving any surviving children, then the share intended for her shall go to her living sisters, and the children of her deceased sisters such children taking the share of & representing their mothers. My intention being that my sisters and their children shall have the whole surplus of my estate after the payment of debts & the costs of administration. 4th There are now living I think seven negroes, viz., Dicy, & Emilines two children, and Harriet and her three children who were willed by the late Dr John Umstead to my friend Thom as D. Bennehan and myself to be liberated; at the time of his death that could not be affected; perhaps under the present laws of the state upon that subject, it may be done; and I do most earnestly entreat Mr. Bennehan (if in his power) to per- [page 3] form the trust thus confided to us, by our mutual friend and I give to my executors full power to release any interest which I may have in said negroes or their increase present & fu- ture to Mr. Bennehan, to enable him to accomplish this purpose, if such release is necessary - or to sell or convey them to any other person or persons for a nominal price for the purpose of effec- ting their freedom. As I do not desire that they should ever be considered any part of my estate. 5th If any of my executors shall fail to qualify or act it is my will and intention, that the acting executor shall sell & convey my property according to the provisions of my will & that such sales shall be private or public, for cash or a credit, as under existing circumstances may be deemed best. 6th I appoint my nephew James Burke, and my friends, John U. Kirkland, Osmond F Long, and John W. Norwood executors of this my last will & testament. Hereby revoking all other wills made by me. Witness my hand & seal this the 11th day of Jan- uary 1845 Signed Sealed published and declared in the presence C. Campbell (seal) of Jos. C Norwood } Thos N Burke } Wm Ward } Jurat [Will Book Volume F, page 245] I Catlett Campbell of the County of Orange & State of North Carolina being of sound mind & disposing memory do make public & declare this to be my last will & Testament 1. In the first place I direct all my Just debts to be paid & for this purpose that my executors shall sell all of my lands their improvements & appertenances My negro woman Beccy & her two children Jerry & Lewis, together with all my perishable property & effects & the pro- -ceeds of the sale added to the debts due [to] me will constitute a fund in my Judgment amp- =ly sufficient to meet all of my engagements 2 Having no immediate family of my own to take the rest of my negroes fifteen in number & it being impracticable to divide them among my nearest relatives without separating parents & children, I feel much anxiety about the disposition which I feel compelled to make of them I do therefore most earnestly enjoin it upon my Executors to sell them to good [& kind] Masters of their own choice who will purchase them for their own use as it is my belief that they will be better off with good masters than in any other situation in which I can place them & I do more espetially[sic] wish that Warter[?] & his wife Nancy & their nine children may [Will Book Volume F, page 246] be thus disposed of without being separated & if it not against the laws of Virginia & the negroes shall [orig: should] prefer it it is my wish that they should be owned & permanently held by someone of my own Kindred in Virginia It is my wish that my friend Dr. James Webb should have the refusal of Frank the blacksmith at a fair price 3 I will & direct that all the money arrising from the sales of my estate as here directed (after the payment of my debts) together with all the rest & residue of my estate shall be di- -vided into five equal parts. Of which sum I give & bequeath one fifth part to the children of my deceased Sister Mary Ann Burke who may be living at the time of my death One other fifth part thereof I give & bequeath to my sister Nancy Maleny[Maloney] and if she shall be dead at the time of my death then that portion to her then living children One other fifth part thereof I will & bequeath to my sister Sally Turner & if She Should not be living at the time of my death then I give & bequeath this portion to her living children at my death And the other two fifths parts thereof I give & bequeath unto my nephew James Burke of Allegany County Virginia in trust one share of it for the Sole & Separate use of my Sister Permelia Waugh during her natural life & at her death for the use & benefit of her living children but during her life to be free from the Control of her husband & not be liable for his debts or contracts & the other Share or fifth part to be held by him for the sole & Separate use & benefit of my sister Judy McGinnis during her natural life free from the Control of her husband & of all liability for his debts or contracts & at her death for the use & benefit of her Children who may survive her And if any of my said Sisters shall be dead at the time of my death without leaving any surviving children then the share intended for her shall go to her living Sisters & the children of her deceased Sisters Such Children [Will Book Volume F, page 247] taking the share of & representing their mothers my intention being that my sisters & their children shall have the whole surplus of my estate after paying of debts & the costs of administration. 4th There are now living I think seven negroes (Viz) Dicy & Emilines two children & Harriet & her three children who were willed to[orig: by] the estate [orig: late] Dr John Umstead to my friend Thomas D. Bennehan & myself to be liberated at the time of his death that could not be effected perhaps under the present laws of the state upon that subject it may be done & I do most earnestly entreat Mr. Bennehan (if in his power) to perform the trust thus confided to us by our mutual friend And I give to my Executors full power to release any int- erest which I may have in said negroes or their in creas[e] present & future to Mr. Bennehan to enable him to accomplish this purpose if such release is necessary or to sell or convey them to any other person or persons for a nominal price for the purpose of effecting their freedom As I do not desire that they should ever be considered any part of my estate 5th If any of my executors shall fail to quallify or act it is my will & intention that the acting Executor shall sell & convey my property according to the pro -visions of my will & that such sales shall be public or private for cash or a credit as under existing circumstances may be deemed best 6th I appoint my Nephew James Burke & my friends John U. Kirkland Osmond F. Long, & John W. Norwood executors of this my last Will & Testament hereby revoking all other wills made by me ~~ Witness my hand & seal this [the] 11th day of January 1845 Signed Sealed published & declared in the presence of Jas C Norwood Catlet Campbell (seal) Thos N. Burke Wm. Ward [Will Book Volume F, page 248] Orange County February Term 1845 The Execution of the foregoing last Will & testament of Catlet Campbell deced was duly proved in open Court by the Oaths of Jos C. Norwood & William Ward & ordered to be recorded At the same time John W. Norwood one of the Executor quallified accordingly Additional Comments: Will Book Volume F, pages 245-248 Recorded Feb 1845 Estate Papers comprise 36 pages and are found in a folder labeled "Campbell, Catlett (1845)". [Estate Papers - Inventory, page 1] Inventory of the estate of Catlett Campbell deceased taken by his executor J. W. Norwood on the 27th of March 1845 the whole estate from his death to that day having been in the hands of his relative James Burke 5. Wurter Nancy Vernon Charles Mary Mar tha, James , Nathan, Beccy Buck, Bob, Allen Frank, Jerry (died 30 March not sold) Lewis, old Beccy. 6. Horses 12 Head of cattle 21 barrel 2 1/2 bushels of corn - 64 bushels of wheat, 1 Cubboard and gin, 1. Wheel, 1 big do, 4 empty cass & Rid- dle, 1 big Iron Pot, 1 Lot of mixtures trifles 1 Lot do... [misc belongings] [Estate Papers - Estate Sale] Account of the sale of Catlett Campbell's estate by J. W. Norwood his executor in the 27th of March (& a few things after that date) on a credit of 12 months - Hartford or Mill tract of Land 214 acres ------- George A Faucett $795.54 Turner Tract land one hundred acres --- William Ward 375.00 Lockhart tract 72 78/100 acres --- William H. Brown 224.67 Werter James Burke Va $216:00 Nancy Same 266.00 Vernon Same 491.00 Charles Same 485.00 Mary Same 385.00 Martha Same 308.00 James Same 303:00 Nathan Same 250.00 Beccy Same 175.00 Buck Same 150.00 Bob Same 100.00 Allen Same 325.00 Frank Richard Tabb 185.00 Beccy Thomas H. Hughes 125.00 Lewis[? Ink Smeared] Same 375.00 1 Cupborad & Cottin gin James Parks 2.00 1 little wheel C.C. Smith 1.40 1 big do C.C. Smith 1.10 4 Empty casks & riddle Dan? Thompson .28 [etc]