ORANGE COUNTY, NC - WILLS - Catlett Campbell, 11 Jan 1845 ----¤¤¤¤---- Orange Co., North Carolina Wills, 1753-1968 CR.073.801.8 [WILL OF] Catlett Campbell, 1845 [Transcribed by James H. Maloney in Sept 2004 from copy provided by the North Carolina Archives; names of family members in capital letters] I Catlett Campbell of the County of Orange and Sate of North Carolina, being of sound mind and disposing memory do make publish and declare this to be my last will and testament - In the first place I direct all my just debts to be paid, & for this purpose that my executors shale sell all my lands, their improvements and appurtenances, my negro woman Beccy and her two children Jered and Sewy, 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 judgement amply sufficient to meet all of my engagements. Having no immediate family of my own to take the rest of my negroes, fifteen in number, and it being impracticable to divide them among my near relatives without separating parents and children, I feel much anxiety about the distribution 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. And I do more especially wish that Waran (sp?) & his wife Nancy and their nine children may be thus disposed of without being separated. And if it not against the laws of Virginia & the negroes should prefer it, it is my wish that they should be owned & permanently held by some one of my kindred in Virginia. It is my wish that my friend Dr. James Webb should have the refusal of Frank, a blacksmith at a fair price. 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 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 MALONY and if she shall be dead at the time of my death then that partion 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 bequeath unto my nephew JAMES BURKE of Allegany County, Virginia, in trust one part of it for the sole and separate use of my sister PAMELIA WAUGH during her natural life and at her death for the use and benefit of her living children, but during her life to be free from the control of her husband and to be liable for his debt 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 McGINNIS 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, & the children of her deceased sisters such children taking the share of and representing their mothers. My intention being that my sisters + & their children shall have the whole surplus of my estate after the payment of debts and costs of administration. 4th. There are now living I think seven negroes, viz, Dicy & Emiline, two children, and Harriet and her three children who were willed by the 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, and I 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 interest which I may have in said negroes or their increase present and future & 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 even 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 or executors shall sell & convey my property according to the provisions of my will & that such sales shall be private or public for cash or on a credit, as under existing circumstances may be deemed best. 6th. I appoint my nephew James Burke and my friends, John M. Kirkland, Osmond F. Long & John W. Norwood executors of this my last will and testament. Hereby revoking all other wills made by me. Witness my hand and seal this the 11th day of January 1845 Signed Sealed published & declared in the presence of Jos: C. Norwood ) Thos. N. Burk ) C. Campbell (Seal) Tom Ward ) ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: James Maloney maloney@maloneylaw.com ___________________________________________________________________