Orange County NcArchives Wills.....Capps, Cason November 2, 1833 ************************************************ 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 E, pages 308-309 Written: November 2, 1833 Recorded: Nov 1833 Testator: Cason Capps In the name of God! Amen! I Cason Capps of the County of Orange and State of North Carolina being of Sound and disposing Mind and Memory knowing that it is appointed that all should die do make and publish this my last Will and Testament to wit, In the first place it is my will and desire that my loving wife Mary Capps shall have all my land of which I die possessed (except such as shall hereafter be specially devised) during her natural Life - Also my Negro man Harry. two Cows and Calves one Bay Mare and one Grey mare all my Household and Kitchen Furniture and all my farming and working Tools - In the second place it is my will and desire that each of my Sons Robert and James shall have Ten acres of Land each so as to include their Houses where they now live and that they pay therefor a reasonable price and at a fair valuation - In the third place. I will and direct that after the death of my loving wife Mary Capps that all the property both real and personal shall be given to all My Children share and share alike except that part which ["would" x-out] of right would fall into the hands of Nelly McDaniel, Milly Canter and Mary Stout - These several portions, to wit. that which I leave to Nelly McDaniel I direct shall be held in Trust by my Executors hereafter to be named for the sole use of my Said Daughter Nelly and her children - that the property which I leave to my Daughters Milly and Mary shall be held in Trust by my Executors to be hereafter named for the sole use of my Daughters Milly and Mary and their Children - And it is my special direction that none of the property willed to my said Daughters Nelly McDaniel Milly Canter and Mary Stout shall fall into the hands of Joseph McDaniel, Joseph Canter nor Lemuel Stout and that they shall have no Control over it, but that it shall go to the benefit of their wives and children ----- [page 2] In the fourth place having advanced Fifty Dollars to my son William now in the Western Country I direct that he shall be charged with the said sum and interest thereon which shall be deducted out of his part of my estate --- I direct that my Executors shall sell my Stud Horse for the best price they can get and also other property which can be best spared to discharge my just debts Lastly I nominate and appoint my two sons Robert and James my Executors to this my last will and Testament ---- Now having made this fair an equal distribution of all my worldly matters between all my children I earnestly hope they will be satisfied and have no wrangling after my death --- In Witness whereof I have hereunto set my hand and affixed my seal this 2d day of November 1833 ---- Signed seal[e]d & published his In presence of Cason (X) Capps (seal) James Moore Jurat mark Thomas Scott Exrs. qualified [Will Book Volume E, page 308] In the name of God Amen I Cason Capps of the County of Orange and State of North Carolina being of Sound and disposing mind and memory knowing that it is appointed that all Should die do make and publish this my last will and Testament (to wit) In the first place it is my will and desire that my living[loving] wife Mary Capps Shall have all my land of which I die possessed (except such as shall hereafter be Specially devised) during her natural Life Also my Negro man Harry two Cows and Calves one Bay Mare and one Grey Mare all my House hold and Kitchen Ferniture and all my farming and working Tools ~~ In the second place it is my Will and desire that each of my sons Robert and James Shall have ten acres of Land each so as to include their Houses where they now live and that they pay therefor a reasonable price and at a fair valuation In the third place I will and direct that after the death of my living[loving] wife Mary Capps that all the property both real and personal Shall be given to all my Children share and share alike except that part which of ["all" x-out] right would fall unto[into] the hands of Nelly McDaniel Milly Carter and Mary Stout these several portions (to wit) that which I leave to Nelly McDaniel I ["desire" x-out] direct Shall be held in trust by my Executors hereafter to be named for the sole [Will Book Volume E, page 309] use of my Said Daughter Nelly and her children that the property which I leave to my Daughters Milly and Mary shall be held in trust by my Executors to be hereafter named for the sole use of my Daughters Milly and Mary and their Children ~~ and it is my special direction that none of the property willed to my said Daughters Nelly McDaniel Milly Carter and Mary Stout shall fall into the hands of Joseph Mc Daniel, Joseph Carter nor Samuel[orig: Lemuel] Stout and that they shall have no Control over it but that it shall go to the benefit of their wives & children In the fourth place having advanced Fifty Dollars to my son William now in the Western Country I direct that he shall be charged with the sd sum and Interest thereon which Shall be ["detected" x-out] deducted out of his part of my Estate ~~~ ["Lastly I nominate and appoint my two" x-out] "sons" x-out] I direct that my Executors shall sell my Stud Horse for the [x-out] best price they can get and also other property which can be best [x-out] Spared to discharge my Just debts Lastly I nominate and appoint my two sons Richard [orig: Robert] and James my Executors to this my last will and Testament now living [orig: having] made this fair an Equal distribution of all my Worldly matters between all my Children I earnestly hope this [orig: they] will be satisfied and have no wrangling after my death In Witness whereof I have hereunto set my hand and affixed my seal this 2th day of November 1833 Signed sealed & publish[ed] Cason Capps (seal) In presence of James Moore Thomas Scott his mark Orange County November Term 1833 The Execution of the foregoing last Will and Testament of Cason Capps Decd. was duly proved in open Court by the Oath of James Moore a subscribing witness thereto and ordered to be Recorded at the same [time] the Executors therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 308-309 Recorded Nov 1833 Will book version does not have "his mark" on the testator's signature. The loose will includes this. Estate Papers comprise 10 pages and are found in a folder labeled "Capps, Cason (1833)". Inventory, taken 22 Nov 1833 lists "to nigor Boy", which appears to be the "Harry" named in the will. There is an undated ledger listing that Harry sold for $750, but it does not specify to whom he was sold.