Orange County NcArchives Wills.....Carlton, Daniel July 15, 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 G, pages 139-141 Written: July 15, 1845 Recorded: May 1856 Testator: Daniel Carlton In the name of God Amen. I Daniel Carlton of the County of Orange and state of North Carolina do make ordain & declare this my last will and testament to be in the following manner and form (Viz) First, That all my Just debts & funeral Expenses be paid out of any moneys that may be on hand at the time of my Death or that may be raised or collected belonging to my Estate Second, I give & bequeath to my well beloved wife Ann Carlton all the remaining part of my Estate both real & personal after my Just debts shall have been paid, to have and to hold during her life time and then to be devided between Sarah Marcom, Wesley Carlton's then liveing children & the Legal representative's of such as may then be dead, Susannah Couche's then liveing children & the legal representative's of such as may then be dead, Margaret Marcom John D. Carlton, Henry T. Carlton, William D. Carlton and Ann Leigh, as follows, that Wesley Carlton,s then liveing Children & the legal Representatives of such as may then be dead be entitled their Fathers share of my Estate as in case he were alive, and that Susannah Couches then liveing Children and the legal representative's of such as may then be dead shall have their mothers portion of my Estate as in case she were alive. And further it is my will that those of my Children & Grand Children that have or may receive a legacy or portion of the property or Estate of the late John Daniel Decd and those that may not receive a portion of the Estat[e] of the late John Daniel Decd shall so share my Estate as will make the portion of all equal that the land whereon I now live be sold to the highest bidder together with all the Crop Stock and provisions of every kind that may be on [page 2] hand at the time of my wife's death and the proceeds of such sale be devided between the above named children so as to make the share of all equal including the property received from John Daniel as well as that received from my Estate as already included except the land of John D. Carlton that was Willed by the late John Daniel Decd which he is to have Extra and shall not be taken into consideration And further it is my will and desire that if any or either of the legatees named in this my last will and testament do make an attempt or try to break or do away [with] the same that he she or they be Cut off and have none of my Estate, and furthermore that the Executors to this my last will and testament shall not be bound or held accountable for any portion of my Estate until & after the death of my wife Ann Carlton. And lastly I do hereby appoint & Constitute John D. Carlton & William D. Carlton whole & Sole Executors of this my last will & testament in witness where of I set my hand fixed[sic] my seal this 15th day of July 1845 Assigned sealed and Delivered in presence of us Daniel Carlton (seal) S.W. Fowler Jas. N. Patterson Jurat Charles G Marcom Jurat Codicil I Daniel Carlton of the County of Orange and state of North Carolina, do make this Codicil to be taken as part of my last will and testament as follows, that is to say, whereas I have by said will given to my son Wesley Carlton & his legal represen tatives a portion or share of my estate to be equal to that of the rest of my children, Now I do hereby revoke & make void the said legacy to my gran[d]daughter Mesaline Boothe, & I do give and bequeath unto Anderson M Carlton & Levina Shepherd [page 3] the share or full portion of Wesley Carlton's Legacy in said Estate to be equally divided Between the said Anderson M. Carlton & Levina Shepherd or their legal representatives so as to make the share of each equal. In Witness whereof I have to this Codicil annexed my said will, sit[sic] my hand and seal the 21st of January 1847 Daniel Carlton (seal) Signed Sealed, published and De[c]lared by the said Daniel Carlton the testator in the presents of us Charles G Marcom Jurat James N. Patterson Jurat [Will Book Volume G, page 139] In the name of God Amen I Daniel Carlton of the County of Orange and State of North Carolina do make ordain & declare this my last will and testament to be in the following manner and form (Viz) First That all my Just debts & funneral Expenses be paid out of any monnies that may be on hand at the time of my Death or that may be raised or collected belonging to my Estate Second I give & bequeath to my well beloved wife Ann Carlton all the remaining part of my Estate both real & personal after my Just debts shall have been paid to have and to hold during her life time and then to be divided between Sarah Marcom, Wesley Carlton's then liveing Children & the legal representatives of such as may then be dead Susannah Couches then liveing Children & the legal representative of such as may then be dead. Margaret Marcum John D Carlton Henry T. Carlton William D. Carlton and Ann Leigh as follows that Wesley Carltons then liveing Children & the legal representatives of such as may then be dead be entitled their Fathers Share of my Estate as in case he were alive And that Susannah Couches then liveing Children and the legal representatives of such as may then be dead shall have their mothers portion of my estate as in case she were alive And further it is my will that those of my Children & Grand Children that have or may receive a legacy or portion of the property or Estate of the late John Daniel Decd. and those that may not receive a portion of the Estate of the late John Daniel decd shall so Share my Estate as will make the portion of all equal that the land whereon I now live be sold to the highest bidder together with all the Crop Stock and provisions [Will Book Volume G, page 140] of every kind that may be on hand at the time of my wife's death and the proceeds of such sale be divided between the above named Children so as to make the share of all equal including the property received from John Daniel as well as that received from my Estate as already included except the land of John D. Carlton that was Willed by the late John Daniel decd which he is to have Extra and shall not be taken into consideration And further it is my will and desire that if any or either of the legatees named in this my last will and testament to make an attempt or try to break or do away [with] the same that he she or they be cut off and have none of my Estate and furthermore that the Executors to this my last will and testament shall not be bound or held accountable for any portion of my Estate until & after the death of my wife Ann Carlton And lastly I do hereby appoint & Constitute John D Carlton & William D Carlton whole & sole Executors of this my last will & testament In Witness whereof I set my hand fixed[sic] my seal this 15th day of July 1845 Signed sealed and Daniel Carlton (seal) delivered in presence of us S W Fowler Jas. W. Patterson Charles G Marcom Codicil I Daniel Carlton of the County of Orange and State of North Carolina do make this Codicil to be taken as part of my last Will and testament as follows that is to say Whereas I have by said will given to my son Wesley Carlton & his legal representatives a portion or Share of my Estate to to[sic] be equal to that of the rest of my Children Now I do hereby revoke & make void the said legacy to my Gran[d]daughter Mesaline Boothe [Will Book Volume G, page 141] & I do give and bequeath unto Anderson M Carlton & Levina Shephard the share or full portion of Wesley Carltons Legacy in said Estate to be equally divided between the said Anderson M Carlton & Levina Shephard or their legal representa -tives so as to make the share of each equal In Witness whereof I have to this Codicil annexed my said will set my hand & seal the 21st of January 1847 Signed sealed published Daniel Carlton (seal) and declared by the said Daniel Carlton the testator in the presence of us Charles G Marcom James W Patterson Orange County Court May Term 1856 The Execution of the foregoing last will and Testament of Daniel Carlton deceased with the Codicil annexed was duly prove in Open Court by the oaths of Charles G Mangum and James W Patterson two of the subscribing Witnesses thereto and ordered to be recorded and at the same time John D. Carlton and William in open Court and qualified as such by taKeing the oath required by law Test Additional Comments: Will Book Volume G, pages 139-141 Recorded May 1856 Estate Papers comprise 44 pages and are found in a folder labeled "Carlton, Daniel (1856)". Although there are several mentions of negros in the expenses, none seem to be bequeathed or sold in the estate sale. No other family history found. Names mentioned were: 1849 Oct 20 By Cash pd Negro Stepen[sic] 0.70 1858 Nov 27 By Cash pd Carlton & Couch for supporting 200.00 negro man Stepen 1858 Nov 20 By cash pd Jno. D Carlton for Labour of Negro man Feny[Ferry?] from 1st Jam /45 to 1st Jany /56 534.00