Orange County NcArchives Wills.....Clapp, Barney October 10, 1838 ************************************************ 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 229-233 Written: October 10, 1838 Recorded: Nov 1844 Testator: Barney Clapp In the name of God Amen I Barney Clap of the County of Orange and State of North Carolina being of sound mind and memory do make this my last will and Testament, hereby revoking and disannulling all other wills by me heretofore made and do pronounce this to be my last will & Testament Recommending my soul to God who gave it And my body to be decently buried at the discretion of my family and neighbours - And for What worldly Goods it Hath pleased God to bestow on Me I give devise and bestow in the following Manner and form (to wit) I lend unto my beloved Wife part of the land I now live on bounded as follows Begin[n]ing at a stake on Beaver Creek formerly Thompsons line [x-out] [x-out] run[n]ing with Foglemans, Mays, and Whitsells lines to Jacob Mays corner on the Melton Branch then on the boundary of son Davids land to Bever Creek at two poplars, thence up said Creek as it Meanders to the mouth of my Spring Branch near the ford of the Creek thence up the said Spring Branch as it meanders untill you arrive to a line to be run near east & west Through the center of the Barn dividing the barn into Two equal parts reserving the south part to my son Emanuel and after run[n]ing west and south so as to include Two acres of Land for the use of a Mill yard to my son Emanual, the south line to Terminate at the Bank of Bever Creek thence up the same to the Beginning ["Containing" x-out] to have and to enjoy all the said Land (except fifty acres more or less to be described following below to be described[devised] to my daughter Polly) with all of the appertainances there unto belonging dureing her natural life (except one Half of my orchard and one Half of each of my little Meadows I reserve unto my son Emanuel the previledge[sic] of gathering one Half of the fruit and of mowing one Half of each of my meadows but not other previledge And after the death of my wife I give and bequath[sic] My said Land unto my son Emanuel to him and his Heirs forever at the price of Three Hundred Dollars [page 2] I further lend unto my beloved wife dureing her natural life all my household and kitchen furniture all my farming utensils my wagon and gear my stills & hoggsheads dutch fann Black Smiths Tools my Loom & Tacklens[sic] and I further lend her the use of all my negro slaves for her support dureing her natural life - It is my will and desire that whatever property my wife may not want for her use at any time to be sold at public sale the money to be distributed amongst those of my children who are behind in my previous advances begin[n]ing to my daughter Polly untell[sic] she is up with my daughter Peney John Lucys[Low?] wife &c--- I give or lend unto my daughter Polly fifty acres of Land more or less dureing her natural life Begin[n]ing... at a stake on the ridge road on the dividing ridge of Beaver Creek & Great Alamance running then North- west to the Metson[?] field so as to include the Spring known & called the Beckum Spring thence North-East to David Clap's line thence with his line South East to the said ridge thence to the beginning ...thence to the Begin[n]ing containing fifty acres more or less, the aforesaid Track of land I lent to my daughter Polly for a Home dureing her life being of unsound mind, that whenever her Brother refuses her a Home in my old House then and in the case her Guardian shall build a house on said Land convenient to the Beckhum spring for her residence if so advisable by her Guardian, and after her death I give and bequeath the said land unto my son Emanuel to him and his Heirs forever --- I further give unto my daughter Polly at my death such House hold & Kitchen furniture that my wife may think she needs and also a Horse saddle & Bridle and stock at its fair Valuation not exceed- -ing Two Hundred Dollars, and I also at my death or after sale & collection I give her should that much be raised or be on hand the sum of one Thousand Dollars to be up equal to one of her sisters John L[o]w & his wife &c [page 3] Item / I have advanced to my son John decd. one Hundred and fifty acres of Land one Horse saddle & Bridle at the Valuation I sett on them to him, at the sum of seven Hundred & Eighty five Dollars to be accounted for in the settlement of my estate, I have also advanced to my son Christian Clap Land & Horse the sum of seven Hundred and eighty five Dollars, to my son David Clap the sum of eight Hundred and eighty five Dollars in Land & Horse &c and I have also given my son Emanuel Clap the Land I own on the south side of Bever[sic] Creek and Two acres on the north side for a Mill yard with Half the Barn Includeing the Mills and appertainances thereunto belonging Horse &c at the price and sum of eight Hundred and eighty five Dollars to be accounted for at the final settlement of my estate --- Item I have advanced to each of my daughters the following sums to be accounted for at the final settlement of estate (to wit) George Clap & wife Barbara the sum of six Hundred Dollars in the following manner, Two Hundred Dollars in House =hold and Kitchen furniture & Horse saddle &c &c and four Hundred Dollars in money -------------- To Fredrich Scherer & wife Peggy the sum of five Hundred and sixty eight Dollars, House hold & Kitchen furniture Horse and Money like Barbara --- To John Low and wife Peney the sum of Twelve Hundred Dollars to wit, in one Horse Household & Kitchen furniture, Money, and one negro woman & child called Julia &c &c ---- To my daughter Ceaty[Caty?] Clap wife of Isaac Clap the sum of six Hundred Dollars -- To Sally Kime[?] only four Hundred Dollars, To John Low and wife Nelly the sum of six Hundred Dollars in the like manner with Barbara ----- All the above sums I have advanced to each of my children, to be accounted for at the fanal[final] settlement of my estate -------- [page 4] Item I have not advanced one cent to my daughter Polly who are[sic] of unsound mind at the first court at my death I want a Guardian appointed for her and as soon as my executors can make the money by sales or collection to pay over to her Guardian untel the sum arrives to the amount advanced to John Low and his wife Peney, and should Their[sic] be any money remaining to the daughters begin[n]ing at the eldest untell they all have the sum of Twelve Hundred Dollars each --- Item It is my will and desire that after the death of my wife that the Track of Land I pur- chased from Thompson be sold with all my estate retained to the use of my wife, money, and property, with three Hundred Dollars from my son Emanual for the Land of his mothers [???], to be charged to him - and a finall Division to be made of all my estate, amounts to my sons & daughters advanced in my life time, and the amount of sales and all other estate or money shall be equally divided amongst all my children share & share a like to them or to their Heirs for ever I nominate and appoint my sons David Clap and Emanuel Clap and John Low my son-in-law ---- Executors of this my last will and Testament - In Witness whereof I have Hereunto sett my hand and affixed my seal this 10th day of October A.D. 1838 --- Seigned sealed and } his Acknowledged before us } Barney (BC) Clapp (Seal) } mark Wm. Smith } Wm. Artz Jurat Michl. Holt [page 5] A Codicil to the foregoing Will I have in the foregoing will bequeathed unto my dau- ghters Polly a life estate in fifty acres of Land I do hereby revoke that bequest and in Lue[lieu] Thereof, I give unto my daughter Polly one negro boy Known and called Samuel or Sam, aged about seven years, to her and her Heirs forever Without Charge or price, over and above all the other Legatees, and I charge son Emanuel Clap after the death of my wife Two Hundred and fifty Dollars more for the right I give him for the immediate use of & right and Title to Polly's fifty acres, which I revoke - and for It to be more fully understood, I charge son Emanuel eight Hundred & eighty five Dollars for the Land I have Deeded & given him on the south side of Bever Creek and The Land whereon I now live on the north side of Bever Creek lo[a]ned to the use of my wife, at her death son Emanuel is charged five Hundred & fifty Dollars to be accounted for & charged in the final settlement of my estate In witness whereof I have Hereunto sett My hand and affixed my seal this 5th day of February A.D. 1842 ----- his signed sealed & Barney(BC) Clap (Seal) Acknowledged before mark Michl. Holt Edwin M. Holt, Junr. Jurat all exrs. qualified [Will Book Volume F, page 229] In the name of God Amen I Barney Clap of the County of Orange & State of North Carolina being of sound mind & memory do make this my last Will & Testament hereby revoking & disannulling all other will[s] by me heretofore maid[sic] & do pronounce this to be my last Will & Testament recommending my soul to God who gave it & my body to be decently buried at the discretion of my family & neighbours And for what worldly estate[goods] it hath pleased God to bestow on Me I give devise & bestow in the following manner & form (towit) I lend unto my beloved Wife part of the land I now live on bounded as follows beginning at a stake on Be[a]ver Creek formerly Thompsons line running with Foglemans Mays & Whitsell lines to Jacob Mays corner on the Milton Branch then on the boundary of son Davids land to Bever Creek at two poplers thence up said Creek so it meanders to the mouth of my Spring Branch near the ford of the Creek thence up the said Spring branch as it meanders until you arrive to a line to be run near east & west through the center of the barn dividing the barn into two equal parts reserving the south part to my son Emanuel & after running west & south so as to in clude two acres of land for the use of a mill yard to my son Emanual the south line to terminate at the Bank of Bever Creek thence up the same to the Beginning to have & to enjoy all the said land except fifty acres more or less to be described following below to be described[devised] to my daughter Polly with all of the appertainances there unto belonging during her natural life except one half of my orchard & one half of each of my little Meadows I reserve unto my son Emanuel the privilege of ["half of each" x-out] gathering one half of the fruit & of mowing one half of each of my my[sic] meadows but not other privilege & after the death [Will Book Volume F, page 230] of my wife I give & bequeath my said land unto my son Emanuel to him & his Heirs forever at the price of Three hundred dollars I further lend unto my beloved wife during her [natural] life time all my household & kitchen furniture all my farming utensils my waggon & gear my still[s] & Hoggsheads dutch fann Black Smith Tools my Loom & Tacklings & I further lend her the use of all my negro slaves for her support during her natural life - It is my will & desire that whatever property my wife may not want for her use at anytime to be sold at public sale the money to be distributed amongs[t] those of my Children who are behind in my pre- vious advances begin[n]ing to my daughter Polly untill[sic] she is up with my daughter Peney John Lucys wife & ~~ I give or lend unto my daughter Polly fifty acres of land more or less during her natural life Begin[n]ing... at a stake on the ridge road on the dividing ridge of Beaver Creek & Great Alamance running then North- west to the Metson[?] field so as to include the Spring known & called the Beckum Spring thence North-East to David Clap's line thence with his line South East to the said ridge thence to the beginning Containing fifty acres more or less the aforesaid tract of land I lend to my Daughter Polly for a home during her lifetime being of unsound mind that whenever her Brother refuses her a Home in my old house then & in the Case her guardian shall build a house on said Land convenient to the Beckum spring for [her] residence if so advisable by her guardians & after her death I give & bequeath the said land unto my son Emanuel to him & his heirs forever ~~ I further give unto my daughter Polly at my death such house- hold & Kitchen furniture that my wife may think she needs & also a horse saddle & bridle & stock at its fair valuation not exceeding two hundred dollars & I also at my death or after sale & collection I give her should that much be raised or be on hand the sum of one thousand dollars to be up equal to one of her sisters John Lul[Low] and his wife &c [Will Book Volume F, page 231] Item I have advanced to my son John decd. one hundred & fifty acres of land one horse saddle & bridle at the valuation I set on them to him at the sum of seven hundred & eighty five dollars to be accounted for in the settlement of my estate I have also advanced to my son Christian Clap the sum of seven Hundred & eighty five dollars in land & horses [passage in loose will, missing from will book version] to my son David Clap the sum of eight Hundred & eighty five Dollars in Land & Horse [end of missing passage] &c & I have also given my son Emanuel Clap the Land I own on the south side of Bever[sic] Creek & two acres on the north side for a mill yard with half the barn including the mills & appertainances thereunto belonging horses &[&c] at the price & sum of eight Hundred & eighty five dollars to be accounted for at the final settlement of my estate Item ~~ I have advanced to each of my daughters the following sums to be accounted for at the final settlement of estate (to wit) George Clap & wife Barb- -ara the sum of six hundred dollars in the following manner two hundred dollars in household & kitchen furniture & horse saddle &c &c And four hundred dollars in money to Fredrich Scherer & wife Peggy the sum of five hundred & sixty eight dollars household & Kitchen furniture horse & money like Barbara To John Lue[Low] & wife Peney the sum of twelve hundred dollars (to wit) in one horse household & Kitchen furniture money & one negro woman & Child Called Julia &c &c ~~~ To my daughter Ceaty[Caty?] Clap wife of Isaac Clap the Sum of six hundred Dollars ~~ To Sally Kime[?] only four hundred dollars To John Low & wife Nelly the sum of six hundred dollars in the like manner with Barbara all the above sums I have advanced to each of my Children to be accounted for at the final settlement of my estate Item I have not advanced one cent to my daughter Polly whare of[who are[sic]] unsound mind at the first course[orig: court] at my death I want a guardian appointed for her & as soon as my executor can make the money by sales or collection to pay over to her [Will Book Volume F, page 232] guardian until the sum arrives to the amount ad- -vanced to John Lue[Low] & his wife Penny & should Their[sic] be any money remaining to the daughters begin- -ning at the eldest untill they all have the sum of twelve hundred dollars each ~~~ Item It is my will & desire that after the death of my wife that the tract of land I purchased from Thompson be sold with all my estate retained to the use of my wife money & property with three hundred dollars from my son Emanual for the land of his mothers [???] to be charged to him & a finall division to be made of all my estate amounts to my sons & daughters advanced in my life time & the amount of sales & all other estate or money shall be equally divided amongst all my children share & share a like to them or to their heirs forever I nominate & appoint my sons David Clap & Emanuel Clap & John Low my son-in-law Executors of this my last Will & Testament In Witness whereof I have hereunto set my hand & affixed my seal this 10th day of October A.D. 1838 ~~~ Signed sealed & Acknowledged } his before us } Barney (X) Clapp (seal) mark Wm. Smith Wm. Artz Michl. Holt A Codicil to the foregoing Will I have in the foregoing will bequeathed unto my daughters Polly a life estate in fifty acres of land I do hereby revoke that bequest & in lieu there- -of I give unto my Daughter Polly one negro boy Known & called Samuel or Sam aged about seven years to her & her Heirs forever without Charge or price over & above all the other legatees & I charge son Emanuel Clap after the death of my wife two hundred & fifty dollars more for the right [Will Book Volume F, page 233] I gave him for the immediate use of [&] right & Title to Pollys fifty acres which I revoke & for it to be more fully understood I charge son Emanuel eight hundred & eighty five Dollars for the Land I have deeded & given him on the south side of Beever Creek & the Land whereon I now live on the north side of Beever Creek lo[a]ned to the use of my wife at her death son Emanuel is charged five hundred & fifty dollars to be accounted for & charged in the final settlement of my estate In witness whereof I have Hereunto set my hand & affixed my seal this 5th day of February A.D. 1842 } his Signed sealed & Acknowledged } Barney(X) Clap (Seal) before mark Michl. Holt Edwin M. Holt [Junr.] Orange County Nov Term 1844 The Execution of the foregoing last Will & testament of Barney Clap Decd. was duly proved in open Court by the oaths of Wm. Artz And Edwin M. Holt two of the subscribing Witnesses there to & ordered to be recorded At the same time David Clap Eman- uel Clap & John Low the Executors there in named appeared in open Court & qualified accordingly Test Additional Comments: Will Book Volume F, pages 229-233 Recorded Nov 1844 The will book copy doesn't shed light on the portions of the will that are indistinct. It seems the writer of the will book interpreted the original much as I did, so, not much gained in the comparison. Estate Papers comprise 33 pages and are found in a folder labeled "Clapp, Barney (1844)". Inventory taken 29 Nov 1844 includes: "thirteen Negro slaves" Codicil mentions "negro boy Known and called Samuel or Sam and about seven years [old]" in 1842, so born about 1835 [Estate Papers - Estate Sale 20 Aug 1845] List of Sale of the estate of Barney Clapp decd. Sold by the executor on the 19th & 20th of August 1845 on a credit of nine months ... [many sundry items skipped] Heire of negroes one month James Sutton Peter 5.10 Solomon Shaterley Louisa & Alfred 4.00 Catherine Clapp Anaky & Nancy 1.00 Daniel Albright Sibby 0.50 [Estate Papers - Estate Sale 25 Sep 1845] List of Sale of the estate of Barney Clapp decd. Sold at public Sale by the executors on the 25th & 26th of September 1845 on a credit of twelve months Daniel Graves Negro boy Peter 165 George Foust of Danl do Dence 424 Madison Smith Negro Girl Milly and Andy 586 Catharine Clapp do Louisa 490 Edmond Branock do Anaky & Nancy 381 Michael Albright do boy Simon 328 Edmond Brannock[sic] do girl Jinny 137 John Trolinger Alfred 225 Rankin Smith Sibby 326 [11 slaves listed here] [Estate Papers, Petition pertaining to Negro Slaves] State of North Carolina } County Court Orange County } August Term 1845 To the Worshipful the Justices of said Court - The petition of Emanuel Clapp David Clapp and John B. Law executors of Barna[sic] Clapp deceased late of Orange County Respectfully shews unto your worships that Barna Clapp late of Orange County depar- ted this live having a last will and testament in which among other thing he bequeathed certain negroes to his wife for life and after death to be sold and the proceeds (with other funds) to be divided among his children as named in said will. You petitioners shew that Judy Clapp the widow of the said Barna hath died since the last time of this Court leaving of the negroes so bequeath- ed to her the number of eleven, viz, Peter, Anarky, Dempsey, Louisa, Milly, Siby, Andy, Nancy, Alfred, Simon and Jenny Your petitioners pray that they may [x-out] by order & decree of this court sell the said ne- groes for the purposes aforesaid J. W. Winwood Atty [Estate Papers, Petition pertaining to Negro Slaves, back] This case coming in to be heard upon the petition It is ordered and adjudged by the Court that the petitioners (the exrs of Barna Clapp decd.) sell the negroes mentioned in the ["will" x-out] petition & any others if there be any others, so written - ["and the for" x-out] at the last residence of Barna Clapp deceased in Orange County on a credit of 12 months after twenty days public advertisement - & report to the next Court -