Orange County NcArchives Wills.....Clark, Peter S December 22, 1835 ************************************************ 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 Written: December 22, 1835 Testator: Peter S Clark In the name of God Amen I Peter S Clark of the County of Orange and State of North Carolina being of sound & perfect mind and memory (bless be God) do this 22nd day of - December in the year of our Lord one thousand eight hundred and thirty five mane and publish this my last will and testament in manner following that is to say. First I give ["and be-" x-out] ["queath" x-out] my body to the dust and my soul I commit to God who gave it 2nd I give & bequeath unto my Wife Susanna a certain Negro boy by the name of Green four years old also one horse call'd Henry one cow call'd Pol two choice fea- ther beds & furniture cupboard & ware one plow & gun also the house and plantation on which I now live provided my other property should pay my Just debts & If my other property do not satisfy then I wish to have sold that part of the plantation West of a pair of draw bars on the road leading to Woody's Ferry all the above nam'd property to remain hers unmolested during life If my other property and papers satisfy my debts If it should be necessary to sell some of the above name propert- ty to satisfy my creditors let the boy remain unmo lested 3rd I allow my Wife fifteen barrel of Corn the Wheat on hand & the salted pork and lard all my other property to be sold to pay my Just debts provi- ded there should be a surplus after my debts are paid it must return unto my Wife except fifty dollars which I allow to my Sister Elizabeth Weaver to be given to her ten dollars annually by my Executor or [page 2] Executrix. And I hereby make and appoint my worthey[sic] friend Jediah Smith of Guilford County and my Wife Susan- na executor and executrix of this my last will and testament In Witness whereof I the said Peter S Clark have to this my last Will and testament set my hand & seal the day and year above written P. S. Clark (seal) Sighned[sic] sealed and delivered in the presence of John Morrow Jurat Additional Comments: No will book copy found. Green was four years old when the will was written at the end of 1835, thus likely born in 1832 Jediah Smith in the will is written as Jedediah Smith in the estate papers. There is only one witness, and because of this, it was only proved for personal property. It was not sufficient to pass on the land to the intended legatees. For this reason, a jury was convened and they laid off the dower lands prescribed by law, and the remainder of the land was divided to the will's legatees per intestate law. Estate Papers comprise 35 pages and are found in a folder labeled "Clark, Peter S (1839)". These papers explain some of the unusual features of this will. It appears that the testator was not really sure that his personal property would pay all of his debts. It did not, and suit was brought by his creditor (and executor) to force the legatees to sell the land that they inherited to pay the testator's debts. The "negro boy Nelson" was seized and held by Jesse Durham in March of 1840. Jesse Durham had married the testator's widow Susanna. [Estate Papers - Petition by J Smith Nov 1841] North Carolina } Court of Pleas & quarter Orange County } Sessions To Novr Term 1841 To the worshipful the Justices of the Court of pleas and quarter sessions for the County and State aforesaid The petition of Jedediah Smith exec utor of the last will and testament of Peter Clark deceased against John Clark Ann Atkinson Sally Weatherly and Allen Weaver and Elizabeth his wife Humbly complaining sheweth unto your worships your petitioner aforesaid that in the year 1834 Peter S Clark his testator became justly indebted to him in the sum of eleven hundred and thirty seven dollars or thereabouts which was secured by bond bearing date in that year - That the said Peter S. Clark did in the latter part of the year 1835 of first of the year 1836 after having made and published a last will and testament duely executed to pass his personal estate but for the want of two subscribing witnesses not legally executed to pass his lands, which said last will and testament was duely prove- -d in the Court of pleas and quarter Sessions for the County aforesaid at February Term 1836 and your petitioner qualified as exec- utor thereof - Your petitioner further shews that he entered upon the discharge of his duties as executor of said will and took unto his cus- tody all the personal estate of the said Peter S. Clark with the exception of a negro boy and that about the 13th of October 1838 he entered a credit on the aforesaid bond for all the effects of the said Peter S Clark which had come into his hands and upon which he administered whereby the aforesaid bond was reduced to the sum of four hundred & twenty dollars which said sum with the interest accruing [Estate Papers - Petition by J Smith Nov 1841 page 2] since the 13th October 1838 is now justly due to your petitioner from the estate of the said Peter S Clark. - Your petitioner further shews unto your worships that one Jesse Durham who inter- married with the widow of Peter S Clark has to aforesaid negro in his possession which suit is not pending in the Superior Court of Orange County and if your petitioner shall succeed in said Court and obtain possession of the sd negro boy he will not be of value sufficient to pay and discharge the debt due from his intestate[?] to him and he knows of no other property subject to the payment of his debt without recourse is had to the real estate of the said Peter which has descended upon his heirs at law. You petitioner therefore prays your worships for a judgement[sic] and decree that he recovers his debt with the interest which has accrued thereon against the said Ann Atkins on and Sally Weatherly John Clark & Allen Weaver and Elizabeth his wife - that they be made parties defendants to this petition and that execution for the amt of your petitioners debt interest & costs due against the real estate of the said Peter S Clark descended upon the defendants aforesaid, -- Your petitioner further shews unto your worships that John Clark Ann Atkinson and Sally Weatherly are all inhabi- tants of the State of Indiana and he prays that publication be made for six weeks in the Hillsboro Recorder for the said John, Ann & Sally to appear at the next Term of this worship- full court to be held for the county of Orange on the 4th Monday of November next and that a copy of this petition & a summary issue to the difen- dants[sic] Allen Weaver & wife Elizabeth command- [Estate Papers - Petition by J Smith Nov 1841 page 3] ing them to appear on the same day there and there to plead answer or demure to this pe- tition and then and there to Stand to abide and perform the order Judgement and de- cree of this worshipfull Court in the premisis And your petitioner as in duty bound will ever pray &c Ralph Garret atto This case coming in to be heard upon the peti- tion &, the orders heretofore made in this case and it appearing to the court that publication hath been made for all the defendants residing beyond the jurisdictions of the court according to law - And it having been proved to the satisfaction of the court that Peter S. Clark did on the 29th day of July ["182" erased] 1834 execute his bond to the plaintiff Jedediah Smith for $1137 - at one day after date, upon which then was a payment on the 14 March 1835 of $100 and another payment 25 May 1838 of $866:54 leaving a balance now due and unpaid to said Smith of $507:08 and it further appearing to the satisfaction of the Court, that there is not personal property & effects belonging to said estate sufficient to satisfy said balance - It is therefore adjudged and decreed by the Court that the plaintiff have judgement for the said sum of $507:08 with interest upon $419:09 thereof which is principal money and that execution issued therefore against the lands which have descended ["forth" x-out] to the defendants from said Peter S. Clark deceased - And that the said ["v"? x-out] bond be filed in this Court.