Orange County NcArchives Wills.....Clifton, Josiah July 7, 1827 ************************************************ 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 155-156 Written: July 7, 1827 Recorded: Feb 1828 Testator: Josiah Clifton In the Name of God amen I Josiah Clifton of the County of Orange and State of North Carolina being in a low state of he[a]lth, but sound mind and memory, and not [k]nowing when it may ple[a]se God to call mee from time to eternity, doe ordain this to bee my las[t] will and testament in manner and form as follows --- first I Beque[a]th my sole[sic] unto the lord god almity that gave it secon[d]ly as to my worldly goods, - I Give and Bequeath unto My Beloved wife, Catron forty foure acres of land which came by her, and one Black Man by the name of Jack one fether bed and furniture, and her choice of my horses, bridle and saddle, two Cows and Calfs one Sow and pigs, half dozen knives and falks[forks?], one Pot two She[e]p, Plow and gere[gear], two pales and two tubes[tubs], two Chars, one table, one blue Chest, half dozen plates one dish, two Basons, one Club ax, one we[e]ding hoe one grub[b]ing hoe; twenty five barrels of Corn, ten bushels of whete, five hundred pounds of good Pork to her and her heirs for Ever--- thirdly I also lend to my Belove'd Wife Catron durein her lifetime or widowhood one hundred acres of land whereon I now live it being the first purchase; also one Negro Girl by the name of Pat, and at my Said wifes de[a]th or marriadge to return to my estate and bee dispose'd of as hereafter mentioned, - That is to say, I give and beque[a]the to the Child that my wife is now pragnant[sic] with if it lives the Said land lent to my wife [during] her lifetime or widowhood--- but if the Child dont live, My will and desire is that at my wife's deth or marriage that he said land bee devided betwe[e]n my three daughters namely Emely, Anney and Mehala; to them and there[sic] heirs for ever ---- fifthly I give and bequethe to my Son James K. Clifton one hundred acres of land (bee the same more or less,) that Joines the land lent to my wife, and one fetherbed and furniture one Rone filley by [the name of?] Mame, Saddle and bridle, to him and his heirs farever ----- [page 2] Sixthly. I give and bequethe to my three daughters Emely Anney and Mehala Cliftons[sic] one fe[a]therbed and furniture each to them and there[sic] heirs for ever --- Seventhly I give and bequethe to my son James K. Clifton and my three daughters, Emely, Anney and Mehala Cliftons, five negroes namely Ginney, Berry, Ruffin Eli and also Pat at my wifes deth or marriage My will is that at my deth the negroes shall be hired out untill my younges[t] daughter Mehala comes to the age of eighteen years old, then to bee devided betwen the foure mentioned children the negroes and thiere hire eighthly - My will and desire is that at my deth that the land that I have given to my son John J. Clifton and the land I have left to my son James K. Clifton and the five negroes bee val[u]ed at what they are then worth and the fourth part of the value of the negroes to bee counted to James K. Clifton, and that my son John J. Clifton bee made equal with my son James as respects land and negros (out of the money arising out of the sale of my prope[r]ty that I have not mentioned in this will which propi[r]ty I le[a]ve to bee Sold; and if thire is aney thing left after makeing them equal and paying my debts. My will and desire is that it bee devided betwen my son James K. Clifton and my thre[e] daughters that is mentioned a bove ---- lastly - I doe hereby Nominate and appount my frend Isaac Herby and my son John J. Clifton Executors to this my last will and testament in witness whereof I have affixed my hand and sell[sic] this seventh day of July one thousand eight hundred and twenty seven in presents of- John Moring Jurat Josiah Clifton (seal) William H. Lueter John J. Clifton qualifd. Exr. [Will Book Volume E, page 155] In the Name of God Amen ! I Josiah Clifton of the County of Orange & State of North Carolina being in a low state of health, but sound mind & memory and not knowing when it may please God to Call me from time to eternity, do ordain this to be my last Will and Testament in manner & form as follows ~~ First I be= queath my soul unto the Lord God Almighty that gave it ~~ Secondly as to my worldly Goods ~~ I give & bequeath unto my beloved wife, Catron forty four acres of Land, which came by her, & one black man by the name of Jack one feather bed & furniture & her choice of my horses, bridle & Saddle, two Cows & Calves one Sow & pigs, half dozen knives & forks, one pot two Sheep, plow & gear two pails & two tubs, two Chairs, one table, one blue Chest, half dozen plates One dish, two basins, one Club ax, one weeding-hoe, one grubbing hoe, twenty five barrels of Corn, ten bushels of wheat, five hundred pounds of good pork to her & her heirs forever ~~ Thirdly I also lend to my beloved Wife Catron during her life-time or Widowhood One hundred acres of Land whereon I now live it being the first purchase; also one negro Girl by the Name of Pat ~~ And at my Said wife's death or marriage to return to my Estate & be disposed of as hereafter mentioned, that is to say, I give & bequeath to the Child that my wife is now pregnant with, if it lives, the said land lent to my wife [during] her lifetime or widowhood, but if the Child don't live; My will & desire is that at my wife's death or marriage that he said land be divided between my three Daughters Namely Emily, Anny & Mahala, to them & their heirs forever Fifthly I give & bequeath to my Son James K. Clifton One hundred acres of Land (be the same more or less), that joins the land lent to my Wife, and one feather-bed & furniture, one roan filley by [the name of?] Mame, saddle & bridle, to him & his heirs forever ~~ Sixthly. I give and bequeath to my three daughters Emily Anny & Mihala Cliftons[sic] one feather bed & furniture each to them & their heirs forever ~~ Seventhly I give & bequeath to my son James K. Clifton & my three daughters Emily, Anny & Milaha Cliftons, five negroes namely Jinney, Berry Ruffin, Eli, and also Pat at my wifes death or marriage ~~ My will is that at my death the negroes shall be hired out until my youngest daughter Mehala Comes to the age of eighteen Years old then to be divided between the four mentioned children, the negroes & their hire ~~ 8thly My will and desire is that at my death that the land that I have given to my son John J Clifton and the land I have left to my son James K Clifton & the five Negroes be valued at what they are then worth & the fourth part of the value of the negroes to be Counted to James K. Clifton & that my Son John J. Clifton be made equal with my son James as respects lands & negroes out of the money arising out of the Sale of my property that I have not mentioned in this Will, which property I leave to be sold, And if there is any thing left after making them equal and paying my debts, my will & desire is that it be divided between my son James K. Clifton & my three daughters [Will Book Volume E, page 156] that is mentioned above ~~ Lastly I do nominate and appoint my friend Isaac Herby & my son John J. Clifton Executors to this my last Will & testament In Witness whereof I have affixed my hand & Seal this seventh day of July One thousand eight hundred & twenty Seven In presents of Josiah Clifton (seal) John Moring William H. Leuter Orange County February Term 1828 The Execution of the foregoing last Will & Testament of Josiah Clifton duly proved in open Court by the Oath of John Moring one of the subscribing Witnesses thereto & Ordered to be recorded ~~ At the Same time John J. Clifton one of the Executor named therein qualified accordingly Test Additional Comments: Will Book Volume E, pages 155-156 Recorded Feb 1828 Differences between original and will book: Anney Clifton -> Amey Clifton Estate Papers comprise 28 pages and are found in a folder labeled "Clifton, Josiah (1828)". James K. Clifton is James Kirby/Kerby Clifton. Acquilla Herndon was his guardian. John J. CLifton was guardian of Emilia, Ann and Mahala. [Estate papers - Inventory] An Inventory of Josiah Clifton's property taken this 4th day of January 1828 --------------------------- [4 pages of detailed sundry items] [last page] Given to the widow 44 acres of land 1 Negro man by the name of Jack ... [sundry items] Given to the 4 children James K. Clifton Emily Clifton Anna Clifton & Mehala Clifton 1 Negro woman by the name of Jinny one Negro Girls[sic] by the name of Pat Lent to the widow one Negro boy by the name of Berry one by the name of Ruffin one by the name of Eli To Jas. K. Clifton one Young Mare one feather bed & furniture & Bridle & Saddle Emily 1 bed and furniture Anna one bed & furniture Mahala one bed & furniture 100 acres of Land given to Jas. K. Clifton [...]