Orange County NcArchives Wills.....Crabtree, Richard May 21, 1841 ************************************************ 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 433-438 Written: May 21, 1841 Recorded: May 1849 Testator: Richard Crabtree In the name of God Amen. I Richard Crabtree of the County of Orange and the state of North Carolina, being of sound mind but of Weak & infirm health, and knowing that it is ap- pointed for all men to die; & being desirous to make a disposition of my worldly estate at & after my death. To that end & for that purpose, I hereby make and publish this writing following, as my last will and testament, To Wit. I desire that all my just debts be paid - that they be paid out of the money on hand at my death, and out of the monies due to me & out of the personal property here -in after directed to be sold. - And if after exhaus- -ting the funds already mentioned a portion of my just debts, shall remain unpaid, it is my Will and desire that the residue of my debts shall be paid out of the rents & hires of my Mill & lands hereinafter directed. - It is my will and desire that my wife Parthenia shall have the Mashburn tract of land containing One hundred & sixty six & 3/4 acres for & during her natural life & no longer also two head of horses named Bob and Charles - two Milch Cows - and all my stock of hogs & sheep and household & Kitchen furniture for & during her natural life & The above devise & bequest to my wife Parthenia to be for her & the annual issues & profits to be to her use & for the maintenance of my younger Children by her to wit Clement, John, Lucy and Richard Crabtree - also I give my smallest still to my wife for the time & uses & purposes above stated also a side saddle to my wife. - In addition to the above named Children my son William is to have an equal interest & support. I give full liberty to my Wife to clear & cultivate & cut on the said Mashburn tract at her discretion and what she may choose. - In case my wife shall now be with child the said Child or children when born is or are to share equally with all my other children both in the fore -going bequests as those to follow. - It is further my Will & desire that my [page 2] Saw & Grist Mills and all my other lands be leased or rented out annually at the discretion of my Executors in such parcels as they may deem best the fences and orchards to be preserved & Kept in good order, until my youngest child attains the age of twenty one years. that the issues and profits of those rents & hires to be first applied to the payment of my just debts, if any shall remain unpaid, after applying the funds before named - And after my debts are paid, the said issues & profits of rents & hire of my lands, to be applied by my executors as follows towit a sufficiency annually for the maintenance & education of my children under age, to be judged of by my Executors, subject in case of excess to be corrected by the Courts. - and the residue of issues & profits to be accumulated & put to interest, well se- cured, until my youngest child come to full age - except in the cases of such of my children as shall be of full age, as to them & each of them, they & each of them shall annually, after my debts are paid & a sufficiency retained to support & educate my children who are minors, be entitled severally to have paid over to them their respective shares of the rents & profits, receipting for the same - And having respect to the number of my children living at each payment & those dead leaving lawful issue then surviving My will being that each shall receive an equal share that is living & the lawful issue of the dead to stand in the same plight that the parent would if then living. - & When the youngest child comes to age, it is my will, that All my lands be valued by dis -creet Men, say three, to be selected by my Exe- cutors or the parties and that the said lands shall shall[sic] be equally divided in fee simple among all my sons then living and the lawful issue of such of my sons as then may be dead to stand in the place of the deceased father & in the same plight as the father would, if then living, - But as to [page 3] the Mills, I do not desire them to be divided, but to remain & be held in Common among all my sons then living, & the issue of such as may then be dead Equally & share & share alike. - And upon the valuation of all my lands, it is my will & desire, that my sons keep the lands in fee & pay to each of my Daughters then living, & the law -ful issue of such as may then be dead, a sum of money in three annual instal[l]ments, so as to make the share of the estate which my daughters take equal to the share taken by my sons individually & respec- tively that is so say, so that the share of each & every of my children may be equal and that the sums to be paid by my sons to my daughters, stand as a lien upon the land & the land be bound for the same until paid. - It is my will that my wife come in for a childs part of any surplus that may accumulate from rents & hires & subject to division when my youngest child comes of age. - It is further my will that out of ["my" x-out] the rents & hires of my land, my Mills be kept in reasonable repair, & that my Executors pay a sufficiency for that purpose. - It is my will & desire that all my property, not herein bequeathed be sold by my Executors at twelve Months Credits & the proceeds applied to the payment of my debts. - + It is my will & desire, that my Executors have the house now raised on the Mashburn tract, put in rea- sonable finish & order for my wife to dwell in - & pay out of my estate a sufficiency for that purpose - As to my son William who is much afflicted, caused by an accidental injury, if his affliction continues so as to render him less able to take care of himself than otherwise he would have probably been in addition to what I have herein before given him, I desire him to have half a childs share more out of my estate - I desire to Green Bobbit my wife's son to have fifty dollars out my my estate to the paid when the said Green ["my youngest" x-out] ["child" x-out] comes of age, & one years schooling. [page 4] I hereby nominate & appoint Samuel Bumpass the Executor to this my last Will & testament, and I hereby revoke all former Wills & testaments & Codicils by me made - I hereby also appoint the said Samuel Bumpass & Willie P. Mangum testamen- tary Guardians to my children under age - to bind them to trades or otherwise, as they or either thinks best.- In testimony Whereof I have hereunto set my hand & affixed my seal this 21st day of May 1841 Signed sealed and published in presence of Richard Crabtree (seal) H. Parker Wm Vanhook In addition to the foregoing will I desire that each of my children who have been heretofore advanced shall render schedules & those advancements to go in as a portion of their parts respectively of my estate. - Signed, sealed & published in Richard Crabtree (seal) presence of H. Parker Wm Vanhook [page 5] A Codicil to my last Will & Testament, - signed, sealed & published on the 21st day of May A.D. 1841. - In the said Will, I provided that if my Wife were with child, the said Child or children should share as the others &c by reference to said pro -vision, the whole matter will more fully appear. - It turned out that my Wife was not then with child, but has since the pub- lication of said Will had a son named Arthur It is my Will and desire that my said son Arthur shall have of my estate an equal share with the other of my sons named in said Will & that his share shall be of the same property real & personal, without disturbing the pro- -visions of said will further than to allot to him his share, to be share & share alike with the other sons. - His support & education to be provided for, as for the other children named in said Will, & out of the funds therein indicated for that purpose. - It is further my will & desire that if any of my real estate shall be sold, or is necessary to be sold, to pay my debts, it may be the lands that I purchased from James Johnson on the east side of Flat River & that my Executors have right to sell the same & make title therefor Except as herein modified, I hereby Confirm every part & portion of said will. - Witness my hand & seal this the 13th of October AD. 1843 Signed, sealed & pub lished in presence of Richard Crabtree (Seal) H. Parker John Wilkins [page 6] The last Will & Testament and the Codicil annexed or enclosed of Richd Crabtree placed with H. Parker esqr for sake[sic] keeping & sealed W.P. Mangum [Will Book Volume F, page 433] In the name of God Amen. I Richard Crab= tree of the County of Orange and the State of North Carolina, being of sound mind, but of weak & infirm health; and knowing that it is appointed for all men to die; & being desirous to make a disposition of my worldly estate at & after my death, To that end & for that purpose, I hereby make & publish this writing following, as my last will & testament, to wit. I desire that all my Just debts be paid that they be paid out of the money on hand at my death, & out of the monies due to me, & out of the personal prop= erty, hereinafter directed to be sold. ~~ And if after exhau= sting the funds already mentioned, a portion of my Just debts, shall remain unpaid, it is my will and desire that the residue of my debts shall be paid out of the rents & hires of my mill & lands hereinafter directed.~~ It is my will & desire that my wife Parthenia shall have the Mashburn tract of land containing one hundred [Will Book Volume F, page 434] & sixty six & 3/4 acres for and during her natural life & no longer also two head of horses named Bob & Charles - two milch cows ~~ and all my stock of hogs & sheep, & household & Kitchen furniture for & during her natural life ~~ & the above devise & bequest to my wife Parthenia to be for her & the annual issues & profits to be to her use & for the maintenance of my younger Children by her to wit Clement, John, Lucy and Richard Crabtree ~~ Also I give my smallest still to my wife for the time & uses & purposes above stated ~~ also a side- saddle to my wife.~~ In additition[sic] to the above named Children my son William is to have an equal interest & support. I give full liberty to my Wife to clear & cultivate & cut on the said Mashburn tract, at her discretion and what she may choose~~ In case my wife shall now be with Child the said Child or Children when born is or are to share equally with all my other Children both in the foregoing bequests as those to follow~~ It is further my will & desire that my Saw & Grist Mills and all my other lands be leased or rented out annually at the discretion of my Executors in such parcels as they may deem best, the fences & orchards to be preserved & Kept in good order, until my youngest Child attains the age of twenty one years ~~ that the issues & profits of those rents & hires to be first applied to the payment of my Just debts, if any shall remain unpaid, after applying the funds before named And after my debts are paid, the said issues & profits of rents & hire of my lands, to be applied by my executors as follows to wit a sufficiency annually for the maintenance & education of my children under age, to be Judged of by my Executors, subject, in case of excess to be corrected by the Courts ~~~ And the residue of issues & profits to be accumulated & put to interest, well secured, until my youngest child come to ["age" x-out] full age ~~~ except in the cases of such of my Children as shall be of full age, as to them & each of them, they, & each of them shall annually, after my debts are paid & [Will Book Volume F, page 435] a sufficiency retained to support & educate my Children who are minors, be entitled severally to have paid over [to] them their respective shares of the rents & profits, receipting for the same ~~ And having respect to the number of my Children living at each payment & those dead leaving lawful issue then surviving, My will being that each shall receive an equal share that is living & the lawful issue of the dead to stand in the same plight that the parent would if then living. & when the youngest Child Comes to age, it is my will, that All my lands be valued by discreet men, say three to be selected by my Executors or the parties and that the said lands shall be equally divided in fee simple among all my sons then living and the lawful issue of such of my sons as then may be dead, to stand in the place of the deceased father & in the same plight as the father would, if then living But as to the mills I do not desire them to be divided, but to remain & be held in Common among all my sons then living, & the issue of such as may then be dead equally & share & share alike.~~~ And upon the valuation of all my lands, it is my will & desire, that my sons Keep the lands in fee & pay to each of my daughters then living, and the lawful issue of such as may then be dead a sum of money in three annual instal[l]= ments so as to make the share of the estate which my daughters take equal to the share taken by my sons individually & respectively, that is so say, so that the share of each & every of my Children may be equal, and that the sums to be paid by my sons to my daughters, stand as a lien upon the land & the land be bound for the same until paid. It is my will, that my wife Come in for a child's part of any surplus that may accumulate from rents & hires & subject to division when my youngest child comes of age ~~~ It is further my will, that out of the rents & hires of my land, my mills be kept in reasonable repair, and that my Executors pay a sufficiency for that purpose It is my will & desire that all my property, not herein beq= ueathed be sold by my Executors at twelve months Credits & the proceeds applied to the payment of my debts ~~~ [Will Book Volume F, page 436] It is my will & desire that my Executors have the house now raised on the Mashburn tract, put in reasonable finish & order for my wife to dwell in & pay out of my estate a sufficiency for that purpose ~~ As to my son William who is much afflicted, caused by an accidental injury, if his affliction continues so as to render him less able to take care of himself than otherwise he would have probably been in addition to what I have herein before given him I desire him to have half a childs share more out of my estate I desire to Green Bobbit my wife's son to have fifty dollars out my my estate to the paid when [t]he said Green comes of age & one years schooling. I hereby nominate & appoint Samuel Bumpass the Executor to this my last will & testament, and I hereby revoke all former wills & testaments & Codi= cils by me made ~~~ I hereby also appoint the said Samuel Bumpass & Willie P. Mangum testamentary Guardians to my Children under age ~~~ to bind them to trades or otherwise as they or either thinks best.~~ In testimony Whereof I have hereunto set my hand & affixed my seal this 21st day of May 1841. Signed, sealed and Richard Crabtree (seal) published in presence of H. Parker Wm Vanhook In addition to the foregoing will I desire that each of my Children who have been heretofore adv= anced shall render schedules & those advance= ments to go in as a portion of their parts respectively of my estate.~~~ Signed, sealed & Richard Crabtree (seal) published in presence of H Parker Wm Vanhook [Will Book Volume F, page 437] A Codicil to my last will & testament, Signed, sealed & published on the 21st day of May AD 1841 In the said Will I provided that if my wife were with child, the said Child or Children should share as the others &c by reference to said provision the whole matter will more fully appear ~~~ It turned out that my wife was not then with Child but has since the publication of said will, had a son named Arthur It is my will & desire that my said son Arthur shall have of my estate an equal share with the other of my sons named in said Will & that his share shall be of the same property real & personal without dis= turbing the provisions of said will further than to allot to him his share, to be share & share alike with the other sons.~~~ His support & education to be provided for as for the other Children named in said will & out of the funds therein indicated for that purpose. It is further my will & desire that if any of my real estate should [orig: shall] be sold, or is necessary to be sold to pay my debts, it may be the lands that I purchased from James Johnston on the east side of Flat River & that my Executors have right to sell the same & make title therefor ~~ Except as herein modified I hereby confirm every part & portion of said will Witness my hand & seal this the 13th of October AD 1843 Signed, sealed & Richard Crabtree (Seal) published in presence of H. Parker John Wilkins Orange County May Term 1849 The execution of the foregoing last will & testament with the Codicils thereto annexed of Richd. Crabtree decd. was duly proved in open Court by the oath of Harrision Par= ker one of the subscribing witnesses thereto & ordered to be Recorded ~~~ At the same time Saml. Bumpass the Exr. therein named renounced his right to qualify as such Whereupon Parthena Crabtree was appointed administratrix with the will annexed of the estate of the said Richd. Crabtree decd. [Will Book Volume F, page 438] and entered into bond in the sum of $1500 with Abner Parker & Nelson Rhew her sureties Test. Additional Comments: Will Book Volume F, pages 433-438 Recorded May 1849 Testator's wife is listed as "Parthenia" in the will but elsewhere as "Parthena". Note 1: de bonis non: relating to the goods of a decedent that are not yet administered Estate Papers comprise 205 pages and are found in a folder labeled "Crabtree, RIchard (1849)". Per the testator's desires, Parthena Crabtree his widow who was also the administratrix sold the land on the Flat River to pay the debts of the estate. It was purchased on 8 Nov 1851 by Harrison Parker and Squire D. Umstead for $1150.00, which did not satisfy the debts owed, so two more tracts of land were sold. Parthena died about Nov 1857 before this estate was fully settled with Charles E. Russ appointed in her stead. Final distribution seems to have been made in Dec 1861 1850 North Carolina, Orange County, page 248B, HH 1483/1483 Parthenia Crabtree, 43f, Real Estate $1,670, born NC; Dewitt Crabtree, 20m, farmer, born NC; Clement Crabtree, 17m, farmer, born NC; John Crabtree, 15m, farmer, born NC; Lucy Crabtree, 14f, born NC; Richard Crabtree, 11m, born NC; Arthur Crabtree, 8m, born NC; Hill Crabtree, 4m, born NC. HH 1484/1484 Green Crabtree, 23m, farmer, Real Estate $500, born NC; Duriney Crabtree, 22m, farmer, born NC; Sarah Crabtree, 1f, born NC; Mary Waggoner, 50f, born NC; Rachael Waggoner, 45f, born NC; John Waggoner, 55m, born NC. [Estate Papers - Distributees/Heirs (undated)] draw Petition 166 Acres adjoining Frank Roberts Nelson Rhew & H. Parker [Illegible line of text] Wm. M. Latta & wife Sally } Thomas J. Latta & " Elizabeth } Moses Crabtree } First Wife's Susan Hopkins widow of Wm. H. } William Crabtree } ________________________ } Clement Crabtree John Crabtree Of Age Lucy Wife of Jesse James _____________________________ Richard Crabtree } Arthur Crabtree } under age no guardian Kemp H Crabtree } [Note: Nelson Rhew was later appointed guardian of the last three] [Estate Papers - Adjudication Spring 1858] North Carolina } Superior Court of Law Orange County } Spring Term 1859 The State upon the relation of William W. Latta Administrator debonas non[sic see Note 1] of Richard Crabtree decd. vs Charles E Russ Admr of Parthena Crabtree decd. Harrison Parker Admr of Abner Parker decd. & Nelson Rhew The undersigned to whom the case above named was referred at March Term 1859 to take an account of the administration of the estate of said Richard Crabtree by Parthena Crabtree deceased, having cause the parties to the suit aforesaid to be notified to appear before him at the office of the County Court Clerk upon the 4th day of November 1859 and having then and there considered the con- flicting claims of said parties begs leave to submit the following report. He find that the aforesaid Richard Crabtree died in the year 1849 and that his will was duly proved at May Term 1849 of Orange County Court that Samuel Bumpass & Willie P Mangum named as his Executors therein ["named" x-out] renounced their right to Qualify as such whereupon Parthena Crabtree widow of Said Richard was appointed Administratrix with the will annexed and entered into bond with Abner Parker & Nelson Rhew as sureties that at Fall Term of Orange Superior Court Said Administratrix filed a petition alledging[sic] that the personal [page 2] Estate of the said Richard & a tract of land -- divised for the purpose had been ex[h]austed in the payment of debts and there were still outstanding debts and charges of administration to the amount of $803.95 which rendered it necessary to sell a mill & Tract of land therein named, that Thomas J Latta & wife Elizabeth William Hopkins & wife Susan William Latta & wife Sally, William Crabtree Moses Crabtree Green Babbit and Abner Parker as Guardian of Clement John Richard Arther Kemp & Lucy Ann Crabtree who were the devisees & legatees under the Will of Said Richard Crabtree were duly made parties to said petition & that under the same such proceedings were had that at ______ Term ____ said land was sold at the price of $1150. The commissioner further reports that at February Term 1854 of Orange County Court Said Parthena field a Second petition against the devisees & legatees aforesaid excepting William Hopkins who [was] dead & aledging[sic] that the minors were without guardians in which it appears that other debts amounting in all to $375.00 & charges to the amount of $50 were due from the estate of said deceased making it necessary to sell two small tracts of land therein mentioned that the said devisees & legatees were duly made parties to said petition & such proceedings had thereon that _____ Term ______ an order of sale was made and the land sold for $331.40 The Commissioner further reports that in the inventory of Said Parthena filed in the Clerks office of Orange County Court at ______ Term ______ she is charged with having [page 3] Received from the personal estate of the said Richard and the land by him devised in order to pay debts the sum of $1219.04 by her various accounts current field at May Term 1851 November Term 1852 and Augt Term 1856 she is credited with $2975.20 of these credits the sum of $1012.59 is made up of charges against the minor children of said Richard for Board from 1849 to 1855 thereupon.. The sum of $85.54 in the account current of 1856 the sum of $12.00 in that of 1852 $42.60 & that of 1856 were unsupported by vouchers that in the accounts current of 1851 & 1852 the vouchers fell short in other items to the amount of $4.23 The Commissioner also reports that by the Will of Said Richard Crabtree It is provided that the rents issues & profits of the lands of the testator other than that devised to be sold as aforesaid should be applied to the support of his minor Children If therefore that matter were open and he things it is to his consideration the commissioner would submit that the credits claimed as above these should be rejected the items for board and those following amounting to $1156.96 which [w]ould leave the amount for credits properly ["Chang" x-out] Claimable $1818.23 and that ["and that" x-out] ,, So there was due from said Parthena at her death the difference betwixt that sum and the amounts with which she is charged (towit) $2700.45 being the value of the personal estate & the land sold as aforesaid if however the Commissioner has committed an error in going behind the proceedings had [page 4] in the petitions mentioned above by which ["by which" x-out] it appears that there was due from the estate of Richard Crabtree deceased in all debts and charges amounting to $2448.00 It also appearing to him that those interested in Said estate was made parties to said proceedings for which reason he has appended two account hereto and begs leave to report that if he is allows to go behind the ["Commissions" x-out] Petitions there is due from the estate of said Parthena Crabtree & from the other defendants as sureties to her administration bond the sum of $882.22 with Interest from 23rd November 1857 at which time letters of Administration was taken out by said Charles E Russ she hav ing died shortly before if however the ["that" x-out] parties are bound by the proceedings had on said petitions then and in that event the Commissioner report the sum of $252.45 to be due as above with Interest from said 23rd November 1857 The Commissioner appends hereunto a statement of the above matters in a more formal manner which he submits as part of this report Respectfully submitted Geo Laws Commissioner [page 5] Parthena Crabtree in account with the Estate of Richard Crabtree deceased To Amount of Personal estate of } $1219.05 deceased & land devised for sale } Land sold by order of the Superior Court 1150.00 Land sold by order of the County Court 331.40 __________ $2700.45 Cr as by account Current $2975.29 deduct items for board &c $1012.29 } Not Vouched 144 37 } 1156.96 1818 23 _____________________________ due Estate $882 22 The above is a Statement of which is due at death of Parthena Crabtree supposing it allowable to go behind the petitions if not The following is the correct account due as above ["debts confessed as due"] $2700.45 Debts Confessed due in the petition $2448.00 _______________________ due Estate as balance 252 45 upon which Interest is to be collected from the 23d November 1857 Since the above account was closed there has been Presented to the Commissioner by the Defendants several Claims purporting to be claims against the estate of Parthena Crabtree decd. and paid by her administrator the Commissioners has had said claims under ["his" x-out] Consid eration and rejected them all from the fact that he does not think they have anything to due[sic] with the above account [Note the above item, labeled "Adjudication Spring 1858", is transcribed here for the family history contained in it, and not the disposition of the estate.]