Orange County NcArchives Wills.....Craig, David April 9, 1859 ************************************************ 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 397-398 Written: April 9, 1859 Recorded: Nov 1862 Testator: David Craig I David Craig of the County of Orange and State of North Carolina being of sound mind and memory but considering the uncertainty of life, do make and declare this my last will and testament in manner and form following - that is to say:~~ First ~~ That my executor (hereinafter named) shall provide for my body a decent burial and pay all funeral expenses together with my just debts, out of the moneys that may first come into his hands as a part or parcel of my estate ~~ Item ~~ I give and devise to my son Newton Craig his heirs and assigns forever, in trust for my son Willie F, Craig, but not subject to any debts he may contract one third part of all my lands To be laid off and set apart on the south East part of the tract adjoining the lands of Isaac Craig David Craig and others. If my said son W. F. Craig should marry and die leaving children born in wedlock then said land to them & their heirs. - It is my wish that my son Newton take possession of said land and any other property I may leave for the benefit of my son Willie as his trustee and guardian [blot out] [blot out] permitting him however to have the use and occupation of it, if he thinks it best~~ Item ~~ I give and ["bequeath to"] devise to my daughter Isabel Craig, her heirs and assigns forever, one third part of all my lands to be laid off and set apart to the North of that devised in the preceding clause and to include the homestead with its appurtenances, and also the meadow ~~ [page 2] Item I give and devise to my son Newton Craig, his heirs and assigns forever, the remain= =ing third of all my lands, including the dwelling house with its appurtenances in which he now lives ~~ And it is my wish and desire that my Executor choose, as soon as convenient three competent and disinterested men to lay off and allot the three shares above devised in accordance with the terms of this will consulting the convenience of the devisees in said division, and their allotment or the allotment of any two of them, to be binding on the parties ~~ Item ~~ My will and desire is that all the residue of my estate, shall be sold, and the debts owing to me collected, and if there should be any surplus after the payment of the debts and expenses, that said surplus shall be divided into three equal parts and paid to my three children Newton, Isabel and Willie share and share alike ~~ Willie's share to be paid to my son Newton as his trustee and guardian ~~ And lastly ~~ I do hereby constitute and appoint my son Newton Craig my lawful executor, to execute this my last will & testament according to the true intent & meaning of the same hereby revoking all other wills by me heretofore made ~~ In Witness whereof I the said David Craig do hereunto set my hand and seal this 9th day of April AD 1859 [page 3] Signed, sealed, published D. W. Craig (seal) and declared by the said David Craig to be his last will and testament in the presence of us, who at his request and in his presence do subscribe our name as Witnesses thereto ~~ Thomas R Cain Jurat C. G. Strayhorn Jurat [Will Book Volume G, page 397] I David Craig of the [x-out] County of Orange and State of North Carolina being of sound mind and memory but considering the uncertainty of life, do make and declare this my last will and Testament in manner and form following,. That is to Say ~~ First That my Executor hereinafter named shall provide for my body a decent burial and pay all funeral expenses together with my Just debts out of the monies that may first come into his hands as a part or parcel of my Estate Item I give and devise to my son Newton Craig his heirs and assigns forever in trust for my son Willie F. Craig but not subject to any debts he may contract one third part of all my lands to be laid off and set apart on the South east part of the tract adjoining the lands of Isaac Craig David Craig and others If my Said Son W. F. Craig should marry and die leaving children born in wedlock then said land to them & their heirs. It is my wish that my son Newton take possession of said land and any other property I may leave for the benefit of my Son Willie as his Trustee and Guardian permitting him however to have the use and occupation of it if he thinks it best Item I give and devise to my daughter Isabel Craig her heirs and assigns forever one third part of all my lands to be laid off and set apart to the north of that devised in the proceeding clause and to include the homestead with its appurtenances and also the meadow ~~ Item I give and devise to my Son Newton Craig his heirs and assigns forever the remaining third of all my lands including the dwelling house with its appurtenances in which he now lives and it is my wish and desire that my Executor choose as soon as convenient three competent and disinterested men to lay off and allot the three shears above devised in accordance with the terms of this Will consulting the convenience of the devisees in said division and their allotment or the allotment of any two of them to be binding on the parties [Will Book Volume G, page 398] Item My will and desire is that all the residue of my estate shall be Sold and the debts owing to me collected and if their[sic] should be any surplus after the payment of the debts and expenses, that said surplus Shall be divided into three equal parts and paid to my three children Newton Isabel and Willie, share & share alike Willies share to be paid to my son Newton as his trustee and guardian And lastly I do hereby constitute and appoint my son Newton Craig my Lawful Executor, to execute this my last Will & testament according to the true intent & meaning of the same hereby revoking all other wills by me heretofore made In Witness whereof I the said David Craig do hereunto Set my hand and seal this 9th day of April AD 1859 Signed sealed published and D. W. Craig (seal) declared by the said David Craig to be his last Will and testament in the presence of us who at his request and in his presence do subscribe our name as witnesses thereto Thomas R. Cain C. G. Strayhorn Orange County Court November Term 1862 The foregoing last will and testament of David Craig decd. was duly proved in open Court see minutes Additional Comments: Will Book Volume G, pages 397-398 Recorded Nov 1862 Estate Papers comprise 10 pages and are found in a folder labeled "Craig, David W (1863)". No family history found.