Orange County NcArchives Wills.....Duke, Hardeman July 27, 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, Will Book Volume F, pages 35-37 Written: July 27, 1835 Recorded: Nov 1839 Testator: Hardeman Duke In the name of God Amen! I Hardeman Duke of the County of Orange & the State of North Carolina Knowing that it is appointed for all men to die, & being desirous of making a disposition of the estate which it has pleased God to bless me with. I make the following as my Will & testament. - First. It is my Will that my body be buried in a fit & decent manner, & that my funeral charges & all my just debts be first paid out of my estate. Secondly - It is my Will & desire & I hereby devise and bequeath to my trusty friends Willie P. Mangum and John Moize of the County & State aforesaid all my Estate real, personal & mixed including every thing belonging to me, subject to be devised or bequeathed to have & to hold the same in trust & upon the follow- -ing express conditions to them their heirs & Executors &c. to Wit - that the profits of my whole estate be in- -creased as much as can be conveniently & safely done by my trustees, & that the profits of the same be paid & given to the seperate[sic] use, maintenance, bene- -fit & behoof of my beloved daughter Betsey the wife of John Duke of the said County & State during her natural life and if the profits of my said estate shall be insufficient to support & maintain my said daughter decently, com- -fortably & according to the proper wants of one in her condition of life, that then & in that case, my trustees or either of them shall have power to use & appropriate so much of any part of my estate that they or he may deem best to give to my said daughter a comfortable & decent maintenance & support to her seperate use. ~ [page 2] It is further my will & desire that my said trustees shall as soon after my death as may be convenient, sell at public sale the whole of my personal & perishable property upon a credit of twelve month taking bonds with good security for the payment of the purchase money except my stud Colt which I desire to be sold on the Monday of some Court at Oxford after giving reasonable notice to the highest bidder upon a credit of one & two years in equal enstalments[sic], the second enstalment to bear interest from the end of one year after the sale & bonds & good security to be taken for the payment of the purchase money of the same It is my will & desire that my said trustees & executors pay all my just debts out of the estate, & after the same is done, It is my will that all the balance & residue of my personal estate consisting of money, bonds, accts & all other matters shall be put at interest upon good & sufficient security, & that my land shall be rented out to the best advantage, care being taken to prevent the plantation from going to ruin, or being injured more than would reasonably be in the ordinary course of cultivation. - It is further my will & desire that my said daughter Betsey (for whose benefit & happiness & contentment I wish the whole of my estate to go,) after enjoying so much of it as shall be necessary for her comfortable & decent maintenance & for that part of her family, that may be regarded by the trustees, as so connected with her that their support is necessary to her comfortable & decent support. I say it is my will & desire that after such support being given My daughter Betsey whether married or single shall have full & complete [page 3] power, by a paper writing setting forth the same, signed by her, & testified by the Credible witnesses to give the whole of said estate to such person or persons as she may desire - & that the purposes & intents of my said daughter expressed in said paper Writing shall be good & available to convey good title to said estate in the same manner as if I had hereby conveyed & bequeath the same. - But in case my said daughter Betsey shall fail or omit to convey said estate as above mentioned. then It is my Will and desire that after her death, the same shall go to the children of said Betsey share & share alike in equal portions. But in case either of her children shall be dead at the time of my said daughter Betseys death leaving issue living at sd. Betseys death, then it is my desire that such issue shall receive the same portion, that the ancestor would have done if he or she had been living at the time of my said daughters death. I hereby appoint my friends Willie P. Mangum & John Moize to be the Executors of this my last will & testament Witness my hand & seal this the 27th day of July AD. 1835 & I hereby revoke & disannull all former wills & testaments. - Signed sealed & } published as my last will } & testament in presence of H. Duke (seal) Benjamin Hester Jurat Charity A. Mangum William P. Mangum [Will Book Volume F, page 35] In the name of God Amen! I Hardeman Duke of the County of Orange & the State of North Carolina Knowing that it is appointed for all men to die & being desirous of making a disposition of the estate which it has pleased God to bless me with I make the following as my Will & testament ~~~ First It is my Will that my body be buried in a fit & decent manner & that my funeral charges & all my Just debts be first paid out of my estate Secondly It is my Will & desire & I hereby devise and bequeath to my trusty friends Willie P. Mangum and John Moize of the County & State aforesaid all my Estate real personal & mixed including every thing belonging to me Subject to be devised or bequeathed to have & to hold the same in trust & upon the following express conditions to them their heirs & Executors &c. to Wit ~~ That the profits of my Whole estate be increased as much as can be conveniently [Will Book Volume F, page 36] and safely done by my trustees & that the profits of [?] the same be paid & given to the seperate[sic] use maintainnance benefit & behoof of my beloved daughter Betsey the wife of John Duke of the said County & State during her natural life and if the profits of my said estate Shall be insufficient to Support & maintain my said daughter decently Comfortably & according to the prop- =er wants of one in her Condition of life that then & in that case my trustees or either of them shall have power to use and appropriate so much of any part of my estate that they or he may deem best to give to my said daughter a comfortable & decent maintenance & Support to her seperate use. ~~~ It is further my Will & desire that my said trustees shall as soon after my death as may be convenient sell at public sale the whole of my personal & perishable property upon a credit of Twelve month takeing bonds with good security for the payment of the purchase money except my stud colt which I desire to be sold on the Monday of some Court at Oxford after giveing reasonable notice to the Highest bidder upon a credit of one and two years in equal enstal[l]ments the second enstal[l]ment to bear interest from the end of one year after the sale & bonds & good security to be taken for the payment of the purchase money of the same It is my will & desire that my said trustees & executors pay all my Just debts out of the estate & after the same is done It is my Will that all the balance & residue of my personal estate consisting of money bonds Accts & all other matters Shall be put at interest upon good & sufficient security & that my land shall be rented out to the best advantage care being taken to prevent the plantation from going to ruin or being injured more than would reasonably be in the ordinary course of Cultivation It is further my Will & desire that my said daughter Betsey (for whose benefit & happiness & Contentment I wish the whole of my estate to go) after enjoying so much of it as shall be necessary for her Comfortable & decent maintenance & for that part of her family that may be regarded by the trustees as so connected with her that their Support is necessary to her comfortable & decent support I say it is my Will & desire that after such support being given My daughter Betsey whether married or Single Shall have full & Complete power by a paper writing Setting forth the same signed by her & testified by the Credible [Will Book Volume F, page 37] Witnesses to give the whole of said estate to such person or persons as she may desire ~~ & that the purposes & intents of my said daughter expressed in said paper Writing shall be good & audible[orig: available] to convey good title to said estate in the same manner as if I had hereby conveyed & bequeath the same ~~~ But in case my said daughter Betsey Shall fail or omit to convey said estate as above mentioned then ~~~~ It is my Will & desire that after her death the same shall go to the Children of said Betsey Share & Share alike in equal portions. But in case either of her children shall be dead at the time of my said daughter Betseys death leaving issue living at sd. Betseys death then it is my desire that such issue Shall receive the same portion that the ancestor would have done if he or she had been living at the time of my said daughters death ~~~ I hereby appoint my friends Willie P. Mangum & John Moize to be the Executors of this my last Will & testament ~~~~ Witness my hand & seal this the 27th day of July AD 1835 & I hereby revoke & disannull all former Wills & Testaments. } Signed sealed & } Hardeman Duke (seal) published as my last will } & testament in presence of } Benjamin Hester Charity A. Mangum William P. Mangum Orange County November Term 1839 The Execution of the foregoing last Will and Testament of Hardeman Duke decd. was duly proved in open Court by the Oath of Benjamin Hester one of the subscribing Witnesses thereto and ordered to be recorded Test Additional Comments: Will Book Volume F, pages 35-37 Recorded Nov 1839. Estate Papers comprise three pages and are found in a folder labeled "Duke, H (1839)". This is the administrator's bond, 26 Nov 1839 appointing William Duke.