Orange County NcArchives Wills.....Duke, William Sr 1839 ************************************************ 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 139-142 Written: 1839 Recorded: Aug 1842 Testator: William Duke, Sr In the name of God, Amen I William Duke Senr. of the County of Orange and State of North Carolina, knowing that it is appointed for all men to die, and being now by the blessing of God in sound mind & memory, and being desirous of ma= king a disposition of such worldly substance as I possess; I hereby ordain the following as my last Will & Testament. To Wit. 1st I desire upon my death, to be buried in a decent & Christian manner, and that my funeral expences be paid out of my estate. ~~ 2nd. I hereby devise & bequeath to my son John Duke, the tract of land whereon my dwelling house stands, known by[as] the Robin Graves tract containing by estimation 200 acres, adjoining the lands of John Duke Jacob Cozart & others; also one negro girl or woman by the name of Mary to him & his heirs forever. 3rd. I devise & bequeath to my son William Duke, my negro fellow by the name of Jim or James to him & his heirs forever. 4th. I devise & bequeath to my daughter Polly Leath- ers, Wife of Moses Leathers, my negro woman called Hannah to her and her heirs forever. 5th. I give to my son Green Duke, the sum of one dollar and to the heirs of my deceased daughter Dicey Bobbitt, the sum of five dollars, to be divided equa= ly between them. 6th. I desire that all the residue of my estate, (consisting [page 2] of between three and four hundred acres of land; my stock of horses, cattle, hogs, & sheep & every species of property belonging to me) to be sold by my Executor (herein after named) and to be disposed of in the following manner. To Wit. I give & bequeath to my daughter Reny Magnum, wife of William Mangum the one fourth part of the proceeds of the sales of the afore- mentioned property; together with the one fourth part of all the money debts &c which may be on hand at the time of my death, to her & her heirs forever. I give & bequeath to my son William Duke, the one fourth part of the above named property (or the money arising from the sale of the same) together with the one fourth part of all the debts, money &c which may be on hand, to him & his heirs forever. I give & bequeath to my daughter Polly Leath- ers, wife of Moses Leathers, the one fourth part of the aforementioned property, cash debts &c to her & her heirs forever. I devise & bequeath to my son William Duke, the remaining fourth part of the proceeds of the sales of the above mentioned property, together with the remaining one fourth part of the debts, money &c. which may be on hand at the time of my death, to hold the same in Trust for the sole & separate use & maintenance of my daugh- ter Bedy Oakley, wife of Vincent Oakley, for & during her natural life, the profits of the same to be paid to her annually, or in any way which the said Trustee may deem and believe to be ---------------------- [page 3] most consistent and expedient for the maintenance of her and her children. And that after the death of my said daughter Bedy, the said property, or as much as may remain after supporting her & her children---, it is my will & desire may go to her children survi- ving her & the issue lawfully begotten of such of her children as may die in her life time, in the following manner, To Wit. Share & Share alike among her children surviving her, with a like share or shares to the issue of such child or children as may die in my said daughter's life time, so that the issue of said child or children may receive the amount that his or her or their parents would have received under this Will, had he, she, or they survived my daughter Bedy. -- I hereby appoint Ellison G. Mangum the Executor of this my last Will & Testament ["&" blotted out?] revoke all other Wills parts of Wills, and codicils that have heretofore been made & pub- lished by me. In testimony whereof, I have hereunto set my hand and affixed by seal, this 23rd day of January 1839. Signed, sealed, and } published in presence of } William Duke (seal) Jeff. Horner } Oxford Moize } Jurat Exr qualified [Will Book Volume F, page 139] In the name of God, Amen I William Duke Senr. of the County of Orange & State of North Carolina Knowing that it is appointed for all men to die and being now by the blessing of God in sound mind & memory and being desirous of making a disposition of such worldly substance as I possess I hereby ordain the following as my last Will & Testament to wit 1st I desire upon my death, to be buried in a decent & Crhistian[sic] manner & that my funeral expences be paid out of my estate. ~~~~~~~~~~~~~~~ [Will Book Volume F, page 140] 2nd I hereby devise & bequeath to my son John Duke the tract of land wher[e]on my dwelling house stands known by[as] the Robin Graves tract Containing by estimation 200 acres, adjoin- ing the lands of John Duke [x-out] Jacob Cozart & others also one negro girl, or woman by the name of Mary to him & his heirs forever ~~~~ 3d I devise & bequeath to my son William Duke my negro fellow by the name of Jim or James to him & his heirs forever 4th I devise & bequeath to my Daughter Polly Leathers Wife of Moses Leathers my negro woman Called Hannah to hir and her heirs forever 5th I give to my son Greeen[sic] Duke the sum of one dollar & to the heirs of my decd. daughter Dicey Bobbitt the sum of five dittars[dollars], to be divided equally between them 6th. I desire that all the residue of my estate (consisting of between three and four hundred acres of land my stock of horses, Cattle, hogs, & sheep & every species of property belonging to me) to be sold by my Executor herein after named and to be disposed of in the following manner to wit I give & bequeath to my Daughters Reny Magnum wife of William Mangum the one fourth part of the proceeds of the sales of the afore mentioned property to gether with to gether with[sic] [the] one fourth part of all the money debts &c which may be on hand at the time of my death to hir & hir heirs forever ~~ I give & bequeath to my son William Duke the one fourth part of the above named property (or the money arising from the sale of the same) together with the one fourth part of all the debts money &c which may be on hand to him & his heirs forever ~~~ I give & bequeath to my Daughter Polly Leathers wife of Moses Leathers the one fourth part of the aforementioned property, cash, debt[s], &c to hir & hir heirs forever ~~~~ I devise & bequeath to my son William Duke the remaining ~~~~ [Will Book Volume F, page 141] fourth part of the proceeds of [the sales of] the above mention- ed property to-gether with the remaining one fourth part of the debts money &c. which may be on hand at the time of my death to hold the same to hold the same[sic] in Trust for the [sole] & separate use & maintenance of my Daughter Bedy Oakley wife of Vincent Oakley, for & during her natural life the profits of the same to be paid to her annually or in any way which the said Trustee may deem ~~ and believe to be most consistent & expedient for the maintenance of her and her children And that after the death of my said Daughter Bedy the said property or as much as may remain after supporting her & her children ~~~ it is my will & wish[desire] may go to her Children Surviving her & the issue lawfully begotten ~~~ of such of her children as may die in her life~~ time in the following manner towit Share & Share alike among her Children surviving her with a like share or shares to the issue of such Child or Children as may die in my said daughters lifetime so that the issue of said Child or Children may receive the amount that his or her or their parents would have received under this Will had he she or they survived my daughter Bedy. ~~~~ I hereby appoint Ellison G. Mangum the Executor of this my last Will & Testament & revoke all other Wills parts of Wills & Codicils that have heretofore been made & published by me In testimony whereof I have hereunto set my hand & affixed by seal this 23rd day of January 1839 Signed sealed & published in presence of Jeff Horner Oxford Moize William Duke (seal) Orange County August Term 1842 The execution of the foregoing last will ~~~ [Will Book Volume F, page 142] and Testament of William Duke Decd was duly proved in open Court by the oaths of Jeff Horner & Oxford Moize the subscribing witnesses thereto & ordered to be recorded At the same time Elison G. Mangum the Executor herein named appear[e]d in open Court & qualified Accordingly ~~ Test Additional Comments: Will Book Volume F, pages 139-142 Recorded Aug 1842. Signed in very shaky handwriting Estate Papers comprise 38 pages and are found in a folder labeled "Duke, William (1842)". [Estate Papers - Statement] William Duke a pensioner Died on Thursday the 11 August 1842, leaving no widow him surviving but the Six following children, to wit: Arianna, Beda, William, John, Green & Polly all of Lawful age.