Orange County NcArchives Wills.....Dunnagan, William Sr 1799 ************************************************ 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 C, pages 135-136 Written: 1799 Recorded: May 1799 Testator: William Dunnagan, Sr In the name of God amen I William Dunnagan Senr. of Orange County & State of North Carolina Being in Perfect memory and Sound in mind But weak in Body, do Constitute and Ordain this my last will & Testament, In the first place I give the plantation whereon I now live to my Wife Sarah Dunnagan as long as shee[sic] Continues in her widow- -hood and life time, and the Girls unmarri[e]d to Continue with my wife as long as the[y] Continue Single, The main Road from my house to Wm. Cains to be the line Between my Son Wm. and Sherod, the tract Called Eckin's to belong to my son William Also, The tract that I now live on to belong to Ashby Dunnagan after my Wife's death or marriage and also the tract Called the Walker Tract, and also the tract Called the Dorset Tract of 325 Acres to be divided equally between the three Boys, except Fwenty[sic] five acres of it to belong to Peggy in the upper Corner of the Tract, also part of a Tract belonging to George Carrington William Dunnagan Sen & Charles Dunnagan Containing 400 Acres and Sherod is to have 133 1/3 acres of that which is my part, those of the Girls that are unmarried to Receive an Equal Proportion in Property with those that are married, and after that the Remainder to be sold at Publick sale and the money thence arising to be Equally Divided among them that is among all the Girlse[sic], my Desire is that my Wife may have full and Sole Command of all property belonging to me and all the house hold furniture as long as shee Continues in her Widowhood also I give my Daughter Peggy 1 horse Valued at 15£ & a Saddle worth 5£ and a Bridle worth 15/ all my Just Debts must be paid before there is any division made, I also appoint Ashby Dunnagan and William Dunnagan my Executors, Signed Sealed and delivered in } the presence of } William Dunagan (seal) Alex. McMullan hir Winneyfred ___ McMullan mark Both the Exrs qualify [Will Book Volume C, page 135] In the name of God amen I William Dunnagan Senr. of Orange County & State of North Carolina Being in perfect memory and sound in mind, but weak in Body, do Constitute & Ordain this my Last Will and Testament, In the first place I Give the plantation whereon I now Live to my Wife Sarah Dunnagan as long as she continues in her widowhood and lifetime, and the Girls un= =married to continue with my wife as long as they Continue single, The main Road from my house to Wm. Cains to be the Line between my son Wm. and Sherods the tract Called Eckins to belong to ["Ashby" x-out] ["Dunnagan" x-out] my son William also, the Tract I now live on to belong to Ashby Dunnagan after my wife's Death or marriage and also the tract called the Walker Tract and also the tract called the Dorset Tract of 325 Acres to be Divided Equally between the three Boys, except Twenty[sic] Five Acres of it to belong to Peggy in the upper corner of the Tract, also part of a Tract belonging to George Car= =rington, William Dunnagan Senr & Charles Dunnagan Containing 400 Acres and Sherod [is] to have 133 1/3 Acres of that which is my part, those of the Girls that are unmarried to receive an Equal ["part" x-out] portion in property with those that are married, and after that the remainder to be sold at publick sale and the money thence arising to be Equally Divided among them that is, among all the Girls, my Desire is that ["all" x-out] my wife may have full and sole Command of all property belonging to me and all the Household furniture as long as she Continues in her Widowhood also I Give my Daughter Peggy 1 Horse Valued at 15£ & a Bridle worth 15/ and a Saddle worth £5 All my Just Debts must be paid before there is any Division made, I also appoint Ashby Dunnagan and William Dunnagan my Executors ~~~~ Signed, Sealed & delivered in presence of } Alexr. McMullan William Dunagan (seal) her Winnifred (__) McMullan mark [Will Book Volume C, page 136] Orange County May Term 1799 The Execution of the foregoing Last Will and Testament of William Dunnagan deceased was duly proved in open Curt by the Oaths of Alexander McMullan & Winnifred McMullan subscribing Witnesses thereunto and Ordered to be Recorded ~~~~ at the same time Ashby Dunnagan & William Dunnagan Executors therein named qualified accordingly ~~~ ~~~~ Test Additional Comments: Will Book Volume C, pages 135-136 Recorded May 1799 There are two copies of this will in the archives. The copy transcribed above appears to bear the original signatures. "Ashby" may be "Ashley" "15/" is 15 shillings. Estate Papers comprise 81 pages and are found in a folder labeled "Dunnagan, William (1818)". Despite the gap between when the will was probated and the date on this folder, this is the same estate. Testator "departed his this life on or about the 15th day of November 1798". The testator's wife, Sarah states that she is "nearly seventy one years of age" in August of 1811. For those interested in this lineage, a careful reading of the material is suggested. For the most part, the family history contained within is transcribed below. [Estate Papers - Bill Of Complaint 27 Feb 1811] North Carolina } Orange County } In Equity To the Honorable the Judge of the Superior Court of Equity for said County; the Bill of Complaint if John Ray and Mary his Wife, John Rhew and Marg his Wife, Thomas Copley and Sarah his Wife; Gilbert Ainsley and Airy his Wife, Ben- jamin Brittain and Comfort his Wife; George Carring- ton and Sophia his Wife, which said Mary, Marga- ret, Sarah Airy, Comfort and Sophia together with Nancy Dunnegan herein after named are the ["dau" x-out] daughters of William Dunnagan late of the County aforesaid, deceased --- Your orators and oratrixes shew that the said William Dunnagan depart- ed this life in about the year ______ having made and published his last Will & Testament in writing of record in Orange County Court, ready to be pro- duced upon Required, a ????, and where by among other things, / in substance/ he devised to his wife Sa- rah during her life or widowhood the following Viz: two Negroes Cesar and Dover; together with all his stock of Horses, Cattle, Sheep Hogs, Household and Kitchen furniture, plantation utensils, &c to be used by her during the life or widowhood of the said Sarah, and afterword to be equally divided amongst your Oratrixes and the said Nancy Dunnegan his daughters -- Your Ora- tors and Oratrixes further shew that after the death of their father the said William, their Mo- there the said Sarah took [x-out] into her possession the aforesaid Negroes, stock of all kinds, Household and Kitchen furniture, plantation utensils, &c-- and that the said property was valued and appraised by competent persons duly appoint for that purpose at the time the said Sarah took the same into her possession at the Sum of One thousand, three Hundred pounds --- Your Orators and Oratrixes further shew [page 2] that it was not necessary to sell or dispose of any part of the said property, (the use whereof was claimed to the said Sarah during her life or Widowhood) for the pur- pose of discharging debts; the Estate being entirely clear of debt or encumbrances of any Kind -- Your Orators and Oratrixes now particularly charge, that the sd. Sarah Dunnegan in combination with, and by the assistances of the said Nancy Dunnagan, who lives with her, has committed and doing, and is continually committing and doing great and ruinous hurt in and of the property the use whereof She is entitled to in manner aforesaid, to the utter destruction thereof and highly prejudiced to the rights of Your Orators & Oratrixes under the Will of aforesaid; more particularly they charge that the said Sarah in combination with and by the assistance of her confederate that said Nancy Dunnagan, hath sold and disposed of a va- luable waggon belonging to said Estate - hath sold and ????? away the most valuable of the Horses belonging thereto, and converted the proceeds of the same to their own use --- That for the purpose of exhausting the said property , and defeating your Orators and Oratrixes just rights thereto as far as they possibly can - the said Sarah hath granted several voluntary Notes, without any lawful or valid consideration, to the said Nancy Dunnagan for divers large sums of Money - on which said pretended and fraudulent Notes, the said Sarah hath confessed Judgments; on which Executions have issued and been levied on the property aforesaid or a part thereof and the said Nancy hath received the Money arising from the sale of the said property by the fraudulent connivance and with the assistance of the said Sarah - Your Orators and Oratrixes further shew and charge that by the fraudulent and inequitous means aforesaid, as well as by the use of others expediences equally so, the said Sarah [page 3] and Nancy Dunnagan have wasted more than half of property, whereof the said Sarah is entitled to have the use dur- ing her life or Widowhood - that they are continually wasting and destroying the same, and threatened to consume it in any way they can, for the express and avowed purpose of diverting any part thereof after the death of the said Sarah, coming to your Orators and Oratrixes; -- And Your Orators and Oratrixes verily believe that they the said Sarah and Nancy will certainly consume waste and destroy the whole of the said property, unless they are restrained by the interposition of this Honorable Court, which can alone arrest the Rapid progress they are daily making in the destruction thereof --- And for as much as your Orators and Oratrixes can have as remedy in the premises, save only in this Court whose powers they are advised and believe can preside and apply a fit remedy for wrongs done, and yet doing by the aforesaid Sarah and Nancy Dunnagan To the end therefore that the said Sarah & Nancy (whom your Orators and Oratrixes pray may be taken as defendants to this Bill) may be called to account for the waste and destruction committed to the said property - they they may be enjoined from committing further waste thereon or thereof -- and that they may on their corporal oaths, full, true, and perfect answer make to all and singular the matters herein set forth and charged, in as full and ample demurrer, as if the same were again repeated; and they thereunto specially interrogated --- more particularly that the said Sarah may set forth and discover, what and how much property she was entitled to the sue of during her life or widowhood by the last will and Testament of the said William - what the nature and value though at the time of same came to her hands and possessed of ? -- For many Houses - Cattle, Hogs, Sheep &c -- Waggons &c their value and how disposed of ? -- [page 4] How many Notes, Bonds or Obligations hath she granted to the said Nancy and for what Sums? -- Whether the same and not voluntary, and without any lawful or valid consideration? -- Whether Judgments have not been obtain- ed or the same in favour of the said Nancy Dunnegan by the confession of the said Sarah, or how obtained? -- whether Executions have not issued -- thereon, and been de- vised on some part of the property the use whereof she is entitled to as aforesaid; and whether the same or some part thereof hath not been actually sold to satisfy said fraudulent and pretended [x-out] Notes Judgments and Executions? And whether the said Nancy hath not received the Money arising [x-out] from such Sales and now much? --- That the said Nancy Dunna- gan may set forth and discover, what part of the said Estate hath come to her hands, use or possession; the na- ture and value there of? -- How many of the Houses [Horses] be longing to the said Estate, hath she received from her mother the said Sarah by pretended gifts or otherwise? and how many has she sold ????? or otherwise appropriated the her own use? How many Notes, Bonds or Obligations, hath the said Sarah executed to or for her use? And what the amount there of? Whether the same can not voluntary and without Consideration? Whether she hath not obtained Judgments whom by the confession of the said Sarah or otherwise? Whether any or what part of the Estate belonging to the said William Dunnegan, hath been sold the pay the same? -- How much Money hath she received by virtue of such Notes, Judgments and Executions? Your Orators and Oratrixes pray that the said Sarah and Nancy may be required & compelled to account for the value of the property which hath been wasted by them --- that they may be restrained and enjoined from committing or doing any other or further waste thereon -- that the ["y ?" x-out] said Sarah may be required to give ample Security for the safe-keep [page 5] [NB: This page is badly torn with a large part missing, but appears to be finishing up the Bill of Complaint and has no historical content] [Estate Papers - Answer by Sarah Dunnagan 20 Aug 1811] North Carolina } Orange County } In Equity The separate Answer of Sarah Dunagan to the Bill of Complaint of John Ray and Mary his wife, John Rhew and Margaret his Wife, Thomas Copley and Sarah his Wife, Gilbert Ansley and Airey his Wife, Benjamin Brittain and Comfort his Wife, and George Carrington and Sophia his Wife, against this Defendant and Nancy Dunagan This Defendant saving and reserving to herself now and at all times hereafter, all manner of benefit and advantage of exceptions to the uncertainties and insufficiencies in and of this said Bill of Complaint for answer thereto or unto so much thereof as she is advised is material for her to answer, She answering saith, it is true William Dunnagan her late Husband, in his lifetime, duly made and published, in writing, his last will and testament and departed his this life on or about the 15th day of November 1798, which said Will was soon afterwards duly proved in Orange County Court and committed to Record. But this Defendant denies that the tenor and effect of the said Will is as stated by the Complain =ants in their Bill. And saith that the property willed to her for life, was, and is subject in her hands to the payment of the Debts of the Testator; for he expressly provided by the Will that no division of the said property should be made amongst the Children until all his debts were paid. He also directed by his said Will that the Daughter[s] then unmarried should receive a portion equal in value to what those had received who were married, and that the remainder only should be divided; and he also charged the said property with a Legacy to Peggy, one of the Complainants, of a horse at £15, saddle £5 and Bridle 15/.: all of which will more fully and accurately appear by the Will, to a Copy thereof, this Defendant for greater certainty begs leave to refer --- [page 2] This Defendant further saith that at the death of the Testator Mary Ray and Margaret Rhew two of the Complainants and Nancy Dunnagan the other Defendant, were unmarried; and that she was advised, and believes, that they, by virtue of the Will, had a right to reside in her house, and to be maintained by the estate until they should marry and receive the portions bequeath to them as aforesaid and they did accordingly reside with her generally and were so maintained. This Defendant further saith that the Testator did upwards of twelve years ago, that she is now nearly seventy one years of age and during the last eight or nine years has been very inform, that she has no list or memorandum of the property which was delivered over to her by virtue of the bequest to her for life; and that she is, for these reasons, unable to render an account of the same. She admits, that at the time the property was delivered over to her by the Executors, a particular list was taken of it, which She supposes was correct, and was kept by the Executors or some of the parties Interested; and she refers to that paper as containing a list of her said property. This Defendant further saith that had the horses delivered over to her as aforesaid remained on the plantation till this time, they would have been of little or no value. But unportionality[?] several of of them, with others procured by Defendant, died within a few years after the Testator, without any mismanagement or neglect of the defendant. She swapped an old horse called John Dougles for a Roan Mare, the mare had two Colts and she died, being killed as was then supposed and the Defendant believes by the Groups; leaving one Colt only about three weeks old; which was raised with difficulty, by the constant care and attention of Nancy the other Defendant. She swapped another of the Horses, she was coming[?] for a sorrel mare, she died soon afterward with the [page 3] disease called the Yellow Water. And about the same time a Horse which she had purchased at the price of eighty five dollars, and a colt delivered over to her by the Executors, died of the same disease - This Defendant further saith that about nine years ago she lost, without her mismanagement or neglect, by the disease called the distemper, eighteen head of the best cattle she had, leaving her only two yearlings; that her sheep, as is usual in that part of the Country raised in the woods, and were attacked by the dogs and seventeen of them either killed, or so driven off that she could not obtain them again; leaving her only four; And that the first year after the death of the Testator, She lost about half the Stock of hogs with the distemper which usually attacks hogs in the fall season of the year --- This Defendant further saith that she, by reason of her infirmities, has been under the necessity of calling a Physician several times to her assistance, and consequently to pay considerable sums of money --- This Defendant further saith that George Carrington one of the Complainants reserved a Judgment for a debt due, as he alledged, to him from the Testator in his lifetime, for three pounds and upwards to which the property in the hands of this Defendant was liable; and also another Judgment against this Defendant for the sum of twenty pounds or thereabouts, due for necessaries and some things purchased for the unmarried Daughter; Executions issued on the said Judgments, and were levied on a Table, a Cubb[o]ard, a Bed and Bedstead, property of the estate, which articles were sold by the Constable and purchased by Nancy Dunnagan the other Defendant. This Defendant having no money to discharge the same. This Defendant admits that she sold a Horse to James Horton, but saith that she had purchased that horse herself, and that the money for that Horse has never been paid -- She also admits that she sold one of the nags delivered over to her, a blind mare, about ten or eleven years ago, for £22.10, and also [page 5] one Cow for £6, and saith that she has sold no more of the property to her recollection except the waggon mentioned in the Bill -- This Defendant denies that she has entered into combination with Nancy the other Defendant, or any other person, for the purpose, or with the intent of commit waste of the property so committed to her care; and that she ever threatened to do so within her recollection; but saith that she has at all times, and still doth, with the assistance of the said Nancey, manage the said property with all the industry, care, and skill she has been[?], and is capable of, and as she believes and hopes to prove with actual[?] care and skill -- This Defendant admits that she sold a waggon, part of the said property for £22.10, about three years after the death of the Testator; and saith that the same waggon had been running about twenty years before the death of the Testator, was nearly quite run down, although she had had it several times repaired, and s[h]ould[?] have been of little or no value then in Remainder. This Defendant further saith that John Ray & Mary his Wife, John Rhew and Peggy his Wife, Gilbert Ansley and Airey his Wife and Nancy Dunnegan, have respectively received the Article state in the schedule hereunto annexed, as delivered to them, of the property aforesaid, or of the profits thereof, and are chargeable with the same; and prays that the said Schedule may be taken as part of this her answer This Defendant further saith that before the Marriage of Peggy with John Rhew, Nancy the other Defendant had, by spinning, weaving and otherwise earned and received about thirty[?] eight dollars, and advanced it to the use of this Defendant; and [page 6] during her infirmness for the space of eight or nine years, and particularly the last three years, within which this Defendant was able to do very little for herself, and had no female slave, Nancy the other Defendant waited and attended on her, and did and performed, generally, the cooking and other household business; in consideration of which money and service this Defen dant did on the 18th day of June 1810 execute to the said Nancy two notes for twenty five pounds each payable two days after the date thereof, but no judgments have been obtained on the same to the knowledge of this Defendant, and she further saith that those are all the Notes she ever executed to the said Nancy Dunnagan This Defendant is advised and insists that if stock and other perishable property devised for life, dies or otherwise perishes during the life of tenant for life, the Tenant for life is not chargeable but the loss is to those in remainder; and that if the profits of property bequeathed to a widow for her maintenance and the maintenance of younger children is not sufficient to maintain therein the property itself may be applied to that purpose This Defendant denies all and all manner of unlawful ambition wherewith she stands charged, without that, that &c - and prays to be hence dismissed with her costs -- State of North Carolina } Orange County . . . } Sarah Dunnagan the Defendant maketh oath that the several matters and things state in this answer as of her own knowledge are true, and that she believes the residue of this answer is true -- Sworn to before me the 20th day of } her August 1811 } Sarah (X) Dunnegan John Latta J.P. } mark [pages of lists of sundries given by Sarah to legatees omitted]