Orange County NcArchives Wills.....Edwards, Henry Sr July 20, 1844 ************************************************ 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 466-467 Written: July 20, 1844 Recorded: Aug 1850 Testator: Henry Edwards, Sr In the name of God Amen State of Northcarolina orange County I Henry Edwards snr. of the County aforesaid being In health at present and of a sound mind and Memory thanks be to God for the same but calling to mind the uncertainty of human life and that all man kind must Die I do hereby make and ordain this my last will and Testament heretofore made by me Revoking and Disanulling all former wills and testaments heretofore made by me) I Recommend my soul to God and my body to the dust My will is that all my Just Debts be paid Item I lend to my beloved wife Elizabeth Edwards -- all my land and Negroes and stock of Every kind during her life or widowhood and after her death to be Devided as follows I Give and bequeath to my son Nathan Edwards and his lawfull Begotten children ten Dollars Item I give and bequeath to my Daughter Dilila Loyd one Hundred Dollars Item I Give and Bequeath to my three grand sons of Nathan Edwards Diseast A certain tract of land whereon there[sic] father lived containing one hundred and twenty Acres more or less and to my grands[sic] Daughters of Nathan Edwards Diseast Nancy Rosanna & Mary daughters of said Nathan Edwards Diseast fifty Dollars Each and Item I Give and Bequeath to Thomas Wesley and William Edwards sons of Nathan Edwards Diseast one Hundred Dollars Each Item I Give and Bequeath to my son Lindsey Edwards all the Rest of my Land Item I give and bequeath to my daughter Elizabeth Caruthers a certain Negro woman named Feriba with her child Morior[? Note 1] to her and her children for Ever Then the Rest of the property to be Equal[l]y Divided amongst the Rest of my Children to Wit John Edwards Henry Edwards Lindsey Edwards Mary Loyd and Dillila Lloyd Susanna Robeson Sarah Caruthers and Elizabeth Caruthers [page 2] the Negroes to be divided by lot and drawed for otherwise If Required and lastly I constitute and appoint My Beloved Sons John Edwards and Henry Edwards Executors to this my last will and testament hereby Revoking all other wills heretofore made by me in witness whereof I hereunto set my hand and seal this the 20th day of July and the year of our lord one thousand Eight Hundred and forty four Signed sealed and published an[d] acknowledged in the presence of us Witness Eli Cheek Henry Edwards (seal) John Loyd Jurat Exrs. qualified [Will Book Volume F, page 466] In the name of God Amen State of North Carolina Orange County I Henry Edwards Senr. of the County aforesaid being in health at present and of a sound mind and memory thanks be to God for the same but calling to mind the uncertainty of human life and that all manKind must Die I do hereby make & ordain this my last will & testament heretofore made by me revoking & disanulling all former Wills and testaments heretofore made by me) I recommend my soul to God and my body to the dust My will is that all my Just Debts be paid ["be paid" x-out] Item I lend to my beloved wife Elizabeth Edwards all my land and negroes and stock of every Kind during her life or widowhood and after her death to be divided as follows I give & bequeath to my son Nathan Edwards and his lawful begotten Children ten dollars ~~ Item I give and bequeath to my daughter Delila Lloyd one hundred dollars Item I give and bequeath to my three grand sons of Nathan Edwards Deceased a certain tract of land whereon their father lived Containing one hundred & twenty Acres more or less and to my grand daughters of Nathan Edwards deceased Nancy Rosanna & Mary daughters of said Nathan Edwards deceased fifty dollars each Item I give & Bequeath to Thomas Wesley and William Edwards sons of Nathan Edwards deceased one hundred dollars each Item I give & Bequeath to my son Lindsey Edwards all the rest of my land Item I give & bequeath to my daughter Elizabeth Careathers a certain negro [Will Book Volume F, page 467] woman named Feriba with her child Morior[? Note 1] to her & her children forever then the rest of the property to be equally divided amongst the rest of my Children to wit John Edwards, Henry Edwards Lindsey Edwards Mary Lloyd and Delila Lloyd Susanna Robeson Sarah Careathers and Elizabeth Careathers the negroes to be divided by lot and drawed for otherwise if required And lastly I constitute and Appoint my beloved sons John Edwards and Henry Edwards Executors to this my last will & Testament hereby revoking[See Note 4] all other wills heretofore made by me in witness whereof I hereunto set my hand and seal this the 20th day of July and the year of our lord one thousand eight hundred & forty four Signed sealed and published an[d] acknowledged in the presence of us Witness Henry Edwards (seal) Eli Cheek John Loy Orange County Augt Term 1850 The Execution of the foregoing last will & Testament of Henry Edwards senr. decd. was duly proved in open Court by the oath of John Lloyd one of the subscribing witnesses thereto & ordered to be recorded At the same time John Edwards & Henry Edwards the Executors therein named appeared in open Court & were qualified according ly Test Additional Comments: Will Book Volume F, pages 466-467 Recorded Aug 1850 An additional handwritten copy of this will in the archives. Be sure to examine the original (look at the signatures). There are a number of errors omissions and legibility issues in the handwritten copy Estate Papers comprise 270 pages and are found in a folder labeled "Edwards, Henry (1850)". These papers are more extensive than most estates because the legatees were not satisfied with the actions of the Executors. These papers record minutia mentioning slaves, their hire, medical care, transport, etc. It is too extensive to fully document here. If these lineages are of interest be aware there is more info in this estate packet. Note 1: Not written very distinctly, but this is perhaps the same person as Warrick Note 2: Moses 7 or 8 some 15 or 20 years before the death of Henry Edwards, Sr in 1850. Therefore Moses was born between 22 and 28 years prior, thus roughly in the year 1826 Note 3: Henry Edwards died "during the present year" per a petition in the November Term 1850 Note 4: previous wills revoked at the beginning and end of the will. This is unusual. Elizabeth Edwards married John Careathers. He died and then she married John Cabe becoming Elizabeth Cabe. With Careathers she had children William G. and Sarah Mary Edwards married Stephen Lloyd Susannah Edwards married Allen Robertson Sarah Edwards married William Careathers. Easy to confuse with children of Elizabeth Edwards and John Careathers [Estate Papers - Inventory 3 Sep 1850] Inventory of the property of Henry Edward sen Dc. September 3rd 1850 [sundry items omitted] [page 2] [sundry items omitted] ...List of negroes Jack Dinah Alie Eady Lewis Fib Aaron Moses Elijah Caroline King Miley/Wiley Nance Queen Jery Pegey Ellen George Anne John Sarah Little Dinah Warrick [Estate Papers - Petition Nov 1850] State of North Carolina } County Court Orange County } November Term 1850 To the Worshipfil Justice of Orange County Court The petition of Henry Edwards executor of Henry Edwards, deceased ["Lindsey Edwards" x-out] Stephen Lloyd and Mary his wife, Delia Loyd, Allen Robertson and Susannah his wife, William Careathers and Sarah his wife, John Cabe and Elizabeth his wife, William G. Careathers and Sarah Careathers the children of the said Elizabeth Cabe, who are minors and sue in this behalf by Atlas J. Lloyd there duly appoint Regular guardian. Against Respectfully showeth unto your worships, that Henry Edwards Senr. late of Orange County depar= ted this life during the present year leaving [Note 2] a last will and testament in writing which was duly executed and was in all things suffi= cient to pass both his real and personal es= tate, that he appointed his two sons, your pe= titioners Henry and the defendant John his ex= ecutors therein, who have said his death caused said will to be proved in Orange County Court, where it is now of Record, and the said John & Henry have taken upon themselves the burthen of administering upon the said estate as execu= tors: That the said Testator by his will among other things bequeathed his slaves to his wife Eliza= beth Edwards for life, and after her death to your petitioning Elizabeth Cabe then Elizabeth Careathers, wife [page 2] of the last John Careathers' now deceased, and her two children William G. and Sarah he gave negro woman Pherabee and her child Maria, and all the rest of his negroes he gave by said will after the death of his wife, to your petitioners his children, Henry Edwards, Lindsey Edwards, Mary Lloyd wife ["of your petiti" x-out] of Stephen Lloyd, Delia Lloyd, Susannah Robertson ["and" x-out] wife of Allen Robertson, Sarah Careathers wife of William Careathers, and Elizabeth Careathers, now Elizabeth Cabe wife of John Cabe, equally to be divided between then and drawn for by lot, or otherwise -- Your ["petitioners" x-out] petitioners further shew that the said Elizabeth Careathers before her marriage to your petitioner John Cabe made a marriage con= tract with him and in pursuance of it, your pe= titioner Richard Andrews as the Trustee of said Elizabeth Cabe is entitled and claims all the share of the said Elizabeth which is coming to hir under the will of her father Henry Edwards deceased: a copy of which contract L[?] is part of this petition You petitioners further shew that in the life time of the said Henry Edwards senr he sold to the defendant John Edwards a negro boy by the name of Charles, and took in part payment a filly ["and by" x-out] and by the contract of sale the said John was to ["pay to" x-out] account for two hundred dollars more as an advancement without in= terest in the division of the property of the said Henry Edwards; Your petitioners further show that ["in" x-out] the [? x-out] widow Elizabeth Edwards is dead, and that after [? x-out] making full provision for the payment of the money legacies given by the testator in his will, and [page 3] the payment of all the debts of the estate and the charges of administration there will remain for division according to the residuary clauses of said will (A copy of which will is made a part of this petition) the following Negroes, Jack Dinah, Aley, Edah, Lewis, Feb, Aaron, Elizabeth Caroline, Sarah King, Willie, Nancy, Queen, Jenne[? June?], Peggy, Ellen, George, Ann, John, little Dinah, & Warrick 22 in number, the petitioner Henry Edwards retaining in his hands negro Moses to answer debts & charges against said estate. which your petitioners pray may be divided accor= ding to the provisions of said will if the same can be done, by commissioners to be appointed for that purpose by this court, and if that can= not be done, that they may be sold under the direction of this court and the proceeds of such sale divided among your petitioners and the defendant according to their respective rights. Your petitioners further shew that in consequence of the situation of the testators estate there will be nothing of Consequence left for distribution except said slaves and that if the defendant John Edwards shall not be required to account for the said $200 in this divi= sion he cannot afterward be compelled to do so. You petitioners further shew that the testator in his life time gave to your petitioner Henry Edwards a slave by the name of Mose or Moses but never executed to him a deed of gift in writing for said slave & he is advised that in law he cannot hold him although such was his fathers instructions and hath therefore surrendered said slave to the estate. Your petitioners further shew that the said testator in his life time put a slave [page 4] by the name of Alvey --- in the possession of the defendant Lindsey Edwards ---------------------- but never executed to him any deed of gift or other conveyance for said slave; and they are advised that no title to said slave hath passed to the said Lindsay Edwards, by the laws of this state and that he should be required to surrender the said slave to the executors before he calls upon them for any portion of the others slaves. Your petitioners pray that he said John Edwards and Lindsey Edwards --------------- may by the course[?] of practice in this court be make defendants to the petition and may be required upon their corporeal oaths to answer the allegations contained in this petition, & may be required to abide by & perform such decree as this worshipful court may make therein. And they will ever pray &c. J. W. Norwood Atty for Petitioners [Estate Papers - Answer to Petition Feb 1853] Answer of Henry Edward filed at February Term 1853 to the petition of Stephen Lloyd & other against him & others in Orange County Court This defendant for answer to said petition saith that admits that he was first, guardian of his father Henry Edwards sr and after his death he qualified as one of his executors as the bill charges at August Term 1850 of Orange County Court - and has acted as one of his executors. Per the legacies given & the will of his fa= ther and the general distribution of his estate therein he refers to the will itself. He shows that all the negroes belonging to said estate have been devided according to said will. And as for all the money legacies and the surplus of the estate this defendant ready and anxious to pay & settle the same at the earliest moment he could do so, and made xxxx attempt to do so before his two years were out, and this petition has actually been filed against him within the two years. The defendant xxxx to his returns of sales as guardian & executor and his inventory as exr. further accounts of his fathers es= tate which came to his hand, This defendant has in his returns accounted for & is ready to explain and account for the notes of Allen Edward & David Andrews mentioned in the petition. He did hire a boy to Morris[? Moses?] for $9.40 which he is ready to ac= count for - He did not send negro Diana to Mrs Lloyd but his father in his life time put said negro in her poss= ession & this defendant took possession of him before his death, Mrs Lloyd having voluntarily sent her back & she waited upon her up to her death He saith further the said note[vote?] of this: Faucett was [page 2] collected in the life of his father before defendant was appoint his guardian & the money used in the family. As to the Boy Moses the defendant saith that his father give him the said boy during the life of his father where Moses was a small boy 7 or 8 years old, same fifteen or twenty years before [Note 2] the death of his father, & he always help him un= der that arrangement his father never thinking of asking him for Anne[?] He had placed a negro also in the possession of Lindsey Edwards, another in the possession of Elizabeth Caruthers, and one in the possession of Mrs Delia Lloyd - As to the right of the parties plaintiffs & defendants he refers to the will &c. The defendant is willing to submit to an account &c. J.W. Norwood Att Henry Edwards swears that the fact stated in this ["pet" x-out] answer are of his own knowledge are true & the rest he believes to be true [Estate Papers - Answer to Petition] The Joint and & several answer of John Edwards Executor of Henry Edwards Senior deceased & of Lindsey Edwards to the Petition of Henry Edwards and other exhibited in this Worshipful Court. These Defendants saving to for answer to so much of said Petition as they are advi- =sed it is material for them to answer, they answer & admit that the late Henry Edward their father departed this life about the time mentioned in the Petition that the said Henry left a last Will & Testament duly subscribed[?] to pass his real and personal Estates which was admitted to Probate in Orange County Court at the Sessions mentioned in said Petition & that the said Henry the Petitioner & Deft. John were the Exrs named in said Will who were at said term of the Court duly qualified as Exrs. thereof & took upon themselves the burthen of executing the same. --- They further admit that the next of kin & legatees under said Will are correctly named in said Petition They further answering admit that their [page 2] Mother Elizabeth to whom certain parts of the Estate were given by said Will for life is now dead. & they further admit that such part of said Will as recited in said Petition are correctly recited. & that the bequest of negroes to be divided is in substance truly set forth therein. -- They also admit that Elisabeth Careathers now Elisabeth Cabe did. upon her intermar- =riage with John Cabe, enter into Mar- =riage articles & that Richard Andrews was the Trustee in said Articles & now claims in virtue ["of" x-out] thereof the property to which said Elisabeth was entitled under her fathers will & that the copy of said Article appended to the Petition is a true copy. That the Defendt. John Andrews[sic] doth not admit but denies that the allegations in said Petition in regard to the boy Charles purchased by said John, are true & insists that the truth in reference to said boy is this, that Henry Edwards Senr. father of Defendants sold the said Boy to Deft. John when he was quite small & that Deft. John gave to his said father a very valuable young filly, supposed [page 3] to be worth $100 or thereabouts at that time for said boy. that his said father sealed & delivered to Deft. John a Bill of Sale for said boy Charles with the sum of $200 named therein as the consideration money which he therein ack- =nowledged to have recd. in full - that one Isaac Durham & Petitioners Henry Edwards were the subscribing witnesses to said Bill of Sale - but that there was no agreement or under standing that there was to be $200 pd. by Deft. at his fathers death for said boy as is falsely alluded in the Petition. that his father came unto the County Court at May term in 1826 & acknowledged the execution of said Bill of Sale & it was ordered to be registered & that was the last which Deft. has ever seen of said Bill of Sale - that he made repeated inquiry of the former Clk of said County Court, but could never obtain it, being told that some one had called & taken it out under pretence of having it registered. - And Deft. avers that it was a bona fide sale & so intended by his father & himself. & that some time before or after their said father sold to Henry the Petition a negro called Nelson which he does not mention in the Petition, but for which he has always alledged[sic] that he pd. about $100 & got a Bill of Sale for from their said father. Deft. John further alledges that so well [page 4] are all the legatees satisfied that Deft. John did purchase said boy Charles & pay for him that they have relinquished all claim to him to Deft. John in writing which writing is hereto appended as part of this his answer Deft. Lindsey further answering says that the boy alledged in Petition to have been received by him & for which he is charged, was given by their said father to him & was not considered of sufficient value to sell at any price - that he was a boy called Alvey who was subject to fits & as the old man had let Henry & John each have a boy, he gave this one to Deft. Lindsey without naming any price or giving any Bill of Sale for the reason above given, viz that he had first & was as likely to turn our a charge as a source of any profit - But in addition to this Deft. Lindsey has received from all the other Legatees except the Ptf. Henry a relinquishment in writing of all claim on their part to said boy will Knowing as they do that is was never their fathers purpose to hold Deft. Lindsey liable for said boy in any way. Further answering Deft. say that by the terms of the Will the slaves are to be divided either by lot or otherwise, ["divided" x-out] & they insist that they shall be divided & not sold as suggested in the Petition, as the division is not only easily practicable, but is the right of the Legatees under the Will - They further say that they do not understand what is meant by the expresses in the Petition "that there will be nothing of consequence left for dis tribution. [this seems to end here] [Estate Papers - Petition Aug 1852] North Carolina } Court of Pleas & Quarter Sessions Orange County } August Term 1852 To the Worshipful the Justices of the Court aforesaid The Petition of Stephen Lloyd & wife Mary, Thomas Lloyd Admr. of Delilah Lloyd, Allen Robertson & wife Susan= =nah, Elizabeth Cabe who appears by Trustee Richard Andrews, (Plffs) against Henry Edwards and John Edwards Exr. of Henry Edwards Senr. deceased William Careathers & wife Sarah and Lindsey Edwards (Defts) Respectfully represents to your Worships, that [? x-out] Petitioner & the Defendants are the Lega =tees of the late Henry Edwards Senr. deceased of Orange County, who departed this life in the month of _____ in the year 1850 - That said Henry made & published a last Will & Testament in writing duly executed to pass his real and Personal Estates which remained un- =revoked at his death & was admitted to Probate at the August Sessions of this Wor [interlined addition x-out] =shipful Court 1850 & the Defendants Hen [interlined addition x-out] =ry Edwards Jr. & John Edwards the Execu- =tors named in said Will presented the same & were qualified as Exrs. thereof in Open Court & have in pursuance [page 2] of the powers vested in them as Exrs. they have possessed themselves of the said Estate having now expired, the Petitioners have called on the said Executors to account with them for their Legacies & to pay over to them the same, but they, the said Exrs. have wholly refused to account & settle with you Petitioners as they were required by law to do - Your Petitioners alledge that the principal part of said estate came to the hands of the Deft. Henry Edwards, the Co-Executor John having received only a very small part thereof:- Your Petitioners alledge that many years before the death of said Henry Edwards Senr., as much as 12 or 14 years the Deft. Henry Edward Jr. took into his possession a boy called Moses, the property of said Henry Senr. & had the bene- =fit of the labour of said boy which they believe the Testator Henry Senr. would have required at the hands of Henry Jr. if he had retained his mind, but they aver that some time after the publication of his Will as hereinbefore stated, the said Henry Senr. became non compos & by the verdict of a Jury was so declared. [page 3] & the Deft. Henry Jr. was at this earnest request appo- =inted by this Worshipful Court the Committee or Guardian of said Henry Sr. & no account of the hires of said boy Moses was every made or at least returned by said Guardian, no so far as your Petitioners are informed has said Henry Jr. charged himself in his Account as Executor with the hires of said boy - Nor hath the said Henry Jr, rendered any account of his said Guardianship, but upon being called on to do so, declined saying he would settle as wound up by the Exrs. - they further alledge that said Guardian sold divers articles, corn fodder &c of which he hath stated no account or made no return thereof to Court: Petitioners alledge that the sale as Guardian & Exr amounted as they are informed to $1650, or thereabouts: - They charge that said Henry Jr. had in his possession certain notes on Allen Edwards & David Andrews made payable by them to Henry Edwards Sr. for money loaned by him & otherwise which said Henry Jr. received to his own use & has not accounted for. - He also hired a negro ["man" x-out] boy to a man named Morris for several months, whose hire [page 4] must have amounted to $18 or $20 - He also sent a woman slave whose name was Dianna to Mrs Delilah Lloyd for a year or more & there is no account of either of these hires - the latter worth $25 or more - said Henry Jr. in the life time of the said Henry Sr. received the proceeds of a note due by Thomas Faucett of $79 or thereabout of which is is no charge agst. said Henry Jr: And in short there was property, money &c which came into the hand of said Henry Jr. belonging to the Estate of the said Henry Sr. during his Guardianship as well as since when he was Ext. of which there cannot be found any account & he studiously avoids making any disclosures to the Petitioners in regard thereto & seems disposed to take offence at every proposition to settle the affairs of the Estate fairly & in conformity to the Will of the said Henry Sr. of which said will a copy is hereunto appended & prayer to be taken [Additional pages not found.] [Estate Papers - Agreement Concerning Slave Alvey] We the undersigned Heirs & Legatees of the late Henry Edwards Senr. deceased, do agree that Lindsey Edwards one of the said Legatees & heirs shall hold the boy Alvery given him by his father without ac- =counting for his value in the share he is entitled to, of his Fathers Estate. A. M. Robertson John Edwards Wm. Careathers his Stephen (+) Lloyd mark Elizabeth Cabe Delia Loyd [Estate Papers - Agreement Concerning Slave Charles] State of North Carolina Orange County We the undersighners Legatees of the Estate of Henry Edwards Sen. Deceased do her by certify that John Edwards has a go[o]d and A Lawful Title to a certain negro boy by the name of Charles which said negro he bought from his Father Henry Edwards Sr. twenty foure years ago and paid for him [x-out] therefore we do not setup eny Clame for said negro given under our hands this the 27 day of November 1850 Elizabeth Cabe Lindsey Edwards Delia Loyd Wm. Careathers his her Stephen (X) Loyd and Mary (X) Loyd his wife mark mark A M Robertson and Susannah his wife test Henry B. Edwards [Estate Papers - Report of Commission Feb 1851] State of North Carolina } Orange County } To The worshipful The Justice of the Court of Pleas & Quarter Session February Term 1851 We the undersigned Freeholds appointed by The Court of Pleas & Quarter Sessions of Said County having been duly sworn proceeded on the 5th day of December 1850 to divide and make partition between and amoung the heirs of Henry Edwards (Dec) The negroes belonging to said Estate viz Number 1 to Henry Edwards consisting of Phebee Nancy & Young Dinah valued at $1150 No 2 Lewis & Queen $1060 to Elizabeth Cabe No 3. Willie & Ellen $1025 to Delilah Lloyd. No 4 King & Peggy at 1010 to Susan Roberson No 5 Elijah Eady & Ann at $1005 to Sarah Carethers No 6 Sarah & Jenny at 990 to Lindsey Edwards No 7. Aaron Alsa & George at 99789 Jno Edwards No 8. Caroline & Child John and Old Dinah at 930 to Polly Lloyd. The Distributing Share $1048.50 The Lots not being equal No 1 pays to No 8 $87.50 No 1 pays to No 6 $28.50 No 1 pays to No 5. $13.50 No 1 pays to No 4 - $2.00 No 2. pays to No 7 $40.50 No 2 pays to No 8 $1.00 No 3 pays to No 4 6.50 All of which is [page 2] Respectfully submitted under our hands & seals this the 5th day of December 1850 Thomas Brewer (seal) Saml. H. Turrentine (seal) F L Freeman (seal) L B Durham (seal) Wilson Atwater (seal) =======================================