Orange County NcArchives Wills.....Euless, John December 10, 1845 ************************************************ 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 322-326 Written: December 10, 1845 Recorded: Nov 1846 Testator: John Euless I John Euless of the County of Orange and State of North Carolina Being of sound mind and Memory but Considering the uncertainty of my Earthly Existence do make and declare this my last will and testament in manner & form following that is to say. First; That my Executor (hereinafter named) shall provide for my body a decent Burial suitable to the wishes of my relations & friends, and pay all funeral Expenses tog- ether with my Just debts however and to whomsoever owing 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 the children of my Eldest daughter Polly, Decd. as follows, that is to say I give & devise to William Gorley, Jr. Peggy Gorley, & Ruffin Gorley the tract of land on which they now live including the Christian Staley lands and ["the at" x-out] that Portion of the John Elliott tract of land not sold to Neese, Provided they pay to their sister Nelly wife of Madison Clapp the sum of fifty dollars To have and to hold to them and their heirs in fee simple for ever, I give and bequeath to Nelly wife of Madison Clapp the Sum of two hundred & twenty four dollars to be paid by my Executor within two years from the time of my death, our of any moneys belonging to my estate not other- wise disposed of, which sum together with former advan- cements she had from me will make her a fair and Equitable Portion of my estate to be hers and at her disposal absolutely for ever, I give & bequeath nothing to John Gorley as I have already advanced to him a fair and Equitable Portion (Item) I will that the children of eldest Son William Euless Decd. shall have two hundred acres of the lower end of the tract called the Thronberry[Thornberry] tract on which his widow now lives and which I made him a deed of Gift for; the part as conveyed by that deed being their fair & Equitable portion [page 2] Item) I give and devise to my Son Eli Euless the tract of land call the Clapp place on which James Elliott lives supposed to be two hundred acres of land if there should be a loss in it on surveying it what it lacks of two hundred acres to be paid to him (rating at five dollars per acres[sic]) by my Exr. out of any moneys belonging to my estate within two years of my death, to have and to hold to him and his heirs in fee simple for ever, which will be his fair & Equitable Portion of my estate, Item) I give and devise to my daughter Teracy, wife of Peter Boman the tract of land on which they live, including the tract I bought of James Elliott & George Staley supposed to be 340 acres to have and to hold to her and her heirs in fee simple for ever, I also give & bequeath to her (Daughter Teracy) two hundred and twenty dollars to be paid by my Exrs. to her within two years from the time of my death our of any moneys belonging to my estate not otherwise disposed of which will be her fair & Equitable portion of my estate, Item) I give and devise to my daughter Sally wife of George Amick the tract of land on which the Widow Soots lives including the tract I bought of John Long John Lynn, and Jacob Marshall all except a small piece cut off of the Long tract to Samuel Alexander, that is what lies South of a small branch next to sd Alexr. fence, supposed to be near 400 acres to have and to hold to her & her heirs in fee simple for ever; I Also give & bequeath to her (Daughter Sally) the Sum of two hundred & Eighty dollars to be paid to her by my Executor within two years from the time of my death, out of any moneys belonging to my estate not otherwise disposed of which will be her fair & Equitable portion of my estate. Item I give and devise to my daughter Eleanor wife of Samuel Alexander the tract of land on which they live called the Shearer tract, being the tract I purchased [page 3] of Andrew Shearer, including a small piece taken off of the Long tract what lies South of a Small branch that runs down by Sd. Alexanders fence making that Branch the line Between the two tracts, supposed to be something over 200 Acres to have and to hold to her & her heirs in fee simple for ever, I Also give & bequeath to her (Daughter Nelly) the Sum of two hundred & seventy two Dollars to be paid to her by my Exr. within two years after my death out of any moneys belonging to my estate not otherwise disposed of which will make her a fair & Equitable portion of my estate, Item) I give and devise to my Daughter Milly wife of William Kimrey the tract of land on which they live being the tract I purchased of George Thomas incl= uding two small pieces bought of George Patterson supposed to be in all something over 200 acres, to have and to hold to her and her heirs in fee simple for ever, I Also give & bequeath to her (Daughter Milly) the Sum of ["thirty five dollars" x-out] two hundred & sixty five dollars to be paid to her by my Executor within two years from the time of my death out of any moneys belonging to my estate not otherwise disposed of, which makes her a fair and Equitable portion of my estate, Item. I give and Devise to my son Alfred Euliss the tract of land on which he lives Called the Williams tract being the piece I bought of Frederick Kimrey, also including two pieces I bought of Ray, & a piece taken off of the tract on which I live on the north side of the Sawmill Creek according to a Survey made as on reference to the plot will more fully show supposed to be 230 Acres All of which I give to him except [x-out] Six acres to be Cut off of the South end of the tract to be attached to the tract which I bought of Brother Henry Euless, for which six Acres I will Alfred to be paid Six dollars per acre by my Exrs within two [page 4] Two Years from the time of my death out of any moneys belonging to my estate not otherwise disposed of, to have and to hold to him & his heirs in fee simple for ever, which will make him a fair & Equitable portion of my estate. Item. I give & devise to my son Hiram Euliss my home tract on which he lives including all in the following Boundary - Bounded on the North by the big Stinking quarter Creek East by Henry Cobb, South by the line described in Alfreds bequest & David Kimery's line West By Calvin Johnson all in said bounds I give & devise to him except a lot of two acres at the Saw mill & one hundred and Eighteen acres to be Cut off of the upper end of the tract by a line running from David Kimrey's line to sd big Stinking quarter, supposed to be in the part devised to him 217 acres to have and to hold to him & his heirs in fee simple for ever which will make him a fair & Equitable portion of my estate. Item My will and desire is that all the residue of my estate after taking out the devises & legacies above mentioned shall be sold and the debts owing to me Collected, (viz the tract of land lying in Randolph County Called the Willhoit tract, and the tract I bought of Brother Henry Euliss. The Saw mill & lot around it as specified in a former Item, the upper end of my home tract as described in a former Item, to be Cut off, and the upper end of the Thornberry tract, the part not conveyed in the deed of give made to Son William together with my personal property if any all of which I desire to be sold. And if there should be any sur- plus over and above the payment of debts, expenses, and lega= cies, that such surplus shall be equally divided and paid over to all my Children in equal proportion, Share & Share alike to them and each and every of them their Executors, Administrators & assigns, absolutely for ever, Those of my Children that are now dead [page 5] I will that their portion of sd. surplus shall be equally divided a[n]d paid over to their Children And lastly I do hereby constitute and appoint my son in law Samuel Alexander & son Eli Euless my lawful Executors to all intents and purposes to Execute this my last will and testament according to the true intent and mean= ing of the same and every part and clause thereof - hereby revoking and declaring utterly void all other wills & testaments by me heretofore made In witness whereof I the sd. John Euless do hereunto set my hand and seal this 10th day of December AD 1845 Signed sealed published and declared by } the sd. John Euless to be his last will } and testament, in the presence of us, who } at his request and in his presence do sub= } scribe our names as witnesses thereto -- } his John Patterson John X Euless (seal) Abram Lineberry mark Eli Lineberry [Will Book Volume F, page 322] I John Euliss of the County of Orange & State of North Carolina Being of sound mind & memory, but Considering the uncertainty of my earthly existence do make & declare this my last will & testament in manner & form follo wing that is to say: First. That my Executor (hereinafter named) Shall provide for my body a decent burial suitable to the wishes of my relations & friends, & pay all funeral expenses together with my Just debts however & to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate. Item I give & devise to the children of my eldest daughter Polly decd. as follows that is to say, I give & devise to William Gorley Jr. Peggy Gorley & Ruffin Gorley, the tract of land on which they now live including the Christian Staily lands & that Portion of the John Elliott tract of land not sold to Neese provided they pay to their Sister Nelly, wife of Madison Clapp the sum of fifty dollars, to have & to hold to them & their heirs in fee simple forever ~~~~ I give & devise [orig: bequeath] to Nelly wife of Madison Clapp the sum of two hundred & twenty four dollars to be paid by my executor within two years from the time of my death our of any moneys belonging to my estate not otherwise disposed of which sum together with former advancements she had from me will make her a fair & equitable portion of my estate to be hers [and] at her disposal absolutely forever. I give & bequeath nothing to John Gorley as I have already advanced to him a fair & equitable portion Item I will that the children of eldest son William Euless decd. Shall have two hundred acres of the lower end of the tract called the Thornberry tract on which his widow now lives, & which I made him a deed of gift for; the part as conveyed by that deed being their fair & equitable portion Item. I give & devise to my Son Eli Euliss the tract of land call the Clapp place on which James Elliott lives supposed to be two hundred acres of land [Will Book Volume F, page 323] if there should be a loss in it on surveying it what it lacks of two hundred acres to be paid to him (rating at five dollars per acre) by my Exr. out of any moneys belonging to my estate within two years of my death, to have and to hold to him & his heirs in fee simple forever which will be his fair & equitable portion of my estate Item. I give & devise to my daughter Teracy wife of Peter Boman the tract of land on which they live including the tract I bought of James Elliott & George Staley supposed to be 340 acres to have & to hold to her & her heirs in fee simple forever, I also give & bequeath to her (Daugh= ter Teracy) two hundred & twenty dollars to be paid, by my Exrs. to her within two years from the time of my death our of any moneys belonging to my estate not otherwise disposed of, which will be her fair and equitable portion of my estate Item, I give & devise to my daughter Sally wife of George Amick the tract of land on which the Widow Soots lives, including the tract I bought of John Long, John Lynn, & Jacob Marshall all except a small piece cut off of the Long tract to Samuel Alexander that is what lies south of a smal[l] branch next to said Alexrs. fence supposed to be near 400 acres to have & to hold to her & her heirs in fee simple forever; I also give & bequeath to her (daughter Sally) the Sum of two hundred & eighty dollars to be paid to her by my executor within two years from the time of my death, out of any moneys belonging to my estate not otherwise disposed of which will be her fair & equitable portion of my estate Item. I give & devise to my daughter Elea= nor wife of Samuel Alexander the tract of land on which they live called the Shearer tract being the tract I purchased of Andrew [Will Book Volume F, page 324] Shearer including a small piece taken off of the Long tract what lies South of a small branch that runs down by Said Alexanders fence making that branch the line between the two tracts Supposed to be someth= ing over two hundred acres to have & to hold to her & her heirs [in fee simple] forever ~~ I also give & bequeath to her (Daughter Nelly) the sum of two hundred & seventy two dollars to be paid to her by my Exrs. within two years after my death out of any moneys belonging to my estate not otherwise disposed of which will make her a fair & equitable portion of my estate Item I give & devise to my daughter Milly wife of William Kimrey the tract of land on which they live being the tract I purchased of George Thom= as including two small pieces bought of George Patterson supposed to be in all something over 200 acres, to have and to hold to her & her heirs in fee simple for ever; I Also give & bequeath to her (daughter Milly) the sum of two hundred & sixty five dollars to be paid to her by my Executor within two years from the time of my death out of any moneys belonging to my estate not otherwise disposed of, which makes her a fair & equitable portion of my estate Item. I give & devise to my son Alfred Euless the tract of land on which he lives Called the Willi= ams tract being the piece I bought of Frederick Kimrey also including two pieces I bought of Ray, & a piece taken off of the tract on which I live on the north Side of the Sawmill creek accor= ding to a survey made as on reference to the plot will more fully show supposed to be 230 acres All of which I give to him except six acres to be cut off of the south end of the tract to be attached to the tract which I bought of brother Henry Euliss for which six acres I will Alfred to be paid six dollars per acre to be paid[sic] by my Exr. within two years from the time of my death out of any moneys belong ing to my estate not otherwise disposed of, To have & [Will Book Volume F, page 325] to hold to him and his heirs in fee simple for= ever, which will make him a fair & equitable portion of my estate Item. I give & devise to my son Hiram Euless my home tract on which he lives including all in the following boundary ~~ Bounded on the north by the big Stinking quarter Creek East by Henry Cobb South by the line described in Alfreds bequest & David Kimery's line West by Calvin Johnson, all in said bounds I give & devise to him except a lot of 2 acres at the saw mill & one hundred & eighteen acres to be Cut off of the upper end of the tract by a line running from David Kimreys line to said big Stinking quarter, Supposed to be in the part devised to him 217 acres to have & to hold to him & his heirs in fee simple forever, which will make him a fair & equitable portion of my estate Item. My will & desire is that all the residue of my estate after taking out the devises & Legacies above mentioned shall be sold and the debts owing to me collected, (viz: the tract of land lying in Randolph County Called the Willhoit tract and the tract I bought of brother Henry Euless The Saw mill & lot around it as speci= fied in a former Item. the upper end of my home tract as described in a former Item, to be Cut off and the upper end of the Thorn= berry tract the part not conveyed in the deed of give made to son William together with my personal property if any all of which I desire to be sold. And if there should be any surplus over & above the payment of debts, expenses, and Legacies that such surplus shall be equally divi= ded & paid over to all my children in equal proportion share & share alike to them & each & every of them their Executors, Administrators [Will Book Volume F, page 326] & assigns, absolutely forever. Those of my Children that are now dead I will that their portion of sd. surplus shall be equally divided & paid over to their Children And lastly I do hereby Constitute & appoint my Son in law Samuel Alexander & son Eli Euless my lawful executors to all intents & purposes to Execute this my last will & testament according to the true intent & meaning of the same and every part & clause thereof ~~~ hereby revoking and declaring utterly void all other wills & testaments by me heretofore made In witness whereof I the said John Euless do hereunto set my hand & seal this 10th day of December AD 1845 Signed sealed published & declared by the said John Euless to be his last will & testament in the presence of us who at his request & in his pres= ence do subscribe our names as wit nesses thereto his John Patterson John (X) Euless (seal) Abram Lineberry mark Eli Lineberry Orange County November Term 1846 The foregoing last will & testament of John Euless ded was duly proved in open court on the oath of John Patterson a subscribing witness thereto & ordered to be recorded Whereupon it appearing to the court that Eli Euless one of the Executors therein named was dead ~~ Samuel Alexander the surviving Executor was duly qualified Test Additional Comments: Will Book Volume F, pages 322-326 Recorded Nov 1846 Estate Papers comprise nine pages and are found in a folder labeled "Euliss, John (1849)". No family history found.