Orange County NcArchives Wills.....Evans, Henry September 20, 1814 ************************************************ 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 D, pages 427-429 Written: September 20, 1814 Recorded: Feb 1815 Testator: Henry Evans In the name of God Amen I Henry Evans of Orange County and State of North Carolina being Sick and weak in body but of perfect Soundness of mind And memory thanks be to Almighty God and Knowing the mortality of my body and that it is appoint[t]ed unto all men to die I do make Constitute and ordain this My last will and Testament in manner and form following Viz - First and principally I recommend my Soul to God Who gave it and my body to be decently buryd. at the discression[sic] of my friends and Executor trusting through the meritts of my Saviour Jesus Christ for a Joyfull Resur[r]ection at the last day and as touching Such worldly Estate as it hath pleased God to bless me with in this life I give devise and dispose of as follows -------------- Item) I lend to my beloved Wife Elizabeth Evans Dureing her life time or widow hood one Negro woman and Children Namely Silvia and Kimbro also three feather beads With all my house and Kitchen firniture also one Mare and Colt, also as many of my hogs as my Executors shall think proper for her use, also four hed of sheep, also three head of Cattle, also as much Corn and fodder as my Executors shall think is sufficient, also one hundred acres land lying in Wake County to live on if she pleases if not to be Rented by my Executors and mone[y] a Rising therefrom to go to the Seport of my Wife and fammily[sic] ----- also it is my will that my Negro Man Gabrel be hired out by my Executors, also it is my will that my pocket Watch and one horse and four head of sheep, and the Bal- ance of hogs and Corn and fodder be sold --- [page 2] Also it is my will that if the Child my Wife is big With should be a Girl it shall be intitled to one third part of my Estate Except my land and if it should be a Boy it is intitled to one half of my Estate Except my land Also I give to my beloved Son Asa one hundred acres of Land lying in Wake County \ also half of my othe[r] Estate it is my will that my son Asa be put to [s]chool at Nine Years old and kept at Chool till he is fourteen years old Then to be Bound to some traid[sic] as my Executors shall think most profitable, for five years, it is my will that the other two miner years he be kept at his traid of school[sic] as my Executors shall think most proper Also it is my will that if the Child my Wife is Big with should be a Boy that it be Schoold and Bound to some Traid the same as my son Asa, and if it should Be a Girl it shall have such schooling as my Executors shall think Best and to Continue With her mother, also it is my will that Achlus[sic] M. Thompson be sent to school Eighteen months Also that the said Achelus M. Thompson Continue With my Wife if they can agree and if not that he Be hired out By my Executors till he is twenty one years of age, also I give to said Achelus M. Thompson Twenty five pounds It is my will that all my Just debts be paid first out of the Notes that is Now on hand and all The Rest of [my] money to be put out on Interest for the use of my Children ------- [page 3] my will is that when my Cheldren[sic] Comes of age that all the money the Executors has on hand at that Time and Gabrel be Devided as before mentioned Also my will is that my Negro Woman Silvy & Kimbro and hir increase if any and all the property I Left To my Wife shall be Devided between the Children as before mentioned after my wifes Death or Widowhood ---------------- Furthermore I do hereby Nominate and Appoint my Trusty friends Chesley P. Patterson William Rhodes and Benja. Rhodes Executors To this my last will and Testament In Witness whereof I have hereunto set my hand and seal the Twentieth day of of[sic] September in the year of Our lord one Thousand Eight hundred and fourteen Test. John Rhodes } [illegible] his } Thomas (X) Huchings } mark } Henry Evans (seal) Chesley P. Patterson qualified [Will Book Volume D, page 427] In the name of God Amen I Henry Evans of Orange County and State of North Carolina being Sick and Weak in Body but of perfect Soundness of Mind & Memory. thanks be to Almighty God And knowing the mortal- ity of my Body and that it is appointed unto all Men to die, I do make constitute & ordain this My last Will & Testament in manner & form following (Viz) First & principally I recommend my Soul to God who gave it and my Body to be decently buried at the discretion of my friends & Executors trusting through the merits of my Saviour Jesus Christ for a Joyful resur[r]ection at the last day ~~ And as touching such Worldly Estate as it has pleased God to bless me with in this life I give devise and dispose of as follows Item. I lend to my beloved Wife Elizabeth Evans during her lifetime or Widowhood one Negro Woman and Child[ren] namely Silvia & Kimbro, also three feather Beds With all my Household & Kitchen furniture, also one Mare & Colt, also as many of my Hogs as my Executors shall think proper for her use, also four head of Sheep, also three head of Cattle, also as much Corn & fodder as my Executors shall think is sufficient, also one hundred Acres Land lying in Wake County, to live on if she pleases if not to be rented by my Executors and Money arising therefrom to go to the support of my Wife and family. Also it is my Will that my Negro Man Gabriel be hired out by my Executors, also it is my Will that my pocket Watch, and one Horse and four head of Sheep, and the balance of Hogs and Corn & fodder be sold. Also it is my Will that if the Child my Wife is big with shoud be a Girl it shall be intitled to one third part of my Estate Except my land and if it should be a Boy it is intitled to one half of my Estate except my Land, Also I give to my beloved Son Asa one hundred acres of Land lying in Wake County also half of my other Estate, It is my Will that my son Asa be put to school at nine years old and kept at School till he is fourteen years old, then to be bound to some Trade as my Executors shall think most profitable for five years, It is my Will that the other two minor years he be kept at his Trade of School [Will Book Volume D, page 428] as my Executors shall think most proper, also it is my Will that if the Child my Wife is big with shoud be a boy that it be schooled and bound to some Trade the same as my son Asa, and if it should be a Girl, it shall have such schooling as my Executors shall think best and to continue With her mother, also it is my Will that Archalus[sic] M. Thompson be sent to school Eighteen months also that the said Archelus[sic] M. Thompson continue With my Wife if they can agree, and if not that he Be hired out by my Executors till he is twenty one years of age, also I give to said Archelus M Thompson twenty five pounds, It is my will that all my Just debts be paid first out of the Notes that is now on hand, and all the rest of my Money to be put out on Interest for the use of my children, My will is that when my Children comes of age that all the money the Executors has on hand at that time, and Gabrel be divided as before mentioned, also my Will is that my Negro Woman Silvia & Kimbra and her increase if any and all the property I left To my Wife shall be divided between the Children as before mentioned after my Wife's death or Widowhood ~~~~~~~ Furthermore I do hereby nominate & appoint my trusty friends Chesley P. Patterson, William Rhodes & Benjamin Rhodes Executors to this my last Will & Testament, In Witness whereof I have here =unto set my Hand and Seal the twentieth day of September in the year of Our Lord One thousand Eight hundred & fourteen Test [illegible] John Rhodes his Henry Evans (seal) Thomas (X) Huchings mark [Will Book Volume D, page 429] Orange County February Term 1815 The Execution of the foregoing last Will and Testament of Henry Evans decd. was duly proved in open Court by the Oaths of John Rhodes & Thomas Hutchings subscri =bing Witnesses thereto and Ordered to be recorded, at the same time Chesley P. Patterson one of the Executors therein named qualified, Additional Comments: Will Book Volume D, pages 427-429 Recorded Feb 1815 Note 1: enceint is enceinte, which is a synonym for pregnant. Estate Papers comprise 109 pages and are found in a folder labeled "Evans, Henry (1814)". These papers assert that Henry died intestate, in a petition dated September 1815. He died in November 1814, but in other papers mention the will as if it were in force. In August 1820 a petition was made to the Court of Pleas and Quarter Sessions including: Elizabeth Evans, widow of Henry Evans later married Andrew Cole. Asa Evans is listed as Henry's "only issue", so the child she was expecting when the will of written didn't survive. Chesley Page Patterson had died intestate "a few months since" with Lemuel Morgan appointed his administrator. As per the will "Gabrel", known as "Gabriel" in the estate papers, was hired out for several years. He was known as a skilled shoemaker. Silvia and her child, Kimbro were not mentioned in the estate papers, and it is assumed that they passed into the possession of Asa Evans. No will or estate papers found for him? Also looked for Asa Evans in Wake County per references to land there. Also used alternate surname spellings for estate papers of Ivins and Ivans. [Estate Papers - Oath - 7 Apr 1821] State of North Carolina } Orange County } this day Came Be fore my Moses McCown one of the Justice of said County Francis Trice Casey Picket Feby Hutchins and mead oath that Henry Evins youngis Child Dide Be fore his Deces Sworn to & subscribed Be fore me this seventh day of April 1821 Test hur Moses McCown JP Francis (+) Trice mark hur Casey (+) Picket mark hur Feby (X) Hutchins mark [Estate Papers - Receipt for Hire of Negro for 1815] Orange County State of North Carolina 21th February 1821 This day came Jarrat Yeargain before Me John Rhodes one of the Justices for Said County & made oath thatt[sic] he in & about March A.D. 1815 Gave to Chesley P. Patterson, Decd. a Note for about the sum of fifty Dollars for the hire of Negro Gabe for Nine Months the Estate of the late H. Ivins Decd. test John Rhodes JP Jarratt Yeargain [Estate Papers - Receipt for Hire of Negro for 1816] Feb 12th 1821 This day Miles Davis made oath before me that he hired a Negro of Chesley P Patterson Executor of Henry Ivins Decd. for the year 1816 for Ninety one Dollars ----- Sworn to before me Miles Davis T. H. Taylor JP. [Estate Papers - Receipt for Hire of Negro for 1817, 1819] Feb 12th 1821 This day John Neal made oath before me that he hire a negro of Chesley P. Patterson Executor of Henry Ivins for the year 1817 part for Ninety one dollars & for the year 1819 part for one Hundred & Ninety six Dollars he hired the said negro again ---- Sworn to before me John Neal T. H. Taylor JP. [Estate Papers - Petition to Sell a Negro - Nov 1828] North Carolina } Orange County } Court of pleas & Quarter Sessions Nov Term 1828 ---- To the worshipful Justices of said Court The Exparte petition of Asa Evans, an infant &c who sues by his Guar= dian Thomas Hutchins - and An- drew Cole & his wife Elizabeth Your petitioners humble shew unto your worships, that one Henry Evans, late of Orange , departed this life some time in the year 1814 - hav[ing] made his last will & testament, which was thereafter viz _____ Term of this Court AD ______ duly proven in open Court - a Copy of which is hereunto an- nexed, which your petitioners pray may be taken as part of this petition. Your petitioners further sheweth that he said Henry Evans left him surviving, his widow & rel- ict, one of your Petitioners, Elizabeth who has since intermarried with with[sic] one other of your petitioners vs: Andrew Cole and but one child viz: Asa Evans who is an --- [page 2] infant under the age of twenty one years, and now sued? by his Guardian Thomas Hutchins, heretofore appoint by this Court. - Your petitioners further shew, that by the terms of the last will & Testament, as will appear by reference to the copy hereunto annexed: Your petitioner Elizabeth Cole is entitled to one third part of Testators Estate, in consequence of the death of the son with which Testators child was ensient [Note 1] at the time of making the will - and that Negro Boy Gabriel, mentioned in the will, was to be hired out. Your petitioners further shew, that Chesley P. Petterson, mentioned in the will as one of the Executors, also[?] qualified, who has since died[decd?] and the Petitioners Thomas Hutchins has been duly appointed by this Court Administrator with the will ann[ex]ed of the Estate of the aforesaid Henry Evans - the other two Executors William Rhodes and William Rhodes having died intestate. -- Your petitioners further shew that the said Negro boy Gabriel, [page 3] has become so unruly and disobedient that his labour will hire but for little, altho he is an excellent shoe & bootmaker - and that your pe= titioners cannot control him - Your [petitioners] think that if said negro was sold, it would be [ink blot] more conducive to the intents of your petitioners: Your pe= titioners therefore pray that this Court grant leave to your petitioners, to sell said negro upon such credit or credits as may to your worships seem meet And your petitioners will ever pray D. H. Mangum Atto. ------ [page 4 - cover] Evans & wife[sic] Exparte Petition to Sell a Negro --- Ordered that the Negro be sold at 12 Months Credit