Orange County NcArchives Wills.....Faucett, James July 18, 1801 ************************************************ 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 309-312 Written: July 18, 1801 Recorded: May 1811 Testator: James Faucett In the Name of God, Amen. I James Faucett the elder of Orange County in the State of North Carolina being of sound, and disposing Mind and Memory. do make, constitute, and appoint this my last Will & Testament in manner & form following to Wit - I desire my Executors hereafter named to pay all my lawful debts, as soon after my decease as the same can conveniently be done - I give and bequeath to my well beloved Wife Susannah Faucett during her life the plantation on which I now reside containing Three Hundred & Ten Acres, together with all the Stock of Horses, Catile[sic], Hogs and Sheep, Household & Kitchen furniture, and plan tation Utensils of what kind soever, and the follow ing Negroes to wit Will, Judy, Jenny, Sally, & Tom, I give and bequeath to my trusty and well be loved friends Robert Faucett, Matthew Woods, Charles Watham, and James Latta junr. the follow ing Negroes and their Increase Hope, Mary, Darkey, Esther, George, Archey, and Sam for the follow ing Uses and special purposes hereafter named and also the Land and Slaves above mentioned devised to my Wife Susannah Faucett during her life upon her death for the Uses and purposes also hereafter named ---- Item, It is my Will & desire that the Trustees above named do immediately on my decease, as soon after as they shall think fit, divide the first abovemen tioned slaves devised to them for the Uses hereafter nam ed, and appointed among my Children, share & share alike, or sell and dispose of the said Negroes & their [page 2] Increase, as to them may seem most advisable, & div ide the proceeds of Such sale among my said Children Share and share alike in the manner hereaf ter directed ---- Item, It is further my Will & desire that the said Trustees do immediately after the decease of my Wife Susannah Faucett, or so soon thereafter as may be convenient divide the Land & Negroes (Sally excep ted) among my Children, or to sell and dispose of the said Land and Negroes and their Increase and divide the proceeds of said Sale among my Children in the manner herein after directed --- Item, It is my Will and desire that the said Trustees do on the marriage of either of my Daugh ters deliver to them, one Horse & Saddle, One Bed & furniture, two Cows, and such potts, plates and Chairs as have advanced to my daughters heretofore married, and the above mentioned Articles to be taken out of the Stock left on the plantation - Item, It is my Will and desire that the Negro Sally above devised to my Wife be on her death delivered to my daughter Rachel Faucett, and her value to be ascertained, which is to be debited to her as so much of her portion of my Estate -- Item, I do hereby authorise and empower the said Trustees at their discretion to deliver to my Chil- dren the property to be divided in manner before directed, as and for their own absolutely if in their Opinion such persons as them now un married may here after marry are worthy of hav ing it; but if they shall be of Opinion that it will be unsafe to confide the property to them, then it is my Will and desire, & the said Trustees are hereby directed to retain the property in their [page 3] Hands and to appropriate it in such manner as they may think most for the Advantage of such Child or Children, and such Child or Children as they or either of them may have --- And in Case any of my daughters should die unmarried or without Issue then it is my Will & desire that the said Trustees do apportion the Share of such Child or Children so dying unmarried or without Issue among the Survivors or the Children of the Survivors ---- Item it is my Will & desire that my Trustees do in apportioning & dividing my Estate among my Children charge the portion to be allotted to Margaret Woods Wife of Matthew Woods with the Sum of Sixty Dollars - the share or portion to be allotted to Mary Watham Wife of Charles Watham with the Sum of One Hun dred & Sixty dollars, and the Share or portion to be allotted to Lucy Smith Wife of William Smith with the sum of Eighty Dollars and Seventy five Cents, these different Sums having been actually ad- vanced by me to them before making this will --- Item It is further my Will & desire that if either of my daughters should remain unmarried at the death of my Wife that the said Trustees shall from time to time, so often as need be advance[d] to such daughters as remains unmarried so much of the share or portion of my Estate intended for her as may be competent for her Support ---- And in order to effectuate my Intention in creating Trus tees for carrying into effect this my last Will & Testament by executing the Uses herein created & appointed I do authorise & empower the Trustees hereby created to fill the Vacancy occasioned by death of either of them, by appointing some proper & discreet person, to fill such Vacancy [page 4] and the person so appointed is hereby vested with the same power & authority as these now created, and I do di rect that the appointment be made by the surviv ing Trustees by deed under their Hands & Seals, to be proven, or acknowledged in some Court of Record --- I do nominate and appoint my Friends Robert Faucett, Charles Watham, Matthew Woods and James Latta junr. Executors of this my last Will & Testament hereby revoking, disannulling & mak ing void all former Wills and Testaments by me made or published ---- In Testimony of all which I the said James Faucett the elder have here to set my Hand & Seal this Eighteenth day of July 1801 ----- Signed Sealed published } by James Faucett to be his } last Will and Testament in } James Faucett(seal) our presence who have hereto } set our Hands as Witnesses } thereof in his presence and } in the presence of each other} A Tatom Geo. Anderson Dan Cameron Jurat Matthew Woods qaulifd as Exr Recorded [handwritten copy of will - page 1] In the Name of God Amen. I James Faucett the elder of Orange County in the State of North Carolina being of Sound & disposing mind & memory do make con- stitute & appoint this my last will & Testament in manner & form following to Wit - I desire my Executors, hereafter named, to pay all my lawful debts as soon after my decease as the same can conveniently be done - I give & bequeath to my Well beloved Wife Susannah Faucett during her life the plantation on which I now live containing three hundred & ten acres together with all the stock of Horses, Cattle, Hogs & Sheep, Household [&] kitchen furniture & plantation utensils of what kind soever & the following Negroes to wit, Will Judy, Jenny, Sally, & Tom, - I give & bequeath to my trusty and well beloved friends Robert Faucett, Matthew Woods Charles Watham, & James Latta jr the following negroes & their increase, Hope Mary, Darkey Esther, George, Archy, & Sam for the following uses & special purposes hereafter named & also the land & slaves above mentioned devised to my Wife Susannah Faucett during her life, upon her death for the uses & purposes also hereafter named ---- Item It is my Will & desire that the Trustees above named do immediately on my decease as soon after as they shall think fit --- Divide the first above mentioned slaves devised to them for the uses hereafter named & appointed among my Children Share & Share alike -- [handwritten copy of will - page 2] Or sell & dispose of the said Negroes & their increase as to them may seem most advisable & divide the proceeds of Such sale among my said Children & Share & share alike in the man[n]er hereafter directed Item it is further my will & desire that the said trustees do immediately after the decease of my wife Susannah Faucett or so soon thereafter as may be convenient --- Divide the Land and Negroes Sally excepted among my children or to sell & dispose of the said land & negroes & their increase and divide the proceeds of said sale among my children in the manner herein after directed -+- Item it is my Will & desire that the said trustees do on the marriage of either of my Daughters deliver to them one Horse, & Saddle One Bed & furniture two cows & such pots plates & chairs as have advanced to my daughters heretofore married, and the above mentioned articles to be taken out of the stock left on the plantation --- Item it is my Will & desire that the Negro Sally above ["devised" x-out] devised to my wife be at her death delivered to my daughter Rachel Faucett & her value to be ascertained, which is to be delivered[orig: debited] to her as so much of her portion of my Estate -+- Item I do hereby authorise & empower the sd. trustees at their discretion to deliver to my children the property to be divided in manner before directed as & for their own absolutely if in their opinion such persons as those now unmarried may here after Marry are worthy of having it; but if [handwritten copy of will - page 3] they shall be of opinion that it will be unsafe to confide the property to them, the[n] it is my will & desire & the said trustees are hereby directed to retain the property in their hands & to approp[r]iate it in such manner as they may think most for the advan- tage of such ["children or" x-out] child or children as they or either of them may have - And in case any of my daughters should die unmarried or With out issue then it is my will & desire that the said trustees do apportion the share of such Child or children so dying unmarried or without issue among the survivors of[or?] the children of the survivors ---- Item It is my Will & desire that my trustees do in ["apportioning" x-out] apportioning & dividing my Estate among my Children charge the portion to be allot[t]ed to Margaret Woods Wife of Mathew Woods with the Sum of Sixty Dollars the share or portion to be allot[t]ed to Mary Watham wife of Charles Wat- ham in the sum of one Hundred & Sixty dollars and the share or portion to be allot[t]ed to Lucy Smith Wife of William Smith with the sum of Eighty Dollars & Seventy five cents, these different sums having been actually advanced by me to them before makeing[sic] this will --- Item It is my Will & desire that if either of my daughters should remain unmarried at the death of my wife that the said trustees from time to time So often as need be advance to such Daughters as remains unmarried so much of the Share or portion of my Estate intended for her as may be competant[sic] for her support ---- [handwritten copy of will - page 4] And in order to effectuate my intention in direc ting[?] trustees for carrying into effect this my last Will & Testament by executing the uses herein created appointed I do authorise & impower the trustees hereby created to fill the vacancy occasioned by Death of either of them by appointing some proper discreet person to fill such vacancy & the person so appointed is hereby vested with the same power & authority as these[?] now created, and I do direct that the appointment be made surviving trustees by deed under their hands & seals to be Recorded or acknowledged in some Court of record --- I do nominate & appoint my friends Robert Faucett Charles Watham Mathew Woods & James Latta jr. Executors of this my last will & Testament hereby revoking disanulling makeing void all for- mer Will & Testaments by me made or published In Testimony of all which I the said James Faucett the elder have hereto set my hand & seal this eighteenth day of July 1801 ----- Signed Sealed published by James Faucett to be his last Will & Testament } in our presence who have hereto } Set out hands as Witnesses thereof } James Faucett(sea) in his presence & in the presence } of each other ---- } A Tatom Geo. Anderson Dan Camrson [Will Book Volume D, page 309] In the Name of God Amen I James Faucett the elder of Orange County in the State of North Carolina being of sound and disposing mind and Memory, do make, constitute, & appoint this my last Will and Testament in manner and form following to Wit ~~~~ I desire my Executors hereafter named to pay all my Lawful debts as soon after my decease as the Same can conveniently be done I give and bequeath to my Well beloved Wife Susannah Faucett during her life the plantation on which I now reside containing three Hundred and ten Acres, together with all the Stock of Horses, Cattle, Hogs and Sheep, House- hold [&] Kitchen furniture and plantation Utensils of what kind soever, and the following Negroes towit Will, Judy, Jenny, Sally, and Tom ~~~~ I give and bequeath to my trusty and well beloved friends Robert Faucett, Matthew Woods, Charles Watham, and James Latta jr. the following Negroes and their increase, Hope Mary, Darkey, Esther, George, Archey, & Sam for the following uses & special purposes hereafter named and also the Land and Slaves above mentioned devised to my Wife Susannah Faucett during her life upon her death for the use[s] and purposes [also] hereaf ter named ~~~~ Item. It is my Will and desire that the Trustees above named do immediately on my decease as soon after as they Shall think fit di -vide the first above mentioned slaves divided [orig: devised to] them for the uses hereafter named and appointed a mong my Children, Share and Share alike, or sell and dispose of [the] said Negroes and their increase as to them May seem most advisable and divide the proceeds of Such sale, among my said Children Share and share alike, in the manner hereafter directed ~~~~ Item It is further my Will and desire that [the] Said Trustees do immediately after the decease of my Wife Susannah Faucett, or so soon thereafter as may be convenient divide the Land & Negroes [Will Book Volume D, page 310] Sally excepted among my Children or to sell and dispose of the said Land and Negroes and their increase and divide the proceeds of said Sale among my Children in the manner hereafter directed ~~~~ Item. It is my Will and desire that the Said Trustees do on the marriage of either of my Daughters deliver to them, one Horse & Saddle, one Bed & furniture, two Cows, and Such Pots, Plates & Chairs, as have Advanced to my Daughters hereto -fore Married, and the above Mentioned articles to be taken out of the stock left on the plantation Item It is my will and desire that the Negro Sally [above] devised to my Wife be at her Death deliver -ed to my Daughter Rachel Faucett, and her value to be ascertained, which is to be divided [orig: debited] to her as so much of her portion of my Estate ~~~~ Item I do hereby authorise and empower the said Trustees at their discretion to deliver to my Chil- dren the property to be divided in manner before directed, as and for their own absolutely if in their Opinion Such persons as them now unmar- ried, may hereafter marry are worthy of having it But if they shall be of opinion that it will be un- safe, to Confide the property to them, then it is my Will & desire, and the said Trustees are hereby directed to retain the property in their hands and to appropriate it in such manner as they may think most for the Advantage of such Children[sic] or Children, and such Child or Children as they or either of them may have ~~~~ And in Case any of my Daughters Should die unmarried or without issue, then it is my will and desire that the Said Trustees do appoint the [orig: apportion] the share of such Child or Children so dying unmarried or without issue among the Survivors, or the Children of the Survivors Item It is my Will and desire that [my Trustees] do in appointing [orig: apportioning] and dividing my Estate among my Children Charge, the portion to be allotted to Margaret Woods Wife of Mathew Woods with the Sum of Sixty Dollars ~~ The share or portion to be allot[t]ed to Mary Watham Wife of Charles Wortham[sic] [Will Book Volume D, page 311] with the Sum of One hundred and Sixty Dollars, and the Share or portion [to be] allotted to Lucy Smith Wife of William Smith with the Sum of eighty Dollars and Seventy five Cents, their different Sums being [having been] actually advanced by me to them before making this will Item It is further my Will and desire that if either of my daughters should remain unmarried at the death of My Wife, that the said Trustees shall from time to time, so often as need be advanced to such Daughter[s] as remains unmarried, so much of the share or portion of my Estate intended for her as may be competent for her support ~~~~ And in order to effectuate my Intention in creating Trustees for carrying into effect this My last Will and Testament by executing the Uses herein created and appointed I do author -ise and empower the Trustees hereby Created to fill the vacancy occasioned by Death of either of them, by appointing some proper and discreet person, to fill such vacancy and the person so appointed is hereby vested with some [the same] power and authority as these now Created, and I do direct that the appointment be made by the surviving Trustees by Deed under their hands and seals, to be proven, or acknowledged in some Court of Record I do nominate and appoint my friends Robert Faucett Charles Wortham, Matthew Woods and James Latta jr. Executors of this my last Will and Testament hereby revoking disannulling [and] mak ing void all former Wills & Testaments by me made or published ~~~~ In Testimony of all which I the said James Faucett the elder have hereto set my hand and Seal this eighteenth day of July 1801 ~~~~~ Signed Sealed published } James Faucett(seal) by James Faucett to be his } last Will & Testament in our } presence who have hereto } set our hands as Witnesses } thereof in his presence and } in the presence of each other} A Tatom } Geo. Anderson } Dan Cameron } [Will Book Volume D, page 312] Orange County May Term 1811 The Execution of the foregoing last Will and Testament of James Faucett Deceased was duly proved in Open Court by the Oath of Dan Cameron on of the subscribing witnesses thereto also Mathew Woods one of he Executors therein named and ordered to be recorded Test J. Taylor CC by T. Fergusson Additional Comments: Will Book Volume D, pages 309-312 Recorded May 1811 Estate papers comprise 35 pages and are found in a folder labeled "Faucett, James (1811)". Watham is render Wortham. After death of Matthew Woods, Elihu Woods became the administrator of the estate. Per inventory of 18? May 1811, signed by Mathew Woods: "twenty three negrows" Petition of Mar 1836 states "the widow Susannah Woods died intestate in the year 1835". Was this Susannah Faucett or perhaps Margaret Woods? "James Faucett left surviving line the following children: viz Polly who married your petitioner Charles Wortham, and is now dead leaving children - Betsey Woods married to Isaac Woods Peggy Woods the widow of Mathew Woods - Lucy married to William Smith, Rachael married to William Woods and Sally who died without issue or every having been Married and intestate before her mother" "...about thirteen negroes belonging to the estate..." Per a petition of 29 May 1839: Charles Wortham "removed many years since from this state & resides in the state of Tennessee" Mary Wortham "died some years ago in Tennessee" Susannah died "four or five years ago" [Estate Papers - Valuation and division of negroes 6 Jun 1811] North Carolina } A list of the valuation of the negroes of Orange County } James Faucett, last of said State, deced. appraised by James Latta, junr., Robert Faucett and William Cain the 6th day of June 1811 Wm Smith, received 4 negroes Joe at $300, Lila at $150 } Esther and children at $300 ------- } $750. 00 Matthew Woods received 4 negroes, George at $450 Arch } at $150, Dark at $200, Sal at $100 } 900. 00 Isaac Wood received 3 negroes, Sharp at $300, Moses } at $275 Dennard at $175 ---- } 750. 00 Wm Woods received 3 negros, Peter at $275, Luke at } $175, Samson at $130 ------------- } 580. 00 Charles Wortham received 3 negroes, John at $275 } Jesse at $325, Bill at $220 ----- } 820. 00 One Negro woman Darcas was value at $160 [sundry sales omitted] [Estate Papers - Inventory and Sale 2 Jan 1837] Chas: Worthen & others ex parte Report of Sales by Eli Woods, by order of last Term on a credit of none month from 2 Jany 1837 Purchasers names $ cts (1. Tract of Land on Back ) ( Creek Containing 205 acres) Charles Petigrew ( more or less 171 ~~ (1. Tract of Land on Litt-) ( le River Containing 300 ) Josiah Turner ( acres more or less ) 1201 ~~ William Dickson 1 Negro Man Tom 625 25 Josiah Turner 1 Negro Man Wilson 1250 ~~ Burrow Cheak 1 Girl Comfort 701 ~~ John M. Ray 1 Woman Darky ~~ 25 Josiah Turner 1 Girl Mary Ann 851 ~~ Zechariah Trice 1 Boy James 157 ~~ John Adkerson 1 Girl Susan 560 ~~ William Smith 1 Girl Milly & Child 1150 ~~ Do Do 1 Girl Harriett 360 ~~ Josiah Turner 1 Girl Aylsey & child 1101 ~~ William Smith ( 1. Woman Jane sold ) ( to lowest bidder ) 98 ~~ P.S. the $98 for Keeping Jane to be deducted of course from the amount of sales =========== $ 8225 50 98 $ 8125 50