Orange County NcArchives Wills.....Fitch, Thomas December 15, 1832 ************************************************ 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 E, pages 365-366 Written: December 15, 1832 Recorded: Nov 1835 Testator: Thomas Fitch In the name of God Amen I Thomas Fitch of the County of Orange and State of No.Carolina, being of sound and perfect mind and memory (blessed be God) do this Fifteenth day of December in the year of our Lord One thousand eight hundred and thirty two, make and publish this my last will and Tes- tament in manner and form following, (that is to say) ~~~ First I give and bequeath to my ~~ grandson, Thomas Fitch son of my son James Fitch A certain Tract or parcel of Land lying and being in the county and State aforesaid, bounded as follows, beginning at a Popular[sic] on the West side of Stony Creek Jacob Garrison's corner, thence down the creek to the mouth of Toms[?] Creek, then up Toms Creek to a Mulberry stump an old corner Thence East a long an old line to Poast Oak James Grahams line Thence south to Burches Corner, Thence along Burches line to Stony Creek to a Burch Thence across the Creek to Hickory, thence up the creek to the Popular the first station ~~~ ~~~ ~~~ Item 2nd I give and bequeath to my son Empson Fitch, The balance of my Land whereon I now reside including my mansion House with a reserve to be hereafter mentioned to be his & his heirs forever ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ Item 3rd I give and bequeath to my Daughter Mary Fitch who has been a Kind and faithful child my Kitchen for a Dwelling House during [page 2] Life or as long as she remain single with a free passage to and from spring or otherwise, with the use and benefit of a lot commonly called the manured Lot, Toward the meeting House and at Her death or marriage to return to Empson with the balance of the Land ~~~ And I further give and bequeath to my Daughter Mary two Beads and furniture, Together with the House- -Hold and Kitchen Furniture, ~~ Also my Bay mare Called the Archy mare ~~ Also one fourth part of my stud horse Constitution either by keeping of him or by the sale of him, which ever they may think proper to do after my decease ~~ and I further give to my Daughter ["with the" x-out] Mary with the exception of one Cow and calf, to be ~~ hereafter mentioned, one half of my stock of Cattle Sheep and Hogs, to be hers forever ~~ And I further give and bequeath to my son Empson Fitch Three fourths of my said Stud Horse Constitution Also, my old black Horse and old sorrel Mare my young sorrel Horse Fingul Together with his bead and furniture, and the other half of my stock of Cattle Sheep and Hogs with a proviso that he collects my outstanding debts or sells any part of the property bequeathed him to pay my Just and lawful debts, together with my funeral charges, ~~ Also to pay Thirty five dollars in A Horse or money to be hereafter mentioned and then the balance to be his forever Item 4th I give and bequeath to my daughter Barbara Barker wife of George Barker one Cow [page 3] And Calf and no more to be hers forever ~~~ ~~~ ~~~ Item 5th I give and bequeath to my Daughter Susanna Younger one beast at thirty five dollars by valuation or thirty five dollars in cash which ever my son Empson may think proper to do, to be hers and her husband Joseph Younger's forever and to have no more ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ Item 6th I give and bequeath to my son James Fitch one dollar ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ Item 7th And last I give and bequeath to my son William Fitch Two dollars in money and no more --- And I hereby make and ordain my worthy friends George Martin and my son Empson Fitch, executors of this my last will and Testament In witness whereof I the said Thomas Fitch have to this my last will and Testament, set my hand and seal, the day and date first above written Signed and sealed in the presence of us who were present at the signing and delivery of the same ~~~~~~~~~~~~~~ Thos. Fitch (seal) Teste Caleb Wilson } } Jurat John Fitch } Empson Fitch qualified Geo Martin renouncing [Will Book Volume E, page 365] In the name of God Amen I Thomas Fitch of the County of Orange and State of North Carolina being of Sound and perfect mind and memory (blessed be God) do this the Fifteenth day of December in the year of our Lord One thousand eight hundred and thirty two make and publish this my last will and Testament in manner and form following (that is to say) First I give and bequeath to my Grand son Thomas Fitch son of my son James Fitch A certain Tract or parcel of Land lying and being in the County and State aforesaid bounded as follows beginning at a popular[sic] on the West Side of Stony Creek Jacob Garrison's corner thence down the Creek to the mouth of Toms Creek thence up Toms Creek to a Mulberry Stump an old corner Thence Eeast a long an old line to Poast Oak James Grahams line Thence south to Burches Corner Thence along Burches line to Stoney Creek to a Burch Thence a Cross the Creek to Hickory Thence up the creek to the Popular the first station ~~~ Item 2nd I give and bequeath to my son Empson Fitch the balance of my Land whereon I now reside including my mansion House with a reserve to be hereafter mentioned to be his and his heirs forever ~~~~~~ Item 3rd I give and bequeath to my Daughter Mary Fitch who has been a Kind and faithful Child my Kitchen for a Dwelling House during Life or as long as she remain single with a free pas[s]age to and from spring or otherwise with the use and benefit of a lot Commonly called the manured Lot. Toward the Meeting House and at her death or marriage to return to Empson with the balance of the Land ~~ And I further give and bequeath to my daugh =ter Mary two Beds and ferniture Together with the House Hold and Kitchen Ferniture ~~ Also my Bay mare Called the Archy Mare Also one fourth part of my Stud Horse Constitution either by Keeping of him or by the sale of him which ever they may think proper to do after my decease ~~ and I further give to my daughter Mary with the exception of one Cow & Calf to be hereafter mentioned One half of my stock of Cattle Sheep and Hogs to be hers forever And I further give and bequeath to my son Empson Fitch Three fourths of my said Stead[stud] Horse Constitution Also, my old black Horse & and[sic] old sorrel Mare my yound [young] sorrel Horse Fengul Together with his bed and furniture, and the other half of my stock of Cattle Sheep and Hogs with a proviso that he collects my outstanding debts or sells any part of the property bequeathed him to pay my Just and lawful debts together With my funeral charges Also to pay Thirty five Dollars in A Horse or money to be hereafter mentioned and then the balance to be his forever Item 4th I give and bequeath to my daughter Barbara Barker Wife of George Barker One Cow and Calf and no more to be hers forever Item 5th I give and bequeath to my Daughter Susanna Younger one beast at thirty five Dollars by valuation or thirty five dollars in Cash which ever my son Em =pson may think proper to do to be hers and her husband Joseph Youngers forever and to have no more ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ [Will Book Volume E, page 366] Item 6th I give and bequeath to my Son James Fitch one Dollar Item 7th and last I give and bequeath to my Son William Fitch two dollars in Money and no more ~~~~ And I hereby make and ordain my Worthy friends George Martin and my Son Empson Fitch Executors of this my last will and Testament In Witness whereof I the said Thomas Fitch have to this my last Will and Testament set my hand and seal the day and date first above Written Signed and sealed in the presence of us who were present at the signing and delivery of the same Test Thomas Fitch (seal) Caleb Wilson John Fitch Orange County November Term 1835 The Execution of the foregoing Las[t] Will and Testament of Thomas Fitch decease was duly proved in open Court by the oath of Caleb Wilson and John Fitch the subscribing Witnesses there to and ordered to be Recorded ~~ At the same time Empson Fitch one of the Executors therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 365-366 Recorded Nov 1835 No estate papers found