Orange County NcArchives Wills.....Fogleman, George February 28, 1843 ************************************************ 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 380-382 Written: February 28, 1843 Recorded: Nov 1847 Testator: George Fogleman I George Fogleman 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 and form following that is to say ~~~~ First ~~ That my executor (herein after named) shall provide for my boddy a decent burial suitable to the wishes of my relations and friends, and pay all funeral expenses, together with my Just debts howsoever and to whomsoever owning, out of the Mon =eys that may first come into his hands as a part or parcel of my estate ~~~ Item ~~ I give and devise to my b[e]loved Wife Rachel the tract of Land whereon I now live and the tract Known & Called the Pigot tract including my mansion house and all out houses and other improvements to have and to hold to hir the said Rachel for and dureing the term of hir natural life ~~~ Item ~~~ I give and bequeath to my b[e]loved wife Rachel all my household & kitchen furniture all my Sto =ck of Horses, Cattle, Sheep, and hogs, all my farming tools of whatever description; my smiths tools wagon & gear, carriage and harness and all the crop of whatever discription[sic] that may be growing on the plantations, & all the provisions that may be on hand at the time of my death ~~~~ Item ~~ I give and devise to my Daughters Elizabeth wife of John Johnson and Sally Wife of Soloman Albright after the death of my Wife, the tract of land whereon I now live and the Pigot tract to be valued at a fair valuation and devided equally between them the said Elizabeth and Sally and should one tract of be valued at a higher rate than the other, the one getting the most valuable tract shall pay over to the other of less value, to them and their heirs in fee simple forever ~~~~~~~~ [page 2] Item ~~~ It is my Will and desire that after the death of my beloved Wife Rachel that all my perishable property of whatever description (except my negro Slaves) be sold and equal[l]y devided between my daughters Elizabeth and Sally and my grand Son Simpson Vestil Share and Share alike ~~~~ Item ~~~ It is my Will and desire that immediately after the death of my wife Rachel, that all my negro slaves be valued and devided equ =ally between my daughters Elizabeth and Sally and my grand son Simpson Vestil Share & Share alike and should it not be convenient to make each lot of the same value, then in that case the one receiving the most valuable lot shall pay over to those of less value so as to make each equal ~~~ Item ~~~ And whereas I have made certain advances to my daughters Elizabeth and Sally and my grand son Simpson Vestil, none of which is to be taken in to consideration in the settlement of my estate but to remain theirs And lastly I hereby appoint my grand Son Simpson Vestil my lawful executor to this my last Will and testament, hereby revoking and declaring utterly void all other Wills and testaments by me heretofore made ~~ In witness whereof I George Fogleman do hereunto set my hand and seal this 28th day of February 1843 ~~ George Fogelmane (seal) Signed Sealed and published in the presence of us ~~~ Edwin M Holt Senr. John Baynes [page 3] Codicil to the foregoing Will Whereas I George Fogelman have made my last Will & testament in writing bearing date 28th February AD 1843 & have made thereby sundry devices & bequests according to the then existing cir cumstances of my estate but which circumstances have materially changed having sold the Tract of land Known as the Pigot tract which I bequeathed to my Daughters Betsy & Sally ~~~ I Will & devise to by Daughters Betsy & Sally the tract of Land lately purchased of my GrandSon Simpson Vestil which I shall call the Warson[?] tract the said tract of Land to remain in possession of my Wife during hir life & after hir death to them & their heirs It is my will & desire that my wife Rache[l] have all my lands during hir life & after hir death to be divided between my daughters Elizabeth & Sally each tract to be valued by themselves if they can agree & draw from them & the one getting the most valuable tract to pay over to the other if less value ~~~ In testimony whereof I hereunto Set my hand & Seal this 3rd day of September AD 1846 ~~ Signed Sealed & declared George Fogelman (seal) in the presence of us Edwin M Holt Wm. Zarchary Exr qualified [Will Book Volume F, page 380] I George Fogleman of the County of Orange and State of North Carolina being of Sound mind and memory, but considering the uncertain= ty of my earthly existence do make and declare this my last will and testament in manner and 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 relation[s] & friends, and pay all funeral expenses, together with my Just debts howsoever and to whomsoever owning, out ["out" x-out] of the moneys that may first come into his hands as a part or par= cel of my estate ~~~ Item ~~ I give & devise to my beloved wife Rachel the tract of Land whereon I now live and the tract Known & Called the Pigot tract including my Mansion house and all out houses [Will Book Volume F, page 381] and other improvements to have & to hold to her the said Rachel for & during the term of her natural life Item I give and bequeath to my beloved wife Rachel all my household & Kitchen furniture all my Stock of horses, Cattle, Sheep, and hogs, all my farming tools of whatever description, my Smiths tools wagon & gear, Carriage and harness and all the crop of whatever description that may be growing on the plantation[s], & all the provisions that may be on hand at the time of my death ~~~ Item I give and devise to my Daughters Elizabeth wife of John Johnson and Sally wife of Solomon Alb= right after the death of my wife, the tract of land whereon I now live and the Pigot tract to be valued at a fair valuation and divided equally betw= een them the said Elizabeth and Sally and should one tract of be valued at a higher rate than the other, the one getting the most valuable tract Shall pay over to the other of less value, to them and their heirs in fee simple forever ~~~~ Item It is my Will & desire that after the death of my beloved wife Rachel that all my perishable property of whatever description (except my negro Slaves) be sold and equally divided between my daug= hters Elizabeth & Sally and my grand-son Simpson Vestal Share & Share alike Item It is my Will & desire that immediately after the death of my wife Rachel, that all my negro Slaves be valued & divided equally between my daughters Elizabeth and Sally and my grand son Simpson Vestal Share & Share alike and should it not be convenient to make each lot of the same value, then in that case the one receiving the most valu= able lot shall pay over to those of less value so as to make each equal ~~~ Item And whereas I have made certain advances to [Will Book Volume F, page 382] my daughters Elizabeth and Sally and my grand Son Simpson Vestil[sic], none of which is to be taken into Consideration in the Settlement of my estate but to remain theirs And lastly I hereby appoint my grand Son Simpson Vestil my lawful executor to this my last Will and Testament, hereby revo= King & declaring utterly void all other Wills & Testaments by me heretofore made In witness whereof I George Fogleman do hereunto set my hand & Seal this 28th day of February 1843 Signed Sealed and George Fogelman (seal) published in the presence of us Edwin M Holt Senr. John Baynes Codicil to the foregoing Will Whereas I George Fogelman have made my last will and testament in writing bearing date 28th February AD 1843 & have made thereby sundry devises & bequests according to the then existing circumstances of my estate but which circumstances have materially changed having sold the tract of land Known as the Pigot tract which I bequeathed to my daughters Betsey & Sally I will & devise to by daughters Betsey & Sally the tract of land lately purchased of my grand Son Simpson Vestil which I shall call the Warsen tract the said tract of land to remain in possession of my wife during her life and after her death to them & their heirs It is my will and desire that my wife Rachel have all my lands during her life and after her death to be divided between my daughters Elizabeth & Sally each tract to be valued by themselves if they can agree & draw for them and the one getting the most valuable tract [Will Book Volume F, page 383] to pay over to the other of less value ~~~ In testimony whereof I hereunto Set my hand & Seal this 3rd day of September AD 1846 ~~ Signed Sealed & delivered in the presence of us George Fogelman (seal) Edwin M Holt Wm. Zarchary Orange County November Term 1847 The execution of the foregoing last Will & Testament of George Fogleman decd was duly proved in open Court by the oath of Edwin M Holt one of the subscribing witnesses thereto & ordered to be recorded ~~~ Whereupon Simpson Vestal the Executor therein named appeared in open Court & qualified accordingly Test Additional Comments: Will Book Volume F, pages 380-382 Recorded Nov 1847 Estate Papers comprise 10 pages and are found in a folder labeled "Fogleman, George (1848)". No family history found.