Orange County NcArchives Wills.....Foust, Daniel August 16, 1826 ************************************************ 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 124-125 Written: August 16, 1826 Recorded: Nov 1826 Testator: Daniel Foust Be it known that I Daniel Foust of the County of Orange and State of North Carolina being of Sound Mind and Memory and Cal[l]ing to Mind the Mortality of my body knowing that it is appointed for all men once to die do this the Sixteenth day of August in the year of our Lord one Thousand Eight Hundred & Twenty Six Make and ordain this my Last Will & Testament in Manner following as touching my worldly Estate as it hath pleased God to Bless me with Viz First I constitute and appoint my beloved wife Sarah Foust my whole and sole Executor[sic] of this my last Will and Testament Item first I give and bequeath unto my Worthy Friend Robert Grahams one Plantation known by the name of the Lindley Place Containing two Hundred & Twenty Six Acres More or less to him & his Heirs for ever on these express Conditions that he the said Robert Grahams shall take Posseshion of said Plantation Immediately after my deceas[e] or as soon there after as the crop that may then be there on can be conveniently Harvested and gathered off said Prantation[sic] and that he shall give to my said wife Sarah Foust one Thirt[sic] part of the product of said Plantation yearly that is a third part of all the grain and produce made on said Plantation yearly during her Natural life Item Second I Will & Bequeath unto my Nephew Daniel Foust (son of Peter) my Plantation known by the name of the Marshill Place also another tract known by the name of the New entry Both ["Tract" erased] these Tracts I will & bequeath unto him and his Heirs for ever upon these express Conditions that he shall take the Land into Posishien[possession] Immediately after my deceas[e] and give to my beloved wife one third part of the produce thereof yearly during her Natural life - Item Third I give and Bequeath unto my beloved wife Sarah Foust the whole of the remainder of my Estate both real and Personal for ever to her her heirs and assigns for ever I also Constitute and appoint my beloved Friend Robert Grahams to aid and appoint in the execution of this my last will & Testament ["in" x-out] Witness my hand & seal this 16th day of August AD 1826 Signed & acknowledged in the presence of John Newlin } his Solomon Allen } affd. Daniel (+) Foust (seal) William Allen } mark [Will Book Volume E, page 124] Be it known that I Daniel Foust of the County of Orange & State of North Carolina being of Sound mind and memory and Calling to mind the mortality of my body ~~ knowing that it is appointed for all men once to die do this the Sixteenth day of August in the Year of our Lord one thousand Eight hundred and twenty Six make & ordain this my last Will and Testament in manner following As touching my worldly Estate as it hath pleased God to Bless me with, Viz, [First] I constitute and appoint my beloved wife Sarah Foust my whole & sole Executor[sic] of this my last Will and Testament ~~ Item first ~~ I give and bequeath unto my worthy friend Robert Grahams one Plantation known by the name of the Lindley Place Containing Two hundred & twenty Six Acres more or less to him & his heirs for ever on these express Conditions, that he the Said Robert Grahams shall take possession of said Plantation immediately after my decease or as Soon thereafter as the Crop that may then be thereon can be conven= iently harvested & gathered off Said Plantation ~~ And that he shall give to my Said Wife Sarah Foust one third part of the Product of said Plantation yearly that is a third part of all the grain & produce made on said plantation yearly during her natural life ~~ Item Second ~~ I will & bequeath unto my nephew Daniel Foust (son of Peter) my plantation known by the name of the Marshill place ~~ Also another Tract known by the name of the New Entry, both these Tracts I will and bequeath unto him & his heirs forever upon these express condition that he shall take the land into possession immediately after my decease & give to my beloved wife one third part of the produce thereof yearly during her natural Life ~~ Item third I give and bequeath unto my beloved wife Sarah Foust the whole of the remainder of my Estate both real & personal forever to her her heirs and assigns forever I also constitute and appoint my beloved friend Robert Grahams to aid & appoint in the Execution of this my last Will & Testament ~~~ Witness my hand & seal this 16th day of August A.D. 1826 his Signed & acknowledged in the presence of Daniel (X) Foust (seal) John Newlin mark Solomon Allen William Allen Orange County November Term 1826 The Execution of the foregoing last Will and Testament of [Will Book Volume E, page 125] Daniel Foust decd. was duly proved in open Court by the affirmations of John Newlin, Solomon Allen & William Allen subscribing Witnesses thereto & Ordered to be recorded Test Additional Comments: Will Book Volume E, pages 124-125 Recorded Nov 1826 Estate Papers comprise 29 pages and are found in folder labeled "Foust, Daniel (1827)". The testator's widow, Sarah, later married Richard Freeman Note 1: Spelling of these names is highly doubtful. The scribe for the inventory did not use standard spellings. [Estate Papers - Deposition 15 Jan 1840] State of North Carolina } Orange County } In Pursuance of a Commission to us directed from our Court of Pleas and Quarter Session Novr term bearing date the 25 January 1840, we Caused Richard Thompson and Rachael Thompson to come before us to testify and their deposition to take as evidence in behalf of John Newlin in a certain matter of controversy now pending in our Court of Pleas and Quarter Sessions wherein John Newlin is Plaintiff and Richard Freeman and others are defendants on the 17th day of February Richard Thompson and Rachael Thompson being duly sworn 1st Richard Thompson deposeth and sayeth --- Question by the plaintiff Newlin ["Whether" x-out] Were you acquainted with Daniel Foust and intimate in his family during his life time also with Sarah his widow during her widowhood and since her marriage with the deft Freeman Answer I was 2. Question by the plaintiff do you not know that Danl Foust was not on Friendly terms with his relations and also whether or not there was an unfriendly feeling between Sarah Freeman and her relations Answer If there was unfriendly feeling in either case it was not divulged to me 3d Question by Plaintiff did you ever hear Sarah Freeman say any thing in regard to Richd Freeman shinc her married with him Answer I heard her say during the time that Rcd/ Freeman was gone after the boy that was then hired on the railroad that she expected--- [page 2] it would take the hire of sd negro and proceeds of the load of produce to pay the schooling of Franklin the son of Richd. Freeman who was then going to school at Wake Forest Question by deft Freeman Did you ever hear Sarah Freeman my wife say any thing relative to what she wanted done with her slaves after her death and if so when and what did she say on the subject Answer Some 8 or 10 years ago I asked Sarah Freeman to will me a negro boy during my life time she answered no and said you know Danl Foust's will that he intended his slaves should not be slaves for any person and that she Sarah Freeman intended to carry out sd will is She could at another time perhaps two years ago I mentioned the subject to her again she said no that when she was done with this troublesome world her slaves should enter into freedom Rachael Thomps[on] having been duly sworm deposeth and sayeth --- Question by the plaintiff Newlin did you ever hear Sarah Freeman say any thing ["concerning the distribution"] in regard to her property Answer I heard her say some twelve months ago that the daughterinlaw of Richd Freeman had been making enquiry of her negroes what disposition she Sarah Freeman was going to make of her property where they the negro[s] did no exp ect she ["wou" x-out] Sarah Freeman would leave her property to Richd Freeman She Sarah Freeman said they need not concern themselves about her property as she did not intend to concern herself with theirs Question by the deft Freeman ["Did you ever hear my wife Sarah" x-out] did ever you hear otherwise during the whole course of our cove[r]ture but that I treated my wife Sarah with kindness and affection Answer I never did And further these deponent Sayeth not his Richard (-) Thompson mark her Rachael (+) Thompson Sworn to and mark subscribed before us this 17th Feby 1840 J Holt JP John Stafford JP [Estate Papers - Inventory - see Note 1] The invatory[sic] of the Estat[e] of the late Daniel Foust deseased is as follows to [w]it Negroes Jacop, James, Simon, Samuel, Peter, Ned, Alford King, Emsley, John, Calvin, Anders, Cisiah, Elender, Nancy Sealey, Luhanney, Emineley, Buggey, Biythey, Leney [sundry items] [Will Book Volume B, page 81] Know all men by these presents that I John McDaniel of Cane Creek settlement Orange County & State of North Carolina for and in consideration of the Article hereof mentioned paid to me down in hand paid by Daniel Foust of County aforesaid the receipt whereof I do hereby acknowledge myself therewith fully & entirely satisfied have bargained Sold & delivered and by these presents in plain and open market according to the Just and due form of Law in that case made and provided do Bargain set over and deliver unto the said Daniel Foust one bay Horse five yards fulled Cloth three [curied ???] Petticoatt Sixteen pounds hard money Twelve pounds paper money one guinea[?] to have and to hold the said bargained premises unto the said Daniel Foust his Executors Administrator and assigns forever and I the said John McDaniel and Mary his wife for ourselves our executor & Administrator the said Bargained Premises unto the said Daniel Foust his Executors Administrators and assigns against all & all manner of persons shall and will warrant and forever defend by these presents In witness whereof together with the deliver of the Bargained premises we have hereunto set our hands and Seal this Twentieth day of January 1790 Signed Sealed & delivered } John McDaniel (seal) In the presence of } her John Morry } Mary (X) [Mc]Daniel (seal) James Neal Jurat mark February Term 1790 The Execution of the above Bill [of] Sale was proved by the affirmation of Isaac Neal & ordered to be Recorded