Orange County NcArchives Wills.....Foust, George May 17, 1828 ************************************************ 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 382-384 Written: May 17, 1828 Recorded: May 1836 Testator: George Foust In the name of God Amen I George Foust of the County of Orange and State of North Carolina being well in body and of perfect mind and memory thanks be given unto God therefore Calling to mind the mortallity of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul into the hands of God that gave [it] and for my body I recommend it to the Earth to [be] buried in a Christian lik[e] manner hoping at the general resurrection I shall receive the same by the mighty power of God and touching such worldly Estate wherewith it hath pleased God to bless me with I give and devise and dispose of in the manner and form following ~~~~~~~~~~~~~~ Item 1 I give and bequeath unto my beloved wife Barbara one negro man too[two] negro woman ["and a negro" x-out] ["girl" x-out] to be of her own Choosing too[two] horses saddle and bridle too Cows and Calves and as much more of the stock as she Chooses to Keep with possession of the house and all She Chooses to Keep that is in Said house with the garden and so much of the plan- tation as she Chooses and where she pleases to take it likewise too hundred dollars in money Item 2 I give and bequeath unto my Son Daniel Foust too hundred and fifty too acres of land lying in Guilford County which I bought from my brother John Foust and John Cook [page 2] Item I give and bequeath unto my son George Foust the plantation whereon he now live[s] with a a[sic] piece of land[?] Joining the same which I bought from William Ray ~~~ ~~~~ Item I give and bequeath unto my son Peter Foust the plantation I bought from Wm Ray and a part [of] the plantation I bought from Old Woman Ray and her Son Robert likewise a part of the land I bought from James Ray to the Fayetteville Road from the Allemance to James line likewise all the tract of land I bought from Old Aron Sharp Likewise one negro man Known by the name of Charles Item I give and bequeath unto my Son William Foust the plantation I bought from John Ray and the other part of the aforementioned I bought from the Old Woman Ray and the other part I bought from James Ray as far the Fayett =ville Road to Pains[?] line likewise one hundred acres I bought from the heirs of the Widow Loy Likewise one negroe man known by the name of Nelson likewise one negro girl known by the name of Betsey Item I give and bequeath unto my Son Henry Foust the plantation whereon I now live and fifty acres I bought from James Tinnen likewise the plantation I bought from David Efland likewise one waggon and good team one good Still and the Hogshe[a]d belon[g]ing to the Same ~~~~~~~ Turn over [page 3] Likewise to Said Henry my set of Smith tools Likewise too beds and furniture one Corner Cup Board one Dresser one Clock one table which he Chooses at his Mothers death or when she pleases Likewise one Desk at his mothers disposal and as much as his other brothers got of farming utentials Likewise one negro boy known by the name Andy one negro girl by the name of Mary one negro boy by the name of Allen one third of the stock of Cows hogs and sheep Item I give and bequeath unto my daughter Catharine Wife of John Clap one negro boy named Isaac one horse and saddle too beds and furniture three Cows and Calves which the[y] have now in their possession Item I give unto my daughter Barbara Wife of Joseph Bason one negro boy Known by the name of Sam one horse and saddle Two beds and furniture three Cows and Calves which the[y] have in possession Item I give and bequeath unto my Daughter Salley wife of Jeremiah Holt one negro woman named Serah one horse and saddle too beds and furniture three Cows and Calves which the[y] have now in the[i]r possession [page 4] Itim I give and bequeath unto my grand daughter Salley daughter of my son John Foust Deceased one half the plantation that I had allowed for my son John Foust and fifty dollars in money to my great grad daughter Barbara Catharine Albright the other half of said plantation that my son John Foust lived on Itim [??? x-out] All the land not given away by this to wit several plantations all my negroes not hereby all my stock of Every Kind not herein Willed to be Equally divided amongst all my sons and daughters now living to wit Daniel Foust George Foust Peter Foust William Foust Henry Foust Catharine Clap Barbara Bason Salley Holt at the death of my Wife I do allow all the property the property[sic] I have willed her to [be] Equally devided amongst my above named sons and daughters at the death of my wife I do allow Twelve doolars of my Estate to be put to the use of get[t]ing head and feet stones for the graves of me and my wife I further do appoint my sons George Foust Peter Foust William Foust and Henry Foust Executors of this my last Will and Testament in whereof I have set my hand and Seal this Seven- =teenth day of May 1828 Test George Foust (seal) Joseph Clendenen By reason of the death of all the witnesses John Holmes to the execution of this my last will, I the Testator George A.D. Murphey Foust do now republish the same as my will & testament this 18th day of September A.D. 1833. - Witnesses Thomas Ruffin Jurat George Foust Will K. Ruffin [Will Book Volume E, page 382] In the name of God Amen I George Foust of the County of Orange and State of North Carolina being well in body and of perfect mind and memory thanks be given unto God therefore Calling to mind the Mortality of my body and knowing [Will Book Volume E, page 383] that it is appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of all I give and recommend my Soul into the hands of God that Gave [it] and for my body I recommend it to the Earth to be buried in a Christian like manner hopeing at the General resurrection I Shall receive the same by the mighty power of God and t[o]uching such Worldly Estate wherewith it hath pleased God to bless me with I Give and desire[devise] and dispose of in the manner and form following Item 1 I give and beq= =ueath unto my beloved Wife Barbra one negro man two negro woman[sic] to be of her own Choosing too[two] Horses Saddle and Bridle two Cows and Calves and as much more of the Stock as she Chooses to Keep with possess =ion of the H[o]use and all She Chooses to Keep that is in Said House With the Garden and so much of the plantation as she Chooses and where she pleases to take it likewise two Hundred Dollars in Money Item 2th I give and bequeath unto my son Daniel Foust two Hundred and Fifty ["Dollars" x-out] two Acres of land lying in Guilford County Which I bought from my brother John Foust and John Cook Item I give and bequeath unto my son George Foust the plantation whereon he now live[s] with a piece of land[?] adjoining the same Which I bought from William Ray (Item) I give and bequeath unto my son Peter Foust the plantation I bought from William Ray and a part [of] the plantation I bought from Old Woman Ray and her Son Robert likewise a part of the land I Bought from James Ray to the Fayetteville Road from the [x-out] Allemance to James line likewise all the tract of land I bought from Old Aaron Sharp Likewise one Negro Man Known by the name of Charles (Item) I give and bequeath unto my Son William Foust the plantation I bought from John Ray and the other part of the aforementioned I Bought from the Old Woman Ray and the other part I Bought from James Ray as far the Fayettville Road to Pains line likewise one hundred Acres I bought from the heirs of the Widow Loy Likewise one negro man Known by the name of Nelson likewise one Negro Girl Known by the name of Betsey (Item) I give and bequeath unto my [Son] Henry Foust the plantation whereon I now live and fifty Acres I bought [from] James Tinnen likewise the plantation I bought from David Efland likewise one Waggon and Good team one good Still & the Hogshead belonging to the same Likewise to Said Henry my set of Smith Tools Likewise two beds and furniture One Corner Cupboard one Dresser one Clock ~~ One Table which he Chooses at his Mothers death or When she pleases Likewise One Desk at his mothers disposal and as much as [his] other Brothers got of farming utenseals likewise One negro boy known by the name Andy One negro Girl by the name of Mary One negro boy by the name of Allen One third of the stock of Cows hogs & sheep (Item) I give and bequeath unto my daughter Catharine Wife of [Will Book Volume E, page 384] John Clap one negro boy named Isaac One Horse and saddle two beds and furniture three Cows and Calves which the[y] have have[sic] now in their Possession (Item) I give unto my daughter Barbara Wife of Joseph Bason one negro boy Known by the name of Sam one Horse and Saddle Two beds and furniture three Cows and Calves which the[y] have in possession (Item) I give And bequeath unto my Daughter Sally wife of Jeremiah Holt one negro woman named Serah one Horse and saddle two beds & furniture three Cows and Calves which the[y] have now in their possession (Item) I give and bequeath unto my Grand Daughter Sally daughter of my son John Foust Deceased one half the plantation that I had allowed for my son John Foust and fifty Dollars in Money to my Great grad daughter Barbarra Catharine Albright the Other half of said plan= =tation that my son John Foust lived on (Item) All the land not given away by this to wit Several plantations all my negroes not hereby all my Stock of every Kind not herein Willed, to be Equally divided among all my sons and daughters now living to wit Daniel Foust George Foust Peter Foust William Foust Henry Foust Catharine Clap Barbaroa[sic] Bason Sally Holt at the death of my Wife I do allow all the property the property[sic] I have Willed her to be Equally divided amongst my above named Sons and daughters at the death of my Wife I do allow Twelve Dollars of my Estate to be put to the use of Get[t]ing head and feet stones for the Graves of me and my Wife I further do appoint my sons George Foust Peter Foust William Foust and Henry Foust Executors of this my last Will and Testament in whereof I have set my hand and seal this Seventeenth day of May 1828 } George Foust (seal) Test } } By reason of the death of all the witnesses Joseph Clendenen } to the execution of this my last will, I the Testator George John Holmes } Foust do now republish the same as my will & testament A D Murphey } this 18th day of September A.D. 1833. - Witnesses Thomas Ruffin George Foust Will. K. Ruffin Orange County May Term 1836 The Execution of the foregoing Last Will and Testament of George Foust Decd. was duly proved in open Court by the Oath of Thomas Ruffin One of the subscribing Witnesses thereto and ordered to be Recorded at the same time George Foust Peter Foust William Foust & Henry Foust the Executors therein named ap[p]eared in in[sic] Open Court and Qualified Accordingly Additional Comments: Will Book Volume E, pages 382-384 Recorded May 1836 Estate papers comprise three pages and are found in folder labeled "Foust, George, Sr. (1836)". Includes distribution of testator's slaves. [Estate Papers - Division of Negroes 11 Apr 1836] We David Foust, George Foust, Peter Foust William Foust, Henry Foust, John Clapp, Joseph Bason and Jeremiah Holt legatees under the will of George Foust Senr deceased have alloted and distributed the negroes of said deceased amongst said legatee as follows. Viz To Daniel Foust Moreau, Edward George Foust Jesse, Thomas Peter Foust -- Jeremiah, Hannah William Foust - Giles, Mitchell Henry Foust Billy, Fanny, Emanuel, John, Martha John Clapp - Isaac, Hannah Joseph Bason - Frank, Jane Jeremiah Holt, Amy, Daniel, Diana, Mary, Harriet To have & hold said negroes to each, as alloted above, his Heirs, executors and administrators against as several our Heirs, executors and administrators. In Witness whereof we have hereunto set our hand and seals this 11th day of April 1836 N. Albright Jurat Daniel Foust (seal) William M. Rogers Geo. Foust (seal) Peter Foust (seal) Joseph Bason (seal) William Foust (seal) Henry Foust (seal) Jeremiah Holt (seal) John Clapp (seal)