Orange County NcArchives Wills.....Foust, Henry October 17, 1839 ************************************************ 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 53-54 Written: October 17, 1839 Recorded: May 1840 Testator: Henry Foust In the name of God Amen I Henry Foust of the County of Orange and State of North Carolina being weak in body but of sound mind and memory do make and ordain this as my last will and Testament in manner and form as follows Vizt First it is my wish that my executor pay all the necessary expenses of my funeral and that a sufficiency of my estate be appropriated to have that done in a decent Christian like manner and that he purchase or Cause to be purchased a Tomb Stone worth Twenty eight Dollars for myself and also a Tomb Stone for my child George A Foust worth Fifteen Dollars Secondly it is my wish and desire that all my property of every kind whatever shall be left in the hands of my wife Caroline R. Foust at her disposal and management Together with that of my executor So long as she remains a widow or until my Children Marry Thirdly it is my wish and desire that when my Children both marry that a division of my estate shall take place among my wife and children, my Children to receive what the law would allow them of my estate as if I had made no will Fourthly, it is my wish and desire that my two Children Robert M. Foust and William M Foust shall be educated agreeable to their Circumstances in life, and if my wife should seem to neglect that duty it is my [page 2] My wish and desire that my executor shall attend to their education and see that my wish is Complied with I hereby Constitute and appoint my brotherin law William M. Mebane executor of this my last Will and Testament dated this 17th day of October in the year of our lord 1839 Signed and Sealed in presence of Wm. Holt Michl. Wm. Holt Henry Foust (seal) Exr qualified [Will Book Volume F, page 53] In the name of God Amen I Henry Foust of the County of Orange and State of North Carolina being Weak in body but of sound mind and memory do make and ordain this as my last Will and Testament in manner and form as follows (towit) First it is my wish that my Executor pay all the necessary expences of my funeral and that a Sufficiency of my estate be appropriated to have that done in a decent Christian like manner and that he purchase or Cause to be purchased a Tomb Stone worth twenty eight Dollars for my self and also a Tomb Stone for my Child George A Foust [Will Book Volume F, page 54] worth Fifteen Dollars ~~~ Secondly it is my wish and desire that all my property of every Kind whatever shall be left in the hands of my Wife Caroline R Foust at her disposal and management together with that of my Executor So long as she remains a widow or untill my Children Marry Thirdly ~~ it is my wish and desire that when my Children both marry that a division of my estate shall take place among my Wife and Children my Children to receive what the law would allow them of my estate as if I had made no will ~~ Fourthly it is my wish and desire that my two Children Robert M Foust and William M Foust Shall be educated agreeable to their Circumstances in life and if My Wife Should Seem to neglect that duty it is my Wish and desire that my Executor shall attend to their education and see that my wishes[sic] is Complied with I hereby Constitute and appoint my brother-in-law William M Mebane Executor of this my last Will and Testament dated this 17th day of October in the Year of our Lord 1839 Signed and Sealed in presence of Wm. Holt Henry Foust (seal) Michl. Wm. Holt Additional Comments: Will Book Volume F, pages 53-54 Recorded May 1840 Estate Papers comprise 65 pages and are found in folder labeled "Foust, Henry (1840)". Testator's widow Caroline Rebecca Foust married Daniel C. Hardin of Orange County Land was divided 15 Mar 1843 into 358 acres, 309 acres and 336 acres with the remainder of the lands being sold. Robert's full name is Robert Mebane Foust, and William's full name is William Michael Foust. William (slave) in the inventory is not listed in the division of the estate. Although there is a boy listed as Billy, this does not seem t oalign well with a man named William. One space for a girl is left blank. In the division the name Peggy Jane or Martha might line up with the blank person in the inventory A receipts dated 1845 shows the Robert Foust paid $32 for "maintenance of Slave Mary & 2 children". This may mean that Peggy Jane and Fanny are the children of Mary. [Estate Papers - Division of Estate 8 Mar 1843] State of North Carolina } Orange County } We, the undersigned being appointed commissioners by the County Court of Orange at February Term 1843, to divide the real and personal Estate of the late Henry Foust in the proposition of one third to each Legatee, after bieng duly sworn do make the following report (to wit) We allot to No 1 to Daniel Harden & wife Caroline R. Harden the following Negroe Slaves to wit Ned valued at $275.00 Betsey " " 150. " Allen " " 550. " Monroe " " 250. " Martha " " 100. " -------- $1325. " We allot to No 2, to Robert M. Foust the following Negroe Slaves (to wit) John valued at $550. " Mary " " 400. " Peggy Jane " " 200. " Fanny " " 175. " -------- $1325. " We allot to No 3. to William M. Foust the following Negro slaves. (to wit) Emanuel valued at $500. " Louisa " " 475. " Edward " " 300. " Billy " " 5. " -------- $1280. " The above Negroe Slaves, belonging to the Estate of Henry Foust Sen Decd. were values at $3930." giving to each legatee $1310." as distributive share, and it will appear from the fore- going statement that Nos 1. & 2. owned by Daniel Harden & Robert M. Foust will be indebted to No 3. Will M Foust $15.00 each Given under our hands & seal Jno Stockard (seal) This 8th March A.D. 1843 Handy Wood (seal) Wm Holmes (seal) Seymour Puryear (seal) [two more pages of sundry household items allotted.] [Estate Papers - Inventory] State of North Carolina Orange County An inventory of the personal property of Henry Foust decd which came into the hands of William M. Mebane his executor [sundry items omitted] [page 2] [sundry items omitted] 1 Negro Man named Ned 1 Do Do Do William 1 Do Do Do John 1 Do Do Do Allen 1 Do Do Do Manual 1 Black woman named Fanny 1 Do Do ~~ Betsey 1 Do Do ~~ Mary 1 Child (boy) ~~ Edward 1 Do Do ~~ Monroe 1 Do (girl) ~~ Louisa 1 Do Do ~~ [blank]