Orange County NcArchives Wills.....Foust, Peter September 28, 1808 ************************************************ 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 D, pages 239-241 Written: September 28, 1808 Recorded: Nov 1808 Testator: Peter Foust I Peter Foust of Orange County in the State of North Caroline being weak in body but of perfect memory knowing that it is appointed for all men once to die do therefore this twenty eighth day of the 9th month in the year of Our Lord One Thousand Eight hundred and Eight do make and ordain this my last Will and testament in the following manner 1st. I allow my funeral changes and Just debts to be first paid out of my estate ~~ ~~ ~~ ~~ ~~ 2nd I ordain and constitute my beloved wife Mary Foust and my Son John Foust my whole and Soul[sic] Executrix and Executor of this my Will as trustees of the whole ~~~~ 3rd And as touching such worldly property as it has pleas'd the Lord to bless me with I Bequeath give devise and dispose of as follows 4th I give to my daughter Elizabeth Clap one negro garl named Emy [Emily?] 5th I give to my Daughter Sarah Amick one negro garl named Esther ~~ ~~ ~~ ~~ ~~ 6th I give to my son John Foust the plantation I bought of Joseph Stout and a hundred acres of land that lies Joining Daniel Foust James Neal James Moulder & my own a horse saddle and bridle and plow iron with geers fit to plow ~~ ~~ ~~ ~~ ~~ 7th. I give to my son George Foust the plantation I bought of John Morrow and the fifty acres of land I bought of William Ray adjoining my own land Jacob Marshall and Taumans[?] a horse saddle and bridle plow and geers fit to plow 8th. I give to my son Daniel Foust the plantation I bought of Henry Dale with ten acres more including the field that lies north of the house I now live in with a horse saddle and bridle plow and geer fit to plow and three hundred dollars in cash [page 2] 9th. I give and bequeath to my beloved Wife Mary Foust the plantation I now on live[sic] with all the household and kitchen furniture with all the Horses Cows and Stock of every Kind waggon and plantation Tools of every kinds with all the Negroes un- mentioned so long as She remain my Widow but if she marry she must quit the plantation and have the half of the Household and kitchen furniture and one Negroe Man and Negroe Woman her life time and then and their offspring if any to return to my children equally divided between them living at that time I give her a horse saddle and bridle two cows the remainder of the stock and household furniture and every other proper =ty in her hands to be sold and the moneys given to the Child she is pregnant with if a boy he is To have Eight Hundred Dollars a Horse Saddle and bridle plow and geers fit to plow ~~~ If a girl to have equal to what the other girls has had 10th I give my Son Peter Foust the plantation I now live on and when he come of age if his mother be living and unmarried to have use one half there of for himself and the half of the land my father intended which is to be divided between my brother Daniel & me that to be Joined with this old plantation for him NB. If my widow should Marry as above sd. after she make her choice of the two negroes the remained of them must be divided amongst my sons that many be living at that time In Witness and Testimony whereof I Peter Foust have hereunto set my hand and affixed my seal the day and year above written Signed sealed in the presence of us his Thomas Lindley Peter (\) Foust (seal) Jacob Marshall mark [Will Book Volume D, page 239] I Peter Foust of Orange County in the State of North Caroline being weak in body but of perfect memory ----- knowing that it is appointed for all men once to die do there fore this twenty eighth day of the 9th month in the year of our Lord one thousand eight hundred and eight ~~ do make and ordain this my last Will and Testament in the following manner ~@~ 1st. I allow my funeral changes & Just debts to be first paid out of my estate --- 2nd I Ordain and constitute my beloved wife Mary Foust & my Son John Foust my whole and soul[sic] executrix & executor of this my Will as trustees of the whole 3rd. And as touching such worldly property as it has pleased ["god" cross-out] the Lord to bless me with I bequeath give devise & dispose of as follows ~@~ 4th. I give to my daughter Elizabeth Clap one Negroe girl named Emy - 5th. I give to my Daughter Sarah Amick one negro girl named Esther 6th I give to my son John Foust the plantation I bought of Joseph Stout and a hundred acres that lies Joining Daniel Foust James Neal James Moulder and my own a horse saddle and bridle & plow Iron with geers fit to plow ~@~ 7th. I give to my son George Foust the planta- =tion I bought of John Morrow and the fifty acres of Land I bought of William Ray adjoining my own land Jacob Marshall & Taumans[?] a horse saddle & bridle plow & geers fit to plow ~@~ 8th. I give to my son Daniel Foust the plantation I bought of Henry Dale with ten acres more including the field that lies north of the House I now live in with a Horse saddle and [Will Book Volume D, page 240] and bridle plow and geer fit to plow and three Hundred Dollars in cash ~@~ 9th. I give and bequeath to my beloved Wife Mary Foust the plantation I now on live[sic] with all the Household & Kitchen fur niture with all the Horses Cows and Stock of every Kind waggon and plantation Tools of every kinds with all the Negroes unme ntioned so long as She remain my Widow but if she marry she must quit the plantation and have the half of the Household and kitchen furniture and one Negroe Man and Negroe Woman her life time and then & their offspring if any to return to my children equally divided between them living at that time I give her a horse saddle & bridle two cows the remain =der of the stock & Household furniture and every other proper =ty in her hands to be sold and the moneys given to the chi[l]d she is pregnant with if a boy he is to have eight Hundred Dollars a Horse Saddle and bridle plow and geers ["left" cross-out] fit to plow --- If a girl to have equal to what the other girls has had ~@~ 10th I give my Son Peter Foust the planta tion I now live on and when he come of age if his mo- ther be living and unmarried to have use one half there of for himself and the half of the land my father inten ded which is to be divided between my brother Daniel & me that to be Joined with this old plantation for him NB. if my widow should Marry as above sd. after she make her choice of the two negroes the remained of them must be divided amongst my sons that many be living at that time In Witness and Testimony whereof I Peter Foust have hereunto set my hand and affixed my seal the day and year above written Signed sealed in } his the presence of us } Peter (\) Foust (seal) Thomas Lindley } mark Jacob Marshall } [Will Book Volume D, page 241] Orange County November Term 1808 The Execution of the foregoing last Will and Testament of Peter Foust Senr. Decd. was duly proved in open Court by the oath of Jacob Marshall one of the subscri -bing Witnesses thereto and ordered to be recorded Test J. Taylor C By Theo. Fergusson Additional Comments: Will Book Volume D, pages 239-241 Recorded Nov 1808 Original very badly faded, so the transcription above leans heavily on the will book version. No estate papers found.