Orange County NcArchives Wills.....Garrard, James April 7, 1845 ************************************************ 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 258-260 Written: April 7, 1845 Recorded: May 1845 Testator: James Garrard In the Name of God amen I James Garrard Senr. of the County of Orange & State of North Carolina being sick and weak in body but of sound and disposing mind and memory and understanding considering the certainty of death and the uncertain =ty of the time thereof to the end that I may be the better prepar =ed to leave this world when it shall please my God to Call me hence have now determined to direct what disposition shall be made of my property after my decease I do therefore make publish and declare this instrument to be my last will and testament hereby revoking and making null and void all former wills and testaments by me heretofore at any time made And my will is first that after my decease my body shall be decently buried without ostentation or unecessa =ry expense and that my funeral Charges and Just debts shall be paid by my executors herein after named. I Give and bequeath to my son William Garrard forty five Dollars to be paid to him by my executors the same to be in satisfaction of a debt now due him for money advanced to me in part pay for a waggon to be paid to him his executors or adminis- =trators And as to the residue of my estate and property with which God has blessed me and which shall not be required for the payment of my debts funeral charges legacy already Given and the expenses in and about the execution of this my will and the administration of my estate I Give devise and dispose thereof as follows to wit I Give and devise to my two sons James Garrard & Sherwood H. Garrard the tract of Land whereon I now live contain =ing about two Hundred acres or the interest or claim that I have [page 2] therein secured to me by bond by my son Wilson Garrard to make title thereto when all the purchases money therefrom shall be paid to them the said James Garrard & Sherwood H. Garrard & their heirs forever I also Give to my two sons James & Sherwood all the rest and residue of my property of every kind whatsoever to them and their heirs forever To have and to Hold to them the said James Garrard & Sherwood H. Garrard their heirs executors administrators & assigns forever And I do nominate constitute and appoint my two sons James Garrard & Sherwood H. Garrard sole executors of this my last will and testament. In testimony whereof I the said James Garrard do hereunto set my hand & seal This 7th day of April in the Year of Our Lord one thousand eight Hundred & forty five Signed sealed published and declared by the said James Garrard to be James Garrard Sen (Seal) his last will and testament in the presence of us who at his request in his presence & in the presence of each other do subscribe our names as witnesses thereto Silas M. Sink Jurat James Latta [Will Book Volume F, page 258] In the Name of God Amen I James Garrard Senr. of the County of Orange & State of North Carolina being Sick & weak in body but of sound & disposing mind & memory & under standing considering the certainty of death & the uncertainty of the time thereof to the end that I may be the better prepared to leave this world When it shall pleas[e] my God to call me hence have now determined to direct what disposition shall be made of my property after my decease I do therefore make publish [Will Book Volume F, page 259] and declare this instrument to be my last Will & Testament hereby revoking & making null & void all former Wills & Testaments by me heretofore at any time made And my Will is first that after my deceas[e] my body shall be decently buried without ostentation or unecessary expense & that my funeral Charges & Just debts shall be paid by my Executors herein after named I give & bequeath to my son William Garrard forty five dollars to be paid to him by my executors the same to be in satisfaction of a debt now due him for money advanced to me in part pay for a waggon to be paid to him his executors [or] admnrs. And as to the residue of my estate & property with which God has blessed me & which shall not be required for the payment of my debts funeral charg[e]s legacies already given & the expenses in & about the execution of this my Will & Testament & the ad- ministration of my estate I give devise & dispose thereof as follows (towit) I give & devise to my two sons James Garrard & Sherwood H. Garrard the tract of land where on I now live containing about two hundred Acres or the interest or claim that I have therein Secured to me by bond by my son Wilson Garrard to make title thereto when all the purchases money therefrom shall be paid to them the said James Garrard & Sherwood H Garrard & their heirs forever I also give to my two sons James & Sherwood all the rest & residue of my property of every kind whatsoever to them & their heirs forever to have & to hold to them the said James Garrard & Sherwood H. Garrard their heirs executors administrators & assigns forever And I do nominate constitute & appoint my two sons James Garrard & Sherwood H Garrard Sole executors of this my last Will & Testament In testimony whereof I the said James Garrard do hereunto set my hand & seal [Will Book Volume F, page 260] This 7th day of Aprile in the Year of Our Lord one thousand eight Hundred & forty five Signed sealed published & declared by the said James Garrard to be his last Will & Testament in the presence of us Who at his request James Garrard (seal) in his presence & in the presence of each other do subscribe our names as witnesses ther[e]to Silas M. Sink James Latta Orange County May Term 1845 The Execution of the foregoing last will & Testament of James Garrard was duly prove[d] in open Court by the Oath of Silas M Link a subscribing witness & ordered to recorded Additional Comments: Will Book Volume F, pages 258-260 Recorded May 1845. Left margin for first page of loose will slightly obscured with conservator's tape. Estate Papers comprise three pages and are found in the folder labeled "Garrard, James (1845)". No family history found.