Orange County NcArchives Wills.....Garrard, Samuel March 27, 1828
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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 158-159
Written: March 27, 1828
Recorded: May 1828
Testator: Samuel Garrard

In the name of god amen I Samuel Gar=
rard sound in mind & memory; but labour=
ing under diseases dangerous in their nature
do make and ordain this my last will
& testament in manner & form following
(Viz) It is my will & desire that my sister Susan
Garrard have the rent of my old place dur
=ing her life with the exception of the store
house & five acres of land adjoining the land
to be rent'd each & every year by Tyre Garrard
& the money appropriat'd as he may think
best for her maintainnance[sic].  It is my wish that
a small house standing on the place where
John Garrard now lives be remov'd on the land
of Tyre Garrard at the expense of my
estate for my sister Susan Garrard to live
in; I give unto James Garrard &[sic] cow and
Calf call'd Muly; I give unto Ann Leathers
the daughter of Fielding Leathers one Fea
=ther bed & furniture. I give to Mary Webb
Warren my bed with a strip'd Tick all
My other lands not otherwise dispos'd of
in this will I give to Henry Warren; My
silver watch all my negroes stock of all
kinds household & kitchen furniture I
give to Henry Warren also the crop to
be made this year, my own private
debts I wish pay'd out of that concerns business ... Garrard and Shaw [large insertion here, mostly illegible, "own property" x-out]
I give to Willie Shaw Jr. all the books bonds

[page 2]
accompts & property real & Personal belonging to
the concern of Garrard & Shaw I give unto Willie
Shaw he paying the debts due by Garrard
& Shaw I give him also fifty acres of land
purchas'd of Thomas Latta Jr & should he go
into the mercantile business I give him the store
house & waste land to the road so long as he continues in
business, ["when" x-out] The above different legacies to Willie Shaw is
understood he marries with the consent & approbation of his father & uncle
should marry otherwise all I have will'd him to go to Henry Warren
should he not go into business again it is my
will that the store house be rent'd for the benefit
of my estate; The land left to be rent'd for the benefit
of my sister at her death I give to
Henry Warren & his heirs as an evidence
of my regard for Dr. Thomas Hunt I will
& desire that my executors pay over to him
fifty dollars inclusive of his medical
bill: I nominate & appoint my friends
Henry Warren [Willie Shaw Jr." x-out] & Samuel
Yarborough executors to this my last
will & Testament revoking all other
wills by me herterfore made witness
my hand & seal this the 27th March
AD 1828
Sign'd seal'd & deliver'd          his
in the presence of         Samuel (X?) Garrard (seal)
William Nichols Jr  }            mark
Tyre Garrard        } Jurant

[Will Book Volume E, page 158]
        In the Name of God Amen I Samuel Garrard sound in
mind & memory, but labouring under diseases dangerous in their nature
do make & ordain this my last Will & testament in manner & form
following - Viz, It is my will & desire that my Sister Susan

[Will Book Volume E, page 159]
Garrard have the rent of my old place during her life, with the exception of
the Store house & five acres of land adjoining - The land to be rented each & every year
by Tyre Garrard and the money appropriated as he may think best for her
maintenance: It is my wish that a small house standing on the place where
John Garrard now lives be removed on the land of Tyre Garrard at the expense
of my Estate for my Sister Susan Garrard to live in; I give unto James
Garrard a cow & Calf called Muly; I give unto Ann Leathers the daughter
of Fielding Leathers one feather bed & furniture. I give to Mary Webb Warren
my bed with a strip'd Tick; all my other lands not otherwise disposed
of in this Will I give to Henry Warren my silver watch all my negroes
stock of all kinds house-hold & Kitchen furniture I give to Henry
Warren also the crop to be made this year - My own private debts
I wish pay'd out [large insertion in original, skipped in will book copy]

                                I give unto Willie Shaw Jr. all the books
bonds accompts & property real and personal belonging to the concern
of Garrard & Shaw I unto Willie Shaw he paying the debts due
by Garrard & Shaw I give him also fifty acres of land purchased of
Thomas Latta Jr & should he go into the mercantile business I give
him the store house & waste land to the road so long as he continues in
business, the above different legacies to Willie Shaw is understood he marries
with the consent & approbation of his father & uncle - should marry otherwise
again it is my will that the store house be rent'd for the benefit of my estate;
    The land left to be rented for the benefit of my Sister at her death I give
to Henry Warren & his heirs as an evidence of my regard for Dr. Thomas
Hunt I will & desire that my Executors pay over to him fifty Dollars exclu=
=sive of his medical bill - I nominate & appoint my friends Henry
Warren & Samuel Yarborough Executors to this my last Will & Testament
revoking all other wills by me heretofore made - Witness my hand & seal
this the 27th March A.D. 1828.
Signed Sealed & delivered in the presence of       his
William Nichols Jr                           Saml. (X) Garrard (seal)
Tyre Garrard                                       mark

                          Orange County May Term 1828
The Execution of the foregoing last Will & Testament of Samuel Garrard decd.
was duly proved in open Court by William Nichols & Tyre Garrard two of
the subscribing Witnesses thereto & ordered to be recorded
                       Test

Additional Comments:
Will Book Volume E, pages 158-159
Recorded May 1828

In the original will there are several insertions that are written in very small letters and overwrite themselves.  The Will Book version is somewhat different in these areas - both versions are included.

Estate Papers comprise 273 pages and are found in a folder labeled "Garrard, Samuel (1828)".  Tyre Garrard and William Horner were appointed Administrators of this estate. Almost no family history was discovered within this material.  It seems to primarily be the paperwork concerning numerous unpaid bills and accounts due by the Testator, and demands that the Administrators pay the bills by selling the lands - three tracts of 50, 78, and 300 acres - that the Testator passed to various legatees, due to the fact that there was no other property or assets remaining.

It appears that the Testator was the last surviving partner of a mercantile business and tried to pass the business with its debts to the son of his partner and that failing, the debts reverted to his personal estate?

[Estate Papers - Estate Sale 10 Jul 1828]
                            Page no 1
List of the Sale of the personal property of
last Samuel Garrard Decd. sold on the
10th day of July A.D. 1828 on nine months'
credit by Tyre Garrard and William
Horner the administrators with the
Will annexed for the said Samuel
Garrard Deceased

Article            Buyers Names            Amot
                                            $  @
[sundry articles omitted]

1 Negroe Man Jeff  Robert Harris, Esq     301.50

[sundry articles omitted]

[Estate Papers - Inventory, filed Aug 1828]
An Inventory of the personal property of Samuel
Garrard decd. which has come to the hands
of the Admrs. with the Will Annexed

[sundry articles omitted]
[page 2]
[sundry articles omitted]

1 Negroe Girl Peg 1 Negroe
Man - Jeff

[Note: Peg not listed in the Estate Sale]