Orange County NcArchives Wills.....Hailey, Ezekiel November 27, 1847 ************************************************ 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 G, pages 91-93 Written: November 27, 1847 Recorded: Feb 1855 Testator: Ezekiel Hailey Be it remembered that on Novr 27th 1847 ---- I, Ezekiel Hailey of the County of Orange & State of No.Carolina, calling to mind the mortality of the flesh, and being of perfect mind and disposing memory, do make this my last will and testament------- in manner and form following ----(Viz)---- 1st my will and desire is, that all my lawful & Just debts be paid by my Executor, out of my personable[sic] property -- 2nd I give and bequeath to my wife Mary Hailey all my Land on which I now live & own during her single life, and after her single life, I give the said Land to to[sic] my daughters that is now single M. M. Hailey and S. L. Hailey ["Ezekial C. Hailey" x-out] which they are to live on and take care of their mother ["and sisters" x-out] [much x-out, hence the controversy]. I give to Simon R. Hailey ["ninety dollars" x-out]sixty five Dollars worth of that land where on he now lives at three Dollars and 25 cents per acre which sum I gave for said land, [page 2] P.S. I have given to my Daughters that are married one Bed and furniture and one cow a peace and many other small articles that I shall not mention, I want all my stock sold after the death of my wife Mary Hailey or her single life & equally Divided so as E. C. Hailey to get an equal part, and my Daughters to get an equal part with each other --- of my Daughters Minerva M Hailey } These three daughters and Mary Jane Hailey } E. C. Hailey have recd. Lathetnay S Hailey } nothing as yet Witness my hand and seal this 27th Novr. 1847. Test Ezekiel Hailey (seal) I have given to S. R. Hailey 1 Horse worth sixty Dollars he is to pay all Interest on sd $60 I have given to S. R. Hailey all I allotted for him, I have given to Alvan E. Hailey ninety Dollars worth of Land, one mare worth $60, and all I allotted for him, I have given to Thos. L. Hailey ninety Dollars worth of Land where he now lives and one horse worth $60, and all I allotted for him except two head of sheep. ------ I have given to Sally M. Shepherd all I allotted for her, I have given to Rachel P. Garrett all I allotted for her, except["2 head of sheep" x-out] recd by her, all The rest of my Personal property I give to my Other Children that is yet a single equally: Ezekiel C. Hailey is to have one horse worth $60 or made up to him in value - all my stock of Cows hogs & sheep is to be sold after my death for the Benefit of my wife and other surviving family. -- I further appoint my son Thos. L. Hailey my executor to this my last will & testiment, revoking all other will[s] by me heretofore made. Ezekiel Hailey (seal) Witness my hand and seal this day & year above written ["Codicil"] North Carolina Orange County October 23rd 1852 --------- This Indenture made this day and date above written witnesseth--- that for the love and affection I have to my daughter --- Minervey M. Hailey, and for the long servitude she has rendered to me and my wife --- Mary Hailey I give grant and aliean to her The said Minervey M. Hailey one cow and calf, or yearling one feather bed and all its nesery[necessary] furniture and one half of my land containing 124 Acres to have and to hold free from all lawful claims or demands of all person or persons which she the said Minervey M. Hailey has merited by her faithful performance and and[an] equel proportion of all and every Thing pertaining to my perishable estate --- [erasure] after my death and the death of her mother. Also if the sd. Minervey M. Hailey should die before she ever marries or have any lawful hairs[sic] the [second "the" x-out]above is to be void and null otherwise to remain in full force and effect PS the land is to be measured on the north east of my land not include my dwell =ing-house; for that is for Ezekiel C. Hailey after my and his mother life time spent Witness my hand and seal this; 23rd day of October 1852 Ezekiel Hailey [Court Proceedings] Sept 1854 A paper writing purporting to be the last will and testament of Ezekiel Hailey deceased and which is in words and figures following towit " Be it remembered that on Novr 27th 1847 I Ezekiel Hailey of the County of Orange and State of North Carolina calling to mind the mortality of the flesh and being of perfect mind and disposing memory do make this my last will and testament in manner and form following (Viz) 1st my will and desire is that all my lawful and just debts be paid by my executor out of my personable[sic] property. 2nd I give and bequeath to my wife Mary Hailey all my land on which I now live and own during her single life, and after her single life I give the said land to my daughters that is now single M. M. Hailey and S. S. Hailey which they are to live on and take care of their mother. I give to Simon R. Hailey sixty five dollars worth of that land whereon he now lives at three dollars and 25 cents per acre which sum I gave for said land. I have given to S. R. Hailey 1 Horse worth sixty dollars he is to pay all interest on sd $60 I have given to S. R. Hailey all I allotted for him, I have given to Alvin E Hailey ninety dollars worth of land one mare worth $60 and all I allotted for him I have given to Thomas S. Hailey ninety dollars worth of land where he now lives and one horse worth $60 and all I allotted for him except two head of sheep. I have given to Sally M. Shepherd all I allotted for her. I have given to Rachel P. Garrett all I allotted for her except recd by her, all the rest of my personal property I give to my other children that is yet a single equally: Ezekiel C. Hailey is to have one horse worth $60 or make up to him in value --- all my stock of Cows Hogs and Sheep is to be sold after my death for the benefit of my wife and other surviving family. I further appoint my son Thos. S. Hailey my executor to this my last will and testiment revoking all other Will[s] by me heretofore made. Ezekiel Hailey (seal) Witness my hand & seal this day and year above written [page 2] P.S. I have given to my daughters that are married one bed and furniture & one cow a piece & many other small articles that I shall not mention I want all my stock sold after the death of my wife Mary Hailey or her single life & equally divided so as E C Hailey to get an equal part & my daughters to get an equal part with each other of my daughters Minerva M Hailey Mary Jane Hailey and Salthetney[?] S Hailey these three daughters & E. C. Hailey have recd. nothing as yet witness my hand & seal this 27th Novr. 1847. Ezekiel Hailey (seal) Notice Ezekiel C Hailey left my house & board at seventeen years of age and I will not give to him the land I intended to have given him in the foregoing part of this my will this 3rd of Decr 1850 "Ezekiel Hailey" is propounded for probate in open Court by Thomas L. Hailey the executor therein named. - Whereupon Ezekiel C. Hailey one of the heirs and next of kin of the said Ezekiel Hailey comes into court and enters a Caveat to the probate thereof and says that the same does not contain the whole of the last Will and testament of the said Ezekiel Hailey deceased but that it contains only a part thereof, and that another paper writing which is in words and figures following (to wit) "North Carolina" Orange County" October 23rd 1852 This indenture made this day and date above written - Witnesseth - that for the love and affection I have to my daughter Minerva M Hailey and for the long servitude she has rendered me and my wife Mary Hailey I give and grant and alien to her the said Minerva M. Hailey one cow & calf or yearling one feather bed and all the necessary furniture and on half of my land containing 124 acres to have and to hold free from all lawful claims or demands of all person or persons which she the said Minerva M Hailey has merited by her faithful performance and equal proportion of all and everything pertaining to my perishable estate after my death & the death of her mother, also if the said Minerva M Hailey should die before she ever [page 3] marries or have any lawful heirs the above is to be void and null otherwise to remain in full effect force & effect PS. The land to be measured on the north east of my land not include my dwelling house for that is for Ezekiel C Hailey after my & his mother lifetime spent. Witness my hand & seal this 23rd day of October 1852 Ezekiel Hailey is a part of "Viz" or a Codicil to the former paper writing and together with it forms the last will and testament of the said Ezekiel Hailey. And thereupon the Court directs the following issue to be made up and submitted to a Jury "towit"- Is the said paper writing propounded by the executor Thomas L. Hailey the whole of the last Will and testament of the said Ezekiel Hailey or do the two papers together constitute said will and testament." Thereupon it is ordered that Thomas L Hailey, Mary Hailey Lumlly[?] by his Guardian BS. Durham Alvom E. Hailey [Will Book Volume G, page 91] Be it remembered that on Novr. 27th 1847 I Ezekiel Hailey of the County of Orange and State of North Carolina calling to mind the mortality of the flesh and being of perfect mind and disposing memory do make this my last will and testament in manner and form following (Viz) 1st my will and desire is that all my lawfull and Just debts be paid by my executor out of my personal property 2nd I give and bequeath to my wife Mary Hailey all my land on which I now live and own during her single life and after her Single life I give the said land to to my daughters that is now single M M Hailey and S L Hailey which they are to live on and take care of their Mother I give to Simon R. Hailey Sixty five dollars worth of that land whereon he now lives at three Dollars and 25 cents per acre which sum I gave for said land I have given to S R Hailey 1 Horse worth Sixty dollars he is to pay all interest on sd $60 I have given to S R Hailey all I allotted for him I have given to Alvan E Hailey ninety Dollars worth of land, one mare worth $60 and all I allotted for him I have given to Thomas L Hailey ninety dollars worth of land where he now lives and one horse worth $60 and all I allotted for him except two head of Sheep I have given to Sally M Shepherd all I allotted for her I have given to Rachel P. Garrett all I allotted for her except recd by her all The rest of my personal property I give to my other children that is yet a Single equally Ezekiel C Hailey is to have one horse worth $60 or made up to him in value all my stock of cows hogs and Sheep is to be sold after my death for the benefit of my wife and other surviving family I further appoint my Son Thos. L. Hailey my Executor to this my last will and testament revoking all other Will[s] by me heretofore made Ezekiel Hailey (seal) Witness my hand & Seal this day and year above written PS I have given to my daughters that are married one bed and furniture & one cow a piece & many other [x-out] [Will Book Volume G, page 92] small articles that I shall not mention I want all my stock sold after the death of my wife Mary Hailey or her Single life & equally divided so as E C Hailey to get an equal part & my daughters to get an equal part with each other of my daughters Minerva M Hailey Mary Jane Hailey and Lathetnay S Hailey these three daughters & E. C. Hailey have recd. nothing as yet Witness my hand & Seal this 27th Novr. 1847. Ezekiel Hailey (seal) Notice Ezekiel C Hailey left my house & board at Seventeen years of age and I will not give to him the land I intended to have given him in the foregoing part of this my will this 3rd of Decr 1850 Ezekiel Hailey North Carolina "Orange County" October 23rd 1852 This Indenture made this day and date above written Witnesseth that for the love and affection I have to my daughter Minerva M Hailey and for the long servitude she has rendered to me and my wife Mary Hailey I give grant and alien to her the said Minerva M. Hailey one cow & Calf or yearling one feather bed and all its necessary furniture and one half of my land Containing 124 acres to have and to hold free from all lawfull claims or demands of all person or persons which she the said Minerva M Hailey has merited by her faithfull performance and equal proportion of all and every thing pertaining to my perishable estate after my death & the death of her mother also if the said Minerva M Hailey should die before she ever marries or have any Lawfull heirs the above is to be void and will{orig: null] otherwise to remain in full force & effect PS the land is to be measured on the north east of my land not include my dwelling home for that is for Ezekiel C. Hailey after my & his mother life time spent Witness my hand & Seal this 23rd day of October 1852 Ezekiel Hailey [Will Book Volume G, page 93] Orange County Court February Term 1855 In obediance[sic] to a precendo issued from Orange Saperior Court the Execution of the foregoing paper writing and Codicil thereto annexed admitted to probate as the last last will and testament of EzeKiel Hailey deceased And ordered to be Recorded and filed as such Whereupon Thomas L Hailey the Executor therein named appeared in open Court and qualified by taKing the oath prescribed by Law Test Geo Laws CCC Additional Comments: Will Book Volume G, pages 91-93 Recorded Feb 1855 The folder holding this loose will also includes an unusual number of additional documents due 1) the testator writing a number of will-related documents 2) the testator changing his mind, and 3) disputes among the heirs as to the meaning of the collection of documents. There are a number of copies - not photocopies, rather handwritten copies - of the will and related court papers in the file folder in the NC State Archives. Estate Papers comprise 21 pages and are found in a folder labeled "Hailey, Ezekiel (1854)". No family history found.