Orange County NcArchives Wills.....Harris, Edward March 1, 1801 ************************************************ 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 36-38 Written: March 1, 1801 Recorded: May 1801 Testator: Edward Harris [original will, original spellings] I Edward Harris of Orange County and State of North Carolina being weak in body but of perfect mind & memorye Do make & Ordain This my last Testament & Will as follows (to wit) First; I Will that all my Just debts be paid; at the reasonable discrestion of my Executrix and Executors hereafter named -- 2nd I Give & devise, to my beloved Wife Mary Harris; all my Lands & Plantation upon Mountain Creek, during her Widowhood; But on her marriage, Or death; the Lands & Plantation to belong to My two Sons, Namely; Sterling & Edward and by them, to be taken into possession immediately thereafter; & Equally devided between the two I also Give & bequeath to my Wife Mary Harris all my stock of Horses Cattle, Sheep, Hogs &c, together with all my Houshold furniture & plantation utensils; But on the above Mentioned terms, vizt (during her widowhood) one exception only; One dark Bay Mare, called Streemer & one light Bay Mare called Doll; which Mares, I have heretofore given to my two Sons (to wit) Sterling & Nathaniel, The remains of the Stock &c. at my wife's death, or Marriage I wish to be equally divided betwen my Two daughters, Namly Mary & Elizabeth Harris 3rd I Give & Devise to my Two Sons (to wit) Nathaniel, & Wyllie all my land & plantation lying upon Enoe River; & by them to be taken, in possession when they arrive to the Age of twenty one Years, or Marry provided nevertheless If my Son Nathaniel (being the Oldest) should marry or take possession of said lands, that Wyllies part of the same be applyed to the use of him the Said Wylley 4th, I Give & bequeath to my wife - Mary Harris two Negros (to wit) Isaac & Sarah, but on no other terms than the property before Mentioned is given; & at her death or Marriage, the said two Negros, Isaac & Sarah is to have in it in Their power to live with any of my Children which they may choose, or at any rate not to be named as any part of my property to be divided ~~ 5th I Give & bequeath to my Son Sterling; one Negro man called & known by the name of Will to him & his Heirs forever; I Give & bequeath to my Son, Nathaniel, one Negro Woman by the name of Rhoda; To him & his Heirs forever; except the child, which; (as it appers she is now pregnant of) I Give & bequeath to my Son Edward; to him and his Heirs forever; I Give & Bequeath to my Son Wylley, one Negro Boy; by the Name of Lewis; to him & his Heirs forever ~~ I Give & bequeath to my Daughter Delila, one Negro Boy by the name of Robert; to her & her Heirs forever ~~~ I Nominate & appoint my beloved Wife Mary Harris Executrix, & My friend James Walker, Executor, to this my last Testament & Will, & I do hereby disannul & revove[revoke] all others, by me heretofore made, In witness whereof I have hereunto Set my hand & seal this first day of March one Thousand eight Hundred & one ----------- Signed Sealed & Delivered, By the Said Edward Harris } The Testator; as his last Testament & Will, in the presents of us } who, at his request have set our names; as witnesses & in the } Edward Harris (seal) presents of each of of each other Jesse Price } James Moore } Jurat James Carrington Junr. [Will Book Volume D, page 36] I Edward Harris of Orange County and state of North Carolina being weak in body but of perfect mind and memory do make and ordain this my last Testament and will as follows To Wit First. I will that all my just debts be paid at the reasonable discretion of my Executrix and Executors hereafter named 2nd I give and devise to my beloved wife Mary Harris all my lands and plantation upon Mountain Creek during her widowhood But on her marriage or death the lands & plantation to belong to my two Sons namely, Sterling and Edward and by them to be taken into possession Immediately thereafter and Equally devided between the two --- I also give & bequeath to my Wife Mary Harris all my stock of horses Cattle, Sheep, hogs, &c together with all my household furniture [Will Book Volume D, page 37] and plantation utensils, but on the above mentioned Terms Vizt during her widowhood one Exception only; one dark bay mare called Streaker[orig: Streemer] and one light Bay mare called Doll which mares I have here =tofore given to my two sons to Wit, Sterling and Nathaniel, the remains of the stock &c. at my wifes death or marriage, I wish to be equally divided between my two daughters namely Mary and [orig: Elizabeth] Harris 3rd I give and devise to my two sons (to Wit) Nathaniel, and Willie [orig: Wyllie] all my land and plantation lying upon Eno River & by them to be taken in possession when they arrive to the age of twenty one Years or Marry provided nevertheless if my son Nathaniel being the Eldest should marry or take possession of said land that Willies [orig: Wyllies] part of the same be applied to the use of him the said Wiley[orig: Wylley] 4th I give and bequeath to my wife Mary Harris two Negroes to wit Isaac and Sarah but on no other terms than the property before mentioned is given and at her death or marriage the said two Negroes, Isaac and Sarah is to have in it in their power to live with any of my children which they may choose Or at any rate not to be named as any part of my property to be divided 5th I give and bequeath to my son Sterling one negroe man called and known by the name of Will to him and his heirs forever I give and bequeath to my son Nathaniel one negroe Woman by the name of Rhoda To him and his heirs forever except the child which as it appears she is now pregnant of --- I give and bequeath to my son Edward to him and his heirs forever --- I give and bequeath to my son Wylley one negroe boy by the name of Lewis to him and his heirs forever --- I give and bequeath to my daughter Delila one negroe boy by the name of Robert to her and her heirs forever ~~~ I nomin- ate and appoint my beloved wife Mary Harris Executrix and my friend James Walker Executor [orig: to] this my [orig: Last] Testament & Will & I do hereby disanull and revoke all others by me heretofore made In witness whereof I have hereunto set my hand and [Will Book Volume D, page 38] Seal this first day of March one thousand eight hundred and one Signed Sealed & delivered by the said Edward Harris The Testator as his last Will and Testament in the presence of us who at his request have set our names; as Witnesses & in the presence of each of of each other Jesse Price Edward Harris (seal) James Moore James Carrington Junr. Orange County May term 1801 The Execution of the foregoing last will and testament of Ed- ward Harris Decd. was duly proved in open court by the oaths of Jesse Price & James Moore subscribing witnesses and ordered to be recorded --- at the same time the Executors therein named qualified accordingly ~~~~~~~~~~~~ Additional Comments: Will Book Volume D, pages 36-38 Recorded May 1801 After transcribing the Will Book copy of this will, it appeared that the original loose will was 1) Easier to read 2) More complete - there were several important omissions or mistakes made in creating the Will Book copy. 3) Better punctuation, while not necessarily punctuated to current norms, the various parentheses, semi-colons and commas used helped to emphasize the meaning of the phrases. Estate Papers comprise 65 pages and are found in a folder labeled "Harris, Edward (1801)". Hire of negroes is frequently mentioned, but no names listed. Testator died in March 1801. Willie James Harris "was about 2 years old at the death of his father", thus born 1799. He was owned a negro about his same age - no name noticed inthe estate papers, but perhaps the negro boy given him in the will named Lewis. [Estate Papers - Petition of Willie Harris May 1821] North Carolina } Court of Pleas & Quarter Orange County } Sessions May Term A.D. 1821 The Petition of Willie J. Harris against Mary Harris Guardian &c to the worshipful Justices of said Court, sheweth that sometime in the year A.D. 1891 your petitioner's father Edward Harris Senr. late of the County aforesd. departed this life, having duly published his last will & Testa= ment, in which he nominated & appointed James Walker & Mary Harris, his widow & your petitioner's mother, Executors thereof - who were qualified as Executors, according to Law, & took upon themselves the burthen of executing the same at May Term of this Court A.D. 1801. Your petitioner humbly sheweth, that in the sd. Will of his Father, the Testator devised to your petitioner the understood[?] moiety of a certain tract of land lying & being in the county afores'd in the words following, viz. "I give & devise unto my two sons viz. Nathaniel & Willie all my land & plantation lying upon Eno River & by them to be taken into possession when they arrive to the age of twenty one or marry " &c You petitioner further sheweth that his bro= ther Nathaniel Harris, to whom his Father deise as abovestated, & bequeath as follows, "I give & bequeath to my son Nathaniel our Negro wo= man by the name of Rhoda, to him & his heirs forever", which will more fully appear by refer= ence to sd. Will, now of record in this Court; departed this life ten or fifteen years ago, before he arrived to the age of twenty one years, without issue & without having married. [page 2] Your petitioner further states that his mother, the afore= sd. Mary Harris was appointed guardian of your petitioner at _____ Term A.D. ____ of this Court, [x-out] for [x-out] greater certainty as to the time, it is prayed that reference may be bad to the records of this worshipful Court - And that the sd. Mary shortly thereafter took possession ???? the land, devised to Your petitioners as aforesd, from year to year, for a considerable amount of rent each year - until the commence= ment of the present year, about which time Your petitioner attained his lawful age. It is further humbly shewn, that after the death of the aforesd. Edward Harris & before the death of the aforesd. Nathaniel Harris; the negro woman Rhoda, bequeathed as a= forestated to the sd. Nathaniel, bore three children, who as will as the sd. Rhoda were sold by the Administrator of the sd. Nathan= iel for large sums of money: that at the time the sd. Nathaniel died, he left him ow= ing[?], the brother & sisters following viz Ster= ling ["Harris" x-out], Delilah ["Harris" x-out], Polly ["Harris" x-out], Elizabeth, Edward, Ailis[? erased?] Yancy & Your Petitioner - And Your Petitioner is advised that of the Estate of the sd. Nathaniel, he is according to the Law of distribution in this State, entitled to receive one eighth part - the whole of which part your petitioner charge that the sd, Mary as guardian of your Petitioner, received from the Adminis= trator of the sd. Nathaniel. Your Petitioner further states that there [page 3] [x-out line: "were three negroes Madam & her children Patsy & Isaac"] was one negro woman Madam, who was not mentioned in the last will of the aforesd. Testator - as to whom you petitioner is advised[?], the aforesd. Edward died intestate; that the sd. Negro woman, Mad= am, since the death of the sd. testator, has had two children, Patsey & Isaac - and also since the death of the sd. Nathaniel: that the sd. three negroes have been sold by the Executors aforesd. - & that the part of the proceeds of the sale of the same, which was due your petitioner, was paid over & recd. by the sd. Mary as guardian of your petitioner: and your petitioner is advised that he is entitled to one ninth part of the price of the sam Madam, & to our eighth part of ["of" x-out] the price of the sd. Patsey & Isaac. Your Petitioner avers that the sd. Mary being disposed to oppress[?] & inquire ["your" x-out] ["him" x-out], tho' often applied to for the pur= pose, has hitherto refused & still refuses, to pay over to your petitioner, the money due him; or to come to any fain adjustment of accounts between them. Your Petition therefore prays Your Worships, that a copy of this Petition may be served upon the sd. Mary, & a subpoena issue, command= ing her to be & appear at the next term of this court, & full, true & perfect answer make to all & singular the matter & things here= in contained: And your Petitioner further prays that the sd. Mary may be compelled by a Judgment & decree of this Court, to do & [page 4] render to your petitioner what of right & according to Law, she ought, in the premises, & what to your worships may seem meet. And your Petitioner will ever pray. P. H. Mangum Atto Pr. [Estate Papers - Affidavit about sale of negroes (undated)] Willie James Harris } vs } Mary Harris Guard. } Sterling Harris states that the Negros belonging to the Estate of his Brother Nathanl. decd. were sold immediately after the Administration of said Estate was granted to Chuza Hopkins and on a Credit of twelve months --- that the Negroes sold for $715 - towit Rhoda & Her children -- that the Negroes Madam, Patty, Isaac were sold 9th Nov 1811 Madam for £145.10. Patty £106:10: Isaac for £63.10.-- That Willie was sent to school by his Mother Mary for which she paid That Willie lived with his Mother from the death of his father in March 1801 until the year 1817. that he was about 2 years old at the death of his father.