Orange County NcArchives Wills.....Henderson, John August 23, 1838 ************************************************ 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 80-81 Written: August 23, 1838 Recorded: Nov 1840 Testator: John Henderson In the name of God Amen - I John Henderson of Orange County and state of North Carolina being in sound disposing mind and memory do this Twenty third day of August in the year of our Lord one thousand Eight Hundred and thirty Eight make and publish this my last will and testament in manner and form following to wit First I give my soul to God who gave [it?] and my body to the clay to be buried in a decent manner by my Exrs. I give to my Daug[h]ter Elizabeth Pearson in add- -ition to what I have given her fifty Cents I give to the ares[heirs] of my daughter Polly Stowers fifty Cents - I give to my son Pleasant Henderson in addition to what I have given him fifty Cents - I give to my son Thomas Henderson in addition to what I have given him fifty cents - I give to my Daughter Sarah Perry in addition to what I have given her fifty Cents - I give to my Daughter Dicey Perry in addition to what I have given her fifty Cents - I give to my wife Francis Henderson during her natural life or widowed- hood the following property to wit all the land I own also all of my Household and Kitchen furniture all of my Stock of every description one waggon and geer all of my Dung Hill Poultry, one thratching machine and finely after the death or marriage of my wife I give all the land I have given or loaned to my son James Henderson and my son John Henderson to be Equully divided betwen thim to there ares[heirs] and assigns for ever and after the death or marriage of my [wife] I give all the property of every description that I have given or loaned to her (except the land) [page 2] to my daughter Martha Henderson, and my daughter Eliza C. Henderson to be Equally divided between them after paying all my Just debts, and my Exrs. for there trouble and lastly I do appoint my wife Frances Henderson Exrx. to this my last will and Testament in witness Whereof I the Said John Henders[on] hath sett my hand [and] seal this the day and date aforesaid written Signid and sealed } in presents of } John Henderson (seal) A W Clements Jn. D. Carlton [Will Book Volume F, page 80] In the name of God Amen I John Henderson of Orange County and State of North Carolina being in Sound disposing mind and memory do this Twenty third day of August in the Year of our Lord one thousand Eight Hundred and thirty Eight make and publish this my last Will and Testament in manner and form following (to wit) First I give my soul to God who give [it?] and my body to the Clay to be buried in a decent manner by my Executor ~~~ I give to my Daughter Elizabeth Pearson in addition to that I have given her fifty Cents I give to the Heirs of my Daughter Polly Stowers fifty Cents I give to my son Pleasant Henderson in addition to what I have given him fifty Cents I [x-out] give to my son Thomas Henderson in addition to what I have given him fifty cents I give to my Daughter Sarah Perry in addition to what I have given her fifty Cents ~~ I give to my Daughter Dicey Perry in addition to what I have given her fifty Cents [Will Book Volume F, page 81] I give to my Wife Francis Henderson during her natural life or widowedhood the following property (towit) all the land I own also all of my Household and Kitchen furniture all of my Stock of every description one waggon and Geer all of my Dung hill Poultry, one thrashing Machine and finally after the death or marriage of my Wife I give all the land I have given or loaned to my ["wife" x-out] Son James Henderson and my son John Henderson to be Equally divided between them to their Heirs and assigns for ever and after the death or marriage of my [wife] I give all the property of every description that I have given or loaned to her (except the land) to my daughter Martha Henderson and my Daughter Eliza C Henderson to be Eequally divided between them after paying all my Just debts and my Executors for their trouble and lastly I do appoint my Wife Frances Henderson Executrix to this my last Will and Testament in Witness whereof I the said John Henderson hath Set my hand & Seal this the day and date aforesaid Written Signed and sealed } John Henderson (seal) in presence of } A W Clements Jn D Carlton Jno D Carlton begin duly Sworn in open Court proved the publication of this Will be the testator and the [probate statement ends here] Additional Comments: Will Book Volume F, pages 80-81 Recorded Nov 1840 Estate Papers comprise 30 pages and are found in a folder labeled "Henderson, John (1844)". [Estate Papers - Indenture Feb 1844] State of North Carolina } Orange County } This indenture made on the 4th Day of May AD 1841 one thousand eight Hundred & Forty one Between Elizabeth Pearson of the County & State above Mentioned of the first Part and Thomas Henderson of the 2nd part of the aforesaid county & state Witnesseth that the said E Person for and in consideration of the sum of one Dollar in hand paid by the said Henderson to the said E Pearson at the time of Executing the presents the receipt whereof is hereby acknowledge hath Granted bargained sold Conveyed and confirmed and by these presents doth grant bargained sell convey and confirm unto the said Henderson his heirs assigns a certain Parcel of undeved[?] Track of Land in the County of Orange & state of N.C. ???? on the waters of Morgans Creek adjoing[sic] the Lands of John Anders Wm McCarely & other Known at present as the Land of John Henderson Decd. I, Elizabeth Pearson Daughter of John Henderson Decd. do hereby convey all my right title and interest in the above named parcel of land of my Decd. father so much of the said Track and shall fall to my share after a lawfull division unto the said J Henderson warrent and forever defend from the lawfull claims or claims of any & all persons whatsoever I bind my heirs Executors & administrator and assigns [page 2] unto the said Henderson his heirs and assigns and that the said Henderson hath full power and Lawful Authority to convey same in man[n]er and form and to enjoy the same free form[sic] any and all Judgment executions Leases Mor[t]gages trusts and right in testimony whereof the said Elizabeth Pearson doth hereunto set her her[sic] hand & seal above dated Signed seal[ed] and her delivered in the Elizabeth (X) Person (seal) presents of mark A.W.Davis I J B McDade drew the foregoing Deed & ??? A Executed to the best of my belief - and as the subscribing witness is not a resident of this state - I became a witness to that the said Deed May be proven J B McDade proved see minutes Feby Term 1844 [Estate Papers - Petition Mar 1842] State of North Carolina } In Equity Orange County } March Term 1842 To the Hon the Judge of said Court - The petition of Frances Henderson widow of ["George" x-out] John Henderson deceased, Pleasant Henderson Betsy Pearson widow of Stanford Pearson deceased Thomas Henderson, Abner Perry and Sally his wife Meachum Perry and Dice his wife, and of John Stowers, Sarah Stowers, and Susan Stowers who are the children and heirs at law of Polly Stowers deceased and are under the age of twenty one year and sue in this behalf by Fran- ces Henderson their grandmother & next friend, and of James Henderson; Martha Henderson, John Henderson, Eliza Henderson, Sandy Hen- derson and Westley Henderson, Humbly petitioning shews unto your Honor that John Henderson late of Orange County departed this life in 1841 intestate as to a tract of land lying on the waters of Morgans Creek in Orange County adjoining the land of William Brewer and others and containing 210 acres or thereabout Leaving him surviving your petition[er] Frances his widow who is entitled to dower in the said land, and your other petitioners, Pleasant, Betsey widow of Stanford Person, Thomas Sally wife of Abner Perry, Dicy wife of Meachum Perry, and James, Martha, John, Eliza, Sandy and Wesley his children; & your other petitioners John, Sarah, and Susan Stower his grand Children being the children of his daughter Polly who was married to Adam Stowers and is now [x-out] dead leaving your said the [page 2] petitioners her heirs at law - To all of whom the said Lands have by law descended. You petitioners shew that the said Betsey Pearson hath duly assigned all of her interest in said land to the said Thomas Henderson Your petitioners further shew unto your Honor that the said Tract of land cannot be divided among them without greatly impairing is [its] value to them, they therefor pray that it may be sold for a division by a decree of this Court - and that an allowance may be made of an absolute and certain sum to the widow your petitioner Frances in Lieu of her her dower night in said Land. And as in duty bound they will every pray &c J. W. Norwood sol. for Petitioners