Orange County NcArchives Wills.....Herndon, James February 19, 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 31-33
Written: February 19, 1838
Recorded: Nov 1839
Testator: James Herndon

State of North Carolina  } to wit
Orange County            }
                    In the name of God Amen I James
Herndon of the county and State aforesaid being far advanced
in Years but of Sound mind and memory Blessed be God do
make Constitute ordain and declare this my last Will and
Testament in manner and form following that is to say first
that my Executors hereinafter named shall provide for my
body a decent burial Suitable to the ["wishes" x-out] wishes of my relations
and friends and pay all funeral expenses together with my
Just debts howsoever and to whomsoever owing out of
the monies that may first come into their hands as a
part or parcel of my estate

Item I give and bequeath to my Daughter Elizabeth Carlton
fifty acres of land to be taken of off[sic] the Tract of land that
I purchased of Robert Campbell to be taken off of the West
end I also give her the Tract of land whereon She now
lives in fee I give my Daughter Elizabeth Carlton one ["negro" x-out]
negro boy by the name of Ruffin

Item I give and bequeath to my Wife Mary M Herndon
Three hundred acres of land to be taken off of the North end
of the Tract of land whereon I now live to include the Dwelling
house and other improvements for and during the term of her
natural Life in Satisfaction for and in lieu of her dower and
thirds of and in all my real estate I Give to my wife Mary M.
Herndon one negro woman by the name of Lucy one negro man
by the name of Bob one bed and furniture & bedstead one
foalding Table one desk one large Chest Six Win[d]sor Chairs
ten Choice of my hogs two Choice of Cows and calves one horse
her Choice all my farming tools and the Crop that may be
on hand at my Death during her natural life or widow
hood but she is not to sell her lifetime right in
the Land or negros I give to my Wife one negro Girl by the
name of Critta during her natural life or widow hood and at the Death
of my wife I Give Critta to my daughter Terminia Herndon

[page 2]
Item I give and bequeath to my son Meturine C. Herndon
one hundred & fifty acres of land which is part of the
tract of land I bought of Robert Campbell also the
Hall Tract of land which is one hundred and forty
acres I give to my son M. C. Herndon one negro boy by the
name of Jack one negro boy by the name of Duncan and
at the death of my wife I give to M. C. Herndon one negro
Woman by the name of Lucy one bed & furniture

Item I give and bequeath to my Grand son Lorenzo
J. Vann two Dollars I Also Give him the bed and
furniture & bedstead that I give to his mother

Item I give and bequeath unto my son Costlett M.
Herndon the Tract of land whereon I now live all
except what I willed to my wife and that to be his
after her Death I give my Son C. M. Herndon one negro
Man by the name of Ben one negro boy by the name of
Hamlett and after the Death of my wife I Give to
C. M. Herndon one negro Man by the name of Bob
one bed & furniture

Item I give and bequeath unto my daughter Terminia
Herndon one negro Woman by the name of Darcas and
her increase one negro boy by the name of Dennis one
negro boy by the name of Isham I give to my Daughter
Terminia Herndon one clock one bureau one bed and
furniture one Chaney press[Note 1] one Side Saddle

Item I give and bequeath to my two sons M. C. Herndon
and C. M. Herndon my waggon and gears

Item my will and desire is that the property I willed
to my wife and all the residue of my estate that I have not
will Shall be Sold after the Death of my Wife and
to be equally Devided between M. C. Herndon

[page 3]
Costlett M. Herndon and Terminia Herndon

Item I give and bequeath unto my Daughter Mary Gorman
one negro Girl by the name of Synthia

Item I give and bequeath unto my Daughter Nancy Barbee
one negro boy by the name of Jefferson which she has
had

Item I give and bequeath unto my Grand Children
the Children of my son James Herndon one Dollar

and lastly I constitute and appoint my Friends
Thomas Bilbo and Anderson Ferrell executors of
this my last Will and Testament in Testamony
whereof I have hereunto Set my hand and Seal
the 19th day of February 1838.

Signed Sealed and                 his
delivered in presence of    James (X) Herndon (seal)
                                  mark
Aquila Herndon }
Sullivan Leigh } Jurat

                    Anderson Ferrell renounces his
                    right to qualification ----
                    ["Thos Bilbo qualified" x-out]

[Will Book Volume F, page 31]
State of North Carolina } Towit
          Orange County }
                          In the name of God Amen
I James Herndon of the County and State aforesaid
being far advanced in Years but of Sound Mind and Memory
Blessed be God do make Constitute ordain and declare this
my last Will and Testament in manner and form following
that is to say first that my Executors hereinafter named
Shall provide for my body a decent burial Suitable to the wishes
of my relations and friends and pay all funeral expenses together
with my Just debts howsoever and to whomsoever owing out
of the monies that may first come into their hands as a part
or parcel of my estate

Item I Give and bequeath to my Daughter Elizabeth Carlton fifty
Acres of Land to be taken off of the Tract of Land that I purchased
of Robert Campbell to be taken off of the West end I also give
her the Tract of land Whereon She now lives in fee I give my
Daughter Elizabeth Carlton one negro boy by the name of Ruffin

Item I Give and bequeath to my Wife Mary M Herndon Three hundred
Acres of land to be taken off of the north end of the Tract of land
whereon I now live to include the Dwelling house and other imp=
=rovements for and during the term of her natural life in Satisfaction
for and in lieu of her dower and thirds of and in all my real estate I
Give to my Wife Mary M Herndon one negro woman by the name
of Lucy one negro Man by the name of Bob one bed & furniture and
bedstead one foalding Table one Desk one large Chest Six Win[d]sor
Chairs ten Choice of my hogs two Choice of Cows and Calves one horse
her Choice all my farming Tools and the Crop that may be
on hand at my Death during her natural life or widow
hood but she is not to sell her lifetime Right in the Land or negros
I Give to my Wife one negro Girl by the name of Cutta [orig: Critta] During

[Will Book Volume F, page 32]
her natural life or widowhood and at the death of my wife
I Give Critta to my daughter Terminia Herndon ~~~

Item I Give and bequeath to my son Meturine C Herndon one Hun=
=dred & fifty acres of land which is part of the Tract of Land I
bought of Robert Campbell also the Hall Tract of land which [is]
one Hundred and forty Acres I Give to my son M C Herndon one negroe
boy by the name of Jack one negro boy by the name of Duncan and
at the death of my Wife I give to M C Herndon one negro Woman
by the name of Lucy one bed & furniture

Item I give and bequeath to my Grand son Lorenzo J Vann
two Dollars I also give him the bed and furniture & bedstead that I give
to his mother ~~~

Item I give and bequeath unto my son Castlett M Herndon the
Tract of Land whereon I now live all except What I willed to my wife
and that to be his after her Death I give my son C M Herndon one
negro man by the name of Ben one negro boy by the name of Hamlett
and after the Death of my wife I give to C M Herndon one negro man
by the name of Bob one bed & furniture

Item I give and bequeath unto my Daughter Terminia Herndon one
negro Woman by the name of Darcas and her increase one negro boy
by the name of Dennis one negro boy by the name of Isham I give to
my Daughter Terminia Herndon one Clock one bureau one bed and
furniture one Chaney press[Note 1] one Side Saddle ~~~~~

Item I Give and bequeath to my two sons M C Herndon and C M
Herndon my Waggon and Gears ~~

Item my Will and desire is that the property I willed to my wife
and all the residue of my estate that I have not will shall be sold
after the Death of my Wife and to be equally Divided between M C Her=
=ndon Castlett M Herndon and Terminia Herndon ~~~~~

[passage found in loose will, missing in will book copy]
Item I give and bequeath unto my Daughter Mary Gorman
one negro Girl by the name of Synthia
[end of missing passage]

Item I give and bequeath unto my Daughter Nancy Barbee one negro
one negro Girl by the name of Synthia [orig: boy by the name of
Jefferson which she has had]

Item I give and bequeath unto my Grand Children the Children of
my son James Herndon one Dollar ~~~

And lastly I Constitute and appoint my friends Thomas Bilbo
and Anderson Ferrell Executors of this my last Will and
Testament ["of" x-out] in Testemony whereof I have hereunto set my hand
and seal the 19th day of February 1838.                his
Signed Sealed and         }                      James (X) Herndon (seal)
Delivered in presence of  }                            mark

[Will Book Volume F, page 33]
Equila[sic] Herndon
Sullivan Leigh

                      Orange County November Term 1839
The Execution of the foregoing Last Will and Testament of
James Herndon decd. was duly proved in Open Court by
the oaths of Equila Herman Herman and Sullivan Leigh the subscribing
Witnesses thereto and ordered to be recorded ~~~~
                                     Test

Additional Comments:
Will Book Volume F, pages 31-33
Recorded Nov 1839

Note 1: What is a "Chaney press"?

Estate Papers comprise 73 pages and are found in a folder labeled "Herndon, James (1840)". No family history found.