Orange County NcArchives Wills.....Herndon, Lewis July 18, 1817 ************************************************ 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 518-519 Written: July 18, 1817 Recorded: Feb l8l8 Testator: Lewis Herndon [original will] In the name of God Amen, I Lewis Herndon of Orange County in the state of North Carolina being weak of Boddy but of Sound mind and Perfect Judgment and Knowing it is appointed for all men to die do make and Constitute this my last Will and Testament Disannulling and Revoking all other Wills whatsoever Item first I desire my Executors to pay my Just Debts out of any Money that I may have in hand at my death or From the sale of any property that may be made Item I give to my beloved wife Polley Herndon during her natural life the house and Land where on I live Item I lend unto my wife Polley Herndon my Negroes Ned Dred Ledia Lucae Jack Jacob Rachel Grace and Feribee I desire that my wife keep our Children together and Maintain and Educate them out of the Labour or the hire of Said negroes and as my Sons become of age or my Daughters Marry that the County Court of pleas and quartersessions of Orange County appoint three Commissioners as to them may seem proper to a lot to Each of my Children to wit Joseph George Lewis Willis and Polly Negroes to the vallue of Five Hundred Dollars and if the vallue of the negro doth not amount to Five Hundred Dollars, it to be made of any other property by said Commissioners if a negro should Be vallued to more than five Hundred Dollars the Child ["to pay" x-out] to pay to my Executor the amount that is over five Hundred Dollars Item I lend unto my wife Polley Herndon my House hold and Kitchen Furniture Item I lend unto my said wife the [w]hole of my stock of Horses Hogs Cattle and Sheap also my Farming Utentials Item I give to Each of my children as they become of age a bed and furniture a cow and calf also a horse and Saddle [page 2] Item I desire my lands in Wake County be Equaley Divided between my Four sons to wit Joseph Lewis George and Willis I desire the Division to be made when my Oldest Son Joseph become of age at the death of my Wife I desire the Land where on I now live also the Negroes that Remain after Each of my Children have Received their parts that has already been alotted to them be Equalley Divided between the whole of my Children I desire the whole of my stock also all other parts of my property not mentioned, at the death of my Wife be Sould and the money arising from the Sale be Equally Divided between my said Sons and Daughter Lastly I appoint My Friends Joseph Booth Junior Samson Moore and my Beloved wife Polley Herndon Executors to this my last Will and Testament in Witness whare of I have hereunto Set my name and affixed my Seal the Eighteenth of July in the year of Our Lord one thousand Eight Hundred an[d] Seventeen Signed Sealed and Delivered in presence of us Lewis Herndon (seal) Mark Beasley Jurat her Polly (+) Beasley mark his David (X)Castleberry Jurat mark Exx qaulified Lewis Herndon Will Recorded [Will Book Volume D, page 518] In the name of God Amen, I Lewis Herndon of Orange County in the state of North Carolina being weak of Body but of sound mind and perfect Judgment, and knowing it is appointed for all men to die, do make and constitute this my last Will and Testament, disannulling and revoking all other Wills whatsoever - - - Item, first, I desire my Executors to pay my Just debts out of any Money that I may have in hand at my death, or from the sale of any property that may be made - - - - Item I give to my beloved wife Polly Herndon during her natural life the House and Land whereon I live. Item. I lend unto my wife Polly Herndon my Negroes Ned, Dred, Lydia, Lucy, Jack, Jacob Rachel, Grace and Feribee. I desire that my wife keep our Children together and maintain and educate them out of the labor or the hire of said Negroes, and as my sons become of age or my daughters marry, that the county Court of Pleas & quarter Sessions of Orange County appoint three Commissioners as to them may seem proper to allott to each of my Children, to wit, Joseph, George Lewis, Willis and Polly Negroes to the value of Five hundred dol =lars, and if the value of the Negro doth not amount to five hundred dollars, it to be made of any other property by said [Will Book Volume D, page 519] Commissioners, if a negro should be valued to more than five hundred dollars, the Child to pay to my Executor the amount that is over five hundred dollars. Item. I lend unto my wife Polly Herndon my Household and Kitchen furniture --- Item I lend unto my said wife the whole of my stock of Horses Hogs, Cattle and Sheep, also my farming utensils --- Item I give to each of my children as they become of age a Bed and furniture, a Cow and Calf, also a Horse and Saddle --- Item I desire my lands in Wake County be equally divided between my four sons (to wit) Joseph, Lewis, George and Willis, I desire the division to be made when my oldest son Joseph become of age. At the death of my wife I desire the land where on I now live, also the Negroes that remain after each of my children have received their parts that has already been allotted to them, be equally divided between the whole of my children, I desire the whole of my stock, also all other parts of my property not mentioned, at the death of my wife be sold and the money arising from the sale be equally divided between my said sons and daughter. . . . . . . . Lastly I appoint my friends Joseph Booth Junr., Samson Moore and my beloved wife Polly Herndon Executors to this my last Will and Testament. In Witness whereof I have hereunto set my name and affixed my Seal the Eighteenth of July in the year of Our Lord one thousand eight hundred and seventeen --- Signed Sealed & delivered } in presence of us } Lewis Herndon (seal) Mark Beasley her Polly (+) Beasley mark his David (X)Castleberry mark Orange County February term 1818 the execution of the foregoing last will and testament of Lewis Herndon decd was duly proved in open Court by the oaths of Mark Beasley & David Castleberry subscribing Witnesses thereto, And was ordered to be recorded, at the same time Polly Herndon the Executrix named therein qualified accordingly Test. Additional Comments: Will Book Volume D, pages 518-519 Recorded Feb l8l8 Estate Papers comprise 23 pages and are found in a folder labeled "Herndon, Lewis (1818)". Testator died in January 1818. Willis Herndon petitioned for his inheritance in Feb 1823, presumably about the time he reached the age of 21. Lewis Herndon, Jr. petitioned for his inheritance in Aug 1821, presumably about the time he reached the age of 21. Mary Herndon, AKA Polly Herndon married Henry Simmons per a petition dated Feb 1825. Petition for inheritance fof George Herndon was made in Nov 1819. [Estate Papers - Inventory 23 May A.D. 1818] An Inventory of the property belonged to Lewis Herndon deceased Towit, - Nine Negroes Vizt. Ned Dred, Grace, Lydia & Jacob, Lucy & Rachel, Jack & Feribee [sundry items omitted] [Estate Papers - Allot Negroes to Polley Simmons 12 Mar 1825] March 12th day 1825 we the undersigned being appointed Commissioners by the February Term of Orange County Court to a lot[allot] the part of Negro property alotted to Polley Simmons, one of the legatees of Lewis Herndon ["do" x-out] deceased do vallue[sic] Jacop[sic] and Rachel at the price of $500 as the part of sd Polley Simons[sic] as devised by said Lewis Herndon in his will Sampson Moore his Joseph (X) Booth mark Zachr. Herndon [Estate Papers - Allot Negroes to Lewis Herndon 19 Sep 1821] September 19th day 1821 We the unde[r]signed Commissioners having Considered & [the] Order Issued by the County Co[u]rt of Orang[e] August Temr 1821 directing us to al[l]ot to Lewis Herndon out of the Negro property Belonging to the Estate of his Father amount to $500 have al[l]oted a negro woman by the name of Lucey at the vallue of Four ---- Hundred and fifty dollars and that the Executor pay him Twelve months after the date Fifty Dollars giving [given] Under our hands the day and date above writ[t]en Sampson Moore Zachariah Herndon his Joseph (X) Booth Senr mark [Estate Papers - Allot Negroes to Willis Herndon 6 Mar 1823] March 6th 1823 having met and con- sidered the Order made at the February Term of Orange Co[u]rt ordering us to lay of[f] the Legacy al[l]otted to Willis Herndon by his father Lewis Herndon have vallued a negro Woman by the name of Lida to him at $350 a Boy Child by the name Dick at $200 Sampson Moore Z. Herndon Joseph (X) Booth Senr [Estate Papers - Allot Negroes to Joseph B. Herndon 22 Dec 1818] We the undersigned Commissioners having met and Considered the nature of the will of Lewis Herndon dec. have according to the order ["of" x-out] Issued by he County Co[u]rt of Orange vallued a Certain Negro by the name of Dred[sic] unto Joseph B. Herndon at the price of Six Hundred Dollars and that a credit of Twelve months be allowed him for ballance that Remain over his Shear that is one Hundred Dollars in witness whare of we have her[e]unto set our hand and Seals this 22th[sic] day of December 1818 Sampson Moore his Joseph (X) Booth mark Z. Herndon