Orange County NcArchives Wills.....Herndon, Mary September 17, 1843 ************************************************ 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 220-222 Written: September 17, 1843 Recorded: Aug 1844 Testator: Mary Herndon In the name of God Amen be it remembered that I Mary Herndon (widow of Eli Herndon) of the County of Orange and State of North Carolina being of Sound mind and memory but considering the uncertain =ty of my Earthly existance do make and declare this my last will and testament, in manner and form following, that is to say First that my executor (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 moneys that may first come into His Hands as a part or parcel of my estate Item, 1st my will and desire is that all my estate consisting of one Tract of land lying in wake County adjoining the lands of William Burton and others and all my lands in Orange County adjoining the lands of James Haward Thomas J. George and others, and also one negro man named Philip and one negro woman named Hester, and one negro woman named Chaina and one boy named Hill- =yard, and one Girl named Sary Jones, and one Girl named Harriet, and one Girl named Leasy and one boy named Lewis, and also all my stock of horses, Cattle, Hogs, Sheep and also all my Crop of Corn fodder, wheat, Cotton, Oats together with my househould & Kitchen furniture and all my farming tools, Shall be Sold and Equally divided among my Children (That is) Elizabeth Mason wife of John Mason, Reany Jenkins wife of Joseph Jenkins, Matilda George wife of William George, Martha George, wife of Ezekiel George [page 2] William Herndon and Matthew Herndon my Grand Sons, the heirs of Gustin Herndon, to have one share, between the two, and Madison Herndon my Grand Son, Son of Standford Herndon I have one share, Joseph Mason, Williams Mason, Gustin Mason, Adison Mason, Leroy Mason, Elizabeth Mason, Nancy Mason, the Heirs of My daughter Mary, wife of Berry Mason Decd. to have one share that is one seventh part Equally divided amongst them And I give and bequeath to Berry Mason one Dollar and it is my will and desire that all the above named property or all that may be on hand at the time of my death shall be sold and divided according to this my last will and testament. And lastly I do hereby constitute and appoint my trusty friend John Mason my lawful Executor to all intents and purposes, to execute this my last will and testament, according to the true intent and meaning of the Same, and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made In witness whereof I the Said Mary Herndon do hereunto set my hand and Seal the 17th day of September AD. 1843, Signed Sealed, published and declared by the Said Mary Herndon, to be her last will and testament in the presence of us who at her request and in her presence do subscribe our names as witnesses thereunto her John Marcum } Mary (X) Herndon (seal) } Jurat mark Willis Marcum } [Will Book Volume F, page 220] In the name of God Amen be it remembered that that[sic] I Mary Herndon (Widow of Eli Herndon) of the County of Orange & State of North Carolina being of sound mind & memory but considering the uncertainty of my Earthly existence do make & declare this my last will & testament in Manner & form following that is to say First that my Executor (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my relations & friends & pay all funeral Expenses together with my Just debts howsoever & to whomsoever owing out of the moneys that may first come into His Hands as a part or parcel of my estate Item 1st my will & desire is that all my estate consisting of one Tract of land lying in Wake County adjoining the lands of William Burton & others & all my lands in Orange County adjoining the lands of James Howard Thomas J. George & others & also one negro man named Philip & one negro woman named Hester & one negro woman named Chaina & one boy named Hillyard & one girl named Sary Jones & one girl named Harriet & one Girl named Leasy & one boy named Lewis & also all my stock of horses cattle Hogs Sheep & also all my Crop of Corn fodder wheat Cotton Oats to-gether with my house hold & kitchen furniture & all my farming tools shall be sold & equally divided among my children [Will Book Volume F, page 221] (That is) Elizabeth Mason wife of John Mason Beany[orig: Reany] Jenkins wife of Joseph Jenkins Matilda George wife of William George Martha George wife of Ezekiel George William Herndon & Martha[orig: Matthew] Herndon my grand Sons The Heirs of Gustin Herndon to have &[orig: one] share between the two & Madison Herndon my grand son, son of Standford Herndon I have one share Joseph Mason [orig: Williams Mason, Gustin Mason] Addison Mason Leroy Mason Elizabeth Mason Nancy Mason The Heirs of my daughter Mary wife of Berry Mason [orig: "Decd"] to have & to hold["& to hold" not in orig] one share that is one seventh part equally divided amongst them And I give & bequeath to Berry Mason one dollar & it is my will & desire that all the above named property or all that may be on hand at the time of my death shall be sold & divided according to this my last will & Testament And lastly I do hereby constitut[e] & appoint my trusty friend John Mason my lawful Executor to all intents & purposes to execute this my last will & testament according to the true intent & meaning of the same & every part & clause thereof hereby revoking & declaring utterly void all other wills & Testaments by me heretofore made In witness where of I the said Mary Herndon do here unto set my hand & seal the 17th day of September A.D. 1843 signed & sealed published & declared by the said Mary Herndon to be her last will & Testament in the presence of us who at her request & in her presence do subscribe our names as witnesses thereunto John Marcum her Mary (X) Herndon (seal) Willis Marcum mark [Will Book Volume F, page 222] Orange County August 1844 The Execution of the foregoing last Will & Testament of Mary Herndon Decd. was duly proved in open Court by the Oaths of John Marcum & Wilis Mecom[sic] the subscribing witnesses there to & ordered to be recorded At the same time John Mason the Executor therein named appe[a]red in open Court & qu[a]lified Accordingly Test Additional Comments: Will Book Volume F, pages 220-222 Recorded Aug 1844 There are an unusually large number of omissions and errors in the will book version of this. The original has bleed-through and is badly smeared so it is sometimes difficult to read. The will book copy should only be used to help read the original. Most notable are three items: 1) In the Will Book copy "Martha George" is listed as a grandson in the will book copy. 2) The original says "Matthew", and a line of names was omitted from the will book copy, but appeared in the original, i.e. "Williams Mason, Gustin Mason". 3) "Reany" is written "Beany" in the will book copy. Estate Papers comprise 14 pages and are found in a folder labeled "Herndon, Mary (1844)". Distributive Shares were 486.19. Distributees: Patsey George Matildy George Readny Jinkins Elizabeth Mason Maderson K. Herndon William Herndon (1/2 share) Matthew Herndon (1/2 share) Berry Mason as guardian Joseph Mason William Mason Guston Mason Elizabeth Mason Nancy Mason Anderson Mason Leroy Mason Berry Mason paid $1.00 [Estate Papers - Estate Sale 8 Oct 1844] AN inventory and an account of Sale of the property belonging to the estate of Mary Herndon Deceased sold by John A. Mason Executor of the said Deceased on the 8th day of October 1844 on a credit of Twelve months [sundry items omitted] 1 negro man Phillip Kindall B Wiatt 460.00 Hester & child William S. Atkins 548.00 Chany Joseph Boothe 410.00 Lewis Thos. Whitehead 131.50 Hilliard Isaac Hudson 310.00 Harett Do Do 233.00 Milesy Do Do 220.00 Sarah William S. Atkins 184.00