Orange County NcArchives Wills.....Hilliard, Lucy February 6, 1822 ************************************************ 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 E, pages 39-40 Written: February 6, 1822 Recorded: Aug 1823 Testator: Lucy Hilliard In the name of God Amen!- I Lucy Hillyard of the County of Orange and State of North Carolina, aware of the uncertainties which attend life and anxious to secure to my daughters the small portion of property I may leave behind me do make and ordain this my last will and Testament. - First. It is my desire that at a convenient time - after my decease my Executor do sell or otherwise dispose of my unimproved lot consisting of one acre of ground sit -uated in the village of Chapel Hill for the purpose of discharging such debts as May then exist against my estate. Second. It is my desire that if any surplus remain from the disposal of said lot after the discharge of said debts it together with the residue of my property be placed - and remain in possession of my eldest daughter Nancy as guardian of my other three daughters Lucy, Martha and Mary to be directed and disposed of by her for - her and their equal benefit and I seriously enjoin my - three youngest daughters to remain together under the direction of their eldest sister in the house I now occupy [page 2] and by their reciprocal exertions contribute to the support of each other - if however my eldest daughter should marry under circumstances which will not admit of her continuing as guardian to her sisters - then it is my desire that all my property be sold and equally divided between my - four aforesaid daughters - otherwise to remain as heretofore prescribed until the youngest of my daughters arrives at the age of sixteen years at which time I wish my - younger daughters to be exempted from the legal guar- -dianship of their eldest sister and each of them as well as her to receive an equal portion of such of my property as may then remain - all of which property debts or demands whether in possession or expectantcy as well that to which my right may not be known or to which my claim - may be disputed as that to which my title is clear and indefeasible I give and bequeath to my four aforesaid daughters and their heirs forever - on condition that the portion of such of them as shall die unmarried intes- -tate and under the age of sixteen shall go and belong in equal degree to the survivors in exclusion of their - brothers William and John whom nevertheless I tenderly [page 3] love and whose rejection from a participation with their sisters nothing could have induced me to make but the smallness of the property and the superior hardihood of their sex. ----------------------- Third. It is my desire that if the funds arising from the disposal of my unimproved lot aforesaid be insufficient to discharge my debts - my executor do sell or otherwise dispose of such other of my property as my eldest daughter may direct for the entire discharge of - the same------------------------------------------ Lastly I appoint Elijah Mitchell of Orange County in the State of North Carolina Executor of this will. - Executed February 6th AD. 1822.} Lucy Hillyard in the presence of } Wm Pannill Samuel Pannill Exr qualifd [Will Book Volume E, page 39] In the name of God Amen! I Lucy Hillyard of the County of Orange & State of North Carolina aware of the uncertainties which attend life & anxious to secure to my daughters the small portion of property I may leave behind me, do make & ordain this my last Will & Testament. ~~ First, It is my desire that at a convenient time after my decease my Executor do sell or otherwise dispose of my unimproved lot consisting of one acre of ground situated in the village of Chapel Hill for the purpose of discharging such debts as may then exist against my estate. [Second] It is my desire that if any surplus remain from the disposal of said Lot after the discharge of said Debts, it together with the residue of my property be placed & remain in possession of my eldest Daughter Nancy, as guardian of my other three daughters Lucy, Martha, & Mary to be directed & disposed of by her for her & their equal benefit & I seriously enjoin my three youngest Daughters to remain together under the direction of their eldest Sister in the house I now occupy ~~ and by their reciprocal exertions contribute to the Support of each other ~~~ if however my eldest daughter should marry under circumstances, which will not admit of her contin= =uing as Guardian to her sisters ~~ then it is my desire that all my property be sold & equally divided between my four afore said daughters ~~ otherwise to remain as heretofore prescribed until the youngest of my daughters arrives at the age of six teen years at which time I wish my youngest [orig: younger] daughters to be exempted from the legal guardianship of their eldest sister & each of them as well as her to receive an equal por- =tion of Such of my property, as may then remain ~~ all of which property debts or demands, whether in possession or expectantcy as well that to which my right may not be known or to which my claim may be disputed, as that to which my title is clear & indefeasible ~~~ I give & bequeath to my four aforesaid Daughters & their heirs forever, on Condition that, the portion of such of them as shall die unmarried, intestate & under the age of sixteen shall go & belong in equal degree to the survivors, in exclusion of their brothers William & John, whom nevertheless I tenderly love and whose rejection from a participation with their Sisters, nothing could have induced me to make but the smallness of the proper- ty & the superior hardihood of their sex. ~~ Thirdly. It is my desire that if the funds arising from the disposal of my unimproved lot aforesaid, be insufficient to discharge my debts ~~~ my Executor do sell or otherwise dispose of such other of my property as my eldest daughter may direct for the entire discharge of the Same Lastly I appoint Elijah Mitchell of Orange County in the State of North Carolina Executor [Will Book Volume E, page 40] of this will. ~~~ Executed February 6th AD. 1822. In the presence of Wm Pannill Jurat Lucy Hillyard Samuel Pannill Orange County August Term 1823 The Execution of the foregoing last Will & testament of Lucy Hillyard was duly proved in open Court by the oath of William Pannill a subscribing Witness thereto & ordered to be recorded ~~ At the same time Elisha Mitchell the Executor therein named qualified accordingly Test Additional Comments: Will Book Volume E, pages 39-40 Recorded Aug 1823 Estate Papers comprise seven pages and are found in a folder labeled "Hillyard, Lucy, Mrs. (1823)". [Estate Papers - Estate Sale 26 Nov 1823] A Schedule of the Property belonging to the Estate of Mrs Lucy Hillyard late of Orange Co N.Car. Deceased One female Slave Name Milly Value 175.00 [sundry items omitted]