Orange County NcArchives Wills.....Hogg, James March 19, 1804 ************************************************ 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 146-148 Written: March 19, 1804 Recorded: May 1805 Testator: James Hogg In the name of God Amen, I James Hogg senior of the County of Orange and state of North Caro- -lina being of sound and disposing Mind and Memory Do hereby make and Publish this my Last Will and Testament as follows - Viz First. I do hereby authorize and Impower my Executors here- inafter named, or either of them, the Executor or Executors of the survivor or either of them, or the Administrator of my surviving Executor, to execute and perform all my contracts whereby I have become bound to Convey Lands to George Hooper of Wilmington or any other Person also all the Contracts which I may hereafter make for the Sale or disposal of Lands by execut- -ing sufficient conveyances to such persons or their assigns as shall under such Contracts or Agreements be intitled to the same, in as full and ample manner as I could have done ----------- Whereas I have lately, compromised with my Sisters Mary Elizabeth and Jean, and my niece Jean Baugess[Burgess?], for and on account of Legacies left them by my Brother Robert Hogg, And have agreed to pay them, subject to a Certain Contingency, the sum of Three thousand dollars in four Annual payments, in full satisfaction of said Lega- -cies - I do therefore hereby direct my Executors to pay to my said Sisters and niece, the whole, or such part of the sum aforesaid, as at the time of my decease may remain unpaid according to the terms of my Agreement with --- them, until it shall become expedient from the determina -tion of the Contingency above alluded to, to discontinue ["the" x-out] further payment, or otherwise they shall continue to make payments agreeably to the terms of my said Compromise, un- -til the whole sum shall be paid ---- And whereas I have heretofore given to my three oldest Children [page 2] Oldest Children[sic] property to the value of at least three hundred dollars - Therefore in order to put my other Chil- -dren on an equal footing - I desire My Executors to pay to my Son Gavin Alves, and to my Daughter Robina Norwood the sum of Three hundred dollars each I give devise and bequeath all the Residue of my estate Real and Personal, after satisfying all my Just debts, to my children Walter Alves, Gavin Alves, Helen Hooper and Robina Norwood and to my Grand Children John Huske and Ann Alves Huske to them and their Heirs and Assigns forever to be divided among them share and share alike the share or part of John and Ann Alves Huske being count- -ed only as one Share or Childs part to be divided between them equally --- And should any of my said Children or Grand Children die during my lifetime leaving heirs of their body, It is my will that the Legacy or Share herein bequeathed to such Child or Grandchild dying as aforesaid shall remain to & become vested in his or her Child or Children equally --- And should any of my said Children ["or grandchildren" x-out], die as aforesaid without line 20 leaving heirs of their body, Then it is my will that the Legacy or share here in bequeathed to such child ["or grand" x-out] line 22 & 23 ["child" x-out] so dying shall be null and void - - And should either of my said Grand- -children die as aforesaid then his or her share to go to the Survivor of them --- And in order that my will may be clearly understood, it is hereby declared to be my Meaning that my Children are to share equally and the Child or Children of such as may die ["without" x-out] during my lifetime (if any Children are left) shall have & receive the Legacy or share Hereby bequeathed to their Father or Mother ----- I hereby Authorize and Impower my Executors or the Survi- -vor of them to Sell and Convey my Estate real & personal or such part thereof as they or he in there[their] or his discretion may think advantageous to my Creditors and Legatees, either at Public or Private sale and upon such credit as they or he may Judge proper - - - And it is my wish that my Executors proceed [page 3] as soon as convenient to the distribution of my Estate among the several Legatees taking Bond with sufficient security from each Legatee for refunding in case it may be necessa- -ry, the whole Legacy or such part as will be sufficient to discharge any demands that may hereafter arise a- -gainst my Estate ---- And it is my wish further that my Executors be allow- ed a full compensation for their trouble & expenses in the Management of my Estate And Lastly I hereby Nominate and appoint my Sons Walter Alves and Gavin Alves Executors of this my last Will and Testament. And I hereby revoke and Annul all Wills by me heretofore made In testimony whereof I have hereunto caused[?] my name to be sett and my seal to be affixed this Nineteenth day of March 1804 ------- Signed sealed at his request published & declared to be the last will of the Testator In presence of us who have hereto Subscribed our names in his presence and in the presence of each other James Webb Jurat James Hogg (seal) C.C. Edie Gavin Alvis qualified May term 1805 Walter Alves qualified The following words on the 2nd page in the 20th 22d & 23 lines were [inserted?] viz "or Grandchildren" & "or Grand Child" - and the following words in the 23d line same page at the end of the sentence interlined viz. "and should either of my said Grand children die as aforesaid, then his or her share to go to the Sur- vivor of them"--- [Will Book Volume D, page 146] In the Name of God Amen, I James Hogg Senr. of the County of Orange and State of North Carolina being of sound & disposing mind & memory do hereby make and publish this my last Will and Testament as follows (Viz) First I do hereby authorise & impower my Executors hereafter named or either of them the execu- -tor or executors of the survivor or either of them or the administrator of my ["Contacts" x-out] surviving Executor to execute & perform all my Contracts whereby I have become bound to Convey Lands to George Hooper of Will- mington or any other person also all the Contracts which I may hereafter make for the sale or disposal of Lands by executing sufficient conveyan- -ces to Such persons or their assigns as shall under such Contracts or agreements [be] entitled to the same in as full and ample manner as I Could have done ~~~~~ Whereas I have lately, comprimised with my sisters Mary Elizabeth and Jean and my neace Jean Burgess for and on account for [orig: of] Legacies left them by my Brother Robert Hogg & have agreed [to pay them] subject to a Certain Contingency the sum of three thousand Dollars in four an[n]ual payments in full satisfaction of Said legacies ~~~~~ I do therefore hereby direct my Executors to pay to my sd. Sisters & niece the whole or such part of the sum aforesaid as at the time of my Decease may remain un paid according to the terms of my agreement With ~~~ them untill it shall become expedient from the determination of the contingen- cies above alluded to to discontinue further payment or otherwise they shall continue to make payment agreeably to the terms of my said Compromise untill the whole sum shall be paid ~~~~ And whereas I have [heretofore] given to my three oldest Children property to the value of [at least] three Hundred Dollars therefore in order [to] put my other Children on an equal footing, I desire my executors to pay to my son Gavin Alves & to my Daughter Robina Norwood the sum of three Hundred Dollars each ~~~~~~ [Will Book Volume D, page 147] I give devise & bequeath all the residue of my estate real and personal after satisfying all my Just debts to my Children Walter Alves Gavin Alves Helen Hooper & Robina Norwood & to my Grand Children John Husk[e] and Ann Alves Huske to them [and] their heirs & assigns forever to be divided among them share and share alike the share or part of John and Ann Alves Husk[e] being counted only as one Share or Childs part to be divided between them equally and should any of my said Children or Grand Children die during my lifetime leaving heirs of their body it is my Will that the legacy or share herein bequeathed to Such Child or Grand Child dying as aforesaid shall remain to & become vested in his or her Child or Children equally ~~~ And and[sic] should any of my said Children die as aforesaid without leaving heirs of their body then it is my will that the legacy or share herein bequeathed to such Child so dying shall be null and void and should either and sho'd either[sic] of my [said] Grand Children die as aforesaid then his or her share to go to the survivor of them and in order that my Will may be Clearly understood it is hereby declared to be my meaning that my Children are to share equally and the Child or Children of such as may die during my life time if any Children are left shall have & receive the legacy or share Hereby bequeathed to their Father or Mother ~~~~ I hereby authorize and impow- er my executors or the survivor of them to Sell and convey my estate real & personal or Such part thereof as they or he in their or his discretion may think advantageous to my Creditors and Legatees either at pub- lick or private sale and upon such Credit as they or he may Judge proper and it is my Wish that my Executors proceed as soon as conveni- ent to the distribution of my estate among the several Legatees take ing Bond with Sufficient Security from each legatee for refund- ing in case it may be necessary the whole legacy or such part as Will be sufficient to discharge any demands that [Will Book Volume D, page 148] may hereafter arise against my estate ~~~ And it is my wish fur- -ther that my Executors be allowed a full compensation for their trou- ble & expenses in the management of my estate ~~~ And lastly I here- by nomenate and appoint my son[s] Walter Alves & Gavin Alves Execu- tors of this my last Will and Testament and I hereby revoke & anull all Wills by me heretofore made made[sic] in Testimony Whereof I have hereunto caused my name to be sett & my seal to be affixed this Nineteenth day of March 1804 ~~~~~~ Signed, & sealed at his request published and declared to be the last Will of the testator in presence of us who have hereto Subscribed our names in his presence and in the presence of each other James Webb James Hogg (seal) Orange County Febry. Term 1805 The Execution of the foregoing last Will & Testament of James Hogg Decd. was duly proved in open court by the oath of James Webb one of the subscribing Witnesses thereto and or- dered to be recorded ~~~ At the same time Gaven Alves & Walter Alves qualified as executors ~~~~ Additional Comments: Will Book Volume D, pages 146-148 Recorded May 1805 Estate Papers comprise 18 pages and are found in a folder labeled "Hogg, James, Sr. (1805)". No family history found.