Orange County NcArchives Wills.....Hooker, Nathan December 24, 1847 ************************************************ 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 398-399 Written: December 24, 1847 Recorded: Feb 1848 Testator: Nathan Hooker In the Name of God Amen! I Nathan Hooker of the County of Orange and State of North Carolina do make & declare this to be my last will and test= tament First. It is my will and desire that my family shall still remain together after my death, subjict[sic] of course to such natural and ordinary separation as may take place by way of settlement in business &c and I further will and direct that for a period of five years after my death my whole estate shall be kept together for the support and mainte= nance of my family and the education of my younger children. And it is my inten= tion and meaning that each one of my family shall have such portion of the yearly in= come as his or her situation and circam= stances[sic] shall require not doing injustice to the rest. Secondly. I give and devise to my beloved wife Juliana my residence here consisting of the buildings lots or land attached to them and the lot of land containing upwards of 90 acres which I purchased of Dr. Webb ad joining William Cain & others, also all my furniture here and household goods, car= riage buggy[See Note 1] farming utensils waggon &c and five negroes her choice consisting of three women and and[sic] two men or boys & this property I give to her independently of the provisions of the first clause of my will and over and above her equal share of the rest of my estate Thirdly. I will and direct that all the rest of my land & real estate and all my perish= able property, the negroes excepted, shall be sold by my executor at the expiration of the period [page 2] of five years and the proceeds of the sale shall be added to the value of my negroes and all the rest of my estate and shall be equally divided between my wife and all my chil= dren share and share alike But the shares of the younger children who may be under age may still be kept together as a common fund if their interest and convenience shall require it. I appoint my son Octavius Hooker my exec= [u]tor & my wife Juliana executrix to take charge of my estate according to the pro= visions of this will and in all things to execute the same according to law. Signed sealed published and declared by me as my last will and testament this the 24th day of December A.D. 1847 (Interlined, 5 lines above bifore[sic] signed) In Presence of Nathan Hooker (seal) J. W. Norwood W.W. Browne Jurat [Will Book Volume F, page 398] In the Name of God Amen! I Nathan Hooker of the County of Orange & State of North Carolina do make & declare this to be my last will & testament First. It is my will & desire that my fam= ily shall still remain together after my death, subject of course to such natural & ordinary separation as may take place by way of settlement in business &c & I further will & direct that for a period of five years after my death my whole estate shall be kept together for the support & maintenance of my family and the education of my younger children; And it is my intention & meaning that each one of my family shall have such portion of the yearly income as his or her situation and circumstances shall require not doing injustice to the rest. Secondly. I give & devise to my beloved wife Juliana my residence here consisting of the buildings lots or land attached to them And the lot of land containing upwards of 90 acres which I purchased of Dr Webb adjoining William Cain & others also all my furniture here & household goods, carriage horses [orig: buggy] farming utensils wagon &c And five negroes her choice con= [Will Book Volume F, page 399] sisting of three women & two men or boys and this property I give to her independently of the provisions of the first clause of my will and over and above her equal share of the rest of my estate. Thirdly I will & direct that all the rest of my land & real estate and all my perishable prop= erty, the negroes excepted, shall be sold by my executor at the expiration of the period of five years and the proceeds of the sale Shall be added to the value of my negroes and all ["And all" x-out] the rest of my estate and shall be equally divided between my wife & all my Children share & share alike. But the shares of the younger Children who may be under age may still be Kept together as a Common fund if their interest & Convenience shall require it I appoint my son Octavius Hooker my executor & my wife Juliana Executrix to take charge of my estate according to the provisions of this will and in all things to execute the same according to law Signed sealed published & declared by me as my last will & Testament this the 24th day of December AD 1847 In Presence of Nathan Hooker (seal) J W Norwood W H Browne Orange County February Term 1848 The Execution of the foregoing last will & Testament of Nathan Hooker decd was duly proved in open Court by the oath of W. H. Brown one of the subscri= bing witnesses thereto & ordered to be recorded At the same time Octavius Hooker one of the Executor named in said will appeared in open Court and ["was" x-out] qualfied accordingly Test Additional Comments: Will Book Volume F, pages 398-399 Recorded Feb 1848 Note 1: "buggy" is written in a mostly-illegible scrawl, and in the will book version, this is rendered as "horses". Since this appears in a list of other equipment, it would appear that this is "buggy". refractious: (archaic) Obstinate and unruly; strongly opposed to something. The handwriting is the same as many of this era. Appears to be J. W. Norwood's handwriting, one of the witnesses, and a prominent Orange County attorney in matters of probate. Estate Papers comprise 14 pages and are found in a folder labeled "Hooker, Nathan (1852)". Octavius Hooker listed as "O. W. Hooker" in papers... [Estate Papers - Petition of Octavius Hooker May 1850] Orange County } Court of Pleas & Quarter Sessions May Term 1850 To the Worshipful the Justices of the Court aforesaid The Petition of Octavius Hooker, Executor of the last will & testament of Nathan Hooker decd. Humbly shew, that there is a female slave named Mary aged about nineteen years, who has an only child named Ann, aged about two years, belonging to this estate of his said testator now in his hands - That the said slave, is, refractious and disobedient, and is not desired to be retained in the family of said testator - And he therefore prays for leave to sell the said slave & her child aforesaid, on such terms as this court shall prescribe - And that Your Petitioner may have such other & further relief, as this case may require, he as in duty bound will ever pray &c W. Q. Graham Sol.