Orange County NcArchives Wills.....Hornaday, Lewis February 24, 1837 ************************************************ 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 500-503 Written: February 24, 1837 Recorded: Aug 1837 Testator: Lewis Hornaday In the name of God Amen I Lewis Hornady[sic] of the county of Orange & State of North Caro- -lina being of Sound mind & body, for which I humbly bless my Almighty Father and calling to mind the uncertainty of life and the certainty of death & the obliga- -tion to put my affairs in order do make ordain & publish this, as my last Will and Testament, hireby[sic] revoking all other Wills by me heretofore made on this the twenty fourth day of February in the year of our Lord Eighteen hundred & thirty Seven, in the following Manner Item 1st, It is my Will & desire that all my Just debts Funeral expences be paid fully Sattisfied Item 2nd I give & desire to my son William the Plantation on which he is now living, & one other tract of Land Known by the name of the Cotner Place & also I bequeath to him my Stage Waggon to him & his Heirs forever Item 3rd I give & devise to my son John the land commonly Known by the name of the Dale Plantation, also I give all the amount of money which I have heretofore paid out for Judgements & Executions against him, & also a part of the plantation on which I am now living Beginning at a big Rock near by an old house place, that used to be called James Stomans running West across the hill to the mouth of a bran -ch running West & then up the said branch to an old Road, and on the sd Road so or nearly so with a Strait line to John McPher -sons line to him & his Heirs forever Item 4th At the end of three years after my decease during which my Brother Simon Shall have the benefit of the Pike plantation to his own use, & at the end of the said three years - Then my Executors [page 2] Shall Sell the said Land & Pike Plantation the amount of which sale shall be equally divided Share & Share alike & paid over by my said Executors to my several Daughters namely, one equal share to Susanna Foust - to Polly Stafford to Ruth Wells - to Rebecca Hill - & to Hester Alexander to each of them and their Heirs forever ---- Item 5th I give & bequeath unto my Son Simon in addition to what I have already given him the sum of four hundred dollars to be paid to him by my Executors as his part of my estate forever with his share of the Residue Item 6th I now give and desire to my son Ezekiel all the balance of the plantation whereon I now live (except hereafter mentioned) also I bequeath to him one horse Saddle & bridle one cow & calf 5 head of Sheep, 10 head of hogs and one equal Share With Lewis of my Farming utensils to him his Heirs forever Item 7th I give & devise unto my Son Lewis the land and plantation Known by the name of the Dixon place, also One Hundred acres on the side of the Mountain the place where Jackson now lives and one hundred Acres of land West of Jackson adjoining - also I bequeath to him one horse bridle & saddle one Cow & calf 5 head of Sheep, 10 head of Hogs and an equal Share With Ezekial of my farm -ing utensils to him his Heirs forever I give my Waggon to Ezekiel & Lewis Jointly for their use Item 8th I give & bequeath to Dinah Marshall my young grey mare forever Item 9th I give & bequeath unto my beloved wife Dinah all my house hold furniture of every description during her life with all She brought with her forever with her maintainance on the plantati -on whereon I how live with Lewis's tract of land Item 10th All the residue of my property both real or perishable of every description my Executors Shall sell and equally devide the amt. among all my Children also also[sic] all my outstanding debts money and money[sic] effects not otherwise disposed I will that it shall be Equeally divided be -tween all my Children I now do Constitute & appoint my son William Hornady & my friend William Thompson my Faithful Executors to this My last Will & Testament the day & year first above written I do this day in the presence of me the undersigned Witnesses declare and published this to be my last Will & Testament The word "Residue" enterlined his before signed Lewis (+) Hornady (seal) mark John McPherson R Freeman Exrs. qualfied. [Codicil] North Carolina } The following is the propo Orange County } -sed Codicil to the last Will and Testament of the late Lewis Hornaday decd. which was proposed by him in his own chamber during his last sickness and but a short time before his death This codicil was not reduced to writing but was verbally given in charge to the Executors of his last will in the presence of the Subscribing Witnesses. It was concerning a certain piece of tract of Land Which was entered by him since making his last will and of course was not disposed of in that Instrument It is as follows (viz) That as he had agreed to let his friend and neighbour William Thompson have fifty acres of the said tract of Land at the nett cost when the deed should have been obtained that it was his will that the contract should stand unimpared and that the ballance of the sd tract of Land should go to his son John Hornady to have and to hold the same forever, that the amount to be paid in by his friend William Thompson for the fifty acres above named should be added to his common estate and be disposed of as named in his Last Will That all costs which might accrue from procuring the deed for the sd tract of land should be paid out of his common estate and not by his son John Hornaday - That the fifty acres above should be divided off as might best suit the convenience and inclinations of the parties to whom it is thus bequeathed - and further that if it could be consistantly done it was his will that the Surveyor ______ Benson should so arrange the papers as cause the deed to come out in the name of John Hornaday instead of his own name --- In Witness of the above we hereunto set our hands this 25 day of August AD 1837 Henry Stout (seal) her Dinah (+) Hornaday mark this within noncupative Will was Recorded by Henry Stout to have been made by Lewis Hornaday in his last illness & in his own house & the same way reduced to writing within ten days after the same was made & after? fourteen[?] days was proved in Court [Will Book Volume E, page 500] In the name of God Amen I Lewis Hornady[sic] of the County of Orange & State of North Carolina being of sound mind mind[sic] & body, for which I humbly bless my Almighty Father and Calling to mind the uncertainty of life and the certainty of death & the obligation to put my affairs in order do make ordain & publish this as my last Will and Testament hereby revoking all other Wills by me heretofore made on this the twenty fourth day of February in the Year of Our Lord -- Eighteen Hundred & thirty Seven in the following Manner Item 1st It is my Will & desire that all my Just debts Funeral expences be paid fully Satisfied Item 2nd I give & desire to my son William the Plantation on which he is now living & one other tract of [Will Book Volume E, page 501] Land Known by the name of the Cotner Place & also I bequeath to him my stage Waggon to him & his Heirs forever Item 3rd I give and devise to my son John the land commonly Known by the name of the Dale Plantation also I give all the amount of money Which I have heretofore paid out for Judgements & Executions against him & also a part of the plantation on which I am now living Beginning at a big Rock near by an old House place that used to be called James Stomans running West across the Hill to the mouth of a branch Running West & then up the said branch to an old road and on the sd. Road so or nearly so with a Strait line to John McPhersons line to him & his Heirs forever ----- Item 4th At the end of three years after my decease during which my Brother Simon Shall have the benefit of the Pike plantation to his own use & at the end of the said three Years then my Executors Shall Sell the said Land & Pike Plantation the amount of which sale Shall be equally divided Share & Share alike & paid over by my said Exec- utors to my Several Daughters namely one equal Share to Susanna Foust to Polly Stafford to Ruth Wells to Rebecca Hill & to Hester Alexander to each of them and their Heirs forever ----- Item 5th I give and bequeath unto my Son Simon in addition to What I have already given him the sum of four Hundred Dollars to be paid to him by my Executors as his part of my Estate forever with his share of the Residue ---- Item 6th I now give and devise to my Son Ezekiel all the balance of the plantation whereon I now live (except hereafter mentioned) also I bequ= =eath to him one Horse Saddle & bridle One Cow & Calf 5 head of Sheep ten head of hogs and one Equal Share With Lewis of my farming utensials[sic] to him his Heirs forever ---- Item 7th I give & ["bequeath" x-out] devise unto my Son Lewis the land and plantation Known by the name of the Dixon place also One Hund= =red acres on the side of the Mountain the place where Jackson now lives and one hundred Acres of land West of Jackson adjoining Also I bequeath to him one horse bridle & sad[d]le One Cow & calf 5 head of Sheep 10 head of Hogs and an Equeal[sic] Share With Ezekial of my farming utensials to him his Heirs forever I give my Waggon to Ezekiel & Lewis Jointly for their use --- Item 8th I give & bequeath to Dinah Marshall my young grey mare forever Item 9th I give and bequeath unto my beloved Wife Dinah all my house hold firniture[sic] of every description during her life with all She brought with her forever With her maintainance on the plantation whereon I how live with Lewis [???] of land ---- Item 10th all the residue of my property both real or p[????] parishable of every description My Executor ???? sell and equa[????] the amount among all my Children also all my [?????????????????????] money & effects not otherwise disposed [??????????????????????????????] divided between all my Children [Will Book Volume E, page 502] I now do Constitute and appoint my son William Hornady & my friend William Thompson my faithful Executors to this my last Will & Testament the day & year first above Written ---- I do this day in the presence his of me the undersigned Witnesses Lewis (+) Hornady (seal) declare and published this to mark be my last Will & Testament John McPherson R Freeman Codicil North Carolina Orange County The following is the proposed Codical to the last Will and Testament of the late Lewis Hornaday ded. which Was proposed by him in his own Chamber during his last Sickness and but a short time before his death This codicil was not reduced to writing but was verbally given in charge to the Executors of his last Will in the presence of the Subscribing Witnesses - It was concerning a certain piece of tract of Land Which was entered by him Since makeing his last Will and of course was not disposed of in that Instrument It is as follows (viz) That as he had agreed to let his friend and neighbour William Thompson have fifty acres of the said tract of Land at the nett cost When the Deed should have been obtained that it was his will that the contract should stand unempared[sic] and that the balance of the sd. tract of Land should go to his son John Hornady to have and to hold the same forever that the amount to be paid in by his friend William Thompson for the fifty acres above named should be added to his common estate and be disposed of as named in his Last Will that all costs which might accrue from procuring the Deed for the sd tract of land should be paid out of his common Estate and not by his son John Hornaday That the fifty acres above Should be divided off as might best suit the convenience and inclinations of the parties to whom it is thus --- bequeathed - and further that if it could be consistantly done it was his Will that the ["benson"? x-out] Surveyor Benson Should so arrange the papers as cause the Deed to come out in the name of John Hornaday instead of his own name --- In Witness of the above we hereunto set our hands this 25 day of August AD 1837 Henry Stout (seal) her Dinah (+) Hornaday mark Orange County August Term 1837 [?????????????????????] foregoing last Will & Testament of [Will Book Volume E, page 503] Lewis Hornaday Decd. Was duly proved in Open Court by the Oath of John McPherson one of subscribing Witnesses thereto At the same time the foregoing nuncupative Will was proved by Henry Stout to have been made by Lewis Hornaday in his list Il[l]ness and in his Own House and the same was reduced in Writing within ten day after the same was made and after Fourteen days Was proved in Court and ordered to be recorded At the same time William Hornaday & William Thompson the Executor therein named appeared in Open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 500-503 Recorded Aug 1837 Estate Papers comprise 33 pages and are found in a folder labeled "Hornaday, Lewis (1838)". Family history transcribed below. [Estate Papers - Inventory 19 Feb 1840] [back page] We the under signed Legatees do hereby certify to whome it may concern that William Thompson surviving extr. of the last will and testament of Lewis Hornaday (decd) has settled with and paid us to satisfaction the full amount of all that has as yet ome into his hands as executor. in witness whereof we hereunto set our hands this 19th day of February 1840 John Hornaday Alfred Hornaday exc.[Esc?] Simon Hornaday Attorney Peter Foust John Foust John Stafford guari William Wells aturny in fact Sam Welhell [Wilholt?] Joseph Wells Archibald Alexander George Stafford [page 3] By paid Simon Hornaday a Legacy $400. By paid Hester Alexander do 14. By paid Wm Hornadays Estate 159. 28 1/4 } By paid John Hornadays 159. 28 1/4 } By paid Susanna Foust 159. 28 1/4 } By paid Polly Stafford 159. 28 1/4 } By paid Ruth Wells 159. 28 1/4 } Distributive Shares By paid Rebeckah Hill 159. 28 1/4 } By paid Simon Hornadays 159. 28 1/4 } By paid Hester Alexander 159. 28 1/4 } By paid John Stafford guard 159. 28 1/4 } for Ezekiel and Lewis Hord. minor heirs 319.58 1/2 _________________ 2368.62 3/4 William Thompson Extr.