Orange County NcArchives Wills.....Huffhines, John Nov 1841 ************************************************ 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, page 238 Written: Nov 1841 Testator: John Huffhines in the Name of god Aman I want my Wife Rachel to have all my ["presessions" x-out] property as long as she stais in my Name I want Jackson Murry to have whare Leew[Low?] lives now ["???" x-out] seventy five acres more or less I want him to have hors[e] bridle and sad Dle providing that he stais out his time which the said Jackson Murr has bin a good Boy in his survis Test John Hufhines (seal) Jno Huffhind's Will Nov 1841 recorded [Will Book Volume F, page 238] In the name of God [Amen] I want my wife Rachel to have all my property as long as she stands[orig: stays] in my name I want Jackson Mury to have whare Lew[Low?] lives now Seventy five acres more or less I want him to have horse bridle & saddle provided that he stays out his term[orig: time] which the said Jackson Murr has bin a good boy in his service John Huffind (seal) Orange County Nov Term 1841 [probate statement not in will book.] Additional Comments: Will Book Volume F, page 238 Not dated, proved Nov 1841 Name on cover looks a bit like "Huffind". Handwriting of will is poor, and the will book copy is not very good. No executor named. No witnesses. Quite surprising that this was recorded, but no entry in the will book about it being proved. Estate Papers comprise 54 pages and are found in a folder labeled "Huffhines, John (1840)". Much of this material concerns the widow disputing the will and petitioning for dower rights. John Huffhines died in October 1840. Note 1: devisavit vel non: a document that sets forth the questions of fact pertinent to the validity of an alleged will and is sent from a court of probate or chancery to a court of law for a jury trial for judgment as to the validity of the will. [Estate Papers - Petition Nov 1840] State of North Carolina } County Court Orange County } Nov. Term 1840 To the Justice of Said Court The petition of Rachael Huffhines widow of John Huffhines deceased, George Huffhines, Conrad Tickle & Elizabeth his wife, ____ Cortner & Christina his wife, David Low and Caty his wife, the heirs at law of Henry Low[Law] decd., George Conodle and Molly his wife, the heirs at law of Jacob Huffhines desc & Jackson Murry against The Heirs at law of Conrad Farmer decd. humbly sheweth unto your worships that John Huff- hines has departed this life since the last Term of this Court, leaving a paper writing, which had been pre - sented for probate as his last will and testament, but from which your petitioner Rachael his wid- ow has dissented - by which will he leaves about 75 acres of land conditionally to your petitioner Jackson Murry. Your petitioners further shew that the said John Huffhines was at the time of his death seized and possessed of about 300 acres of land lying in Orange County on the water of Haw River, which if said will shall be established will belong to his heirs [page 2] at law subject to the Dower of his widow and the said devise to Jackson Murry; and if siad will should not be established the said lands will belong to the same persons with the exception of the said Jackson Murry. Your petitioners shew unto your worships that that[sic] the said John Huffhines left no child sur- viving him, & that his heirs at law are your pe- titioners his brothers & sister & the issue of such as are deceased, viz, George Huffhines, Elizabeth Tickle wife on Conrad Tick, Christina wife of ___ Curtner, Cat wife of David Low, the hers at law of Henry Low decd, Molly the wife of George Cornodle, the heirs at law of Jacob Huffhines decd and the defendants the heirs at law of Conrad Farmer who reside beyond the limits of this state and are unknown to your petitioners Your petitioners pray that a writ of dower my be issued to the sheriff to assign dower in the said lands to your petitioner Rachael Huffhines. J. W. Norwood Atto. [Estate Papers - Petition of Jackson Murry Nov 1841] State of North Carolina } County Court Orange County } November Term 1841 To the worshipful the Justice of said Court The petition of Jackson Murry, a minor under the age of twenty one years, who sues in the behalf of his next friend John Taylor Against The Heirs at law of John Huffhinds dec'd Humbly sheweth unto your worships that John Huff- hinds late of Orange County diparted[sic] this life in the month of October 1840, having first made in writing a last will and testament, which after his death was offered for probate in the County Court of Orange County, & Rachael Huffhinds the widow of the said John Huffhinds came into open Court & had her dissent to said will duly entered of Record and at the same time came also into Court the heirs at law of said Huffhines[sic] (hereinafter named as de - fendants) and caveated the probate of said Will whereupon the said Court ordered an issue of "devisavit vel non" [Note 1] to be made up between your petitioners & the said Heirs, and the trial upon said issue was continue from that court (viz Nov Term 1840) to Nove Term 1841 when the same came on to [be] tried and was found in favour of the will and by the judgment of the said Court, the said will was duly admitted to probate & ordered to be recorded - Your petitioner shews that said John Huffhinds was at the time of his death seized and possessed of about 300 acres of land lying in the County of Orange of the Waters of Haw [page 2] River, and that in and by the said will he devised to your petitioner Seventy five acres of said land where a tenant by the name of Lorie[?] lived - on condition that your petitioner who was a bound apprentice to said John Huffhinds would continue to serve the widow of said John until he should arrive at lawful age - which condition your petitioner accepts and takes the land on that condition. Your petitioner further shews that the said will does not dispose of the remainder of the lands of said Huffhinds, but that the same descend to his heirs at law, who are his brothers and sisters & their heirs, as he left no children of his own - viz George Huffhinds, Elizabeth, mar- ried to Conrad Tickle, Christian married to _____ Cortner - Caty married to David Low - the heirs at law of Henry Low decd who married another sister - Molly the wife of George Conodle, the heir at law of Jacob Huffhinds deceased who married another sister - Your petitioner shews that he is ignorant of the names or places of residence of the said heirs at law of John Huffhinds, except as he has herein mentioned -- Your petitioner prays that commissioners may be appointed to lay off and allott[sic] your petitioner 75 acre of land as devised to him - and that the said heirs at law may be made defendants to this petition & answer the same according to the practice of this worshipful court J. W. Norwood Sol [Estate Papers - Petition of Legatees against Farmer Family Mar 1841] State of of North Carolina } In Equity Orange County } March Term 1841 To the Hon: The Judge of the Court of Equity for Orange County The Petition of George Huffhines of George Kernodle Jun for Susan, of Samuel Cotner & See parties wife Jenny, of Henry & Mary Low, the heirs of at end of Mary May, of Lucretia & Daniel Low, of petition the heirs of Elisabeth Tickle, against Jenna, Lucretia, ["& Molly" x-out] Framer Elizabeth Farmer Humbly complaining sheweth to yr. Honor that yr. Petitioners & the Defts are the heirs & next of Kin of John Huffhines late of the County of Orange who departed this life some time in the month of ______ 1840, leaving a widow Rachel him surviving but no children. -- That the said Widow had applied to the Court of Pleas & Quarter Sessions & hath had Dower allowed her of the Lands of the said deceased. That he died seized of a tract of three or four hundred acres of Land lying on the Water of Travis's Creek or the Waters of Haw River which yr. Petitioners are advised descended to them the heirs at Law of the said John. That the Defendant reside out of the State of North Carolina & as they are in- =formed & believe are in the State of Tennessee They further represent to yr. Honor, that the said Land cannot be devided among the heirs at Law herein named, without material injury to some or all of the said [page 2] heirs & this by reason of the small quantity of Land & the great number of heirs to whom the same hath descen- =ded. They pray of your Honor suffer[? offer?] the proof being made of the inability to divide the same without the injury as herein set forth, that yr. Honor write[? smile?] down[?] that the Same may be sold by the May Term of this Court & the proceeds equally divided among the said heirs equally & like cash stock being intitled the one share. --- And your Petitioners as in duty bound & will ever pray &c Waddle [?] for Ptrs. [page 3] Petitioners are: 1. George Huffhines 2. Geo: Kernodle & wife 3. Samuel Cotner 4. Elis. Fickel 5. Henry Friddle 6. Danl. Low 7. David Low 8. Anderson Low 9. Lucretia Low 10 Elisth. Huffhines 11 Simpson Huffhines 12 Malinda Huffhines 13 Delia Ablright vs Jenny, Lucretia & Elisabeth } daughters of Mary Farmer } Defts non-residents } [Estate Papers - Sale of Negro Feb 1841] State of North Carolina } County Court Orange County } Febry Term 1841 The petition[er] Jesse Grant Admr of John Huffhind's decd, humbly sheweth unto your worships that he is the administrator of John Huffhinds decd. that said deceased owned at the time of his death only one negro, and that there are seven or more legatees or distributees -- said negro cannot be divided specifically. Your petitioner prays that said negro may be sold for distribution J W Norwoord Ato petitioner In this case it is ordered by the court that the petitioner as admr. sell the negro belonging to his intestate's estate at the late residence of the deceased on a credit of 12 months with good bond & security after 20 day advertisement & report next court [Estate Papers - Distribution (undated)] John Hoofhine's Heirs Land Sold for $912 Cost of Sale 69:15 _____________ 842:85 Nine Legatees 1/9th of 842.85 1 George Hoofhines Paid 93:65 2 George Kernoble Paid 93:65 3 Samuel Cotner Paid 93:65 4 Eliz Tickel Paid 93:65 5 Henry Friddle Paid 93:65 6 Mary Farmer Heirs Paid 93:65 Anna 31:21 1/2 Lucretia 31:21 1/2 Betsy 31:21 1/2 7 Sally Lows Heirs Henry Low Paid 93:65 Don Low pd 23:41 1/4 David Low pd 23:41 1/4 Anderson Low pd 23:41 1/4 Lucretia Low pd 23:41 1/4 8 Jacob Hoofhines Heirs Paid 93:65 Betsy May pd 23:41 1/4 Simpson Hoofhines pd 23:41 1/4 Delia Albright pd 23:41 1/4 Malind Hoofhines pd 23:41 1/4 [9] Caty Low wife of David Low Paid 93:65