Orange County NcArchives Wills.....Hutchens, Lewis July 26, 1861 ************************************************ 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 G, pages 466-468 Written: July 26, 1861 Recorded: Feb 1865 Testator: Lewis Hutchens In the name of God Amen, I Lewis Hutchens of the County of Orange and State of North Carolina being of Sound mind and memory, but considering the uncertainty of my earthly existance[sic], do make and declare this my last Will and Testament, in manner and form following, that is to say:- First That my Executor (hereinafter named) shall provide for my body a decent burial, suitable to the wishes of my relations And friends, and pay all funeral expenses, together with my Just Debts, howsoever and to whomsoever owing, out of the money's that may first come into his hand as a part or parcel of My estate Item 2nd I give and devise to my beloved wife Elizabeth One hundred and fifty Seven acres of land it being this Tract whareon I now live including my Mansion house And all out houses to have and to hold to her the said Elizabeth for and during her natural life, and at her the said Elizabeth De[a]th the above named Lands and improvements to be equally divided between my four Daughters now living with me and name as follows :- Martha, Mary, Nancy Jane, and Isabella Item 3rd I further give and devise to my beloved wife Elizabeth My sorrel Hors[e] Waggon and Harnes[s], One Cow and Calf her choice on[e] sow and pigs her choice six head of sheep her choice one Bed and furniture one clock one stand of Drawers one walnut Table one cupboard Six Chairs One Loom one wheel and Cards together with cooking utensils and warter[sic] Vessels knives forks plates cups & saucers Item 4th I further give and bequeath to my beloved wife Elizabith[sic] Support for one year together with Cotton and wool, to be allotted to her the said Elizabeth by a committee of Three disinterested Free= holders in the neighbourhood. This Committee to be appointed by a Justice of the peace in this part of this county. The above committee will also allot to the said Elizabeth as many farming implements from among those I have on hand as they think she neads[sic] to car[r]y on a farm [page 2] Item 5th I further give and devise to my four Daughters now living with me (to wit) Martha, Mary, Nancy Jane, and Isabella, Each one Cow and Calf One Bed and furniture and one chest, except My Daughter Isabella as thare[sic] is not good cows enough for all I give her Fifteen Dollars out of the proceeds of Sale herein after mention ed it is my wish and disere[sic] that my Four Daughters named in this Item Remain with thare mother as long as she lives or they live single Item 6th It is further my wish and desire that my Executor hereinafter named Shall Collect all moneys due me at my Dece that he may by Law be able to collect, and Shal[l] sell at public auction on a credit of six Months all the residure[sic] of my Estate not bequeathed in the above Items and after having common time to make collections shall pay to my Two sons Lewis Williams and Francis Marion and my Daughter Sally Tilley Twenty five Dollars Each, And the Balance to be Equally divided between my heirs in this part of the country Item 7th It is further my wish and desire that the property left my beloved Wife Elizabeth in Items Third & fourth be sold at her Death by my Executor herein after named and the proceeds be Equally divided between My heirs in this part of the Country and named as follows Ann - Woods, Catharine Garrard, Elizabeth Phipps, Martha Hutchens, Mary Hutchens, Nancy Jane Hutchens, and Isabella Hutchens Item 8th it is my wish and desire that my beloved wife Elizabeth and my four Daughters now living with me keep and take care of my Negro Man Sam and in case Sam should out live his Mistress my four Daughters (to wit) Martha, Mary, Nancy Jane, and Isabella shall Jointly take care of him During his life Item 9th It is my wish and desire that my Executor herein after named be paid by the Court for his trouble out of the money arising from sales of property of my estate before dividing among legatees as above named And lastly, I do hereby Constitute and appoint My trusty Brother Allen Hutchens My lawful Executor to all intents and purposes, to execute this my last will and testament accor= [page 4] ding to the true intent and meaning of the same and every part and clause thareof, hereby revoking and declaring utterly void all other wills and Testaments by me hereto= fore maid[sic] In Witness whareof I the said Lewis Hutchens do here= unto set my hand and seal this 26th day of July AD 1861 Lewis Hutchens (seal) Signed sealed published and declared by the said Lewis Hutchens to be his last Will and Testament in the presence of us who at his Request and in his presence do sub- scribe our names as Witnesses thareto Thomas Ferrell Dudley Pead [Will Book Volume G, page 466] In the name of God Amen I Lewis Hutchens of the County of Orange and State of North Carolina being of Sound mind and memory but Considering the uncertainty of my earthly existance[sic] do make and declare this my last Will and Testament in manner and form following that is to say First That my Executor herein after named shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts howsoever and to whom soever owing out of the moneys that may first come into his hand as a part or parcel of my Estate Item 2nd I Give and devise to my beloved Wife Elizabeth one hundred and fifty seven acres of land it being this Tract whereon I now live including my mansion house and all out houses to have and to hold to her the said Elizabeth for and during, her natural life, and at her the said Elizabeths death the above named lands and improvements to be equally divided between my four Daughters now living with me and name as follows Martha Mary Nancy Jane and Isabella Item 3rd I further give and devise to my beloved Wife Elizabeth my Sorrel horse Waggon and Harness one Cow and Calf her choice one Sow and pigs her choice Six head of sheep her choice one Bed and furniture one clock one stand of Drawers one Walnut Table one Cupboard Six Chairs one Loom one wheel and Cards together with cooking utensils and water Ves[s]els Knives forks plates Cups & Saucers [Will Book Volume G, page 467] Item 4th I further give and bequeath to my beloved Wife Elizabeth support for one Year together with Cotton and wool to be allotted to her the said Elizabeth by a Committee ["to be appointed" x-out] of three disinterested freeholders in the neighbourhood This Committee to be appointed by a Justice of the Peace in this part of this County The above committee will also allot to the said Elizabeth as many farming implements from among those I have on hand as they think she needs to Car[r]y on a farm Item 5th I further give and devise to my four Daughters now living with me (to wit) Martha Mary Nancy Jane and Isabella each one Cow and Calf one Bed and furniture and one chest except my Daughter Isabella as there is not good cows enough for all I give her fifteen Dollars out of the proceeds of Sale hereinafter mentioned it is my Wish and disire[sic] that my four Daughters named in this Item Remain with their mother as long as she lives or they live Single Item 6th It is further my wish and desire that my Executor hereinafter named Shall Collect all moneys due me at my decd. that he may by Law be able to Collect and Shall Sell at public auction on a credit of Six months all the residue of my estate not bequeathed in the above Items and after having Common time to make Collections Shall pay to my two sons Lewis Williams and Francis Marion and my Daughter Sally Tilly Twenty five dollars each and the Balance to be Equally divided between my heirs in this part of the Country Item 7th It is further my wish and desire that the property left my beloved Wife Elizabeth in Items Third [Will Book Volume G, page 468] & fourth be sold at her death by my executor hereinafter named and the proceeds be equally divided between my heirs in this part of the Country and named as follows Ann Wood Catharine Garrard Elizabeth Phipps Martha Hutchens Mary Hutchens [Nancy] Jane Hutchens and Isabella Hutchens Item 8th It is my wish and desire that my beloved Wife Elizabeth and my four Daughters now living With me Keep and take care of my negro man Sam and in case Sam should out live his Mistress my four Daughters (to wit) Martha Mary Nancy Jane and Isabella shall Jointly take care of him during his life Item 9th It is my wish and desire that my Executor hereinafter named be paid by the Court for his trouble out of the money arising from sales of property of my estate before dividing among legatees as above named And lastly I do hereby Constitute and appoint my Trusty Brother Allen Hutchens my lawful Executor to all intents and purpose[s] to execute this my last will and testament according to the true intent and meaning of the Same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made In Witness whereof I the said Lewis Hutchens do hereunto set my hand and Seal this 26th day of July AD 1861 Signed sealed published and declared by the Said Lewis Hutchens to be his last Will and Testament in the presence of us who at his request and in his presence do Subscribe our names as Witnesses thereto Thomas Ferrell Lewis Hutchens (seal) Dudley Peed Orange County Court Feby Term 1865 The Execution of the foregoing last Will & Testament of Lewis Hutchens deceased is proved in open Court according to law See minutes Additional Comments: Will Book Volume G, pages 466-468 Recorded Feb 1865 Estate Papers comprise 50 pages and are found in a folder labeled "Hutchins, Lewis (1866)". 24 Jan 1870, James H Garrard was appointed Administrator because the executor named in the will (Allen Hutchens, brother of the testator) has died. Married names of legatees in 1870: Martha Myers and Isabel Mangum Name of Martha's husband: Joseph H. Myers Name of Catharine's husband: James F Garrard Name of Isabella's husband: Durell Mangum Mary's name is listed as "Mary M. Hutchins"