Orange County NcArchives Wills.....Jones, Francis February 8, 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, pages 198-200 Written: February 8, 1841 Recorded: May 1844 Testator: Francis Jones In the name of God Amen..~~~~ I Francis Jones late of the County of Chatham - but now of the town of Hillsboro in the county of Orange and State of North Carolina Being of advanced age, and feeble of body but of sound and disposing mind and memory - Do make and declare the following to be my last will and testament 1st I give and bequeath to my son in law Dr James S. Smith of Hillsboro my plantation in the county of Chatham called the Road or Grove place on Poke berry creek - adjoining the lands of John Hackney Joseph Bynum James Kirby and others and containing from two thousand to two thousand seven hundred acres of land - In trust for the sole use and benefit of my only child and daughter Delia Smith wife of the said Dr. James S. Smith for and during her natural life free from any right tittle[sic] of claim of the said James S. Smith or any person from or under him; or against any debt claim or demand of the said James S. Smith or any other person whatsoever - And at the death of the said Delia Smith then I will and bequeath the Said tract of land to my grandson Dr Francis J. Smith and his lawful heirs.- I further give and bequeath to my son in law Dr James S. Smith aforesaid my plantation called the Flower's place in the County of Chatham on the waters of the New Hope and Bush creek adjoining the lands of Isaah Cole Wm. Merritt and others and composed of several original tracts and supposed to contain from Eighteen hundred to two thousand acres - In trust for the sole use and benefit of my daughter Delia Smith wife of the said Dr James S Smith and no other and against any claim right or demand of the said James S Smith or any person claiming in through or by him - or against any claim right debt or demand against the said James S Smith or any other person whatsoever for and during her natural life and at her death I give and bequeath the said [page 2] Flowers tract to my Grand son James Sidney Smith and in event of his death to his lawful heirs - I furthermore give and bequeath to the said James S. Smith my son in law the following negro slaves to wit - Yellow James. Simon. Samuel. Dempsy. Tempy, and all her children - Aimy and all hir children - Betty and all her children - Milly Hetty and Violet - In trust for the sole use and benefit of my daughter Delia Smith and no other for and during her natural life - and against all right tittle claim or demand of the said James S Smith for himself or any person claiming by order or through him and against all debts claims or demands of the said James S. Smith or any person whomsoever and at the death of the Delia Smith I give and bequeath the said negro slaves and their increase to my three grand children - Francis J Smith - James Sidney Smith Mary R. Smith equally share and share alike and in event of either of their deaths to their lawful heirs ------- It is my will and request of my son in law Dr James S Smith that at his death he will give to my grand daughter Mary R. Smith the plantation in Orange County on Price's Creek which I conveyed to him by deed many years past. ----- Finally for any other purposes not set forth in the foregoing will I constitute and appoint the said James S Smith my Sole executor to this will ----------- Given under my hand and seal this 8th Day of February A D- 1841 ----------- Signed sealed declared and delivered in presence of Francis Jones (seal) A. Parks } Thomas Faucett } Jurat [Will Book Volume F, page 198] In the name of God Amen I Francis Jones late of the County of Chatham but now of the town of Hillsboro in the County of Orange & State of North Carolina being of advanced age & feeble of body but of sound [x-out] & disposing mind & memory Do make & declare the following to be my last Will & Testament 1st I give & bequeath to my son in law Dr. James S. Smith of Hillsboro my plantation in the County of Chatham called the Road or Grove place on Pokeberry creek adjoining the lands of John Hackney Joseph Bynum James Kirby [Will Book Volume F, page 199] And others and containing from two thousand to two thousand seven hundred acres of land in trust for the sole use & benefit of my only Child & daughter Delia Smith wife of the said Dr. James S. Smith for & during her natural natural[sic] lifetime free from any right title of claim of the said James S. Smith or any person from or under him or against any debt claim or demand of the said James S. Smith or any other person whatsoever - And at the death of the [said] Delia Smith then I will & bequeath the said tract of land to my grandson Dr. Francis J. Smith & his lawful heirs I further give & bequeath to my son in law Dr. James S. Smith aforesaid my plantation Called [the] Flower[s] place in the County of Chatham on the waters of the New Hope & Bush Creek adjoining the lands of Isaah Cole Wm. Merritt & others & composed of several original tracts & supposed to contain from Eighteen hundred to two thousand acres in trust for the sole use & benefit of my daughter Delia Smith wife of the said Dr. James S Smith & no other & against any claim right or demand of the said James S. Smith or any person claiming in through or by him or against any claim right debt or demand against the said James S Smith or by any other person whatsoever for & during her natural life & at her death I give & bequeath the said Flowers tract to my Grand son James Sidney Smith & in event of his death to his lawful heirs ~~ I furthermore give & bequeath to the said James S. Smith my son-in-law the following negro slaves (to wit) Yellow James Simon Samuel Dempsy Tempy and all her children - Sally [orig: Aimy] & all her children Betty & all her children Milly Hetty & Violet in trust for the sole use & benefit of my daughter Delia Smith & no other for & during her natural life - a[nd] against all right [Will Book Volume F, page 200] title claim or demand of the said James S. Smith for himself or any person claiming by order or through him & against all debts Claims or demands of the said James S. Smith or any person whomsoever & at the death of the Delia Smith I give & bequeath the said negro slaves & their increase to my three Grand Children Francis J. Smith James Sidney Smith Mary R. Smith equally share & share alike & in event of either of their deaths to their lawful Heirs It is my will & request of my son-in-law Dr. James S Smith that at his death he will give to my grand Daughter Mary R. Smith the plantation in Orange County on Prices Creek which I conveyed to him by deed many years past ~~ Finally for any other purposes not set forth in the foregoing will I Constitute & appoint the said James S. Smith my Sole executor to this will Given under my hand & seal this 8th Day of February A.D. 1841 Signed sealed declared & } delivered in presence of } Francis Jones (seal) A. Parks Thomas Faucett Orange County May Term 1844 The Execution of the foregoing last Will & testament of Francis Jones Decd was duly proved in open Court by the oath of A Parks & Thomas Faucett the subscribing witness thereto & ordered to be recorded At the same time James S. Smith the Executor therein named appeared in open Curt & qualified Accordingly Test Additional Comments: Will Book Volume F, pages 198-200 Recorded May 1844 Estate Papers comprise 143 pages and are found in a folder labeled "Jones, Francis (1857)". Captain Francis Jones departed this life on the 23rd of Feb A.D. 1844. Delia Smith, daughter of the testator and wife of the executor, Dr James S. Smith. departed this life on the 7th of Nov 1854. [Estate Papers - Deed of Trust 22 Nov 1845] Whereas by the last will & Testament of my father the last Francis Jones Decd., all his Estate real & personal is devised & bequeathed to my Husband sd James S Smith in strict trust for my sole & separate use & benefit free from all liability for his Debts or Contracts, And whereas he has had the management of siad Estate for now the second[?] year, and is willing to account for his liability therefor, by paying rent & hires for the Land & Negroes Now I do hereby accept of such mode of settlement & also agree to the prices at which he has charged himself in Book for said property, makeing[sic] for the two years the sum of Thirteen hundred & Seventy five Dollars And whereas the situation of my Hus bands affair renders it necessary in his Judg ment to dispose of his stock of Cattle, farming utensils &c and the said property, or other property of the like Kind is necessary for the cultivation & enjoyment of the Lands so devised to my said Husband for my use, No therefore be it know that I do hereby direct my husband as my Trus tee aforesaid to pay me the said sum of $1375 by having settled upon himself by such mode as the Law may permit of & direct, the value thereof at fair & Reasonable valuation, the following property Viz, His Carriage & Omnibus, the waggons carts &c upon the Lands or road, Horses, Mules, Cattle, Sheep, & Hogs, his farming tools and Utensils of every Kind, grind stones & Cross cut saws, also the corn & other grain on hand with the fodder & other forage, the cotton & tobacco, looms & tackling & appurtenances, also if the furni ture & household goods, and an Old Negro Man by the name of Joe aged about 65 years, all of which property when so purchased or taken for me, I direct to be conveyed by the proper mode to my said Husband, To be held by him in strict trust for me, for my sole & seperate[sic] use [last two pages omitted] [Estate Papers - Petition to Divide Slaves Nov 1856] State of North Carolina } Court Pleas & Quarter Orange County } Sessions. Nov Term, A.D. 1856 To the Worshipful, the Justice of said Court The petition of Sidney Francis and Mary Smith. Respectfully showeth unto your worships that Capt. France Jones late of Orange County departed this life on the 23rd of Feb AD. 1844 having made a last will and testament which was duly admitted to probate in Orange County Court May Term 1844. At which time James S. Smith the Executor therein named appeared in open Court and qualified as such - Your Petitioners further shew that by said will the said Francis Jones bequeathed all his negro slaves and their increase to James S. Smith in Trust for his daughter Mrs Delia Smith for and during the term of her natural life and at her death he bequeathed the said negroes and their increase to your petitioners equally share and share alike - They further shew that their mother Mrs. Delia Smith departed this life on the 7th of Nov 1854 and that by the terms [page 2] of said will there are tenants in common of the following negro slaves (to wit) Simon Hetty Sam, Old Aimy, Young Aimy, Fanny, Adeline, William Tempy, John Sally, Rom, Ben, Mary Ann, Lucy Edmund, Barney, Julia, Johanna, Duncan Your petitioners further show, that they desire to hold their shares of said slaves in severalty, and to that end they pray your worships to appoint three freeholders, unconnected with them by consanguinity or affinity, to divide the said slaves into three equal shares, and to allot and set apart to each of your petitioners one of said shares in severalty and to report their proceedings in due form of law to the next term of this Court, and your petition, as in duty bound, will ever pray. S Smith for your Petitioners On motion the following freeholder, to wit, John Carr, James C. Turrentine, George Laws are appointed comi ssioners to divide the slaves named in the petition into three equal shares, and allot to each of the petitioners one share thereof, in severalty, and report their proceedings in due form of law to the next term of this Court [Estate Papers - Division of Slaves 9 Feb 1857] State of North Carolina } Orange County ~~ } In obedience to an order of Orange County Court of Pleas and Quarter Sessions at November Term last appointing Commissioners to divide the slaves named in the petition of Mary R. Smith, Francis J. Smith & Sidney Smith, we the undersigned met on the 9th February 1857 at the house of Miss Mary R. Smith and after having been duly qualified proceeded to make the allottment[sic] and division as follows, To Wit. Lot No. 1 consists of the negroes Sam, William Julia, Adaline, Sally & Lucy, and allotted to Miss Mary R. Smith. ~~~~ Lot No. 2 consists of the slaves Tom, John, Fanny, Duncan, Edward, Simon, and Hetty, and allotted to Frances J. Smith, ~~~ Lot No. 3 consists of the slaves Ben, Amy, Mary Ann, & child Barney, Joan, Tempey and old Amey, and allotted to Sidney Smith. ~~~ and in order to make each lot of equal value Lot No. 1 is to pay to Lot No. 2 Sixteen Dollars, and Lot No. 1 is to pay to Lot No. 3 Forty one Dollars and Lot No. 1 is to pay to Lot Lot[sic] No. 3 Thirty three Dollars, and Lot No 2 is to pay to Lot No. 3 Thirty three Dollars (See lots and valuations appended) all of which is respectfully submitted, Given under our hands and seals at Orange this 9th day of February 1857. James C. Turrentine (seal) J W Carr (seal) Geo Laws (seal) [page 2] Lot No. 1 Miss Mary R. Smith Sam $950.~~ William 900.~~ Julia 750.~~ Adaline 550.~~ Sally 500.~~ Lucy 275.~~ =========== $3.925 Lot No. 2 Frances J Smith Tom $1150.~~ John 900.~~ Fanny 800.~~ Duncan 500.~~ Edward 350.~~ Simon 75.~~ Hetty 75.~~ =========== $3.850 No. 1 pays No. 2 16. =========== $3.866 Lot No. 3 Sidney Smith Ben $1100.~~ Amey 800.~~ Mary Ann & child Barney 1000.~~ Joan 750.~~ Tempy 175.~~ Old Amy Tax $100 0.~~ 2/3 of Tax paid this Lot by No. 1 & No. 2 =========== $3.825 No. 1 pays No. 3 41 =========== $3.865[sic - should be $3,866] No. 1 pays No 3 } for Old Amey } 33. No. 2 pays No 3 } for Old Amey } 33. =========== $3.931. Signed the 9th February 1857 James C. Turrentine (seal) J W Carr (seal) Commissioners Geo Laws (seal)