Orange County NcArchives Wills.....King, Elizabeth April 6, 1836 ************************************************ 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 385-386 Written: April 6, 1836 Recorded: Aug 1836 Testator: Elizabeth King In the Name of God Amen I Elizabeth King Wife of John King Dec'D. of the County of Orange and state of North Carolina being weak in body but of a sound and perfect mind and memory Blessed be God do this the sixth day of April in the year of Our Lord One thousand Eight hundred & thirty six ma- -ke and publish this my last Will And Testament in Manner and form as following First I Gave to James Wyate one dollar and also John Wyate his son My Well Beloved Granson One Cow & Calf When he becomes of Age or the value of it And I Gave to Empson Byrd One Dollar and I also Gave to his two Oldest sons Thomas and John Byrd two Dollars for there[sic] Shears for ever I als[o] Gave to my daughter Levina King one Cupboard One Table One large pot One Loom and I Also Gave to my Son John King One bed and Furnature One Ovin & One dark Cow and I also Gave to my three Children Whose Names is[sic] as follows Lavina Hezekiah & John King My tract or Lot of land whe- -re I now live containing 87 Acres it being my Clame of the Tract of Land that belon[g]ed to John King my well beloved hesband Des.D. to be Divided equaly bet- -ween my three Children above Named so that each shall shear and shear alike and I do hereby make and Ordain my two Children viz John & Levinia King my Executors of this my last will and testa- -ment hereby Revokeing all other will or wills that I may have heretofore made and further I do hereby Authorize my said Executors to retain in their hands such compensations as they think reasonable and right in witness whereof I the said Elizabeth King have to this my last will and Testament set my hand and seal this day and date above writen Signed and delivered hir In presents of us Elizabeth (X) King (seal) Thomas A Horn mark Levi Truet Jurat Exr qualified [Will Book Volume E, page 385] In the Name of God Amen I Elizabeth King Wife of John King Decd. of the County of Orange and State of North Carolina being weak in body but of a so[u]nd [x-out] and Perfect mind and memory Blessed be God do this sixth day of April in the year of Our Lord One thousand Eight hundred and thirty six make and publish this my last Will And Testament in manner and form as following First I gave to James Wyate One Dollar and Also John Wyate his Son my well Beloved Grand-son One Cow and Calf When he becomes of age or the Value of it And I give to Empson Byrd One Dollar and I also Gave to his two Oldest sons Thomas and John Byrd two Dollars for their Shares for ever I also Give to my Daughter Levina King One Cupboard One Table One large Pot One Loom and I also give to my Son John King One bed and Furniture One Oven and One dark Cow and I also give to my three Children Whose Names is[sic] as follows Lavina Hezekiah & John King my Tract or Lot of Land where I now live Containing 87 Acres it [Will Book Volume E, page 386] Being my Claim of the Tract of Land that belong[ed] to John King my well beloved husband decd. & to be Divided equally between my three Children above named so that each shall share and share alike and I do hereby make and ordain my two Children (Viz) John & Levinia King my Executors of this my last Will and Testa= ment hereby Revoking all other Will or Wills that I may have heretofore made and further I do hereby Authorize my said Executors to retain in their hands such compensation as they think reasonable and right in witness whereof I the said Elizabeth King have to this my last Will and Testament Set my hand and seal this day and date above Writ[t]en ~~~~~ Signed and delivered her In presents of us Elizabeth (+) King (seal) Thomas A Horn mark Levi Truet Orange County August Term 1836 The Execution of the forgoing Last Will and Testament of Elizabeth King was duly proved in open Court by the Oath of Levi Truet a Subscribing Witness thereto and ordered to be Recorded At the same time John King the Executor therein named ap[p]eared in Open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 385-386 Recorded Aug 1836. CAVEAT: There were several women in Orange County who were named Elizabeth, who married men with the surname King. These men included Charles King, Thomas King, John King (this case). The testator's husband, John King, seems to have died intestate. See Estate Papers for John King (1801) Also William King (wife Sarah), had a daughter named Elizabeth Note 1: A tenancy by the curtesy arises where a man marries a woman seized of an estate of inheritance, that is, of land and tenements in fee simple or fee tail, and has by her issue born alive, which was capable of inheriting her estate Estate Papers comprise 11 pages and are found in a folder labeled "King, Elizabeth (1839)". Elizabeth King is the widow of John King. Celia is wife of James Wyatt. "Elizabeth King died sometime in the year 1836" [Estate Papers - Petition to Divide Land Aug 1839] State of North Carolina } } Court of Pleas & Quarter Orange County } Session August term 1839 Epson Bird & James Wyatt vs John King Hezekiah King & Lavinia King The petition of Empson Bird & James Wyatt complain- -ing sheweth unto your worships that Empson Bird intermarried with Lavoicy King & James Waytt with Cilia King - daughter of John King decd. that said John King departed this life many years ago leaving Elizabeth King his widow him surviving - That siad Laviocy wife of your Petitioner Empson Bird hath died since the decease of the said John King & that your Petitioner has issue alive two children Thomas & John by his said wife Lavoicy -- That Celia wife of your Petitioner James Wyatt also died since the death of said john King having had issue alive by her said husband James Wyatt one son John Wyatt - Elizabeth King widow of said John King died some time in the year 1839 - that after the decease of said John King one hundred acres of land were assigned and allotted to said Elizabeth King during her life as dower-- That said [one] hundred acres allotted as aforesaid was not taken account of in the division of the other lands of the said John King amung his heirs at law - your petitioners further Shew that they have a life Estate in said one hundred acres of land as tenants by the courtesy[curtesy See Note 1] & that they the said Empson Bird & James Wyatt are with the defendants John King Hezekiah [page 2] and Lavinia King tenants in common of said one hundred acres of land - That said land is situated in the County of Orange on the waters of Deep Creek adjoining the land of Ned King Anderson Horn & others That the defendants have refused to divide said Land or to let your petitioners have any share of the profits thereof -- Your petitioners therefore pray your worships to appoint five Commissioners unconnecte[d] with any of the parties to divide & appropriate said land equally between your petitioners & the defendants -- & report the division & allotment to this court & to xxxx? the states Writ of Subpoena to compel them to appear & your petitioners as in duty bound will every pray &c --- Giles Mebane Sol for Petitioners