Orange County NcArchives Wills.....Kirkland, Joseph Sr November 1, 1833 ************************************************ 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 89-92 Written: November 1, 1833 Recorded: May 1841 Testator: Joseph Kirkland, Sr In the name of God Amen - I Joseph Kirkland Sen ior being weak in body, but of sound and perfect mind and memory and knowing the uncertainty of this mortal life - Do make and publish this my last Will and Testament, in Manner and form as follows - That is to say - Item first -- I bequeathe my soul to God who gave it me, and when it shall be of his good pleasure to remove me hence and be no more, to have My body decently interred ---- Item 2nd - I bequeathe to my daughter Elizabeth Kirkland two cows and calves that are known at this time by the name of her cows and calves, - also one half of my stock of sheep, one feather bed & furniture, one painted pine chest, one sorrel mare, and one side saddle & bridle --- Item 3rd - I bequeathe to my Grand children Samuel Kirkland Joseph Kirkland Johnston Kirkland, William Kirkland Jno Kirk land Peggy Kirkland, Betsy Kirkland, and Isabel Kirkland all children of my son William Kirkland (deceased) Twenty acres of land, adjoining the lands of John Freeland & John Blackwood, and lying at the north end of the tract of land Known by the Name of the Kinions tract of land. - The aforesaid twenty acres of land, to be equally divided amongst the aforesaid grand children --- Item 4th - I give to my Daughter Ann King Ten Dollars, and to my grand daughters Margaret and Jinney King five Dollars each, North Carolina Currency --- Item 5 - I give to my grand children William Craig, Mary Craig, Peggy Craig, and Patsey Craig, one Dollar each in North Carolina Currency Item 6th - I give to my son Joseph Kirkland Ten Dollars Item 7th - I give to my daughter Jinney Strayhorn Two Dollars ----- Turn over [page 2] Item 8th - I give and bequeathe to my grand son Joseph Kirkland Son of my Deceased son James Kirkland One Hundred and fifteen acres of land adjoining the lands of William Kirkland (Deceased) and John Blackwood, also Two hundred and thirty nine acres of land adjoining the lands of Charles W. Johnston and Thomas Hogan it being the lands on which I now live - I also give to my Grand son Joseph (of James, Deceased) One four Year old Mare, One Heifer cow - also my stock of hogs after my decease, also all my farming tools of every description after my Decease - also One pine chest, One bed & furniture and my shot gun. Item 9th - I further give to my grand children William Craig one mare bridle & saddle which he has already received and to Mary Craig one bed & furniture, and to Peggy Craig & Patsey Craig one dollar each. Item 10th - It is my will that my daughter Elizabeth Kirkland have the priviledge of living on the premises, that I now live on during her single life --- And Lastly ["I appoint" x-out] all the residue of my proper ty, that may remain, that I have not given away in this Will and Testament: after my desease, shall be equally divided between my Grandson Joseph Kirkland (of James deceased) And my daughter Elizabeth Kirkland And lastly[sic] I appoint my son Joseph Kirkland and my friend Charles W Johnston Executors to this my last Will and Testament and hereby revoke all former Wills and Testaments by me made In witness whereof I have hereunto set my hand and seal this first day of November One thousand eight hundred and thirty three (PS interlined before assigned) Signed Sealed published and declared by the above Joseph Kirkland to be his last Will and Testament in the presence of Joseph Kirkland (seal) C W. Johnston } Thomas Gattis } Jurat Alexander Gattis } [page 3] Codicil to the foregoing Will N.B. As in the events of providence That my son Joseph Kirkland, has died who was appointed one of the Executors to this my foregoing Will & Testament I do hereby appoint authorize and constitute my Grand son Joseph Kirkland an executor in the room and stead of my son Joseph Deceased to this Will & Testament as aforesaid - In witness where off I the said Joseph Kirkland Senr. set my hand & seal this 24th of April 1836 --- that is my Grand son Joseph of my son James Deceased., Test C W Johnston } Jurat Joseph Kirkland (seal) Senr Jos. Kirkland Exr. qualifd. Charles W. Johnston renounces his right to qualify as Exr. [Will Book Volume F, page 89] In the name of God Amen I Joseph Kirkland Senior being weak in body but of sound and perfect mind and mem =ory and knowing the uncertainty of this mortal life. Do make and publish this my last Will and Testament in Manner and form as follows - That is to say - Item first I bequeath my Soul to God Who gave it me and [when] it shall bee of his good pleasure to remove me hence and be no more to have My body decently interred Item 2nd I bequeathe to my daughter Elizabeth Kirkland two cows and calves that are kno- wn at this time by the name of her cows and calves Also one half of my stock of sheep one feather bed and furniture, one painted pine Chest one Sorrel mare and one side saddle & bridle ~~ Item 3d I bequeathe to my Grand Chil- dren Samuel Kirkland Joseph Kirkland Johns- ton Kirkland William Kirkland Jno Kirkland and Peggy Kirkland Betsy Kirkland and Isabel Kirkland all children of my son William Kirkland (deceased) Twenty acres of land adjoining the lands of John Freeland & John Blackwood, and lying at the north end of the tract of land Known by the Name of the Kinions tract [of] land. The aforesaid twenty acres of land to be ~~~~ [Will Book Volume F, page 90] equally divided amongs[t] the aforesaid Grand Children ~~~ Item 4th - I give to my daugh- ter Ann King ten dollars and to my grand daughter[s] Margaret and Jinney King five dollars each North Carolina Currency [passage in loose will, not found in will book version] Item 5th I give to my grand children William Craig, Mary Craig, Peggy Craig, and Patsey Craig, one Dollar each in North Carolina Currency [end of missing passage] Item 6th - I give to my son Joseph Kirkland Ten Dollars Item 7th I give to my daughter Jinney Strayhorn Two dollars Item 8th I give and bequeathe to my grand son Joseph Kirkland son of my deceased son James Kirkland one Hundred and fifteen acres of land adjoining the lands of William Kirkland (Deceased) and John Blackwood also Two hundred and thirty nine acres of land adjoining the lands of Charles W. Johnston and Thomas Hogan. It being the lands on which I now live I also give to my Grand son Joseph (of James Decd) One four Year old Mare One heifer cow - also my stock of hogs after my Dec[e]ase, also all my farming tools of every description after my dec[e]ase - also one pine chest one bed and furniture and my shot gun Item 9th I further give to my grand children William Craig one mare bridle & saddle which he has already received and to Mary Craig one bed and furniture and to Peggy Craig & Patsey Craig one dollar each Item 10th It is my will that my daughter Elizabeth Kirkland have the priviledge of living on the premises that I now live on during her single life And Lastly all the residue of my property, that may remain that I have not given away in this Will and Testament after my decease shall be equally di- vided between my Grandson Joseph Kirkland (of James Deceased) And my daughter Elizabeth Kirkland [Will Book Volume F, page 91] And lastly[sic] I appoint my son Joseph Kirkland and my friend Charles W. Johnston Executors to this my last Will and Testament and hereby revoke all former Wills and Testaments by me made In witness whereof I have here[un]to set my hand and seal this the first day of November One thousand eight hundred and thirty three (PS interlined before assignment) Signed Sealed published and decided[declared] by the above Joseph Kirkland to be his last Will and Testament in the presence of C W. Johnston Joseph Kirkland (seal) Thomas Gattis Alexander Gattis Codicil to the foregoing Will N.B. As in the events of prudence[providence?] That my son Joseph Kirkland, has died who was appointed one of the Executors to this my Will & Testament I do hereby appoint authorize and constitute my Grand son Joseph Kirkland an executor in the room and stead of my son Joseph Deceased to this Will and Testament as aforesaid In witness where off I the said Joseph Kirkland Sen. set my hand & seal this 24th of April 1836 that is my Grandson Joseph of my son James Deceased Test C W Johnston Joseph Kirkland Senr (seal) Orange County May Term 1841 The execution of the for[e]going last Will and Testament of Joseph Kirk- land Senior Decd. was duly proved in [Will Book Volume F, page 92] Open Court by the oath of Charles W Johnston one of the subscribing witnesses thereunto & ordered to be recorded At the same time Joseph Kirkland one of the executive[sic] therein maid appearance in open Court and quallified[sic] accordingly Test Additional Comments: Will Book Volume F, pages 89-92 Recorded May 1841 Codicil dated 24 Apr 1836 Estate Papers in folder labeled "Kirkland, Joseph (1833)". This folder does not align with the testator of the above will. The person in the estate papers died intestate leaving a widow named Isabella and the estate papers begin with the appointment of an administrator some three years before codicil to the above will was written. Note that the estate papers in folder labeled "Kirkland, Joseph (1826)", also pertain to the same estate as the folder labeled "Kirkland, Joseph (1833)", and not to this estate.