Orange County NcArchives Wills.....Latta, John February 8, 1817 ************************************************ 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 D, pages 525-526 Written: February 8, 1817 Recorded: May 1818 Testator: John Latta [Loose will] In the name of god amen I John Latta farmer of the County of Orange and State of North Carolinah Beeing Lo in health But in sound mind and memory thanks bee given unto god Calling un to mind the Mortality of my Body and Knowing that It is a pointed[sic] for all men wonce to Die Doo make and ar Dain this my Last will and testament that Is to Say principally and first af all I gave and Recommend my Soul in to the hands of almily[sic] god - that gave It and my Body I Recommend to the Earthe to bee Buried in Christian Burail at the -- Dicretton of my Executors nothing Doubting but at the genaral Risarectian I shall Receive the same againe by the mighty power of god and as tuching such worldly Estate where with it has pleased god to Bless me in this Life I give and Demise and Dispose of the sam In the following manner and form - first I give and Bequeath to my Dearly be loved wife the one third part of my Estate and the other two thirds of my Estate to my two Children John & Moriah I will and or dain that all my Debts may Bee paid oute of my Estate But that none of my property may bee sold But that it may be valued at the Discreation of my Executors and my Debts Dis Charged and my property Equally Divided and I allow my sone John my Little River Plantation in his part I wish - [page 2] him to Bee well schooled and Brought up allso my Daughter Moriah - also I Constitute make and or daine John Latta Senr and John Cabe Senr the sol[e] Executors of this my Last will and testament and I doo - here By uterly Disalow Revoke and Disanull - all and Every other former testaments wills - Legacies Bequests and Executors By mee in any wise before named willed and bequeathed Ratifying & Confirming this and no other to Bee my Last will and testament in witness where off I have here unto set my hand and seal this Eighth Day of - february in the yeare of our Lord one thousand Eight hundred and seventeen - Sined Sealed published & pronounced and Declared By the said John Latta as his Last will and testament In the preasence of us his - and in the preasence of Each other have there unto subscribed our names Test John Latta Will John Latta (Seal) Hugh Montgomery Jurat Recorded [Will Book Volume D, page 525] In the name of God Amen. I John Latta farmer of the County of Orange and State of North Carolinah being low in health but in sound mind and memory thanks be given unto God calling unto mind the mortality of my body and knowing that it is appointed for all men once to die Do make and ordain this my last Will and Testament that is to say principally and first of all I gave[sic] and recommend my soul into the hands of Almighty God that gave It and my body I recommend to the Earth to be buried in Christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of god and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give and Demise and dispose of the same in the follow =ing manner and form - first I give and bequeath to my Dearly beloved wife, the one third part of my Estate and the other two thirds of my Estate to my two Children John & Moriah I Will and ordain that all my debts may be paid out of my Estate but that none of my property may be sold but that it may be valued at the discretion of my Executors and my debts discharged and my property equally divided and I allow my son John my little River plantation in his part I wish him to be well schooled and brought up also my daughter Moriah Also I Constitute make and ordain John Latta Senr & John Cabe Senr the sole Executors of this my last will and Testament and I do hereby utterly disallow revoke and disannul all and every other former Testaments, Wills Legacies Bequests & Executors By ee in any wise before named willed and bequeathed, ratifying and confirming this and no other to be my last will and Testament. In Witness whereof I have hereunto set my hand and Seal this eighth day of February in the year of our Lord one thousand Eight hundred and seventeen Signed sealed published pronounced and declared by the said John Latta as his last Will and Testament in the presence of us his [???] and in the presence of each other have thereunto subscribed our names Test John Latta (Seal) Hugh Montgomery Jurat [Will Book Volume D, page 526] Orange County May Term 1818 The execution of the foregoing last Will and testament of John Latta decd. was duly proved in open Court by the oath of Hugh Montgom- ery a subscribing Witness thereto and ordered to be recorded Test Additional Comments: Will Book Volume D, pages 525-526 Recorded May 1818 Note 1: " proved as a will of personals" is perhaps due to the fact that the will has only one witness, and therefore is insufficient to pass real estate. Wife's name is Nancy and remarried after the testator's death. The loose will file contained an additional handwritten copy of the will with more standard spellings labeled near the signature "a copy". The copy is not transcribed here. Estate papers comprise 36 pages and are found in a folder labeled "Latta, John (1818)". After the the Administrator of this estate, Joseph Latta, died, there was still some $3600 left, so Robert Donnell was appointed to administer this testator's estate. Robert Donnell was also appointed guardian of Joseph's children. Some papers relating to Joseph's and this testator's estates are found in a folder labeled Latta, John (1827) (29 pages) [Estate Papers - Inventory 1 May 1818] Inventerry of the property of John Latta Decs 1818 May 1[?] 9 Negroes [sundry items omitted] [Estate Papers - Estate Sale 9 Nov 1818] [sundry items omitted] Joseph White 1 Negro girl -- - 480.00 Joseph Woods 1 Do ------------- 656.01 Joseph Latta } Admr [Estate Papers - Petition to Divide Estate and Slaves (undated)] To the Worshipful the Justices of the Court of Pleas & quarter Sessions for Orange County: The Petition Robert Donnell & his Wife Nancy Don -nell & of John Latta & Maria Latta (which John & Maria are infants under the age of 21 years respectively & petition in their behalf by their guardian & next friend Thomas Clancy Esp.) - against - Joseph Latta. ~~ Humbly petitioning shew unto your worships your petitioners Robert Donnell & his wife Nancy of Guilford County & John Latta & Maria Lat- -ta both of Orange County, that John Latta late of Orange County duly made his last will & testament in writing bearing date the 8th day of February 1817, executed in proper form to pass personal property, and thereby bequeath- -ed to his then wife Nancy Latta "the one third part" of his Estate & the "two thirds thereof to his two children John and Moria" & appointed John Cabe & John Latta Senr. the Executors thereof: That the said The Testator shortly there after died in Orange County without altering or revoking the said Will, which was afterwords, viz at May Term 1817 of this worshipful Court duly proved as a will of personals[Note 1] & recorded in this Court: That before the said Term of this Court John Cabe one of the Executors named in the said Will also died; and at the same Term aforesaid, John Latta Senr. the other Execu- -tor in open Court did renounce the said Office in due form of Law: That thereupon Letter of administration of the personal Estate of said Testator with the will annexed were granted & issued by the same Court to Joseph Latta of said County of Orange who ["thereupon" x-out] accepted the same & undertook the burden of administer -ing the said Estate --- You petitioners further shew, that your petitioner Nancy (who was the widow of the said Testator & hath since intermarried with your other petitioner Robert Donnell) did at the same May Term 1817 in due form of Law & in open Court enter her dissent from the said will & the same was recorded - Your petitioners further shew that the said Testator had & was possessed at the time of his death of a large personal Estate of the value of Five Thousand Dollors or other large sum, consisting of Slaves, Crops, Stock, Debts & other things, which come to the hands of the Said Joseph Latta, who has collected & sold & disposed of the other articles, except the Slaves, in a course of adminis -tration & has hired out the slaves & received the proceeds thereof: That the Slaves have increased to the number of Eight & are called by the names of Dick, Charles, Peggy, Lela & her infant Child, Jesse, Charlotte, and Major: They admit that the Testator was indebted to some small amount but they suppose that the said administrator hath long since discharg- -ed the same, as he ought to have done -- Your petitioners shew, that they are advised that the clear residue of the Estate belongs in Equity to them & ought to be divided equally between the said Nancy, John & Moria, share & [page 2] share alike & that they are desirous of having the said Slaves in particular divided specifically between then -- They further shew, that there is in the hands of said Joseph a large unrefunded[?] balance of money, after payment of all the Debts of the Testator & all lawful charges: And that they have often applied to him to come to an account with them in the premises & pay to them respectively what might due to each of them & also to divide the said Slaves among your petitioners as aforesaid & deliver them over & well hoped that said Joseph would so di in all respects, as in Equity her ought: But so it is, that said Joseph hath heretofore wholly failed & re- -fused to do so, pretending that there are debts unpaid & that he hath nothing in hand but the slaves & that he cannot take on himself to divided them but under the Direction of a Court of Justice by reason of the Infancy of you petitioners John & Moria: By all which doings your petitioners are aggrieved. [???? In as?] much as there are remediless except in this worship -ful Court, where such matter are relievable; And to the End, that the said Joseph may full true & perfect answer make on Oath to all & singular the premises & may come to the Account aforesaid with your petitioners & pay over what may be found to be justly due to each of them & that the Slaves may, under the ???order of your worships, be equitably valued & divided as aforesaid & the share of each one delivered over to him or her & that your petitioners may have other competent relief according to the exigency of there case, May it please your worships to grant to your petitioners the State's Writ of Subpoena to be directed to the said Joseph Latta commanding him to be & appear at the next term of this worshipful Court & be held on &c at &c then & there to stand to &c ac -cording to Equity, the rules of the Court & the Law of the land. And your petitioners will every pray &c --- Robert Donnell, for self & Wife Ruffin Solr. for petitioners Thomas Clancy, guardian for Infant petitioners [Estate Papers - Division of Slaves 27 Dec 1822] December 27, 1822 We the subscribers have this day valued and divid the Negroes belonging to the Estate of the last John Latta of Orange County according to an Order of Orange County Court of Pleas and quarter Sessions as follows To Major Robert Donnel Charles ------ $400 Charlotte ---- 250 Peggy --------- 10 ________ [660] To John Latta Dick --------- $750 Majer -------- 230 ________ 980 [To] Mariah Latta Jesse ------- 400 Delia & Child 450 ________ 850 John Latta has to pay to Robert Donnel one hundred & fifty Doll in twelve months without Interst Mariah Latta her to pay twenty Doll in 12 Months without Interst given under our hands James Webb D Yarbrough James Phillips J Taylor