Orange County NcArchives Wills.....Latta, Thomas March 6, 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 121-123 Written: March 6, 1841 Recorded: Feb 1842 Testator: Thomas Latta In the name of God Amen; I Thomas, Latta of the County of Orange & state of North Carolina being weak in boddy & but in a sound and disposing mind and thanks be unto God for his murcies do make & ordain this my last will & testament this the 6th day of March in the year of our Lord one Thousandth[sic] eight hundred & forty one in the manner following Viz ~~~~~~~~~ Item & my will is that my son Joseph H Latta has one hundred acres of land on the west side or end of the plantation on which I now live & which has heretofore been surveyed & deeded to the said Joseph H Latta & my will is that I allow my said son Joseph H Latta to have fifty acres more of the said tract of land and across the same tracts end[and] adjoining the ["the" erased] afore said hundred acres the fifty acres he is not to have untill after the death of ["his" x-out] my wife Elizabeth Latta but the hundred acres is for his present use & benefit which I give to him & his heir or of[f]springs for ever Item) & my will is that my son John W Latta have the balance of the tract of land where I now live at his mothers deat[h] with with[sic] the privilege to occupy it as he pleases so as not to disoblige his mother during hur lifetime he is also to have a bed and furniture and a cord I also give and bequeath to my son John W Latta the tract of land I purchased of William Cain containing one hundred and sixth six acres by him paying over to the estate five hundred Dollars at his mothers deat[h] to be divided among his his[sic] Sisters with full privilege of living on his Land with the privilege of fire wood solong as they remain single the said John W Latta has full privilege to do and act upon the said plantation as he sees proper he and his heirs for ever Item ) I give and bequeath to my wife Elizabeth a lifetime on the pl antation whereon I now live also all my stock of negroes except she and the executors should think proper to sell Phell[? Note 1]. Also all stock of all kinds except she and the executors should think proper to sell any part thereoff for the benefit of the family also all the household and kitchen furniture with all the farming utensils~~~~~~~~~~~~~~~ Item) Also my will is that all my Just debts be paid if there be anny remaining at my death unpaid~~~~~~~~~~~~~~~ [page 2] Item) I have heretofore given to [my] daughter Ann Durham a proportionable share of my property do now give hur one Dollar to her & her heirs f[sic] for ever ~~~~~~~~~~~~~~~ Item) having heretofore given to my daughter Mary Long a portion of her property such as I could spare I now will hur two hundred Dollars more at her mothers deat[h] ~~~~~~~~~~~~~~~ Item) at the death of my wife Elizabeth my will is that all my pro[sic] property except my negroes; Pheeb and her ofspring with Old Rose and if Jack can be kept and valued so as to make a division amongst the heirs and if not to be sold to make the division agreeable to the will my will is that Pheeb and her in crease with Old Rose should be valued and divided between my seven daughters: Elizabeth Eleanor Jane Arrena Amelia Rachel & Fanny and if anny two of them would take Pheeb so as that they can divide hur and hur future increase themselves my will is that my seven Daughters above named at the deat[h] of their mother are to have three hundred Dollars in a negro or money and such as have not had bridles and saddles and flax wheels must have them Also those of them who have not had beds and furniture must have them equally furnished liked those who got beds -------------- and if the executors cannot make the division of the negroes to please the heirs they are to sell the [w]hole and divide the money and if anny surpliss should remain after paying off the legacies agree able to the will my will is that my two sons Joseph & John have twenty five Dollars a piece for s[e]ttling the estate and if anny sur pless should remain it is to be equally divided amongst the seven sisters and my son John W Latta above mentioned and my will is that God may so direct you all that you may divide what I have left in peace and may the blessing of the lord rest and remain with you always is my desire and prairer for each one ----------------- Lastly I make & ordain my beloved sons Joseph H Latta and John W Latta Executors of this my last will & testament hereby renounce all former wills by me made in testimony whereof I have hereunto set my hand & seal this day & date first written signed sealed in presence of James C Latta Thomas Latta (seal) [Will Book Volume F, page 121] In the name of God Amen I Thomas Latta of the County of Orange & State of North Carolina being weak in body & but in a sound & disposing mind and thanks be to God for his murcies[sic], do make & ordain this my last Will & Testament This the 6th day of March in the year of our Lord one Thousand Eight hundred and forty one in the manner following Viz Item my will is that my son Joseph H Latta has one hundred acres of land on the west side or end of the plantation on which I now live & which has heretofore been surveyed & deeded to the Said Joseph H Latta & my will is that I allow my said son Joseph H Latta to have fifty acres more of the said tract of land and across the same tracts & adjoining the afore said hundred acres the fifty acres he is not to have until after the death of my wife Elizabeth Latta but the hundred acres are[orig: is] for his present use [Will Book Volume F, page 122] And benefit which I give to him & his heir or offspring for ever Item & my will is that my son John W. Latta have the ballance of the tract of land where I now live at his mothers death with the privilege to occupy it as he pleases so as not to disoblige his mother during her life time he is also to have a bed & furniture & a cord I also give & bequeath to my son John W. Latta the tract of land I purchased of William Cain Containing one hundred & sixth six acres by him paying over to the estate five hundred Dollars at his mothers death to be divided amongst his Sisters with full privilege of living on his land with the privilege of wood for fires solong as they remain single the said John W. Latta has full privilege to do & act upon the said plantation as he sees fit[orig: proper] he & his heirs for ever Item, I give & bequeath to my wife Elizabeth a lifetime on the plantation whereon I now live also all my stock of negroes except she & the executors should think proper to sell Phell[? Note 1]. Also all stock of all kinds except she and the executors should think proper to sell any part thereof for the fenefit[sic] of the family also all the household & kitchen furniture with all the farming utensials Item Also my will is that all my just debts be paid if there be any remaining at my death unpaid Item, I have first[?] her[e]-to-fore given to my daughter Ann Durham a proportionable Share of my property do now give her one dollar to her & [her] heirs forever Item having heretofore given to my daughter Mary Long a portion of her property such as I could spare I now will her two hundred Dollars more at her mothers death Item at the death of my wife Elizabeth my will is that all my property except my negroes Pheeb and her offspring with Old Rose and if Jack can be kept and valued so as to make a division amongst the heirs and if not to be sold to make the division agreeable to the will my will is that Pheeb and hir [Will Book Volume F, page 123] in crease & Old Rose should be valued & divided between my seven daughters Elizabeth Elenor Jane Arenna Amelia Rachel & Fanny and if any two of them would take Pheeb so as that they can divide her & her future in crease them- selves my will is that my seven daughters above named at the death of their mother are to have three hundred dollars in a negro or money and such as have not had bridles & saddles & flax wheels must have them Also those of them who have not had beds and furniture must have them equally furnished liked those who got beds and if the executors cannot make the division of the negros to please the heirs they are to sell the whole & divide the money & if any surpliss should remain after paying off the legacies agreeable to the Will my Will is that my two son[s] Joseph & John have twenty five Dollars a piece for sett[l]ing the estate & if any surpless should remain it is to be equally dividid amongs[t] the seven sisters and my son John [W] Latta above mentioned and my will is that God may so direct you all that you may divide what I have left in peace and may the blessing of the lord rest & remain with you always is my desire & prayer for each one Lastly I make & ordain my beloved sons Joseph H. Latta & John W. Latta Executors of this my last Will & Testament hereby renounce all former will[s] made by me in testimony where of I have hereunto set my hand & seal this day & date first mentioned[orig: written] Signed Sealed in presence of Thomas Latta (seal) James C Latta Orange County Feb 1842 [no probate statement in will book] Additional Comments: Will Book Volume F, pages 121-123 Recorded Feb 1842 Note 1: This "Phell" seems to be an attempt to start naming slaves, the foremost amoung whom seems to be "Pheeb", mentioned later. I have examined this closely. I assume it was going to be Pheeb, but it says "Phell" Estate Papers comprise 27 pages and are found in a folder labeled "Latta, Thomas (1858)". Mary Latta married George Long. Elizabeth Latta, the widow of the testator died in 1857 Ann Latta married John Durham [Estate Papers - Petition Sep 1858] State of North Carolina } In Equity Orange County } Sept Term 1858 To the Honorable the Judge of said Court The petition of George Land and Mary his wife John Durham and his wife Ann respectfully showeth unto your Honor that Thomas Latta of Orange County N.C. departed this life in the year 18____ intestate and leaving him surviving the following children (Ann wife of John Durham) (Mary wife of George Long) Joseph. Betsy - Nelly & Jane Rina Amelia, Rachael John & Fannie his only heirs at law all of whom reside in Orange County N.C. upon whom his real estate descended. In the division of the real estate the mansion house with 280 acres of land in Orange County adjoining Josiah Turner, Joseph Latta & others was allowed to the widow for dower and at her death to belong to ["the Ellen" x-out] Betsey Nelly Jane Rena. Amelia. Rachel and Fanny. some time in 1857 the widow died and soon thereafter one of the sister to wit Nelly _______ Your petitioners further show that at the time of her death she was entitled to one sixth part of [page 2] said Mansion house and 280. acres of land belonging thereto and that your petitioners and the Defendents[sic] being her bothers and sisters are entitled to have her real estate divided among them the Defendents refuse to have any division or settlement of the estate of Nelly Latta deceased They have as yet taken no administration upon her estate - and the Defendants her sisters clame[sic] all the personal as well as the real estate belonging to said Nelly and deny that your petitioners have any interest in the same To the end therefore that the said defendants may answer to the premises that the said land may by a decree of your Honors be sold on such terms as your Honor shall deem just and reasonable and that the proceeds of said sale may be divided among your petitioners & the said defendants according to their respective interest in said land and may be paid to or secured for them respectively according to law and the course of this court - May it please your [page 3] Honor to grant unto your Petitioners the states Writ of Subpoena to be directed to the said Defendants Joseph John Jane Rena Amelia Rachael & Fanny Commanding them to appear and answer &c &c --- And your petitioners as in duty bound will ever pray J Turner Sol for Petitioners [Estate Papers - Answer to Petition 16 Sep 1858] State of North Carolina } In Equity Orange County } To September Term 1858 The Joint & several answer of Joseph Latta John Latta, Elizabeth Latta, Jane Latta Arena Latta, Amelia Latta, Rachael Latta and Fanny Latta to the petition of George Long and Mary his wife and John Durham and Ann his wife filed against them in ["said Court" x-out] Orange Court of Equity These defendants saving and reserving &c for answer to said petition or so much thereof as they are advised it is material for them to an= swer say, that they admit, that the female defendants Elizabeth, Jane, Arena, Amelia, Rachael and Fanny together with their sister were seized as tenants in common in fee simple of the Homestead Tract of land of the late Thomas Latta deceased, containing about 280 acres as charged in the petition subject to the dower right of their mother therein, & that she is dead. They further admit that Ellen their sister has died intestate and that her interest in said land being one seventh undivided part thereof hath by her death descended to her heirs at law, who are these defendants, and the petitioners Mary and Ann their sisters. These defendants further admit that after the death of their sister her survi= [page 2] ving unmarried sisters supposed that there[sic] alive were alone entitled to her property, until they had consulted a lawyer upon the subject, and afterward they fully admitted the rights of the petitioners and were ready and willing that one seventh part of the land {"might" x-out] ["be laid of either in quality" x-out] in quality and value might be laid of[f] and disposed of accor= ding to laws by the voluntary act of all the parties, without resorting to any suit for that purpose/ But these defendant shew that this petition has been filed against them without any notice give to them previously of such purpose. These defendants submit that the plaintiffs are not entitled in law to have their prayer in said petition granted to them by a decree of this court. And having fully answered the said petition they pray to be hence dismissed with their costs. J. W. Norwood Sol Jane Latta one of the defendants maketh oath that the fact stated in this answer as of the knowledge of the defendants are true & the Jane Latta rest they believe to be true. Sworn to before my Sep 16th 1858 Thomas Webb C&MCE[?] [Estate Papers - Decree Concerning Petition Sep 1858] Geo. Long & wife vs Joseph Latta & others This case coming on to be heard upon the Bill and answer and the argu= ment of counsel being heard on both sides, it is declared by the Court that the pe= titioners are not entitled to a decree for the sale of the land mentioned in the petition, by the case shewn in the pleadings: And it is therefore adjudged and decreed by the Court that the petition be dis= missed, & that the defendants do recover against the plaintiffs their costs in this behalf sustained to be taxed by the Clerk & Master of this Court.