Orange County NcArchives Wills.....Leathers, James February 24, 1844 ************************************************ 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 253-255 Written: February 24, 1844 Recorded: May 1845 Testator: James Leathers In the name of God Amen I James Leathers of the county of Orange and State [of] Northcaro =lina being of sound mind and memory but considering the [un]Certainty of my earthly existence & knowing that it is appointed unto men once to die, do make and declare this my last will & Testament in the following man[n]er (that is to say) 1st that my exector[sic] here in after named shall provide for my body a decent suitable burial usual to the Christian form & pay all furneral[sic] expenses together with my Just debts out of the moneys that may come into his hands as a parcel ["as" x-out] ["parcel" x-out] of my estate ------- 2nd it is my will & desire that my beloved wife Elizabeth have & keep the home Tract of of[sic] land & all adjoining lands that is attached to it and also the personal property during her natural life time or widowhood provided however if any of my children should marry or settle themselves that they are to have their usual allowance as was made to them that have settled themselves 3d ["after the decease of my beloved wife" x-out] I Give [and] bequeath to my son John Leathers the tract of land whereon he now lives ["to" erased] adjoining Duncan Camerson & others containing two hundred acres more or less - also I give to my son William Leathers the tract of land whereon he now lives adjoining William Lipscombe & other two hundred ["and two" x-out] acres more or less - also I Give to my son Moses Leathers the home tract of land & adjoining lands to it containing five hundred acres more or less after the death of his mother also I Give to my son Kintchen Leathers one tract of land adjoining Durham Hall & others [page 2] contain[in]g two hundred & sixty acres (260) more or less after the death of his mother 4th I give to my daughter Elizabeth one negro Girl named Morior[Moriah] & the increase of her to be taken in consideration as a part of her distributive shear in my estate. 5th it is my will & desire that at the decease of my wife or widowhood that all the stock crop & provision ["of found" erased] that be on hand or remaining to be sold to the highest bidder by [my] exec[u]tors on a credit [of] 12 months. 6th it is my will & desire that Zachariah Rhodes who married my daughter Sally that their children have six hundred Dollars it being the amot [amount?] of my daughter Sally's shear that I Give. and the same to be paid to the children by my exec[u]tors as they severally become of age viz to be added to the provision of Mrs Rhode & then divid[e] equally between the said children to shear & shear alike after the decease of my wife 7th it is my will [and] desire that after the decease or widowhood of my beloved wife, that commissioners be appointed to value & allott all my negroes Between my sons & daughters by taking into consideration the negroes & other property that they now have in possession for them to keep the said negroes but still to be valued to them so as mak[e] them equal between my children namely (viz) John Leathers William Leathers Moses Leathers Kintchen Leathers Patsey Holloway wife of James Holloway Etney Green wife of William Green & Elizabeth (Single) and lastly I do hereby Constitute & appoint my sons John Leathers & Moses Leathers my true & lawfull executors to this my last will & testament to all intents & purposes to execute the same according to the true intent & meaning & every part thereof according to law and furthermore that shou[l]d any of my said Children descent[dissent] from this my last will [page 3] and Testament that they shall be cutt off and not receive any part or portion of my said Estate, In Witness here of I the said James Leathers do ["unto" x-out] sett my hand & affix my seal this 24th day of Feby AD 1844 Signed sealed & declared in presence of us James Leathers Harris Wilkerson (seal) Benton Pay [Will Book Volume F, page 253] In the name of God Amen I James Leathers of the County of Orange & State [of] North Carolina being of sound mind & memory but considering the [un]certainty of my earthley existance & knowing that it is appointed unto men once to die do make & declare this my last Will & Testament in the following manner that is to say 1st that my Executor herein after named shall provide for my body a decent suitable burial usual to the Christian form & pay all funeral expenses together with my Just debts out of the moneys that may come into his hands as a parcel of my Estate [Will Book Volume F, page 254] 2nd it is my will & desire that my beloved wife Elizabeth have & keep the home Tract of land & all adjoining lands that is attached to it [and] also the personal property during her natural lifetime or widowhood provided however if any of my children should marry or settle themselves that they are to have their usual allowance as was made to them that have Settled themselves 3rd I give [and] bequeath to my son John Leathers the tract of land whereon he now lives adjoining Duncan Cammerson & others Containing two hundred Acres more or less also I give to my son William Leathers the tract of land whereon he now lives adjoining William Lipscombe & other two hundred acres more or less also I Give to my son Moses Leathers the home Tract of land & adjoining lands to it containing five hundred acres more or less after the death of his Mother Also I Give to my son Kintchen Leathers one tract of land adjoining Durham Hall & others containing two hundred & sixty acres more or less after the death of his mother 4th I give to my Daughter Elizabeth one negro Girl named Moriah & the increase of her to be taken in consideration as a part of her distributive shear in my estate 5th it is my will & desire that at the decease of my wife or widowhood that [all] the stock crop & provision that be on hand or remain -ing to be sold to the highest bidder by [my] executors on a credit [of] 12 months 6th it is my will & desire that Zachariah Rhodes who married my Daughter Sally that their children have six hundred dollars it being the amount of my daughter Sally's share that I give & the same to be paid to the children by my executors as they severally become of age (viz) to be added to the provision of Mrs Rhodes & then divide equally between the said Children to share & share [alike] after the decease of my wife 7th It is my will & [Will Book Volume F, page 254] desire that after the deceas[e] or widow hood of my beloved wife that commissioners be appointed to value & allott all my negroes between my sons & Daughters by taking into Consideration the negroes & other property that they may now have in possession for them to keep to keep[sic] the said negroes but still to be valued to them so as make them equal between my Children namely (viz) John Leathers William Leathers Moses Leathers Kintchen Leathers Patsey Holloway wife of James Holloway Etney Green wife of William Green & Elizabeth (Single) And lastly I do hereby Constitute & appoint my sons John Leathers & Moses Leathers my true & lawful Executors to this my last Will & Testament to all intents & purposes to execute the same according to the true intent & meaning & every part thereof thereof[sic] according to law & furtherfore[sic] that should any of my said Children descent[dissent] from this my last Will & Testament that they shall be cut off & not receive any part or portion of my said estate In Witness here of I the said James Leathers do set my hand & affix my seal this 24th day of Feby AD 1844 Signed sealed & declared in presence of us James Leathers (seal) Harris Wilkerson Benton Pay Orange County May Term 1845 [No probate statement in will book] Additional Comments: Will Book Volume F, pages 253-255 Recorded May 1845 Estate papers comprise 96 pages and are found in a folder labeled "Leathers, James (1845)". Testator died April 1845. His widow, Elizabeth, died in May 1845. Daughter Elizabeth Leathers married Robert Brown, spring 1848 Martha AKA Patsey Leathers married James Holloway Edney Leathers married William Green Sally Leathers married Zachariah Rhodes [Estate Papers - Summation of Estate 8 Sep 1847] Whereas James Leathers of the County of Orange and State of North Carolina departed this life in the month of April 1845 having first made and pub- =lished his Last Will and testament which was duly proven at May Term 1845 of the Court of Pleas and quarter Sessions for the aforesaid County as Will fully appear reference thereto being had and the said James Leathers being indebted to Sundry persons and having in his said Will given a Specific Legacy to the Children of Zechariah Rhodes. which with the debts due from said Testator together with the costs and charges consequent upon carrying into effect the will of the said James Leathers were of an amount too great to be dischar[ged] by money on hand debts due and sales of the perishable property without the further sale of negroes Now this agreement witnesseth that we John Leathers Moses Leathers Kinchen Leathers Robert Brown & wife Eliabeth James Holloway and wife ["P" x-out] Martha & William Green and wife Edney ["being Legatees" x-out] and William Leathers being the Legatees in said Will to whom the said negroe's were devised not wishing any of them to be exposed to sale for the purposes aforesaid do hereby agree for each to pay to the executor Moses Leather such sum of money as will with his proportional a= =mount be sufficient to pay the debts, costs & charges and Legacy aforesaid, and we do hereby further agree that he shall as compensation for his Trouble in the management of the said estate of James Leathers decd. be allowed the sum Turn over [page 2] of Five per centum on the Receipts other than his own rateable part contributed for the aforesaid purpose and also Five per centum on the among of Dis= bursements other than Legacies - In Testimony where= =of we have hereunto set our hand and affixed our seals this 8th day of ["August" x-out] September AD 1847 Done in presence of John Leathers Seal Moses Leathers (seal) Silas M Link Kinchen Leathers (seal) Robert Brown (seal) James Hollowy (seal) William Green (seal) William Leathers (seal) (seal) (seal) (seal) [some pages skipped page 2 of this transcription] Dr Moses Leathers Exr In acct with the Estate of said deceased To Total amount of negroes as per valuation $11303 to be equally between John Leathers Moses Leathers William Leathers Elizabeth Brown Martha Holloway Kinchen Leathers and Edney Green making each share $1614.71 Dr Moses Leathers Executor In acct with John Leathers To his share of negroes $1614.71 Cr By negroes Delivered to him [the following x-out] Susan $400 Ann 300 Silvia 200 Sampson 75 Young 550 [end of crossed out section - appears that the executor recalculated, and re-assigned the slaves as follows] Cr By Negroes delivered over to him at valuation Susan $400 Thomas 150 Tempy 000 Anderson 550 John 408 ________ 1508 By cash payd by K Leathers .87 Do by M Leathers 10.29 Do by Robert Brown & wife 95.55 __________ $1614:71 [page 3 of this transcription] Dr Moses Leathers Executor In acct with William Leathers To his share of negroes as pr valuation $1614.71 Cr By negroes Delivered to him John $550 Mary 400 Jane 275 Willis 125 Henry 225 ___________ $1575 By cash paid him by Robt Brown 39.71 __________ $1614:71 Dr Moses Leathers exr. James Leathers In acct with M Leathers Exr. To his share of the negroes of estate Jas Leather $1614.71 By negroes delivered Oliver $450 Sidney 75 Burrhus 350 Philip 350 ___________ $1625 By cash to John Leathers 10.29 __________ $1614 71 Dr M Leathers exr. In acct with William Green & wife To his share of negroes of J Leathers dd. per val. $1614.71 Cr By negroes delivered him Margaret $425 Squire 550 Washington 450 Green 125 __________ $1550 To Cash paid by J. Holloway 35.29 Cash paid him by Kinchen Leathers 29.42 __________ $1614:71 [page 4 of this transcription] Dr Moses Leathers exr. In acct with Kinchen Leathers To his share estate of James Leathers decd. pr val. $1614.71 By negroes delivered over to him Easton $550 Jane 70 Jennet 200 Murphey 100 Alice 425 Wesley 300 _________ 1645 _________ By cash paid Wm Green 29.42 Do paid Jno Leathers 87 _________ 30:29 _________ $1614.71 Dr Moses Leathers Exr. In acct with James Holloway & wife To their share the negroes of estate of J. Leathers $1614.71 Cr By negroes delivered them Lavenia $350 Ann 300 Silvia 200 Sampson 75 Young 550 William 175 __________ $1650 By Cash paid Wm Green 35.29 __________ $1614:71 [page 5 of this transcription] Dr Moses Leathers exr. James Leathers In acct with Robt Brown & Wife To their share the negroes of estate of J. Leathers decd. $1614.71 Cr By negroes delivered them Maria $350 Nathan 550 Tapley 75 Retty 175 Sarah 150 Dennis 125 Edwin 325 _________ $1750 _________ Pay to William Leathers 39.71 to John Leathers 95.55 _________ 135:26 _________ $1614.71 Dr Moses Leather exr. of James Leather decd. In acct with children of Z. Rhodes To amount of their Legacy $600 Amount retained in hand for them $600 [page 6 of this transcription] Recapitulation Dr Moses Leather exr of James Leather decd. To total amount cash sales debts together with Amt paid by Legatees $1988.72 To total 11303.00 ______________ $13291:72 Cr By Amount paid Debts including Commissions chars &c $1388.72 Legacy retain for Rhodes children 600 Amt paid J. Leathers 1614.71 Do paid William Leathers 1614.71 Do retained my share 1614.71 Do paid Kinchen Leathers 1614.17 Do paid J Holloway & wife 1614.17 Do paid Robt Brown & wife 1614.17 Do paid Wm Green & wife 1614.17 _____________ $13291.72 All of which is respectfully submitted Moses Leathers Exr of Jas Leathers decd. [page 7 of this transcription] Received Septr. 8th 1847 from Moses Leathers executor of James Leathers deceased Our Respective Share of the estate of James Leather deceased according to the foregoing descriptive list the same being our Respective shares of the estate of James Leather deceased in full We do therefore hereby exonerate and discharge the said Moses Leathers executor of James Leather decd from any and all further claim of Ourselves or our heirs arising either at Law of in equity Witness S. M. Link John Leathers Moses Leathers Robert Brown James Holloway Kinchen Leathers William Green [Note: "Recorded page 107" where?] [Estate Papers - Distribution to Rhodes Heirs 28 May 1857] State of North Carolina Orange County Brittain Garrard & wife vs & others Moses Leathers Guardian The undersigned to whom this matter was refered[sic] as auditor would respectfully report that James Leathers Late of said County gave by his last will & testament, which is of record, to Louena J. Rhodes - Cozby A Rhodes - C. J. Rhodes - E. E. Rhodes - E. M. Rhodes - Z. N. Rhodes - & M. J. Rhodes - Children of Zechariah Rhodes - Intermarried with his daugh= ter Sarah the sum of $600 to be equally divided amongst them That the defendant Moses Leathers was executor of James Leathers decd., & that at November Term 1847 - he was appointed Guardian of Cozby Ann Intermarried with W. Brittain Garrard, Louena Jane Intermarried with Solomon Sheppard, C. J. Rhodes Edney & Elvira Rhodes - There being two other children namely Z. N Rhodes and J. J. Rhodes born after the execution & probate of the will of the said James Leathers decd That the defendant Moses Leathers exhibits no payment of set off other than the attorney's & clerk's fees. When he was appoint Guardian & Solomon Sheppard admits a payment of 10 made his wife before marriage & W B Garrard admits a pair of shoes furnish his wit at $1.10 by the Defendant Moses Leathers Guardian In account with Solomon Sheppard & wife To 1/7 part of 5600 Give my James Leathers decd. $85.71 Cr By 1/5 of attorneys & Clerks feed when appoint $0.92 Bal 84.79 To Inst up to 25th Nov 1848 5.08 3/4 __________ Amount up to 25th Nov 1848 -- $89.87 3/4 To Interest up to 25th Nov 1849 5.39 __________ Amount up to 25th Nov 1849 -- 95.26 3/4 To Interest up to 25th Nov 1850 5.71 1/2 __________ Amount up to 25th Nov 1850 -- $100.98 1/4 To Interest up to 25th Nov 1851 6.06 __________ $107.04 1/2 To Interest up to 3rd Jul 1852 when ward became of age 3.88 __________ Amount carried forward $110.92 1/2 [page 2] [details omitted] [On 28 May 1957, legacy awarded to Solomon Sheppard & wife: $110.92 1/4] [On 28 May 1957, legacy awarded to W Brittian Garrard & wife: $127.76 3/4] [On 28 May 1957, legacy awarded to Newton Rhodes: $85.71] [On 28 May 1957, legacy awarded to Josephine Rhodes: $85.71] The two last mentioned Legatees were born after the probate of the will of James Leather decd. There[Their] shares are herein apportioned but subject to the opinion of the Court whether the executor from a construction of the will of James Leather decd shell be chargeable with Interest or not S. M. Link Auditor [Estate Papers - Arbitration Settlement 15 Sep 1859] State of North Carolina Orange County Be it remembered that whereas certain matters of controversy has[sic] arisen between John Leathers & Moses Leathers in regard to certain Debts & Claims which the said Moses Leathers has against John Leathers part of which are now pending in the Superiour[sic] Court of Law & Equity for said County by appeal from Justices Judgments being Nos 23.24. 25 & 26 at March Term 1859 with other claims by him urged again the said John Leathers, The said John Leathers being now & at the time of the submission hereinafter expressed Guardian of Claudius J. Rhodes, Edney Rhodes Elvira Rhodes Newton Rhodes & Josephine Rhodes in place of Moses Leathers who was former Guardian of Claudius J. Edney & Elvira Rhodes and also one of the securities of Moses Leathers former Guardian as aforesaid and whereas they have mutually agreed to refer and submit to the arbitrament & award of the undersigned all matters in suit as well as those not in suit and including all matters relating to the Children of Zechariah Rhodes as on reference to the terms of the submission will fully Appear, I have therefore proceeded according to ["the" x-out] said Submission to examine the several matters referred, on the statements of the parties and the evidence laid before me have after due deliberation made up the following statement of claims acting?[existing?] between then which are by me allowed that is the said Moses Leather be allowed the following claims against John Leathers viz. The amount of the Justice Judgement in suit No.23 $88.98 Ditto Do Do No.24 31.89 Do Do Do No.25 149.23 Do Do Do No.26 168.10 That he be allowed the sum of $180.75 which he } paid to John B. Leathers on execution for Jno. Leathers } $189.20 & Moses Leathers is allow to have rateable part of } Costs refunded which is $8.45 Making the amount due from John to Moses Leathers $627.40 [page 2] I do also allow the following claims of John Leathers Guardian of Claudius J. Edney, Elvira, Newton & Josephine Rhodes against Moses Leathers former Guardian, of Claudius J. Edney & Elvira Rhodes - and for the two last named Newton & Josephine Rhodes as executor of James Leather decd. that is to say - Amount of Claudius J. Rhodes which he paid as Security of said Moses Leathers including Interest $155.26 - The Share of Edney Rhodes due from M Leathers former Guardian 126.93 1/4 The Share of Elvira Rhodes due as aforesaid 126.93 1/4 The Share of Newton Rhodes due from M. Leathers executor of James Leathers decd. 88.91 The Share of Josephine Rhodes due from said M. Leathers as executor of James Leathers decd. $98.57 Making the whole amount due from Moses Leathers __________ former Guardian and executor of James Leathers decd. to the said John Leathers present Guardian of said Children of Zechariah Rhodes - The sum of $596.60 1/2 whereupon, I do hereby award and determine that the said John Leathers be acquitted and discharged by the said Moses Leathers from the amount paid to Jno B. Leathers execution for him which is $189.20 & that the said Moses Leathers stop the suits against John Leathers on the Docket in the Superior Court and dis= charge the said John Leathers therefrom The whole amount of which debts is $438.20, and that he pay all the costs in the Petition John Leathers Guardian against him I do further award and determine that John Leathers Guardian as aforesaid do property acquit and discharge the said Moses Leathers who was former Guardian of Claudius J. Edney, & Elvira Rhodes fully from any further claim for their shares as above set forth & that he the said John as Guardian also properly acquit & discharge the said Moses Leathers as executor of James Leathers decd. for the shares of Newton & Josephine Rhodes as herein set forth & pay the costs on the suits viz No 23.24.25 & 26 of Moses Leathers against him pending in the Superior [page 3] Court And for the balance of $30.80 due from said John Leathers I do award and determine that if the said Moses Leathers shall forthwith pay the costs of the petition of John Leathers Guardian against him so as to release John Leathers both as security & Guardian therefrom that the said amount of $30.80 is to be paid over to him otherwise to be applied to the payment of the cost of said petition & the surplus if any to be paid to the said Moses Leathers Given under my hand & seal this 15th of September AD 1859 Silas M. Link (seal) Arbitrator