Orange County NcArchives Wills.....Lewis, Fielding February 27, 1848 ************************************************ 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, page 401 Written: February 27, 1848 Recorded: Feb 1848 Testator: Fielding Lewis In the Name of God Amen. I Fielding Lewis of the County of Orange & State of Northcar =olina being of Sound mind and memory but considering the uncertainty of my earthly existance[sic] and Knowing that is appointed unto all men once to die do make and declare this my last will and testament in the following man[n]er (viz) 1st that my exec[u]tor herein after named shall provide for my body a decent burial suitable to the usual Christian form and pay all furneral[sic] expenses together with my Just debt out of the first money that comes in his hands as a parcel of my estate 2nd I give unto my beloved wife Nancy all my personal & real estate of every descrip =tion during her natural life time for her support - 3rd I Give unto my two Daughters Mary and Nancy one bed & furnature to each of them and other house hold property & one cow & calf &c so as to make them equal with the rest [of] my children that has married and left me also one side saddle to each of them -- 4th it is my will & desire that after the decease of my beloved wife that all my personall and real estate that then remains to be Equally divided between my sons and Daughters to Shear and Shear alike and lastly I do hereby constitute and appoint my son John C. Lewis my true & lawfull executor to this my last will and testement in Witness hareof I the said Fielding Lewis hath hereunto sett my hand & seal this 27th day of February AD 1847 Signed in presence of us --- his Fielding (X) Lewis (seal) Jo[s]eph Preston mark his John (+) Pool mark [Will Book Volume F, page 401] In the name of God Amen I Fielding Lewis of the County of Orange & State of North Carolina being of sound mind & memory but Considering the uncertainty of my earthly existence and Knowing that is appointed unto all men once to die, do make and declare this my last will & testament in the following manner (viz) 1st That my executor hereinafter named shall provide for my body a decent burial suitable to the usual Christian form and pay all funeral expenses together with my Just debt out of the first money that comes in his hands as a parcel of my estate 2nd I give unto my beloved wife Nancy all my personal & real estate of every discription during her natural life time for her Support 3rd I give unto my two daughters Mary & Nancy one bed & furniture to each of them And other household property & one cow and calf &c so as to make them equal with the rest [of] my Children that has married & left me also one side saddle to each of them 4th it is my will & desire that after the decease of my beloved wife that all my personal and real estate that then remains to be equally divided between my sons & daughters to Share & share alike [Will Book Volume F, page 402] And lastly I do hereby Constitute and appoint my son John C Lewis my true & lawful Executor to this my last will & testament in witness hereof I the said Fielding Lewis hath hereunto set my hand & seal this 27th day of February AD 1847 Signed in presence of us} his Joseph Preston } Fielding (X) Lewis (seal) his } mark John (+) Pool } mark Orange County February Term 1848 The execution of the foregoing last Will & Testament of Fielding Lewis decd was duly proved in open Court by the oath of Joseph Proctor one of the subscribing witnesses thereto & ordered to be recorded Test Additional Comments: Will Book Volume F, page 401 Recorded Feb 1848 Estate Papers comprise 42 pages and are found in a folder labeled "Lewis, Fielding (1850)". There are numerous receipts, two different copies of the inventory/sale and paperwork normally associated with settling an estate. There is a "Petition to Sell Negroes", transcribed below. The purchaser is John W. Hancock, a justice of the peace, who in addition, purchased many articles from this estate. [Estate Papers - Petition to Sell Negros Feb 1850] State of North Carolina } County Court Orange County } February Term 1850 To the worshipful Justice of the said Court - The petition of John C. Lewis executor of Fielding Lewis deceased Respectfully sheweth unto your worships that said Filding[sic] Lewis died in the County of Orange in the year 1847 and leaving a last will & testament which was duly executed to pass both his real and personal estate and said will was proved at February Court 1949, and at the present term of this Court your petitioner who was named executor therein has qualified as executor and Letters Testamentary had issued to him accordingly. Your petitioner further shews that he said testator owed at the time of his death some $600 or $700 and that all the perso= nal property which he owned at the time of his death ["was" x-out] exclusive of his negroes would not exceed in value $150 or thereabouts; & that he owned but two negroes one man & one woman well advanced in age and of not great value. You petitioner shews that it will there= fore be necessary to sell the said slaves for the payment of the debts of the estate and he [page 2] pray that they may be sold for that purpose in such manner as this worshipful Court may direct. And as in duty bound he will ever pray &c J. W. Norwood Atto: for petitioners This case coming to be heard upon the petition & the Court having been made satisfied of the truth of the matters therein set forth; it is ordered and decreed that that[sic] John C. Lewis the admr.[sic] to sell the slaves belonging to the estate of Fielding Lewis decd: at the last residence of the deceased on a credit of 12 months taking bond & appro= ved security from the purchaser & report to next Court [page 3 - report, May Term 1850] John Lewis Executor of Fielding Lewis decd. ["vs" x-out] Exparte } } ["Thomas W Good & others" x-out] } Petition to sell slaves & Hannah his wife Negro man James & Hannah his wife to John W. Hancock $156.00 The foregoing amount of the price of said Slaves is also returned with the amount of sales of perishable property sold on a credit of 12 months John C. Lewis Exr [Estate Papers - Inventory 29 Mar 1850] Inventory of property and list of Sale of the property belonging to the Estate of Fielding Lewis decd. sold John C. Lewis Extr. March the 27th 1850 on a Credit of 12 Months [sundry articles omitted] J.W. Hancock - 2 Negroes Hannah & Jim 156.00 [Estate Papers - Petition Mar 1850] State of North Carolina } Court of Equity Orange County } March Term 1850 } To the Hon: the Judge of ["said" x-out] the Court of Equity for Orange County The petition of John C. Lewis, of Thomas Gooch and Jane his wife, James W. Lewis Allen Ferrill & Martha his wife, Sarah Hutch= ins, Hargis Farthing ["William Clark" x-out] and Eliza= beth his wife, William Clark & Nancy his wife and of Nancy Lewis widow of Fielding Lewis decd. Humbly shew unto your Honor that Field= ing Lewis late of Orange County died in the year 1848 seized & possessed of a tract of land in said County on the waters of Ellerbee's Creek adjoin= ing the lands of Thomas Gooch, Harris Woods & others, & containing 262 acres more or less & that he left a last will and testament pro= perly executed to pass both his real and personal estate which after his death was duly proved in Orange County Court & is now of record in said Court, & that in and by said will he devised said land to his widow your petitioner Nancy Lewis during her natural life & after her death equally to his children ["your" x-out] who are your petitioners John C Lewis, Jane married to Thomas Gooch, James W. Lewis, Martha married to Allen Farrill Sarah the widow of Hargis Farthing & Nancy the wife of William Clark Your petitioners shew that by mutual a= [page 2] greement among themselves & to promote their convenience and interest, the said Nancy the widow of said Fielding Lewis has consented to take one third part of said land & to release all interest in the other two thirds part thereof to your other petitioners -- And your petitioners shew that this said land consisting of said two third part, is an old settled place much ["cut" x-out] cut down & exhausted of very moderate quality & that the same could not be divided among your petitioners without much injury to the whole tract. They therefore pray that the Court sur= veryor may by the order of this Court lay off to said Nancy one third part of said land by Metes & bounds, & that the other[?] residue thereof may be sold by a decree of this court by the Clerk & Master & the proceeds divided among your petitioners according to heir respective rights --- And as in duty bound &c J. W. Norwood Sol [page 3] This case coming on to be heard upon the petition the reference to the Mas ter & his report -- it is adjudged & order= ed by the court that the one third part of the land mentioned in the petition be laid out by metes and bounds by Silas M. Link the County Surveyor & that the reside of said lands be sold by the Clerk & Master on the premises on a credit of 12 months after 30 days notice, on his taking bond & good security, & that he retain title till the further order of the Court & report to next term of this Court