Orange County NcArchives Wills.....Lindley, Jonathan September 27, 1824 ************************************************ 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 E, pages 167-172 Written: September 27, 1824 Recorded: Nov 1828 Testator: Jonathan Lindley Note: This is not strictly an Orange County Will [Loose Will, page 1] (page 1) In the Name of god Amen I Jonathon Lindley of Orange County and State of Indiana being of Sound Mind and Memory thanks be to the[sic] given to the Divine giver of all good and Calling to Mind the Mortality of my body and Knowing that its appointed for all Men to Die [I] Do make and Ordain this my last Will and Testament in Manner and form following To Wit it is my Will that I be Decently burried In a plain Manner and all My Just Debts be paid by my Executors hereafter named Item I Will and bequath unto my beloved Wife Martha Lindley the north half of the north West Quarter of Section Nineteen in Township thirteen north of Range Eight West and the North half of the north East Quarter of Section Twenty four in the Same Town and range nine West to hur hur heris[heirs] and assigns for Ever ~ And all my house hold and Kitchen furniture My Silver Watch Two horses hur Choice and Two Sets of Geers My Wagon plows and Harrow and all my farming Tools of Every kind all my Stock of hogs Cows and Sheepe and My fann and Five hundred Dollars in Cash all to be at hur Disposal Except one bed and furniture Its my Will that my Daughter Gubelma Lindley Shall have when she arives to lawfull age or Marrys which may first happen and farrage and provetions[provisions] for the family for that Season ~~ And the plantation whereon I now lives[sic] and the East half of the South East Quarter of Section Eighteen in range One East Town One North [page 2] (page)(2) and the North half of the North Wst Quarter of Section Seventeen in the Same Township and Range and My Clock During hur natural Life and the use of the north West Quarter of Section Eight in Town One North Range One East and my houses and Lots in Piala[? Paoli] Numbered Eighty five and One hundred and Twelve and the North half of the South East & South Wst Quarters of Sections thirteen Town Two North Range One West and East fraction of fourteen containing one hundred Acres And Eighty Eight Acres of the West fraction fourteen in the Same Town and Range untill my Daughter Gubelma Arives to Lawfull age Or Marys Which may first happen and my Big Bible during hur life and then to Gubelma Lindley Item I Will And Bequath unto my Son Jonathan Lindley fraction three Town One North Range One West Containing four hundred an[d] one acres of Land and West Fraction thirty two in Town five North Range One West Containing Two hundred & fifty Siven Acres of Land and the South East Quarter of Section thirty One in the same Township And Range Containing One hundred & Sixty Acres of Land And the North West Quarter of Section Ten in Township four North Range One West Containing One hundred and Sixty Acris where Simon Rhewbottom Lives to him his heris and assigns for Ever and my Clock after my Wifes Decease and One third of Fraction three & thirty Four at the Mouth[South?] of Leatherwood Containing 566 75/100 to him his heres and assigns for Ever Item I Will and bequath unto My Daughter Catharine McVey the South East Quarter of Section Six in Township One North Range One East and Fraction Twelve in Town four North Range Two West Containing [page 3] (3) Four hundred and Eighty Two Acres And the North East Quarter of Section thirteen in the Same Town and Range to hur hur hur[sic] heres and assigns for Ever and one third part of Fraction One Town four North Range Two West contain[in]g 359 acres of Land for Ever Item I Will and Bequath unto my Son Thomas Lindley the South of the No East & North West Quarters of Section Two in Range One West and Town One North Containi[n]g One hundred & Eighty Acres and the South half of the No East Quarter of Section thirteen in Township thirteen North of Range Nine West and the South half of the North West Quarter of Section Sevin in the Same Town and Range Eight West to him and his herers and assigns for Ever ITem I Will and bequath unto My Son William Lindley My one half of an undivided claim of Two hundred & Twenty Eight Acres of Land Eli river falls in Fraction thirty One and thirty Six in Township Twelve North Range three & four West to him and his heris and assigns for Ever ~~~ ITem I Will and b[e]qu[e]ath unto my Daughter Sarah Hadley the North half of Section the No West Quarter of Nineteen Range Eight West and Township thirteen North & the No half of the No East Quarter of Section Twenty four in Range Nine West and Same Township and the No West Quarter of Section Nineteen Town Eighteen North and Range Nine West and the No West Quarter of Twenty Same Town & ["Town" x-out] and[sic] Range and the N West[sic] Quarter of Seventeen Township, Seventeen, North of Range Nine West ["And the No. half" x-out] to hur hur heres and assigns for Ever ~~ [page 4] (4) Item I Will and Bequeath unto My Daughter Deborah Jones [James?] the No half of the No East Quarter of thirteen in Township thirteen north of Range Nine West and the No half of the No Wst Quarter of Seven in Range Eight West and the Same Township to hur hur heres and assigns for Ever Item I Will and bequath unto my Daughter Hannah Braxton the North East Quarter of Section Twenty four Town 4 North Range Two West to hur her herus and assigns for Ever ~~ Item I Will and bquath unto my Daughter Mary Dixon one third part of an undivided Right of Five hundred and Sixty Six Acres of Land 75/100 in Fraction three & thirty four Town 4 & 5 North and one West for Ever ~~ Item I Will and bequath unto my Daughter Quine Esther Clark one third part of on undevidid[sic] Right of Fraction three & thirty four Town 4 & 5 North of Range One West Containg 566 75/100 to hur hur heres and assigns for Ever ~~~ Item I Will and Bequeath unto My Daughter Ruth Farlow one third part of an undivided Right of three hundred fifty nine Acres of Land in Fraction One in Township 4 North of Range Two West to hur hur heres and assigns for Ever ~~~ Item I Will and Bequath unto my Daughter Elener Chambers On[e] third part of an undivided Right of three hundred and fifty nine Acres of Land in Fraction One in Township four North Range Two West to hur hur heres and assigns for Ever ~~ [page 5] (Page 5) Item I Will and bequath unto My Daughter Gubelma Lindley the NW Quarter of Eight Town One North Range One East and the No half of the So Est & So Wst Quarters of thirteen Town One North Range One West and East faction of fourteen Supposed to contain one hundred Acres of Land be the Same more or less and part of the South East Quarter of the West fraction fourteen Beginning at the South at a Mulberry runing along the boundary line North Ash Jas =Lindleys corner then West as far as Will Eighty Eight Acres of Land then South to the old line then East to the begining and my houses and Lots in Peala Number 85 & 112 as Soon as She arives to lawfull age or Marrys which may first happen And one hundred and forty Acres of Land being part of the So East Quarter of Eight Town One North Range One East and the East half of the So East Quarter of Eighteen and the north half of the No Est Quarter of Seventeen both in the above Town & Range after the Death of hur Mother to hur hur heres and assigns for Ever ~~~ Item I Will and bquath unto Rebekah Henley Eighty Acres of Land Begining at the South Corner of the West Fraction fourteen Runnig North to William Maris Corner A Stake then East for complement then South old line then to the begining to hur hur heres and assigns fore Ever I Tem I Will and Bequath unto William & Jonathan Dicks the South East Quarter of Section thirty three in Township five North and Range Two West to be Equally Devided between both as to Qulbty[quality?] and Sail to them there heres and assigns for Ever ~~ [page 6] (Page 6) Item I Will and bquath unto My Son Zacherius Lindley Five Dollars have Deeed his proportions to him Some time Ago My Will that [the] Remainde of my Estate be Sold and my Debts be collected and Equally Deivided between my Children Namty[Namely] Zacherius Lindley Hannah Baxton Ruth Farlan Thos Lindley Elenor Chambers William Lindley Debrah Iams[James?] Mary Dixon Catharine McVey Quin ester Clark Sarah Hadley Jonathan Lindley & Gubelma Lindley Sheer and Shear alike ~~ It is My Will if I Should Sell or dispose of any of the property herein bequathed that the persons that is bequathed to shall have the amount of what it is sold for and also It is my Will that if I Should deeded to any of them it shall bar to their claim unto them that it was bequeathed to It is further my Will that My Executors hereafter named Shall have full power to Execute and make Deeds threu[?] all Persons Lawfully Cla[i]ming them when it appears that them made payment for the Same I Ordain My Two Sons Thomas & William Lindley my Whole and Sole Executors in the State of Indiana and all the Western Country and John Newlin My Sole Executor in the State of North Carolina to Execute and Make Deeds for all held by Me in that State according to any Agreement Entered into by himself or Myself and I further give and bqueath [page 7] (page 7) unto each of my Executors fifty Dollars for their Services I Will one hundred Dollars to my Sister Deberah Newlin if [she] Should Out live myself It is my Will that my Wearing apperal be Devided between my Sons and that my Books be devided between all my children I do hereby utterly disalow revoke and disown all and Every Other Testaments Wills legacies bquath and Executors in any wase by me named ratifying [this] and no other to be my last will and Testament in Witness whereof I have Set my hand and Seal this 22nd Day of the 9th Month in the year of our lord 1824 In the presence of Owen Lindley Jonathan Lindley (seal) Thos Maris Aran Maris The State of Indiana } Orange County } I William Haggertt[?] Clerk of the Circuit Court and of the Probate Court for said County do hereby Certify that the foregoing is a true Copy of the original Will Filed Proven and Recorded in my office In Testemony where of I have hereto set my hand [page 8] and affixed the seal of said Court at office in Peiale July 25th 1829 Wm Hoggatt Clk State of Indiana 1st jud: circuit I the undersigned president judge of the first judicial circuit of said State (the said county ~~~ of Orange being included in said circuit) do certify that William Haggatt whose named affixed to above certificate was that the time acting clerk for said County of the Court of probate of testate and intestate Estates and that his attestation is in our form of law Given under my hand this 26. day of July 1829 John R. Porter [Will Book Volume E, page 167] In the Name of God Amen, I Jonathon Lindley of Orange County & State of Indiana being of Sound Mind & Memory, thanks given to the Divine Giver of all Good & Calling to mind the mortality of my body & Knowing that its ap= =pointed for all Men to Die, [I] do make & Ordain this my last Will & Testament in manner & form following towit, It is my Will that I be Decently buried in a plain manner & all my just debts be paid by my Executors hereafter named ~~ Item I Will & bequeath unto my beloved Wife Martha Lindley the North half of the North East [West] Quarter of Section Nineteen in Township thirteen North of Range Eight West, & the North half of the North East quarter of Section Twenty four in the same Town & range nine West to her, her heirs & assigns forever ~ And all my house-hold & Kitchen furniture, my Silver Watch, Two horses her Choice & two sets of Gears, my Wagon, plows & Harrow & all my family [orig: farming] tools of every kind, all my Stock of Hogs Cows & Sheep & my fann & five hundred Dollars in Cash, all to be at her disposal except One bed & furniture ~~~ It is my Will that my Daughter Gubelma Lindley shall have when she arrives to lawful age or marries, which may first happen & forrage & provissions[sic] for [the family] for that Season ~~ And the plantation whereon I now live & the East half of the South East Quarter of Section Eighteen in Range One East Town One North & the North half of the North West quarter of Section Seventeen in the Same Township & range & my Clock during her natural life - And the use of the North West quarter of Section Eight in town One, North range One East and my [Will Book Volume E, page 168] houses & Lots in Paoli numbered Eighty five and one hundred & twelve and the North half of the South East & South West Quarters of Sections thirteen Town two North Range One West & East fraction of fourteen, containing One hundred acres & Eighty Eight Acres of the West fraction fourteen in the Same town & range until my Daughter Gubelma arrives to lawful age or marries, which may first happen & my big bible during her life & then to Gubelma Lindley Item I will & bequeath unto my Son Jonathan Lindley fraction Three Town One North Range One West Containing four hundred & one acres of Land & West Fraction ["fifty" x-out] thirty two in Town five North Range One West Containing Two hundred & fifty Seven Acres of Land and the South East Quarter of Section thirty One in the same Township & range Containing One hundred & Sixty Acres of Land And the North West Quarter of Section Ten in Township four North Range One West Containing One hundred & Sixty Acres where Simon Rhew= bottom lives to him, his heirs & assigns forever & my Clock after my Wife's Decease & one third of fraction three & thirty four at the Mouth of Leatherwood Containing 566 75/100 to him his heirs & assigns forever Item. I will and bequeath unto my daughter Catherine McVey the South East quarter of Section Six in Township One North Range One East & fraction Twelve in Town four North Range two West containing Four hundred & Eighty two Acres & the North East quarter of Section thirteen in the same town & Range to her, her heirs & assigns forever ~~~ And one third part of Fraction One town four North Range two West Con- -taining 359 acres of Land forever ~~ Item I will and bequeath unto my son Thomas Lindley the South of the NoEast & North West quarters of Section Two in Range One West & town One North Containing One hundred & eighty Acres And the South half of the North East quarter of Section thirteen in Township thirteen North of Range Nine West & the South half of the North West quarter of Section Seven in the Same Town & range [Eight] West to him & his heirs & assigns forever ~~ Item I Will and bequeath unto my Son William Lindley my one half of an undivided claim of Two hundred & Twenty eight Acres of and Eli river falls [Will Book Volume E, page 169] in Fraction thirty One & thirty Six in Township twelve North range three & four West to him & his heirs & assigns forever Item I will & bequeath unto my daughter Sarah Hadley the North half of Section the No West Quarter of Nine= =teen Range Eight West & Township thirteen North & the No. half of the No. East Quarter of Section Twenty four in Range Nine West and same Township ~~ And the North ["East" x-out] West quarter of section nineteen Town Eighteen North and Range nine West And the No West Quarter of twenty Same Town & Range & the No West quarter of Seventeen Township, seventeen North of Range nine West to her, her heirs & assigns forever Item I will and bequeath unto my Daughter Deborah Jones [James] the No. half of the No. East Quarter of thirteen in Township thirteen North of range Nine West & the No. half of the No. West quarter of seven in Range Eight West and the same Township to her, her heirs & assigns forever. Item I Will & bequeath unto my Daughter Hannah Braxton the North East quarter of Section Twenty four Town 4 North range Two West to her, her heirs & assigns forever. ~~ Item I Will and bequeath unto my daughter Mary Dixon one third part of an undivided right of Five hundred & Sixty Six Acres of Land 75/100 in fraction three & thirty four Town 4 & 5 North & one West forever ~~ Item I Will & bequeath unto my daughter Quine Esther Clark one third part of on undivided Right of Fraction three & thirty four Town 4 & 5, North of Range One West Containing 566 75/100 to her her heirs & assigns forever ~~ Item I give and bequeath unto my daughter Ruth Farlow one third part of an undivided Right of three hundred and fifty nine Acres of Land in fraction One in Township 4 North of Range Two West to her, her heirs & assigns forever Item I Will & bequeath unto my Daughter Ellenor Chambers One third part of an undivided Right of Three hundred & fifty [nine] Acres of Land in Fraction One in Township four North Range [Will Book Volume E, page 170] Two West to her, her heirs & assigns forever Item I will and bequeath unto my Daughter Gubelma Lindley the NW quarter of Eight Town One North Range One East & the North half of the So. Est. & So. West quarters of thirteen Town One North range One West & East faction of fourteen supposed to Contain one hundred acres of Land be the Same more or less & part of the South East Quarter of the West fraction fourteen, Beginning at the South at a Mulberry running along the Boundary Line [North] Ash Jas. Lindley's corner then West as far as Will Eighty Eight Acres of Land. then South to the old line then East to [the] beginning & my houses & lots in Paioli Number 85 & 112 as soon as she arrives to lawful age or marries, which may first happen ~~ And one hundred & forty Acres of Land being part of the South East Quarter of Eight Town One North Range one East & the East half of the So East quarter of Eighteen & the North half of the North East Quarter of Seventeen both in the above Town & range after the death of her mother to her, her heirs & assigns forever ~~~ Item I will & bequeath unto Rebecca Henley Eighty Acres of Land, Beginning at the South Corner of the West fraction fourteen running North to William Maris' Corner a Stake then East for Compliment then South Old line then to the beginning to her, her heirs & assigns forever Item I Will & bequeath [unto] William & Jonathan Dicks the South Est. Quarter of Section Thirty three in Township five North & range Two West to be equally divided between both as to quality & Sale to them their heirs & assigns forever Item I will and bequeath unto my son Zacheus Lindley Five Dollars have deeded his plantation[proportions] to him some time ago ~~ My Will that the Remainder of my Estate be sold & my debts be collected & equally divided between my Children namely, Zacheus Lindly[sic] [Hannah Baxton Ruth Farlow Thos Lindley] Elenor Chambers, William Lindley Debrah James, Mary Dixon Catharine McVey Quinester Clark, Sarah Hadley, Jonathan Lindley & Gubelma Lindley share & Share alike ~~ It is My Will if [Will Book Volume E, page 171] I should sell or dispose of any of the property herein bequeathed, that the persons that is bequeathed to shall have the amount of what it is sold for & also it is my Will that if I should deed to any of them it shall bar to their claim unto them that it was bequeathed to It is further my Will that my Executors hereafter named shall have full power to Execute & make Deeds tho' all persons lawfully Claiming them, when it appears that them made payment for the Same I ordain my two Sons Thomas & William Lindley my Whole & Sole Executors in the State of Indiana & all the Western Country And John Newlin my sole Executor in the State of North Carolina to execute & make Deeds for all held by me in that state according to any Agreement entered into by [himself or] myself & I further give & bequeath unto each of my Executors fifty Dollars for their Services ~~~ I will One hundred Dollars to my Sister Deborah Newlin if [she] should out live myself It is my Will that my wearing Apparel be Divided between my Sons & that my Books be divided ["among" x-out] between all my Children ~~ I do hereby utterly disallow, revoke & disown all & every other Testaments Wills, Legacies bequests & Executors in any wise by me named, ratify ing [this] And no other to be my last Will and Testament ~~~ In Witness whereof I have Set my hand & Seal this 22nd day of the 9th Month in the Year of Our Lord 1824 In the presence of Jonathan Lindley (seal) Owen Lindley Thos. Maris Aaron Maris [Power of attorney for Jonathan Lindley] [Will Book Volume D, page 317] in Orange County, NC Will Book Volume D, page 317: State of N Carolina Orange County Know all Men by these presents that I Jonathan Lindley have constituted made and appointed and by these presents do Constitute make & appoint my Trusty friends John Newlin my true and Lawful attorney for me and in my name and stead and to my use to ask demand sue for levy recover and receive all such sum & sums of money debts rents goods ware dues accounts & the demands whatsoever which are or shall be due owing payable and belonging to me or detained from me in any manner of ways or means what -soever by giving and granting to my said atto -rney by these presents my full and whole power strength & authority to bargain and sell dispose of convey and make Title to and for my lands and Tenements in the said state of North Carolina and for me and in my name to sign seal and deli -ver whose signature shall good and valid to all in -tents and purposes as though I myself were present in and about the premises to have use and take all lawful ways and means in my name for the debts dues or sums of money aforesaid acquittances or other sufficient discharge for me and in my name to make seal and deliver and generally all or decrees in the Law whatsoever needful and necessary to be done in and about the premises for me and in my name to do execute and perform as fully large -ly and amply to all intents and purposes and I myself might or could do if I were personally present or as if the matter required more authority that is herein given and attorneys one of more under John Newlin for again at pleasure to revoke ratifying allowing and Holding for firm and effectual all and whatsoever my said attorney shall Lawfully do in and about the premises by virtue hereof In Witness whereof I have hereunto set my hand and seal this first day of May in the year of our Lord 1811 [Will Book Volume D, page 318] Signed and sealed in the presence of us Jonathan Lindley (seal) Thos Whitted } Jas Thomson } Orange County May Term 1811 The Execution of the foregoing power of Attorney was duly proved in open Court by the Oath of John Thompson one of the subscribing witnesses thereto and ordered to be recorded --- Test J Taylor Cl by T. Tennyson Additional Comments: Will Book Volume E, pages 167-172 Recorded Nov 1828 also Orange County, Indiana Will Book Volume 1, page 46. probated 22 Apr 1828 Difficult to read due to poor handwriting, non-standard spellings, many skipped words. Appears to use a combination of phonetic spelling and strong dialect. Many instances of "a" used in place of "o". Transcribed here as "Jonathan", always written as "Janathan". The word "bequeath" appears with a wide variety of spellings, and does the word "heirs".