Orange County NcArchives Wills.....Loften, Joseph March 27, 1806 ************************************************ 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 205-206 Written: March 27, 1806 Recorded: May 1806 [See Note 2] Testator: Joseph Loften In the Name of God Amen I Joseph -- Loten[sic] of Chappel Hill do make this my last Will & Tistament --- Vizt. ----- 1st I Lend to my dear wife Elizabeth Loften during her life my House & lot in the villedge[sic] of Chappel Hill also the Lands I bought of Bennet Parten, also I give her two thousand weight of Bacon 30 Barrels Corn three Cawes & Calves Three Sowes & Pigs also Four negroes Ben Turner & wife Cloe[?] & Two Children Harry & Jude also all my House Hold Furniture --- Except three beds for my three children unmarried and at Her death the rest to be disposed of as I shall hereafter direct, also I give her 3 of my best Horses & riding Che? [Chair] 2nd I give to my 2 sons Lenard[sic] & William the lands I bought of John Morgan to be divided by a Creek that runs through ite[sic] Lenord to take his choise, I give to my son Lenord my negro man Jim & To my son William his choise of ["all" x-out] one of all my negroes not given away to them their Heirs & Assigns for Ever ---- 3rd I give to my Daughter Catherine the Lands I bought of Bonds where under Hill lives 4th I give to my Daughter Vineter after Her ["5th" x-out] mothers Death the Porten[portion?] Lands to ["her" x-out] her Heirs and assigns for Ever --------- [page 2] 5th I give to my daughter Betsey after the death of Her mother the House & Lot of ground in the University ["to her" x-out] to Her Herrs & assigns for Ever ---------- 6th All the rest of my Estate I wish to be Equally divided amongst all my Childrn[sic] also the negroes & their Increase left to my wife I want Equally divided amongst my Children at Her death to ------ them their Herrs & assigns for Ever ------ 7th I wish the Lands in Craven County that I bought of Thos Heath to be sold at the descresion of my Exrs & the moneys arising from the sale to be Equally divided amongst my Children ---- 8th I leeve my son Lenord Loften & my friend Daniel West my Exrs ------ In witness whereof I have here unto set my hand & seal the 27th day of March AD 1806 Singnd[sic] seald &c } Joseph Loftin (seal) in presence of us } Wm Croom Geo Lane Jurat Exrs qualified Thos. Collier [Will Book Volume D, page 205] In the Name of God Amen I Joseph Loften of Chap pel Hill do make this my last Will and Testament (Viz.) 1 I Lend to my Dear Wife Elizabeth Loftin[sic] during her life my House and lot in the Village of Chappel Hill also [the following passage is found in the loose will, skipped in the will book] the Lands I bought of Bennet Parten, also [end of skipped passage] I give her two thousand Weight of Bacon 30 Barrels of Corn three Cows & Calves three Sows and Pigs Also four negroes Ben Turner & wife Cloe[?] and two Children Harey and Jude also all my Household furniture ~~~ except three beds for my three Children unmarried and at her Death [the rest] to be disposed of as [I] shall hereafter direct, Also I give her 3 of my best Houses[horses] and riding Chair 2nd I give to my 2 sons Leonard and William the lands I bought of John Morgan to be divided by a Creek that runs through it Leonard to take his Choice I give to my son Lenard[sic] my negro Man Jim and to my son William his Choice of one of all my negroes not given away to thim their Heirs and assigns forever ~~~~ 3rd I give to my Daughter Catharine the Lands I bought of Bonds where under hill lives ~~~~ 4th I give to my Daughter Vineter after her Mothers Death the portion Lands to her her Heirs & assigns forever ~~~~~ 5th I give to my Daughter Betsey after the Death of her mother the House and Lot of ground in the University to her her heirs & assigns forever ~~~~~~ 6th I[sic] All the rest of my Estate I Wish to be equally divided amongst all my Children also the negroes and their increase left to my Wife I Want equally divided amongst my Children at her death to them their heirs and assigns forever ~~~~ 7th I wish the Lands in [Craven] County that I bought of Thos. Heath to be sold at the discretion of my Exrs & the money arising from the sale [Will Book Volume D, page 206] to be equally divided amongst my Children ~~~~ 8th I leave my son Lenard Loften and my friend Daniel West my Exrs In witness Whereof I have hereunto Set my Hand & seal the 27th day of March AD 1806 Signed sealed &c } in presence of us } Joseph Loftin (seal) William Croom Geo Lane Thos. Collier Orange County May Term 1806 The execution of the foregoing Last Will and Testament of Joshp. Loftin Decd. was duly proved in Open Court by Geo Lane one of the subscribing Witnesses thereto and ordered to be Recorded ~~~ At the same time the Exr. therein named qual- ified accordingly ~~~~~ Test J Taylor CC by J A Benton Additional Comments: Will Book Volume D, pages 205-206 Recorded May 1806 [See Note 2] The word "Heirs" is written illegibly throughout the will, but seems to vary in spelling. Note 1: "Ben & Cloe" are listed twice, once at the beginning and once at the end, however the stated total number of 15 is arrived at when "Ben & Cloe" are counted twice, so it appears this is not a repeat of the same persons. Note 2: The wills before and after this one in the will book were proved Nov 1807. The probate date for this will is clearly marked May 1806, hence recorded out of chronological order. Estate Papers comprise 94 pages and are found in a folder labeled "Loftin, Joseph (1807)". Elisabeth Loftin, widow of the testator died in July 1806. Catherine Loftin, daughter of the testator married Morgan Yeargan One the executors, Daniel West, died while the estate was being executed, before Sep 1810. [Estate Papers - Craven Inventory 29 Mar 1806] March the 29th Day 1806 ------- Then Decd Joseph Loftin of Orange County at the house of Daniel West Who he Lef[t] one of his Exrs in Craven County This is the Invatory of his Notes & acts in sd Wests hands ---- [sundry entries omitted] To the hire of Negroe Joe & wife & son 55 0 0 [page 2 Outside of papers] The amount of Notes and acts in Craven County re Sale of a Piece of Land & hire of Black Smith Joe & family to be Returned to Orange County Court the 28th Day 1806 by D West Excr Belonging to the Estate of Jos. Loftin [Estate Papers - Inventory of Elisabeth Loftin's Estate 4 Sep 1806] An Inventory of the property that Joseph Loftin Lent to his wife Elizabeth Loftin in my hands Sept. 4th day 1806 ~~~~~~ [sundry article omitted] To Judea hire M M Yeargin 0 17 6 To Cloey and 2 Children Leo. Loftin 2 11 0 Leonard Loftin Ext Jurat [Estate Papers - Division of Property 1 Dec 1806] In Conformity with an order of Court at November Term 1806 we the subscribers attended on the 1st day of december at Chapel hill Pleasant Henderson absent but the Parties al[l] being present Jointly agreed upon Briant Kitral to fill the place of Mr Henderson we therefore proceeded to divide the Property of said Joseph Loften Dec agreeable to the last will & testament of sd. Dec. as follows Vizt ---- To Leonard Loften we allotted one Negroman named Charles one negro woman Judea & Child and a boy named Harry value £365-- To Mr Morgan Yeargain we allotted one Negro man named Charles one Negro woman named Dide one boy Do Joseph value £337-10 To William Loften we allotted one Negro Man named Joseph one Negro woman named Judea & one Girl Lydia value £362-10 To Neter Loften we allotted one Negro man named Benjamin & one Negro woman named Cloe value £350-- Whole amount £1415 } _______ } John Taylor Esqr the proportional part £353-15 } C.. P.. Patterson --- } Bryant Kitral ---- [Estate Papers - Bill of Complaint 22 Aug 1808] State of North Carolina } Orange County } In Equity To the Judge of the Court of Equity of the County of Orange The Bill of Complaint of Morgan Yeargan & Catherine his wife, William Loftin by Bejamin Yeargan his Guar -dian, Beneter Loftin by Morgan Yeargan her Guardian, and the said Morgan Yeargan administrator of the Good and chattels, rights and credit of Elizabeth Loftin deceased against Daniel West & Leonard Loftin --- Humbly complaining sheweth unto your Honor, Your Orators Morgan Yeargan and Catherine his wife, William Loftin an Infant under the age of twenty one year by Benjamin Yeargan his Guardian, Beneter Loftin an Infant under the age of twenty one year by Morgan Yeargan her Guardian, and the said Morgan Yeargan Administrator of all and singular the Good and chattels rights and credits of Elisabeth Loftin junr. deceased, all of the County of Orange aforesaid, that Joseph Loftin late of the County of Orange, was in his lifetime seized and possessed of a large Estate real and personal, and being so seized and possessed of a large Estate real and personal, & being so seized and possessed on the 27th day of March 1806; duly made & published his last will and Testament in writing; and therein amongst other things bequeath sundry articles of provisions to Elisabeth his wife, and to her during her life four negro slaves; three Horses, a riding Chair and the greater part of his household furniture, and having disposed of the greater part of his real Estate, and several of his Slaves, devised and bequeath in the following words, towit, 6th all the rest of my Estate I wish to be divided "amongst all my children; all the negroes and their increase left to my wife, "I want equally divided amongst my children, at her death; to them their "heirs and assigns forever. 7th I wish the land in Craven County, that I "bought of Thomas Heath, to be sold ath the discretion of my Executors, and "the money arising from the Sale, to be equally divided amongst my children", all o which will more fully and accuratly appear reference being had to the said Will, to which your Orators beg leave to refer for greater certainty. and the said Joseph Loftin afterwards, towit, in the month of April in this same year, departed this life, without having in any manner changed, or altered his said Will, whereupon Daniel West & Leonard Loftin the Executor therein named cause the said Will to be duly proved at a County Court of Pleas and Quarter Sessions held for the said County of Orange on the fourth Monday of May in the same year, and took on themselves the burthen of executing the same. Your Orators further shew that the Defendants by virtue of their authority [page 2] as Executors of the said Will, immediately after the probate thereof, possessed themselves of all the personal property of the Testator, as set forth in three[?] several returns herein after mentioned, and also of fifteen slaves of the said Estate, towit, Ben. Cloe, Jude junr., James, Will, Big Charles, Little Charles, Joe, Jude Senr. Mol, Joe, Sid, Harry, Ben, & Cloe,[see Note 1] and soon afterword sold the perishable part of the said Estate, and hired out the said Slaves; and also sold the tract of Land; devised to be sold as aforesaid: and returned to the said Court of Orange County Inventaries and accounts of Sale of the said property (to wit) An Inventary and account of Sales of the property of the Testator in Orange County, including Debts due to the Testator, amounting to six hundred & six pounds two shillings & nine pence a second Inventary of the Estate of the Testator, including debts and the Sale of the said land, amounting to Two thousand six hundred & twenty one pounds five shilling and three pence; And a third Inventary & amount of Sales of the residue of the property of Testator in Orange, amounting to Two thousand and ninety six pound ten shilling & six pence, to which returns your Orator for greater certainty beg leave to refer; and your Orators change that the Defendants, have received property and debts of the said Estate to a great amount, which are not mentioned in the said returns. Your Orators further shew that Elisabeth the widow of the Testator died intestate, in the month of July in the year aforesaid before the Defendants had opurted[opportuned?] to the bequest to hir, and therefore they have administered the property, willed to her as the property of the Testator and have the proceeds thereof in their hands. Your Orators further shew that the Defendants divided the Slaves of the said Estate, subject to a division amongst the Legatees, and upon such division the Complainants Catherine became a creditor to the amount of £ 16.5.0; the complainant Beneter to the amount of £ 3.15.9; and the Defendant Leonard became a Debtor To the amount of £11.5.0' and the complainant William to the amount of £8:15.0; which sums remain unsatisfied - - Your Orators further shew that your Orator Morgan Yeargan purchased at the Sale of the said Estate, sundry article for the price of which he executed his Bond to the Defendant, and hath since been compelled to pay the amount thereof, and that your said Orator became bound with the Testator in his life time, as Security for the Testator, to one James Webb Administrator of the Estate of George Moore in the final Sum of One thousand ["dollars" x-out] Conditioned among other things that the Testator would pay to the said James Webb thirty one pounds [page 3] pound on the first day of January 1806 and the said James Webb hath sued your said Orator on the said Bond and recovered Judgment thereon; with five pounds eight & nine pence costs, which said Judgment and costs your said Orator hath paid & discharged. -- Your Orators further shew that the Testator left living at the time of his death five children towit, the Defendant Leonard and your Orators William, Catherine, Beneter, & Elisabeth; and the said Elisabeth died in July 1806 an Infant of tender years, and your Orator Morgan obtained the administration of her goods and chattels right and Credits, at a County Court of Pleas and Quarter Sessions held for the said County on the fourth Monday of August 1808 Your Orators well hoped that the Defendant would have executed the Will of the Testator and concluded the Executorship with diligence, prudence, and Integrity, and would have paid over to your Orators their respective share of the said Estate, and the profits thereof at the end of two years from the probate of the said Will. But so it ["is may it please your Honor" x-out] that the Defendants combining and confederating with others how to cheat and defraud your Orators have wholly failed to pay over to your Orators their share of the said Estate, although often thereof requested and give out in speeches that that the whole of the said Estate hath been exhausted in the payment of debts due form the Testator; whereas your Orators expressly charge that the Testator was indebted in but a very small sum at the time of his death, part of which your Orator Morgan Yeargan paid and at other times they say that they have not collected the monies due to the Testator in his lifetime, whereas you Orators charge that the Defendants have collected the said monies, and have converted them to their own use, and made great profit thereof, for that all the said Debtors were solvent and able to pay. And also that a valuable bay Horse of the price of $200 died in the service of the Estate, and that a double chair of the value of $75 was by inevitable accident broken and distroyed in the service of the said Estate, whereas your Orators charge that the Defendant Leonard used the said Horse on his own private busi -ness, and killed the said Horse by riving in an umvartable[?] and excessive manner, or by carelessness, or mismanagement of the said Horse, and that he said Leonard used the said Chair on a [page 4] Journey upon his own business, and broke and distroyed the same by his rashness and want of reasonable care. All which actings and doings are contrary to Equity and good conscience and tend to the manifest injury of your Orators, In tender consideration whereof, and for as much as your Orators are remediless in the premises except in this Honorable Court. To the end therefore that the Defendants may full true and perfect answer make to the several matters & things set forth and charged in this Bill in as full and ample manner as if the same were herein again repeated and they therein interro =gated; And that the Defendants may be compelled to set forth and show, what property of the Testator hath come to their hands and what debts are due to the Testator they have collected, and at what times; to render a full and accurate account of the said Estate, & the manner in which they have administered the same; that they may be compelled to produce all the Books entries and papers in their possession or power touching and concerning the said Estate, that the Defendants may be compelled to account with your Orators and pay over to them their respective shares of the said Estate, and to your Orator Morgan Yeargan the money advanced by him for the said Estate; and that your Orators may have such other and further relief, as to your Honor may seem just & Equitable, may it please your Honor to grant to your Orators your Writ or Writs of Capias ad respondendum to hold the Defendants to bail in the sum of Three thousand pounds, to be issued to the County of Craven where the Defendants reside and the Complainants will ever pray &c Wm Norwood for Complts State of North Carolina } Orange County } Morgan Yeargan one of the complain =ants maketh Oath that from a view of the several returns make by the Defendants, and his knowledge of the situation of the Estate of the Testator, he verily believes the complainants are intitled to recover of the Defendants one thousand five hundred puns at Least W M Yeargan Sworn to & subscribed before me this 22d day of August 1808 R. Henderson CME [Estate Papers - Daniel West Testimony 14 Sep 1808] Morgan Yeargan & others } vs } Orange County Daniel West and } In Equity Leonard Loftin } Daniel West maketh oath, That the Subpoena and Copy of the Bill in this case were delivered him on the second of September. That for some months past he has been afflicted with a palsy which disables him except at intervals from attending to business. That at the time of the service of the said Subpoena he was confined to his bed with fever & has not been able with convenience or without injury to his health to leave home & obtain the aid of counsel until the 11th Septr. That from the nature of the administration of the estate of his testator his accounts are of a length & intricacy which render much time necessary to state them - and he cannot prepare his account in time to answer at the September term of Orange Court of Equity ~~ Sworn to before me this 14th day of September 1808 Ed: Graham CME D. West