Orange County NcArchives Wills.....McBroom, Andrew February 28, 1842 ************************************************ 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: Dorothy Lou Tate Walker skywalk1@embarqmail.com February 1, 2008, 5:08 pm Source: Nc State Archives Written: February 28, 1842 Recorded: May 1851 Andrew McBroom will dated 28th day of February AD 1842, contested in court 4th Monday 1849 continued to May Term 1849, appealed to Superior Court, recorded May 1851. Orange County Will Book F page 483. Papers held at State Archives McBroom, Andrew Co. 073, [Orange Co] 1851 WB-F/483 AR, North Carolina Wills: A Testator Index, 1665-1900, Thornton W. Mitchell, Corrected and Revised Ed, In One volume, Genealogical Publishing Co., Inc. Transcription made from loose documents held at State Archives in Orange County Will Box. Andrew McBroom documents consist of 13 pages 9 of which are the Clerk’s transcript and 4 pages of the actual will. Note: spellings of names differ between the clerk record and the actual will. Punctuation and spelling maintained as close as possible to original. ---------------------------- North Carolina Be it remembered that at a Court of Pleas & Quarter Sessions begun & held for the county of Orange at the Court House in Hillsborough on the fourth Monday of February AD 1849 Present the --------------------Harrison Parker, William Patterson & William F Strayhorn Esqrs, Justices appointed to Keep the Peace & hold the Courts “A Paper writing purporting to be the last will & Testament of Andrew McBroom decd was ---ounded here in open court for probate by Joseph Allison an Executor therein named & a Caveat is entered to the same by Richard Breeze & others; And therefore it is ordered by the Court that an issues be Submitted to a Jury to try whether this Said paper writing is the last will and Testament of Said Andrew McBroom decd_ And that upon the said trial the following persons shall be plaintiffs viz: Joseph Allison Ex. & Wm H Jordan & Margaret McBroom vs. Richard Breeze & Nancy his wife, John Jordan & Mary his wife, Saml. P. Moore, Andrew M Moore, Wm I [J?] Moore, Josiah Moore, Henderson C McDade & Mary G. his wife, John Smith & his wife Elizabeth, Andrew Jordan, Thomas Jordan, Thomas Pope and Margaret his wife, John McBroom, James S McBroom___ of whom Thomas Jordan is a minor and defended by John S Allison appointed his Guardian pendent lite & said John McBroom and James McBroom are minors and defend by their Guardian John I Allison, and Asahel Breeze a 2 minor who defends by Richard Breeze who is appointed his Guardian Pendent Lite- -- This first was then entered on the appearance Docket of Said Court_ but because the parties were not ready & it was continued until May Term 1849 When came the parties by their attornies & came also the following Jury to wit Joseph B McMurray, James H Praft, Adam De’[St]son, Caleb Dixon, Chas P Strowd, Frederick Lloyd, Thomas Pelligrew, Jesse Palmer, David McKee, Henry Lloyd, John Miller, James Crawford, who being dulySworn & charged find that the said paper writing is not the last will & testament of Andrew McBroom decd, Which Said paper writing is in the words & figures following, to wit; “I Andrew McBroom of the County of Orange & State of State of North Carolina, considering the uncertainty of this mortal life, and being of sound mind and memory, do make this my last will and testament in manner & form following viz: First I give and bequeath unto my son Samuel McBroom one hundred and fifty acres of land adjoining the lands I give him before, also I give and bequeath unto my son Samuel McBroom one hundred acres of land adjoining the lands of Samuel Madden Hugh Woods and John Redding__ Secondly, I give and bequeath unto my daughter Margaret McBroom one half of the tract of land whereon I now reside, said tract to be divided by a line 3 running north and South, and my said daughter Margaret to have the east end of the said tract of land, I also give and bequeath unto my daughter Margaret McBroom one half of a hundred acres which I reserved when giving to my son Samuel, lying on the north side of my old tract I live on, which is to be laid off in a square the length of my old line, my daughter Margaret to have fifty acres on the east end, I also give and bequeath unto my daughter Margaret McBroom Twenty five acres of land which I purchased of William Mitchell, I also give and bequeath unto my daughter Margaret McBroom the following negros viz: one man named Pleasant one woman named Lainy & her four children viz: Alexander, Jiney, Samuel, and Marice, and her future increase- Also my daughter Margaret is to maintain Cherry so long as She may live, I also give & bequeath unto my daughter Margaret two of my best horses allowing her to make her choise of all my stock of on hand at my decease, I also five and bequeath unto my daughter Margaret two cows in addition to what she now owns allowing her choise of all my stock_ I also give and bequeath unto my daughter Margaret McBroom all my house hold and kitchen furniture, except two walnut Desks, and two walnut Tables allowing her to give her Sisters any part that she may choose to give them of said household and kitchen furniture. 3rd I give and 4 bequeath unto my daughter Nancy Breeze the negro woman named Sinc, that I had formally loaned to my daughter Nancy and all her children She now has, and may have hereafter_ I also leave in trust with my Executors for the use and benefit of my daughter Isabela Moore one negro boy named Bob to be hired out for her benefit or if they should think it best for her they may let her have the services of said boy herself during her natural life and at her death to be Sold and the proceeds of said sale to be equally divided among all the children of my said daughter Isabela Moore_ Also I give and bequeath unto my daughter, Mary Jordan one negro boy named John, but to be kept in the hands of my executors in trust, and to be hire out by them for the use and benefit of my said daughter Mary Jordan or if my Executors should think it best they may let my said daughter Mary Jordan have the services of said boy during her natural life and at her death the said boy to be sold and the proceeds of the sale to be equally divided among all the children of her the said Margaret [actual will says Mary – see below] Jordan, I also give and bequeath unto my two grand children one tract of land containing two hundred and two acres which I purchased from William Keeling that is to say to Andrew Jordan and Thomas Jordan the said tract to be 5 Equally divided between them by an east and west line and if the said Thomas Jordan should die under age then his part to go to his youngest brother I also give and bequeath to my grand son Wm H Jordan the other half of the tract of land where on I how live, and not heretofore given away by this will_ I also give to the said William H Jordan fifty acres of land which I purchased of William McBroom it being balance of said tract not give away in this will, I also give unto my grandson William H Jordan one negro boy name Wilson_ I also give and bequeath unto Isabella Moore & Nancy Breeze a tract of land I purchase of Richerson Nichols where on Asahel Moore now lives to be divided by an east and west line, but to be kept in trust, in the hands of my Executors and to be managed in what ever way they may think best for the maintenance of my said daughters during their natural lives viz Isabella Moore to have the north side of said tract of land, and Nancy Breeze the south side, and at the death of my daughter Isabella Moore her part of the said land to go to her son Josiah Moore and at the death of my daughter Nancy Breeze, her part of said land to go to her son Asahel Breeze- I also further give & bequeath unto 6 My daughter Margaret McBroom my small wagon and geer for four horse and all my ploughs hoes & mattocs I also will that one negro woman named Nancy and her child Richard and all her future increase with all the balance of my stock of horses, cattle, sheep, and hogs not willed away heretofore to be sold by my Executors also all my wagons, stills, and farming utensils of every kind, and all other property not heretofore disposed of in this will of every description to be sold to be sold by my Executors except my negro man Isaac, which I give and bequeath unto my grand son Andrew McBroom_ I also will that the proceeds of the sale of the property above mentioned shall be given as follows viz: with all my money on hand and notes, I give to each of Mary Jordan’s children ten dollars, I give to my grand daughter Elizabeth Moore ten dollars_ I give to my grand daughter Margaret I McBroom ten Dollars and all the balance found in the hands of my Executors after paying all my just debts & legacies bequeathed by my will, I give unto my daughter Margaret McBroom I also appoint John McDade Senr, Genl. Joseph Allison and Joseph D Hughes Executors to this my last will and Testament in witness where of I have hereunto set my hand and seal this 28th day of February AD 1842 7 Signed, Sealed published} his And declared by the} Andrew X McBroom (sealed) Above named Andrew} mark McBroom to be his last} will and testament in} the presence of us, who} at his request and in} his Presence have sub=} scribed our names Thompson Moris William Wilkerson which is granted The Plaintiffs pray and appeal to the superior court /\ and no appeal bond required I Joseph Allison Clerk of Orange County Court of Pleas & Quarters Sessions do hereby certify that the foregoing 7 pages Contain a true & correct transcript of the records & proceedings in the suit “Joseph Allison Exs & others against Richard Breeze & others Caveating the will of Andrew McBroom deceased Given under my hand at Office this 7th August 1849 J Allison Clerk [next page - no number] Bill of Costs Docketing Caveat 1.00 1 Continuance .30 Determination .75 Transcript 1.00 $3.05 Tax 1.00 Attornies Nov [can’t read]4.00 $8:05 Test C.Clk [outer page of fold] Joseph Allison Exs. & others Vs Caveat Richd Breeze & others Transcript. To Orange County Supr. Court Sept Term 1849 ---hand Term 1851 [next page – no page number. The contested will. Evidently the will was approved in Superior Court as it is entered in the record May Term 1851 pg 483. Spelling and punctuation maintained as best as possible.] I Andrew McBroom of the County of Orange & State of State of N Carolina, considering the uncertainty of this mortal life, and being of Sound mind and memory, do make this my last Will and testament in manner & form following Viz: First I give and bequeath unto my son Samuel McBroom one hundred and fifty acres of land adjoining the lands I give him before, also I give and bequeath unto my son Samuel McBroom one hundred acres of land adjoining the lands of Samuel Madden, Hugh Woods and John Redding Secondly, I give and bequeath unto my daughter Margaret McBroom one half of the tract of land whereon I now reside, Said tract to be divided by a line running north and South, and my said daughter Margaret to have the east end of the said tract of land, I also give and bequeath unto my daughter Margaret McBroom one half of a hundred acres which I reserved when giving to my son Samuel, lying on the north side of my old tract I live on, which is to be laid off in a square the length of my old line, my daughter Margaret to have fifty acres on the east end, I also give and bequeath unto my daughter Margaret McBroom Twenty-five acres of land which I purchased of William Mitchell, I also give and bequeath unto my daughter Margaret McBroom the following negros Viz: one man nam’d Pleasant one woman nam’d Lainy & her four children Viz: Alexander, Luicy, Samuel, and Maria, and her future increase- also my daughter Margaret is to maintain Cherry so long as she may live, I also give and bequeath unto my daughter Margaret two of my best horses allowing her to make her choise of all my Stock of on hand at my decease, I also give and bequeath unto my daughter Margaret two cows in addition to what she now owns allowing her chocis of all my [next page] Stock_ I also give and bequeath unto my daughter Margaret McBroom all my house-hold and kitchen furniture, except two walnut Desks and two walnut Tables allowing her to give to her Sisters any part that she may choose to give them of said house-hold and kitchen furniture. 3rd I give and bequeath unto my daughter Nancy Breeze the negro woman nam’d Jine, that I had formally loan’d to my daughter Nancy and all her children she now has, and may have hereafter- I also leave in trust with my Executors for the use and benefit of my daughter Isabela Moore one negro boy nam’d Bob to be hired out for her benefit or if they should think it best for her they may let her have the services of said boy herself during her natural life and at her death to be sold and the proceeds of said sale to be equally divided among all the children of my said daughter Isabela Moore_ also I give and bequeath unto my daughter, Mary Jordan one negro boy nam’d John, but to be kept in the hands of my Executors in trust, and to be hired out by them for the use and benefit of my said daughter Mary Jordan or if my Executors should think it best they may let my said daughter Mary Jordan have the services of said boy during her natural life, and at her death the said boy to be sold and the proceeds of the sale to be equally divided among all the children of her the said Margaret Jordan, I also give and bequeath unto my two grand children one tract of land containing two hundred and two acres, which I purchased from William [R]Keeling, that is to say to Andrew Jordan and Thomas Jordan, the said tract to be equally divided between them by an east and west line, and if the said Thomas Jordan should die under age then his part to go to his youngest brother I also give and bequeath to my grand son Wm H Jordan the other half of the tract of land where on I how live, and not heretofore given away by this will_ [next page] I also give to the said William H Jordan fifty acres of land which I purchased of William McBroom it being a balance of said tract not given away in this will, I also give unto my grandson William H Jordan one negro boy nam’d Wilson, I also give and bequeath unto Isabella Moore and Nancy Breeze a tract of land I purchased of Richerson Nicholas where on Ashael Moore now lives, to be divided by an east and west line, but to be kept in trust, in the hands of my Executors and to be manage’d in whatever way they may think best for the maintenance of my said daughters during their natural lives viz: Isabela Moore to have the north side of said tract of Land, and Nancy Breeze the south side, and at the death of my daughter Isabella Moore her part of the said Land to go to her son Josiah Moore and at the death of my daughter Nancy Breeze, her part of said Land to go to her son Ashael Breeze- I also further give and bequeath unto my daughter Margaret McBroom my Small wagon and geer for four horses and all my ploughs, hoes & mattocks- I also will that one negro woman nam’d Nancy and her child Richard, and all her future increase with all the ballance of my Stock of horses, cattles, sheep, and hogs not willed away heretofore to be Sold by my Executors also all my wagons, stills, and farming utensils of every kind, and all other property not heretofore dispos’d of in this Will of every description to be sold by my Executors, except my negro man Isaac, which I give and bequeath unto my grand son Andrew McBroom,- I also will that the proceeds of the sale of the property above mention’d shall be given as follows viz: with all my money on hand and notes, I give to each of Mary Jordan’s children ten dollars, I give to my grand daughter Elizabeth Moore ten dollars- I give to my grand daughter Margaret I [or J] McBroom ten dollars- [next page] And all the balance found in the hands of my Executors after paying all my Just debts & legacies bequeath’d by my will, I give unto my daughter Margaret McBroom- I also appoint John McDade Senr. Genl. Joseph Allison, and Joseph D Hughes Executors to this my last will and testament in witness where of I have hereunto set my hand and Seal this 28th day of Feby A.D. 1842 Signed, Sealed, published and} his declare by the above nam’d } Andrew X McBroom (Seal) Andrew McBroom to be} mark his last will and testament} in the presence of us, who at his request, and in his presence have Subscribed our names in witness thereunto- [fold mark] [folded outer page] Thompson Morris A McBroom’s William Wilkerson Will Copied [faintly marked] Recorded May 1851 Page 483 [next page outer fold] Compared Andrew McBrooms Will Made 28th Feb 1842 Recorded May 1851 Page 483 File at: http://files.usgwarchives.net/nc/orange/wills/mcbroom393gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 17.3 Kb