Orange County NcArchives Wills.....McCauley, Charles April 21, 1829 ************************************************ 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 183-185 Written: April 21, 1829 Recorded: May 1829 Testator: Charles McCauley In the name of God Amen I Charles McCauley of the County of Orange and State of North Carolina do make and publish this my last Will and Testament in manner and form following Towit in the first place it is my will that all my Just debts should be paid Secondly I lend to my beloved wife Mary McCauley during her natural life all the lands of which I am Seized & possessed but should She marry then it is my will that she shall have only one third of my Lands inclu= =ding my Plantation during her life - I also lend her during her life my Negro man Peter my negro woman Tempy and my Negro Girl Caty with their Increase I also lend her during her life all my Household & Kitchen furni= =ture also all my stock of Horses, Cattle, Hoggs & Sheep togeth =er with my Farming Tools of every description Thirdly I Give and bequeathe to my Daughter Eliza McCauley my Negro Girl Nancey also one Bed & furniture to belong to her forever Fourthly I Give and Bequeathe to my Daughter Sarah McCauley my Negro Girl Dycey[will book: Dicey] also one Bed & furniture to belong to her forever fifthly - I Give and Bequeathe to my Daughter Mary Jane McCauley my Negro Girl Ary [Asy?] also one Bed & furniture to belong to her forever Sixthly I Give and Bequeathe to my Son William McCauley one Bed & furniture; and the reason why I do not Give him a part of my Negroes is that he had already a negro given to him by the Will of his Grandfather the late William McCauley Deceased and is better provided for in that respect that I can do for the rest of my Children Seventhly I Give and Bequeathe to my Son James McCauley my Negro Boy Anderson also one Bed & furniture [page 2] to belong to him forever Eighthly I Give to my three Sons towit Johnston McCauley Archibald McCauley and Henry Crawford McCauley my Negro man Peter my Negro Woman Tempy and my Negro Girl Caty them and their Increase to belong to my said three sons after the death of my Wife and not before Ninethly After the death of my Wife I Give and Bequeath to my five Sons towit William McCauley, James McCauley, Johnston McCauley, Archibald McCauley and Henry Crawford McCauley all the land of which I am Seized and possessed to be Equally Divided between them Share and Share alike and should it so happen that one or more of my said Sons should die before ariving at the age of twenty one years or having lawfull Issue then it is my Will that the share of him or them So dieing shall go to the Survivor or Survivors Tenthly After the death of my Wife it is my Will that my Stock of Horses, Cattle Hoggs & Sheep together with my Farming tools &c or Such as may be then remaining shall be sold and the proceeds of Such Sale Equally divided among all my Children And lastly In order that this my last Will and Testament may not fail of effect and that my design in making the Same may be fully answered I appoint John McCauley (son of Mathew) my Executor In Testimoney whereof I have hereunto set my hand and Seal this 21st of April AD 1829 published & Declared to be his last will} In presence of Jos. Kirkland } Charles McCauley James Long } Jurat (seal) Jno McCauley qualified Exr [page 3] The following I wish to be considered as a codicil to and taken as a part of my last Will and Testament (Towit) I lend my Waggon to my Wife during her life - Witness my hand and seal this 21st April 1829 Witness Jos. Kirkland Charles McCauley (seal) James Long [Will Book Volume E, page 183] In the name of God Amen. I Charles McCauley of the County of Orange and State of North Carolina do make and publish this my last Will and Testament in manner and form following (to wit) in the first place it is my Will that all my Just debts should be paid. ~~ Secondly I lend to my beloved wife Mary McCauley during her natural life all the Lands of which I am seized and possessed, but should she marry then it is my Will that she shall have only [Will Book Volume E, page 183] one third of my Lands including my plantation during her life ~~ I also lend her during her life my negro Man Peter, my negro Woman Tempy & my Negro Girl Caty with their Increase, I also lend her during her life all my Household & Kitchen furniture also all my stock of Horses, Cattle, Hogs & Sheep, together with my farming tools of every description ~~~ Thirdly I give and bequeath to my daughter Eliza McCauley my negro Girl Nancy, also one Bed & furniture to belong to her forever ~~~ Fourthly I give and bequeath to my daughter Sarah McCauley my negro Girl Dicey also one Bed & furniture to belong to her forever ~~ Fifthly I give and bequeath to my daughter Mary Jane McCauley my negro Girl Ary [Asy?] also one Bed & furniture to belong to her forever ~~~ Sixthly I give and bequeath to my Son William McCauley one Bed & furniture; and the reason why I dont give him a part of my Negroes is that he had already a Negro given to him by the Will of his Grandfather the late William McCauley deceased and is better provided for in that respect that I can do for the rest of my children Seventhly I give and bequeath to my Son James McCauley my negro boy Anderson also one Bed & furniture to belong to him forever ~~~ Eighthly I give to my three sons to wit, Johnston McCauley Archibald McCauley and Henry Crawford McCauley my negro man Peter my negro Woman Tempy and my negro Girl Caty them and their increase to belong to my said three sons after the death of my wife and not before ~~~ Ninthly After the death of my Wife I give and bequeath to my five Sons (to wit) William McCauley James McCauley Johnston McCauley, Archibald McCauley, and Henry Crawford McCauley all the Lands of which I am siezed[sic] and possessed to be equally divided between them share and share alike; And should it so happen that one or more of my said Sons should die before arriving at the age of twenty one years or having lawful issue then it is my Will that the share of him or them So dieing shall go to the survivor or survivors ~~~ Tenthly After the death of my Wife it is my Will that my Stock of Horses, Cattle, Hogs & Sheep together with my farming tools &c or such as may be then remaining shall be sold and the proceeds of such Sale equally divided among all my [Will Book Volume E, page 184] children ~~~ And lastly, In order that this my last Will and Testament may not fail of effect and that my design in making the same may be fully answered I appoint John McCauley (son of Mathew) my Execu =tor ~~~ In testimony whereof I have hereunto set my hand and Seal this 21st of April A.D. 1829 Published & declared to be his } last will in presence of } Charles McCauley Jos. Kirkland James Long The following I wish to be considered as a codicil to and taken as a part of my last Will and Testament (Towit) I lend my Wagon to my Wife during her life ~~~ Witness my hand and Seal this 21st April 1829 Witness Jos. Kirkland Charles McCauley (seal) James Long Orange County May Term 1829 The Execution of the foregoing last Will and Testament and the Codicil thereto of Charles McCauley decd. was duly proved in ope Court by the Oaths of Joseph Kirkland and James Long the subscribing witnesses thereto, and ordered to be recorded ~~ At the same time John McCawley the Executor therein named appeared in open Court and qualified accordingly Test Additional Comments: Will Book Volume E, pages 183-185 Recorded May 1829 Estate Papers comprise 10 pages and are found in a folder labeled "McCauley, Charles (1829)". Includes Inventory, Estate Sale, Petition for division of lands. [Estate Papers - Inventory 28 May 1829] The following is an Inventory of the cash Notes accounts and other property of which Charles McCauley Sr. Decd seized and possessed of and which came to the hands of John McCauley Exetr of said Charles on the 28th day of May 1829 [sundry entries omitted] 8 slaves (Viz) Edy Peter Tempey Caty Nancy Dicey Anderson & Arey [Estate Papers - Estate Sale 15 Jun 1829] The following is a List of the Property of Charles McCauley Decst and sold by John McCauley Extr of said Charles McCauley on 15th day of June 1829 on a credit of six months [sundry entries omitted] Negro woman Edy to widow .30 [thirty cents]