Orange County NcArchives Wills.....McCauley, Charles December 16, 1836 ************************************************ 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 404-406 Written: December 16, 1836 Recorded: Feb 1837 Testator: Charles McCauley In the name of God Amen, I Charles McCauley of the County of Orange and State of North Carolina being weak of body but of sound mind and memory thanks be to the Almighty for the same; Therefore calling to mind the mortality of my body & knowing that it is appointed for all men to die. ~~ I do make and Ordain this to be my last Will and testament in manner and form as followeth: ~~ First and principally I do recommend my Immortal spirit into the hands of Almighty God that gave it to me hope -ing through the merrits of my blessed Redeemer to inhe -rit life everlasting and as to my mortal body I commit it to the earth from whence it was taken to be buried at the discretion of my Executors hereafter to be mentioned. First my will is that all my Just debts be paid Secondly I leave my worldly estate in manner and form as followeth. First. I leave to my beloved wife Elizabeth McCauley the one half of all my worldly estate both real and personal forever to be at her own disposal provided She does not Marry and in that case notwithstanding at her death my will is that the whole and all hir said share, with all the Increase and profits arising from her said share shall decend to my son Matthew and his lawful Heirs Secondly I give and bequeath to my son Matthew all the other half of my worldly estate both real and personal which shall be equal to his Mother distributive share in point of value but should my said son die leaving no children, then and in that (case [page 2] case my will and desire is that ["that" x-out] my wife Elizabeth McCauley Shall have the use of my son Matthew's distributive share of my estate during her natural life or widowhood, and then at her decease, or expiration of hir widowhood, my will is that my said son Matthew's estate with all the proceeds arising therefrom to be equally divided among my lawful Heirs, and moreover it is my desire that my son Matthew may have the benefit of a Classical Education and that he be put under the care of good & Judicious Instructors. ~~~ Thirdly I give and bequeath to my son Matthew my Silver Watch, to him and his Heirs forever Fourthly I do give and bequeath to my brother Matthew McCauley a Tract of land containing one hundred and fifty Three Acres lying on the waters of Cub Creek it being known and distinguished by the name of the Pineywoods tract, to him and his heirs forever, with the exception of Forty choice trees which I give to my wife on the said Pineywoods tract, and in addition to that, if my son Matthew should die leaving no children, I do give to my said brother Matthew McCauley one other small Tract of land lying on the East side of Morgans Creek containing about sixty acres it being known by the name of the Brewer or Tilly lands Including my saw mill and one acre of land on the North side of said Creek and adjoining the said Sawmill with the privilege of a convenient road for Hauling Timbers to said mill, and in consideration of the last mentioned devise, should that circumstance take place my Will and desire is that my said Brother Matthew McCauley shall give to my Brother George McCauley who now resides in the State of Tennessee or to his heirs who may represent him at that time the [page 3] the sum of Three hundred Dollars clear of Interest thereon Fifthly Its my will and desire that if the money due to me with such part of the produce now on hand that can be spared should not be sufficient to pay all the debts which I owe, it is my desire that my Executors hereafter to be mentioned is to sell such of my property as they may in their Judgment conceive to be the easiest spared to supply such deficiency if any so as shall be the least injury to my legatees, Sixthly is my will and desire that my executors allow to my wife and my family a comfortable and plentiful support for one year out of the provisions now on hand ~~~ And Lastly I do constitute and Appoint my Brother Matthew McCauley and my friend Bryant Strowd Exe- -cutors of this my last will and Testament In witness whereof I the said Charles McCauley do hereunto set my hand and affix my seal, This Sixteenth day of Decem -ber In the year of Our Lord One thousand eight hundred and thirty six ------ Sign'd & sealed Charles McCauley (Seal) in presence of Charles King Jurat Henry McColum John Cheekk Jurat Charles McCauley qualifd Exr. [Will Book Volume E, page 404] In the name of God Amen I Charles McCauley of the County of Orange and State of North Carolina being Weake of body but of Sound mind & memory thanks be to the Almighty for the Same ~~~ Therefore Calling to mind the mortality of my body & knowing that it is appointed for all men to die I do make and Ordain this to be my last Will and Testament in manner and form as followeth: ~~ First and principally I do recommend my Immortal Spirit unto the hands of Almighty God that gave it to me hopeing through the merits of my blessed Redeemer to inherit life everlasting and as to my mortal body I commit it to the earth from Whence it was taken. to be buried at the discretion of my Executors hereafter to be mentioned. first my will is that all my Just debts be paid. Secondly I leave my Worldly estate in manner and form as followeth: ~~ First. I leave to my beloved Wife ~~~ Elizabeth McCauley the one half of all my Worldly estate both real and personal forever to be at her own disposal provided She does not marry and in that case notwithstanding at her death my Will is that the whole and all her said share With all the Increase and profits arising from her said share shall de[s]cend to my son Matthew and his lawful Heirs ~~ Secondly I give and bequeath to my son Matthew all the Other half of my Worldly estate both real and personal Which shall be equal to his Mothers distribtion [distributive] Share in point of value [x-out] [x-out] but Should my said son die leaving no Children then and in that Case my Will and desire is that my Wife Elizabeth McCauley Shall have the use of my son Matthew's distributive Share of my estate during her natural life or widowhood and then at her decease or expiration of her widowhood my Will is that my Said son Matthews estate with all the proceeds arising therefrom to be equally divided among my lawful Heirs and moreover it is my desire that my son Matthew may have the benefit of a Classical ~~~ Education and that he be put under the care of good & Judicious Instructors ~~~ [Will Book Volume E, page 405] Thirdly I give and bequeath to my son Mathew my Silver Watch to him and his Heirs forever ~~ Fourthly I do give and bequeath to my brother Mathew McCauley a Tract of Land Contain[in]g one Hundred & fifty Three Acres lying on the Waters of Cub Creek it being known and distinguished by the name of the Pineywood tract, to [x-out] him [and] his Heirs forever with the exception of Forty Choice trees Which I give to my Wife on the said Pineywood Tract and in addition to that if my son Matthew Should die leaving no Children I do give to my said brother Matthew McCauley one other Small Tract of land lying on the East side of Morgans Creek containing about sixty acres it being Known by the name of the Brewer or Tilly lands Including my Saw mill and one acre of land on the North Side of said Creek and adjoining the Said Saw mill with the privilege of a convenient road for Hauling Timbers to Said Mill and in consideration of the last mentioned devise Should that circumstance take place my Will and desire is that my said Brother Matthew McCauley Shall give to my Brother George McCauley who now resides in the State of Tennessee or to his Heirs who may represent him at that time the sum of Three hundred Dollars clear of Interest thereon Fifthly Its my Will and desire that if the money due to me With Such part of the produce now on hand that can be spared should not be Sufficient to pay all the debts which I owe it is my desire that my Executors hereafter to be mentioned is to Sell Such of my property as they may in their Judgment conceive to be the Easiest spared to Supply Such deficiency if any so as Shall be the least injury to my legatees Sixthly is my Will and desire that my executors allow to my Wife and my family a comfortable and plentafull[sic] support for one year out of the provisions now on hand And Lastly I do Constitute and Appoint my Brother Matthew Mc Cauley and my friend Bryant Strowd Executors of this my last Will and Testament In Witness where of I the said Charles McCau= =ley do here unto sit[sic] my hand and affixed[sic] my seal this Sixteenth day of December In the Year of Our Lord One thousand eight hundred and thirty six Signed & sealed Charles McCauley (Seal) in presence of Charles King Henry McColum John Cheek [Will Book Volume E, page 406] Orange County Febry Term 1837 ~~~ The Execution of the foregoing Last Will and Testament of David Strain deced was duly proved in Open Court by the Oath of N J King one of the Subscribing Witnesses thereto and ordered to be recorded At the Same time ~~~ appeared in Open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 404-406 Recorded Feb 1837 Estate Papers comprise 34 pages and are found in a folder labeled "McCauley, Charles (1838)". Division of Land lists heirs at law. Slaves are listed in hiring accounts. [Estate Papers - Inventory 12 Feb 1837] Inventory of the perishable property of Charles McCauley Decd. 9 Negroes 5 head of Horse 15 head of Cattle 15 head of sheep [sundry articles omitted] The foregoing Contains a true statements[sic] of the property of Charles McCauley Decd. Inventoried 12th day of Feb. 1837 [Estate Papers - Division of Land May 1837] State of North Carolina Orange County To the Worshipful, the Justices of the Court of Pleas and Quarter Sessions for said County Pursuant to an order made at March Term 1837 of he Court of Pleas and Quarter Sessions for the County aforesaid On the petition of Mary McCauley widow of Charles McCauley dec'd. & William McCauley James McCauley Johnston McCauley Archibald Mc Cauley & Henry McCauley Chldren of Charles McCauley decd. for partition in & of Lands of which the Said Charles McCauley decd Seized & possessed the undersized having been appointed commissioners to divide and ap= =portion the said Lands amongst the said petitioners, children and heirs at Law... [lot divisions, metes and bounds, etc omitted] [Estate Papers - Estate Sale 26 Sep 1839] Sept 26th 1839 To the amt of the sale of the boy Jacob on a credit of six months pursuant to an order of Court at the price of $715. to Elizabeth McCauley being the last and highest bidder $716.00 Matthew McCauley Extr An account of the hire of the Negroes belonging to the Estate of Charles McCauley Decd. The Year 1838 Stephen hired for $70.30 Nancy " " 30.00 Charlotte " " 35.25 Easter & Child " 28.55 The Year 1839 Stephen hired for 61.00 Easter & Child " 24.75 Charlotte " 29.00 Nancey " 12.00 The Year 1840 Stephen hired for 90.50 Nancey " " 18.50 Easter & Child " 23.00 Charlotte " " 17.00 The Year 1841 Stephen hired for 60.00 Ester & Child " 30.00 Charlotte " 20.00 Nancey " 13.00 The Year 1842 Stephen hired for 33.00 Charlotte 20.00 Easter & Child 30.00 Nancey 10.00 The Year 1843 Stephen hired for 50.00 Nancy 21.00 Charlotte 34.50 Easter & Child 45.00 ________ $826.35