Orange County NcArchives Wills.....McCauley, John January 1, 1823 ************************************************ 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 53-54 Written: January 1, 1823 Recorded: Feb 1824 Testator: John McCauley In the name of God Amen I John McCauley of the County of Orange and State of No.Carolina being of Sound mind and memory (blessed be God) do this First day of Jany in the year of our Lord one thousand Eight hundread and twenty three; make and publish this as my last will and testament in maner and form as Follows Imprimis and first of all; I give and bequeath my soul to Almighty God; My body to the earth From whence it came to be burried in a Christian like maner at the discretion of my executor hereafter mentioned. Item I give and bequeath to my dearly beloved wife Mary R. McCauley my Two plantations on Owens Creek; adj= =oining the lands of Finly and others Containing Five hundread and thirty Five acres and known by the names of the Brown and Murry tracts; Also I give and bequeath to my wife Mary the ballance of my land on Deven's Creek adjoining the lands of King and others), supposed to contain Six hundread and twenty Five acres and known by the names of the Caty McVain and Standifords old field tract; with this exception that Mrs Filch may and shall have liberty to live on the place whereon he[sic] now lives, un= =molested and Free from paying rent; as long as he[sic] may think proper. I further give and bequeath to my wife Mary all my books Together with all the Estate real and personal that my Father has or may devise to me (by way of will) at his death. I also give and bequeath to my wife Mary one Gray Mare known by the name of Jinney; Together with Ten notes on Wm. Askey & Noah Mitchell for the sum of Fifty dollars Each and bearring date one year; two years; three years; Four years; Five years; Six years; Sevin years; Eight years; Nine years; and ten years after date From the First of Apl. A.D. Eighteen hundread and twenty Two; All or any part of which at her death is to be eaqually divided among my Children (if any) (if none) then and in that case; the whole shall be eaqually divided betwe[e]n Mariah and Martha Lea daughters of Gabl. B Lea Esqr [page 2] Item I give and bequeath to my Sister Mary Ann Lea The Sum of Two dollars in cash ~~~~~~ Item I give and bequeath to my brother Robt. W. McCawley[sic] The Sum of Two dollars in cash ~~~~~ Item As it respects my Rifle gun; Surveyors Compass plotting instruments and chain it is my will that they be sold on a credit of six months to the highest bid[d]er For the purpose of paying my Just debts (if any) (if none) the proceeds of Said Sale Shall belong to Wm. M. Lea; this I declare to be my last Will and testement revoking all others by me made ; at the Same time appointing my trusty Friend Gabl B. Lea my Excr In testimony whareof I the said John McCauley hath this day and date above written set my hand and affixed my seal Signed sealed and acknowledged in the preasants of us -- Robert Morrow } John McCawley (seal) William Duevant? } Jurat Exr qualifd [Will Book Volume E, page 53] In the name of God Amen ! I John McCauley of the County of Orange & State of North Carolina being of sound mind & memory (blessed be God) do this first day of January in the year of our Lord one thousand Eight hundred and twenty three, make & publish this [as] my last Will & Testament in manner & form as follows ~~ Imprimis, & first of all : I give & bequeath my soul to Almighty God that gave it My body to the Earth from whence it came to be buried in a Christian like manner at the discretion of my Executors hereafter mentioned. Item I give & bequeath to my dearly beloved wife Mary R. McCauley my two plantations on Owen's Creek; adjoining the Lands of Findley & others containing five hundred & thirty five acres & known by the names of the Brown & Murry Tracts; Also I give & bequeath to my wife Mary the balance of my Land on Devin's Creek adjoining the Lands of King & others, supposed to contain Six hundred & twenty five acres & known by the names of the Caty McVain & Standifords old field Tracts; With this exception that Mrs Filch may & shall have liberty to live on the place whereon she now lives unmolested & free from paying Rent as long as he may think proper. I further give & bequeath to my wife Mary all my books, together with all the Estate real & personal that my father has or may divise to me (by way of Will) at his death. I do give & bequeath to my wife Mary one Grey mare known by the name of Jenney; together with ten notes on William Askey & Noah Mitchell for the Sum of fifty dollars each, & bearing date one year ~~ two years ~~ three years ~~ four years ~~ five years ~~ Six years ~~ Seven years ~~ Eight years ~~ Nine years and Ten years after date from the first of Apl. A.D. Eighteen hundred & twenty two; All or any part of which at her death is to be equally divided between my Children (if any) (if none) then & in that case the whole shall be equally divided between Maria & Martha Lea daughters of Gabl. B Lea esqr. ~~~ Item I give & bequeath to my sister Mary Ann Lea the Sum of Two Dollars in Cash ~~~ Item I give & bequeath to my brother Robert W. McCauley the Sum of Two dollars in Cash ~~~ Item as it respects my Rifle Gun, surveyor's Compass plotting instruments & Chain it is my will that they be sold on a Credit of six months to the highest bidder for the purpose of paying my just debts (if any) (if none) the proceeds of [said] Sale Shall belong to Wm M Lea; This I declare to be my last Will & Testament revoking all others by me made ; at the same time appointing my trusty friend Joel [Gabl] B. Lea my Executor In testimony whereof I the said John McCauley hath this day & date above written set my hand & affixed my seal Signed sealed & acknowledged in the John McCauley (seal) presence of us -- Robert Morrow [Will Book Volume E, page 54] Orange County February Term 1824 The Execution of the foregoing last Will & Testament of John McCauly was duly proved in open Court by the oath of Robt Morrow a subscribing witness thereto & order to be reco= =ded. At the same time Joel B. Lea the Executor therein named qualified accordingly Test [Will Book Volume C, page 102] Know all might by these presents that I Thomas Connally Senr. for an in consideration of the sum of fifty pound North Carolina currency to me in hand paid by John McCawley at the Healing and Delivering of the presents the receipt whereof I do hereby Ackno[w]ledge myself fully satisfied therewith have Mortgaged a certain negro man named Jack unto the said John McCawley to remain in his possession for and during the term of Two years from the date thereof and should the said Connally come and time within Two years and Make payment of the said fifty pounds without Interest unto the said McCawley his heirs & assigns then the said McCawley bind himself his heirs & Assign to deliver unto the said Thomas Connally Senr. the above mentioned negro man Jack as Connallys own right and property (Death only Excepted) and provided the money shall not be repaid unto the said McCawley until the Two years should totally Expire from the date hereof then and in that ase the said negro Jack shall remain the property of said McCawley his hers & Assigns forever and the said Connally for himself his hers ["& assigns" x-out] Executors Administrators And Assigns do promise & Agree to make any further bill of sale that said McCauley may think necessary in Order to secure the title to said Negro Jack in said McCawley his heirs & Assigns for Ever In witness whereof I have set my hand & seal this 3rd day of February 1796 ~~ Signed Sealed & delivered Thomas Connally (seal) in presence of us George Johnston Alexander Borland Orange County Augt. Term 1797 The Execution of the foregoing Bill of Sale from Thomas Connally to John McCawley was duly proved in Open Court by the Oath of Alexander Borland a subscribing witness thereto and Order to be Recorded ~~ Test Note: the grantee name matches, but it might not be the same person as this will and estate. Additional Comments: Will Book Volume E, pages 53-54 Recorded Feb 1824 Name of second witness left off of the will book version. Estate Papers comprise 17 pages and are found in folder labeled "McCauley, John (1824)" and 18 pages under the label of "McCauley, John (1833)". These may or may not apply to this estate or another John McCauley. Aurela McCauley also as Aurilia McCauley Guardian of Fletcher Freeland is James B McDade. Is this the same estate?