Orange County NcArchives Wills.....McCluer, Henry December 28, 1804 ************************************************ 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 156-158 Written: December 28, 1804 Recorded: Aug 1805 Testator: Henry McCluer In the Name of God Amen I Henry McCluer of Orange County and State of North Carolina Being Vary Sick and weake in Body but of a Sound Mind memory and Understanding and Considering the uncertainty of this transatory life do make Publish and Declair this my last Will and Testament in manner and form follow ing to wit first of all I gave[sic] and Recommend my Soul unto the hands of God that gave it and my Body I Recommend to the Earth to be Buried in a Decent manner at the Discretion of my Exe uctors, Mary McCluer and James McCluer and tuching Such worldly Estate as the lord Hath given me I gave and Dispose of in men nor and form following to wit first of all my will and Desire is that all my Just Debts should be paid and satisfied, Item I gave and bequeath to my be loveed wife Mary McCluer all my Lands and the half of the gris[t] mill and my Negroe fellow Dick hur life time or Dureing her widowhood and all the Stock of Every King [kind] hur life time, to my beloved son James I will and be queath one hundred and fifty Acres of land and the half of the gris[t] mill and all the saw Mill, to my be loved son John [page 2] 2 I will and bequeath one hundred and Eighty acres land and what land he has more then the Rest is to Clear him from having any part of the saw Mill, and to my son Henry I will and bequeath one hundred and fifty acres of land in Cluding the plantation that I now live on and one half of the of the[sic] grist Mill and a black yearling Coalt and my Negroe fellow Dick after his Mother's Death to my beloved Daughtor Elisebeth I will and be queath fifty acres of land, and to my bloved Daughtor Susannah I will and and[sic] be queaht[sic] fifty Acres of land, and to my beloved Daughtor Sarah I will and bequeath five Shillings, and fif ty Acres lof[sic] land to hur Daughtor Elisebeth and if she Chuses the improvement that she now lives on she had no Creture, and to my Daugh tor Mary[May?] I will and bequeath fifty Acres of land, and to my Daughtor Marget I will and bequeath fifty Acres of land and to my Daughtor Ann I will will[sic] and bequeath fifty acres of land and two Cows and a hors Cretiore such as the othor garls got and a good bed and Bed Cloaths and Saddle and to my Be loved Daugh ter E D[Edey?] I will and bequeath fifty acres of land and two Cows and Cretiore and saddle [page 3] Sutch as the Rest of the garls got and a good bed and Bed Cloaths, Susannah is to have two Cows, and as for the stock of Every kind and house hold ferniture and the Crop that is in the ground is all to be at my wife's Doposal[sic], and James is to have some Cleoord[cleared] land wheare his mother Pleases to let him have it till Henry is of age, and the money that Comes for the flour is to goe to pay up Kimmins and the Remaindor of the land aftor Every one gits their part is to be sold to pay Kim mins, and if James and John Can not agree to Devidin their land they are to leave it to two men, and if the land and flour does not pay up the Debts that Mother James John and Henry is to Pay an E qual part till it is paid of[f], James and John is to have the Old place and the gairles is to have Hayses place as far as it goes and have nadminastation[sic] on my will and this is my last will and Testament made this twenty Eighth day of Decem ber in the year one thousand Eight Hundred and four as witness my hand [page 4] and seal tha[sic] day and year a bove writ[ten] Signed seal and pronounced in the presents of us Henry McC[luer] test William Hatchett John McCulloch Elizabeth McCulloch NB I will and Bequeath to my beloved son William five shillings Exrs qualifed This will was caveated and tryed at Augt 1805 See minutes of that Term for Verdict &c [Will Book Volume D, page 156] In the Name of God Amen I Henry McCluer of Orange County and State of North Carolina being very Sick and weak in body but of a sound mind memory & understanding and Considering the uncertainty of this transitory life do make publish and declare this my last Will and Testament in manner and form following (to Wit) first of all I gave[sic] and recommend my Soul unto the hands of God that gave it & my body I recommend to the earth to be buried in a decent Manner at the discretion of my exeuctors Mary McCluer and James McCluer And touching Such worldly estate as the Lord hath given me I give and dispose of in manner & form following (to Wit) First of all my Will & Desire is that all my Just Debts should be paid & satisfied ~~ Item, I give and bequeath to my beloved Wife Mary McCluer all my Lands and the half of the griss[t] mill and my negroe fellow Dick her life time or During her widowhood and all the Stock of every Kind her life time ~~~ To my beloved Son James I Will and bequeath one Hundred and fifty Acres of Land and the Half of the griss[t] Mill & all the saw mill to my beloved son John ~~~~~~ I Will & bequeath one Hundred and eigh ty acres Land & what land he has more than the rest is to clear him from having any part of the saw Mill ~~ And to my Son Henry I Will & bequeath one Hundred and fifty [acres] of Land including the plantation that I now live on and one half of the of grist Mill and a black yearling Colt and my negroe fellow Dick after his Mother's Death To my beloved Daugh ter Elizabeth I Will and bequeath fifty acres of Land ~~~~ And to my beloved Daughter Susannah I Will and bequeath fifty Acres of Land ~~~~ And to my beloved Daughter Sarah I Will & bequeath five Shillings & fifty Acres of Land [Will Book Volume D, page 157] to her Daughter Elizabeth & if she Choses the improvement that she now lives on she had no Creature ~~~ and to my Daughter Mary I Sill and bequeath fifty Acres of Land ~~~~ and to my Daugh- ter Margret I Will and bequeath fifty Acres of Land ~~ and to my Daughter Ann I Will and bequeath fifty Acres of Land And two Cows and a Horse Creature such as the othor girls got, and a good bed and bed Clothes & Saddle ~~~ And to my beloved Daughter E D[Edey?] I Will & bequeath fifty acres of Land and two Cows and Creature & Saddle Such as the rest of the girls got and a good bed & bed Clothes ~~~ Susanna is to have two cows and as for the stock of every kind and Household furniture and the Crop that is in the ground is all to be at my Wifes disposal [and James] is to have some cleared land where his mo- ther ["lives" x-out] pleases to let him have it till Henry is of age ~~~ & the money that Comes for the flour is to go to pay up Kim mins and the remainder of the Land after every one gets their part is to be sold to pay Kimmins, and if James & John Cannot agree in dividing their land they are to leave it to two men and if the Land and flour does not pay up the debts that Mother James John & Henry is to pay an equal part till it is paid off ~~~ James & John is to have the old place and the girls is to have Hayses place as far as it goes and have nadminastation[sic] on my Will & that this is my last Will and Testament made this twen ty eighth day of December in the year one thousand eight hundred and four as Witness my hand and seal the day and year above written Signed seal & pronounced in the presence of us Henry McCluer (seal) Test William Hatchett John McCullock [Will Book Volume D, page 158] Elizabeth McCulloch NB I Will and bequeath to my beloved son William five shillings ~~~~~ Orange County Augst Term 1805 The Execution of the foregoing last Will and Testament of Henry McCluer was duly proved in open Court by the Oaths of the subscribers thereto and ordered to be Recorded Additional Comments: Will Book Volume D, pages 156-158 Recorded Aug 1805 No estate papers found.