Orange County NcArchives Wills.....McCulloch, Andrew Sr February 19, 1831 ************************************************ 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 345-347 Written: February 19, 1831 Recorded: May 1835 Testator: Andrew McCulloch, Sr Copy In the name of god. Amen I Andrew McCulloch Senr of the County of Orange and State of North Carolina being Weak in body but of Sound & perfect mind and Memory blessed be god, do this Nineteenth day of February in the year of our Lord One thousand eight hundred and thirty One. Make and publish this my last Will and Testament in Manner following that is to Say.---- ---- ---- First that all my Just debts be paid ----- Secondly I give and bequeath to my esteemed friend James Kerr of the County of Caswell my old Negro woman Grace and one Milch Cow for the use of the said Negro woman Grace during her natural life and that She have all her own household furniture and it is also my Will and Wish that my friend James Kerr aforesaid Should have built on some part of my plantation on which I now live a comfortable house for the said Negro woman Grace to live in if I should have have such a house built in my life time where I wish her to live during her life and I also give and bequeath to my friend James Kerr the Interest on two hundred dollars which [page 2] I wish my executors hereinafter named to keep out at Interest this Interest to be applied by the Said Kerr to the Support and maintainance[sic] of the said negro woman Grace during her natural life and after her death all that I have left her to be applied as hereinafter named and I also give and bequeath to my friend James aforesaid Twenty Dollars in Money which I request and desire he Should give to my Negro woman Easter in Such a way and in such articles as he may think best Suits her - Thirdly I Give and bequeath to my niece Polly Smith one hundred acres of Land to be laid off in the following manner (to Wit) to begin at William Barbees line and run from thence in north west course to the County line so as to include the house in which She lives at this time to be laid off under the direction of my executors ------------ Fourthly I give and bequeath to my Nephew Andrew Forgason now of Ireland, provided he becomes a naturalized Citizen of the United States of America; all that tract of Land in the County [of] Orange on which William Hamilton now resides Containing about two [page 3] hundred and Sixty acres and all the remaining ballance[sic] of the tract of Land on which I now reside after taking off the hundred acres herein before given to Polly Smith together with all my Stock of horses hogs and cattle except a milch cow herein before given away -- With all my farming Utencials[sic] and all other tools of every discription belonging to me ---- ----- And I also give and bequeath to my said Nephew Andrew Forgason under the provision aforesaid the following Negro Slaves,(to wit) Big or Old Sam Little Sam Luke and Jefferson Clary & Criose with all their increase ------------- I also give and bequeath to my Said Nephew Andrew Forgason as aforesaid all my bonds notes and accounts of every discription that I may have owing to me at my death or the amount thereof if Collected by my Executors --- --- --- --- --- --- and I hereby make and ordain my Two worthy friends James Kerr and James Hurdle my executors of this my last will and testament hereby revoking all other will or wills that I may have heretofore made and I further [erased] do hereby authorise my said executors to retain in thear hands such compensation as they may think [page 4] reasonable and right out of my Estate for their services in Settling Said estate In Witness whereof I the said Andrew McCulloch Senr have to this my last Will and Testament Set my hand and Seal this day and date first above ritten ---- Signed Sealed and delivered } Andrew McCulloch (seal) In presents of us --- ---- } Solomon Browning his William (X) Cantrell } mark } } Connoley Walker } Jurat Exr qualified [Will Book Volume E, page 345] In the name of God Amen I Andrew McCulloch Senr of the County of Orange and State of North Carolina being weak in body but of Sound & perfect Mind & Memory blessed be god do this nineteenth day of February in the Year of our Lord One thousand eight hundred and thirty One make and publish this my last Will and Testament in manner following that is to Say. -- First that all my Just debts be paid -- Secondly I give and bequeath to my esteemed friend James Kerr of the County of Caswell my old Negro woman Grace and one Milch Cow for the use of the said Negro woman Grace during her natural life and that She have all her own house- hold furniture and it is also my Will and Wish that my friend James Kerr aforesaid Should have built on some part of my plantation on which I now live a comfortable house for the said Negro woman Grace to live in if I should have have Such a house built in my life time where I wish her to live during her life and I also give and bequeath to my friend James Kerr the Interest on two hundred Dollars which I ["which" x-out] wish my executors hereinafter named to keep out at Interest this Interest to be applied by the Said Kerr to the Support and maintainance[sic] of the said negro woman Grace during her natural life and after her death all that I have left her to be applied as hereinafter named and I also give and bequeath to my friend James aforesaid Twenty Dollars in money which I [Will Book Volume E, page 346] request and desire he should give to my Negro woman Easter in Such a way and in Such Articles as he may think best Suits her Thirdly I Give and bequeath to my niece Polly Smith one hundred Acres of Land to be laid off in the following manner (to Wit) to begin at William Barbees line and run [x-out] from thence in north west course to the County line so as to include the house in which She lives at this time to be laid off under the direction of my executors Fourthly I give and bequeath to my Nephew Andrew Forgason now of Ireland, provided he becomes a naturalized Citizen of the United States of America all that tract of Land in the County [of] Orange on which William Hamilton now resides Containing about two Hundred and Sixty Acres and all the remaining ballance[sic] of the tract of Land [on which] I now reside after taking off the Hundred acres herein before given to Polly Smith together with all my Stock of Horses hogs and Cattle except a Milch Cow herein before given away with all my family [orig: farming] Utensials[sic] and all other tools of every description belonging to me And I also give and bequeath to my said Nephew Andrew Forgason under the provision aforesaid the following Negro Slaves,(to wit) Big or Old Sam, Little Sam Luke and Jefferson Clary & Crease [orig: Criose] with all their increase - I also give and bequeath to my Said Nephew Andrew Forgason as aforesaid all my bonds notes and Accounts of every description that I may have owing to me at my death or the amount thereof if Collected by my Executors and I hereby make and ordain my Two Worthy friends James Kerr and James Hurdle my Executors of this my last will and testament hereby revokeing all other will or wills that I may have heretofore made and I further do hereby authorise my Said Executors to retain in there[sic] hands Such compensation as they may think reasonable and right out of my estate for their Services in Settling Said estate In Witness whereof I the said Andrew McCulloch Senr have to this my last Will and Testament Set my hand and Seal this day and date first above written ---- Signed Sealed and delivered In presence of us Andrew McCulloch (seal) Solomon Browning William Cantrell Connoly Walker [Will Book Volume E, page 347] Orange County May Term 1833 The Execution of the foregoing Las Will & Testament of Andrew McCulloch Senr Decd. was duly proved in open Court by the Oaths of William Cantrell & Connolley the subscribing witnesses thereto and ordered to be Recorded At the Same time James Kerr and James Hurdle the Executors therein named appear in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 345-347 Recorded May 1835 Although the loose will states on the first page that it is a "copy", it has distinct signatures and appears to be the only copy among the loose wills. Estate Papers comprise 35 pages and are found in a folder labeled "McCulloch, Andrew, Sr. (1835)". Testator died Dec 1834. [Estate Papers - Estate Sale 13 Jun 1835] An account of the Sale of the property of Andrew McCollock Senr deceased which was sold by the Executors on the 12th and 13th days of June 1835 by order of the Court of Pleas and Quarter Sessions for the County of Orange --- --- --- --- --- --- --- 1 Negro boy Sam hired to Framon Leath } untill 25th December next --- --- --- } 16.30 1 Boy Luke hired for some time Framon Leath 9.15 1 Girl Crease for some time Framon Leath 13.15 the woman Clary & her two children offered } boy Jefferson offered also no bidder all put out } [Estate Papers - Court Return 20 Feb 1836] An additional return to Court of the estate of Andrew McCullock Senr deceased To Wit the Hire of the negroes belonging to the Said Estate from the 25th December last (on which day they were offered ) untill the 4th Monday in February 1837 Boy Sam to Andrew Furguson for the Sum of $42.00 Girl Creace to B. Hurdle " --- " -- " 25.20 Boy Luke to A Furguson " " " 26.00 Boy Jeffery to Dicky Hurdle " " " 1.10 ____________ $94.30 the woman Clary and her two children offered by no bidding put out for there victuals & cloths ---- given under our hands this 20th February 1839 James Hurdle } } Executors Jas Kerr } [Estate Papers - Naturalization of Andrew Furguson 17 Mar 1837] State of North Carolina At a Court of Pleas & Quarter Sessions began & held for Orange County at the Court House in Hillsborough on 4th Monday in February 1835 Andrew Furguson a Subject of the King of Great Brittain comes unto Court & Signifies his wish & intention of becoming a Citizen of the United Stained it is Ordered that the Same be entered of record & Signed Andrew Furguson Orange County February Term 1837 Andrew Furguson who at February Term 1835 of this Court signified his intention to become of[sic] Citizen of the United State & to renounced his Allegiance to the King of Great Brittian appears in open Court & proves by the Oath of Thomas Graham, Hugh Ecton & Andrew McCauley that he had Constantly resided in the United States for the term of five years last past during which time he hath behaved as a man of good moral Character & attached to the principles of the Constitution of the United States & well dis posed to the principles of the same - and the said Andrew Furguson doth on Oath renounce his allegiance to the King of Great Brittian & doth take the Oaths prescribed by Law to become a Citizen of the United State whereupon the said Court doth assign the said Andrew Furguson to be a Citizen of the United States Copy from the record - Witness [page 2] John Taylor Clerk of said Court 17th day March AD 1837 J Taylor CC [Estate Papers - Answer to Bill of Complaint 17 Mar 1837] Orange County } In Equity The joint answer of James Kerr and James Hurdle Executors of the last Will & Testament of Andrew McCullock[sic] decd. to the Bill of Complaint of Andrew Ferguson against them - These defendants reserving themselves &c For Answer to said Bill or so much thereof as they are advise is material & necessary for them to make answer unto - answer and say -that they admit that Andrew McCullock the testator, departed this life, and his last Will & testament in writing was duly proved in the proper Court my these defendant as Executors thereof, at the times stated in the Bill - Further answering these defendants say, that they took into their possession , all the personal estate of their testator, of which they had any knowledge, and have paid off his debts and are now ready to deliver & pay over the residue according to Law to whomsoever this Honorable Court shall decree & direct. These defendants also admit that at February term 1835 when the will aforesaid was proved, The Plaintiff being [page 2] then an alien, signified in open Court his intention to become a citizen of the United States & to renounce his allegiance to his former sovereign - and that at February Term of the Court aforesaid, he took the oath prescribed by Law or naturalization. These defendants further refer to the copy of the will appended to the Bill for its true contents - They further say that doubts being entertained whether they were justified in paying over the Legacy aforesaid to the said Andrew Forgason, on his becoming ["a" x-out] naturalized (he being a foreigner at the testators death) they were unwilling to make any disposition for the Legacies without the advice and direction of this Court. For the amount of said estate & the manner of administering the same, these defendants refer to their account current hereunto appended, which they pray may be taken as a part of this their answer. They further state that in obedience to the direction of the said Will, they have caused a house to be built for the negro woman Grace named in the will, on the land of the testator, where she now lives, and they pray of the court to decree particularly as to how she shall be supported &c. [page 3] Whether the Plaintiff be entitled to the residue now in the bonds of these defendants they submit entirely to this Honorable Court, ["they" erased] ["have" erased] not included in their account current with the estate the negro slaves which they have ready to deliver as this Court shall direct - And denying all fraud and improper conduct they pray hence to be dismissed with their costs - Will & Graham Sol. Orange - Towit } James Kerr & James Hurdle severally make out that all the matters of fact stated in the foregoing ["Bill" x-out] Answer of their own knowledge are true & those not of their own knowledge they believe to be true Sworn & subscribed before James Hurdle us this 17th March 1837 Geo W Bruce Clk Jas. Kerr [Estate Papers - Judgment Mar 1837] State of North Carolina } In Equity Orange County } March Term 1837 Furguson vs McCullock's exrs This case coming on to be head upon the bill answer and exhibits filed, the order setting the cause down or hearing, and assignment of counsel being heard upon both sides, and the whole matter having been consi- dered by the Court: It is declared by the Court that ["a" x-out] Andrews Furguson the complainant hath become a naturalized Citizen of the United States of America according to the provision made by the laws thereof relating to the natual- ization of foreigners: and that said Furguson is intitled to the legacy bequeathed to him, by Andrew McCullock the testator of the defendants: It is further declared by the Court that the whole amoung of money on hand at the testa- tor's death, bonds & debts due to him, and amount of sales made by the defendants his executors, and interest thereon is the Sum of $2070:72 that of this sum they have already paid to the complainant $538:25, that they have paid also for debts & charges in the course of admin- istration of the estate the sum of $190:32, that they have a right to retain for their commissions the sum of $108:50 [start of large x-out] and that the balance in their hands sub- ject to the complainants recovery is the sum of $[end of x-out] It is also declared by the court that they have the further right to retain during the life of negro Grace [page 2] mentioned in the will of their testator the further sum of $200, and to apply the interest of that sum annually to her support: all of which sum deducted from the said sum of leaves in the hand of the ["adm" x-out] defendants the sum of $1114:65 ~~ to which the complaint is presently in- titled under the will of the said McCullock. It is therefore orded adjudged and decreed by the Court that the defendants, James Kerr and James Hurdle exrs of Andrew McCullock decd pay to the complain- ant Andrew Furguson the sum of $1444:65~~ on or before the 15th of April next - And that that[they] pay to him the further sum of $200 at the death of the old negro woman Grace * * It is further decreed by the court that the defendants pay the costs of this suit out of the funds of their testators now in their hand and also retain the sum of $20 for their own attorney's fee in this case It is further adjudged and decreed by the court that execution may issue for the first named aboe sum of $1114:65~~ after deducting therefrom the costs of this suit and the defendants attorney's fee from and after the 15th Apl next - and for the said $200, from and after ten days from the death of the old woman Grace. * * It is further adjudged & decreed by the court that the complainant is entitled under the said will to all the negroes belonging to the estate & other personal property remaining in Specie - & that the defendants deli= ver over the same to him forthwith.