Orange County NcArchives Wills.....McCulloch, Joseph April 21, 1814 ************************************************ 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 503-505 Written: April 21, 1814 Recorded: Feb 1817 Testator: Joseph McCulloch In the Name of God Amen -- I Joseph McCulloch, of the County of Orange and State of North Carolina -- being weak -- in Body -- but of Sound & perfect mind and Memory ( Blessed be God) and Calling to mind the Mortality of the Body -- and that it is Alloted for all to Die -- First of all I give my Soul to God who gave it -- my Body I commit to the Earth to be Buried in Christian like form At the Discretion of my Executors -- and as to what worldly Estate it has pleased God to Endow me with -- I give & Bequeath in Manner and form as Follows, Viz ---- Item -- I give and Bequeath to my Son John McCulloch all that part of my Tract of Land whereon he now lives lying on the South side of Toms Creek and a New line - which new line Begins at a marked poplar in the Old line near the Corner of Thos. McCullochs Field running thence a Direct Course to a Sycamore Tree near the Ford of Toms Creek Opposite end of the lane -- and down the Creek to the Original line - then with the Old line, now Bounded for Edmonston and so round Along the old lines of Said Tract to the Beginning Containing by Estimation One hundred and sixty five acres -- be the same more or less, to him and his heir Execrs -- and Assigns for Ever (After my Decease) ----- Item -- I give and Bequeath to my son George McCulloch the remainder of my Tract of Land whereon I now live Bounded by the New line Above Mentioned Toms Creek and the Other lines of said Tract running North and Easterly round to the Aforesaid poplar Containing by Estimation two hundred and sixteen acres (be the same more or less) to him his heirs, Exrs and Assigns for ever, after my Decease ----- nevertheless Reserving to my two sons William and John An Equal part with George in the Mill=Stone Quarry of making Mill=stones as long as they see cause to work -- but not to have Liberty to convey this right of reserve ------ [page 2] Item -- I Give and Bequeath to my Son Joseph McCulloch The Tract of Land whereon he now lives - which Tract I purchased of John Tate -- lying on Both sides of Watson Creek Containing by Estimation two hundred & sixty one Acres of Land -- to him his heirs Exers and Assigns for ever After my Decease ---------- Item, I Give and Bequeath to my son William McCulloch Two Hundred Dollars, To be paid to him By my Exrs. After my Decease Item -- I give and Bequeath to my Daughter Mary Johnston my Negroe Girle Named Jenny After my Decease Also fifty Dollars to be paid Out of my Estate by my Executors ~~~~ Item - I give and Bequeath to my Daughter Jean Loyd ~~ my Negro Girle named Lucy -- After my Decease ------ also fifty Dollars to be paid out of my Estate by my Executors -- Item -- I give and Bequeath to my Daughter Deborah Walker my Negroe Boy Named Peet?/Put?/Pat?, After my Decease ------- Item I give and Bequeath to my Daughter Elizabeth ---- my Negro Girle Named Emy -- after my Decease ---- also fifty Dollars to be paid out of my Estate by my Executors -- Item, I also give to my son Joseph my Negroe girle Named Frank and to my son George Negroe wench Named Suck and her Youngest Child Named Jam --------- And Lastly after my Just Debts are Satisfied, All the rest and remainder of my Estate to be Equally Divided Among my be= =fore Nam'd Children -- &c &c &c ------------ And I do hereby Nominate and Appoint my Son George McCulloch -- and my son in law William Walker, Executors of this my last Will, and Testament -- -- -- -- -- -- -- And do hereby revoke ["and" x-out] all former will or Wills by me made And ------------ [page 3] And Declare this Only to be my last Will & Testament In Witness whereof I the said Joseph McCullock, have hereunto set my hand, and Affixed my seal this twenty first day of April in the year of our Lord One Thousand Eight hundred and fourteen ----------- Sign'd seal'd publishe'd and Declared by the said Joseph McCulloch as his last Will & Testament ---- ---- his In the presence of us who have sub'd our } Joseph (X) McCulloch Names, as Witnesses thereunto in the } mark presence and at the request of the said } Testator ----- Robt L. Mitchell Thos. McCulloch Saml. Edmiston Andrew McCulloch [Will Book Volume D, page 503] In the Name of God Amen, I Joseph McCulloch, of the County of Orange and State of North Carolina being weak in body but of sound and perfect mind and memory blessed be God, and calling to mind the mortality of the body, And that it is allotted for all to die First of all I give my soul to God who gave it ~~ my body I commit to the earth to be buried in christian like form at the discretion of my Executors ~~ And as to what Worldly Estate it has pleased God to endow me with ~~ I give and bequeath in manner & form as follows, Viz ======= Item. I give and bequeath to my Son John McCulloch all that part of my tract of Land whereon he now lives [lying] on the south side of Toms Creek and a new line ~ which new line begins at a marked poplar in the Old line near the corner of Thomas McCullochs field, running thence a direct course to a Sycamore tree near the ford of Toms Creek, opposite end of the lane and down the Creek to the Original line ~ then with the Old line, now bounded for Edmonston and so round Along the old lines of said Tract to the beginning containing by estimation one hundred and sixty five acres be the same more or less, to him and his heir Excrs. and assigns forever (after my decease) ~~~~~~ Item, I give and bequeath to my son George McCulloch the remainder of my Tract of Land whereon I now live bounded by the new line above mentioned Toms Creek and the other lines of said Tract, running North and eastwardly round to the afore =said Poplar containing by estimation two hundred & sixteen acres (be the same more or less) to him his heirs, Exrs. and assigns forever after my decease ~~~~~~ Nevertheless reserving to my two sons William and John an equal part with George in the Mill =stone quarry of making Mill-stones as long as they see cause to work, but not to have Liberty to convey this right of reserve ~~~~~ Item. I give and bequeath to my Son Joseph McCulloch The Tract of Land whereon he now lives ~~ which Tract I purchased of John Tate lying on both sides of Watson Creek containing by estimation two hundred and sixty one acres of land, to him his heirs Exrs. and assigns forever after my decease ~~~~ [Will Book Volume D, page 504] Item. I give and bequeath to my son William McCulloch two hundred dollars to be paid to him by my Executors after my decease ~~~~ Item, I give and bequeath to my daughter Mary Johnston my Negro girl Named Jinny after my decease also fifty dollars to be paid out of my Estate, by my Executors ~~~~~~~~~~~ Item. I give and bequeath to my daughter Jean Loyd my negro girl named Lucy after my decease, ~~ Also fifty dollars to be paid out of my Estate by my Executors ~~~ Item I give and bequeath to my daughter Deborah Walker my negro boy named Peet?/Put?/Pat?, after my decease ~~~~ Item I give and bequeath to my daughter Elizabeth my negro girle named Emy after my decease ~~ also fifty dollars to be paid out of my Estate by my Executors ~~~~ Item. I also give to my son Joseph my negro girl named Frank and to my Son George negro wench named Suck and her youngest Child named Jain ~~~~~~ And Lastly after my Just debts are Satisfied, all the rest and remainder of my Estate to be equally divided among my before named children &c &c &c And I do hereby nominate and appoint my son George McCulloch and my son-in-law William Walker Executors of this my last Will and Testament ~~~~~~~ And I do hereby revoke all former Will or Wills by me made, and do declare this only to be my last Will and Testament ~~~ In Witness whereof I the said Joseph McCulloch have hereunto set my hand and affixed my seal this twenty first day of April, in the year of our Lord One Thousand eight hundred and fourteen Signed Sealed & declared by the said } Joseph McCulloch as his last Will } his and Testament, in the presence of } Joseph (X) McCulloch us who have subscribed our names } mark as witnesses thereunto in the presence } and at the request of the sd. Testator } Robt L. Mitchell Thomas McCulloch Saml. Edmiston Andrew McCulloch [Will Book Volume D, page 505] Orange County February Term 1817 [entry ends here] Additional Comments: Will Book Volume D, pages 503-505 Recorded Feb 1817 Estate Papers comprise 15 pages and are found in a folder labeled "McCulloch, Joseph (1816)". Mary married Thomas Johnson, Jean/Jane Thomas Loyd, both of whom died before a petition to settle the estate was made in Nov 1817.