Orange County NcArchives Wills.....McDaniel, John November 16, 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 62-64 Written: November 16, 1823 Recorded: Aug 1824 Testator: John McDaniel In the name of God, Amen -- I John McDaniel of the County of Orange State of Northcarolina. Being Weak in Body But of Sound mind and memory Do make and publish this my Last Will and testament in man[n]er and form following, that is to Say First I give and bequeath unto my Son Eli the Land whearon he now lives begin[n]ing at the hickary a corner of the Land Sd. Eli purchased of Almond Hall run[n]ing the line of that Deed twenty Rods from thence run[n]ing a Stra[ight] line So as to Include his Spring thence Down Said Spring Branch to Vernals Creek thence Due East till it Strikes Preyers line thence with Preyers and Hunters lines untill it Interse[c]ts his own lands thence along Said line to the first Station, Secondly I give and Bequeath to my son John the plantation [erasure] Whare on I now live, thirdly I give and Bequeath to my Son Alexander the Land formerly acupied By him Lying on Hermo= ns grate road, fourthly I Do give and Bequeath to my Son James the plantation Whereon he now lives containing 87 acres lying on hawriver -- and Further it is my Will and Desire that the foregoing Lands may Be understood to Be conveyed with the following Incumber- ance that is to Say that my Dearly Beloved Wife Margaret Shall remain in the quiet and peaceble[sic] possession of the house where in She now lives, and that from the profits of Said Lands She shall receive for herself and two Daughters (Viz) Eeleanor and Elisabeth a Comfortable Sup[p]ort for hir Self During her natural life, and [page 2] for them So long as they may live Single, and that this Support Shall Be Drawn in Equal proportions from the legitees[sic] holding Said lands anualy, and I Do give to my Wife Margaret one Sor[r]el horse and two Milch cows of hir own Choice, and four head choice sheep with all my home hogs, all my house hold ferniture Except Such parts as are nam[e]d to my Daughters Eleneanor & Elisabeth - I Do give to my Daughter Margaret all that property which I Delivered to her when she left me -- and two head of cattle -- I Do give and bequeath to my Daughter Elenor one Black filly and two cows - I Do give and bequeath to my Daughter Elisabeth one Sorrel mare and two cows -- I Do give to my Son John one Still -- and I Do give to my ["Son" x-out] Daughter Jean one Dollar, I Do give to my Daughter Susanah one Dollar -- and I Do further Will that if my Son John will pay the amount Which I am Bound for for a parcel of Land which I puches't[purchased] from Almon Hall, in Co with Son Eli Said land Shall Be his right and proper ty, but, if he Should fail, that the preferance[sic] should be next given to my Son Eli, or that they may jointly pay for it and Devide it betwe[e]n them, or if they Should Both fail that the preferance Should Be next given to my son James and that this Land shall Be cleared of any of the above Incumberances[sic], or that they may Jointly take Said land and pay for it and Divide it amongst them -- and I Do further Will and Devise that my Legetees[sic] to whom I have given my landed Estate [page 3] Shall Be held responsible for all my Just Debts and I Do give and bequeath to my three Sons (Viz) Eli James and John one hundred acres of Land lying on Chub[?] Branch -- and I Do further Will that a certain note of hand Which I hold on Son Eli shall Be collected with out Intrest[sic], and that a part of the same shall Be aplyed By him, to the purc[h]aseing of a Saddle for my Daughter Elisabeth and the balan =ce to be aplyed to the payment of my Just Debts I also Will to my Son John at my wife Decease one fameleys Bible -- And I do hereby ap[p]oint my Sons Eli and James Executers[sic] to this my Last Will and testament hereby revoaking all ather[sic] wills By me made In Witness Whareof I Do hereunto set my hand, and have affixed my Seal this 16th Day of November 1823 -- In presence of John McDaniel (seal) Test John Stockard Jurat Richard Thompson Exrs qualifd [Will Book Volume E, page 62] In the name of God, Amen! I John McDaniel of the Coun= ty of Orange State of North Carolina, being weak in body but of Sound mind & memory, do make & publish this my last Will & Testa= ment in manner & form following, that is to Say - First I give & bequeath unto my Son Eli the Land whereon he now lives beginining[sic] at the Hickary a corner of the land Said Eli purchased of Almond Hall running the line of that deed twenty rods from thence running a straight line so as to include his Spring, thence down said Spring's Branch to Vernel's Creek thence Due East until it Strikes Preyer's line, thence with Preyers & Hunter's lines until it intersects his own lands thence along Said line to the first Station - Secondly I give & bequeath to my son John the plantation whereon I now live -- Thirdly I give & bequeath to my Son Ale= =xander the Land formerly occupied by him lying on Hermon's Great Road - Fourthly I do give & bequeath to my Son James, the plantation whereon he now lives Containing 87 acres lying on Haw River And further it is my Will & desire that the foregoing lands may be understood to be conveyed with the following incum= berance, that is to say that my dearly beloved wife [Will Book Volume E, page 63] Margarett shall remain in the quiet & peacable[sic] possession of the house where in She now lives & that from the profits of said land[s] she shall receive for herself & two daughters, Viz, Elenor & Elizabeth a comfortable sup =port for herself during her natural life & for them so long as they may live single & that this support shall be drawn in equal proportions from the Legatees holding said land[s] annually; & I do give to my wife Margaret one sorrel horse & two milch cows of her own choice & four head choice sheep with all my home-hogs, all my house hold furniture, except such parts as are named to my daughters Elenor & Elizabeth I do give to my Daughter Margarett all that property which I delivered to her when she left me & two head of Cattle -- I do give & bequeath to my Daughter Elenor one Black filly & two cows - I do give & bequeath to my daughter ?] Bran one sorrill mare & two Cows -- I do give to my Son John one still -- & I do give to my daughter Jean one Dollar, I do give to my dau= =ghter Susanah one Dollar -- And I do further Will, that if my son John will pay the amount, which I am nound for, for a parcel of Land which I purchased from Almond Hall in Co with Son Eli said Land shall Be his right & property, but if he should fail, that the preference should be next given to my son Eli, or that they may jointly pay for it & divide it between them, or if they both should fail that the preference should be next given to my son James & that this Land shall be clear[ed] of any of the above incumberances, or that they may jointly take said Land & pay for it & divide it amongst them -- And I do further will & devise that my Legatees to whom I have given my landed Estate shall Be held responsible for all my just debts & I do give & bequeath to my three sons Viz, Eli, James & John one hundred acres of Land lying on Club[orig: Chub] Branch, & I do further will that a certain note of hand Which I hold on son Eli, shall Be collected without Interest & that a part of the same shall Be applied by him to the purchasing of a saddle for my daughter Eli= =zabeth and the balance to be applied to the payment of my just debts - I also will to my son John at my wife's decease one family Bible And I do hereby appoint my Sons Eli & James Executors to this my last Will & Testament hereby revoking all other wills by me made In Witness whereof I do hereunto set my hand & [have affixed my] Seal this 16th day of November 1823 In presence of John McDaniel (seal) Test John Stockard Richard Thompson Orange County August Term 1824 The Execution of the foregoing last Will & testament of John McDaniel was duly proved in open Court by the oath of John Stockard [Will Book Volume E, page 64] a subscribing Witness thereto & ordered to be recorded - At the same time the Executors named therein qualified accord dingly Test Additional Comments: Will Book Volume E, pages 62-64 Recorded Aug 1824 Estate Papers comprise 22 pages and are found in a folder labeled "McDaniel, John (1824)". No family history found. There is a second folder "McDaniel, John (1828)", with Administrator named Samuel Coble, appointed 28 Nov 1828 that refers to a different estate, of a John McDaniel who died intestate in 1828.