Orange County NcArchives Wills.....McKee, William October 5, 1822 ************************************************ 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 32-33 Written: October 5, 1822 Recorded: Feb 1823 Testator: William McKee In the name of God Amen I William McKee of the State of North Carolina and the County of Orange being weak in body Though of perfect mind & mem =ory recollecting it is appointed for all manKind Once to die, do make Constitute & Ordain this to be my last Will & Testament in the manner & form following (To Wit) 1st I lend unto my beloved Wife Polly McKee The Land & plantation where on I now live during her Natural life, I also lend unto my wife all my Negroes During her Natural life that is able to work, also the beds Household & Kitchen furniture One Riding Chair & Harness my Interest in the waggon farming utensils One Grey Mare my Stock of Cattle & Hogs, All with the exception of One Pided Heifer which I give unto my Daughter Polly McKee, 2nd I give and bequeath unto my daughter Anne Woods One Negro Girl Named Charity after my wifes Death 3rdly I give & bequeath unto my son Rankin McKee One Hundred acres of Land where he now lives as has been Run off for him. 4th I give & bequeath to my Daughter Victory Boring Twenty shillings ---- 5th I give & bequeath unto my Two Sons James & Wm McKee The Tract of land Cal[l]ed the Piney Place adjoining Walker Millers & Others to be divided equally between them 6th I give and bequeath to my Daughter Betsy Hargis Twenty Shillings 7th I give & bequeath unto my Daughter [page 2] Daughter[sic] Polly McKee One Tract of land Containing One Hundred Acres more or less adjoining Wm Bowls Also after the death of my wife Two Negro Girls named Clary & Mandy 8th I give unto my Son David McKee One negro boy nam ed Green & after the death of my Wife The land & plan tation whereon I now live Containing Two Heondred & Sixty acres more or less 9th it is further my will that Cynthia Should be at the disposal of my wife at my Death it is my wish that after the death of my Wife that Esther should remain in the family to live with which of my Children She may think proper 10th It is further my Will that David my son have one fourth part of the Crop Growing on the plantation the present Year the Ballance to my wife except the Tobacco which I wish to be take Care of & Sent To Market & the Money applyed to the payment of my Just debts, also Two Young horses if the Tobacco is not sufficient to discharge my debts I wish sold if my Tobacco will not pay my debts if not sold To the use of my family as usual 11thly And Lastly I nominate and appoint my loving wife Executrix & my son Rankin Executor to this my last Will & Testament This 5th day October 1822 Signed seald & acknowledged in the presence of William McKee (seal) Wm B Robertson & James Murdock Rankin McKee qualifd. [Will Book Volume E, page 32] In the name of God - Amen - I William McKee of the State of North Carolina & the County of Orange being weak in body though of perfect mind & memory, recollecting it is appointed for all mankind onc[e] to die, do make constitute & ordain this to be my last Will and Testament in the manner & form following (To Wit) 1st I lend [un]to my beloved Wife Polly McKee the land & plantation whereon I now live during her natural life, I also lend unto my wife all my negroes during her natural life that is able to work, also the beds household & Kitchen furniture, one riding Chair & Harness my interest in the waggon, farming utensils, one Grey mare my Stock of Cattle & hogs, all with the exception of one pided heifer, which I give unto my daughter Polly McKee. 2nd I give & bequeath unto my daughter Anne Woods one negro girl named Charity after my wife's Death - 3rdly I give & bequeath unto my son Rankin McKee One hundred acres of land, where he now lives, as has been run off for him - 4th I give & bequeath to my daughter Victory Boring twenty shillings --- 5th I give & bequeath unto my two sons James & Wm McKee the tract of land called the Piney Place adjoining Walker Millers & others to be equally divided between them -- 6th I give & bequeath to my daughter Betsey Hargis twenty shillings --- 7th I give & bequeath unto my Daughter Polly McKee One Tract of Land, containing one hundred Acres more or less adjoining Wm Bowls also after the Death of my wife Two negro girls named Clary & Mandy -- 8th I give unto my Son David McKee one negro boy named Green & after the death of my Wife the land & plantation whereon I now live Con= =taining two hundred & sixty acres more or less --- 9th it is further my Will that Cynthia should be at the disposal of my Wife, at my death it is my ["request" x-out] wish that after the death of my wife that Esther should remain in the family to live with which of the family [orig:my Children] she may think proper --- 10th It is further my Will that David my son have one fourth part of the Crop growing on the planta- tion the present year the Balance to my wife, except the Tobacco, which I wish to be take Care of & Sent to Market & the Money applied to the payment of my just Debts also Two young horses if the tobacco is not sufficient to dis- charge my debts I wish sold if my tobacco will not [Will Book Volume E, page 33] pay my debts, if not sold to the use of my family as usual 11thly And Lastly I nominate & appoint my loving wife Executrix & my son Rankin Executor to this my last Will & Testament this 5th day October 1822 Signed, sealed & acknowledged William McKee (seal) in the presence of us Wm. B. Robertson Jurat James Murdock Orange County February Term 1823 The Execution of the foregoing last will & Testament of William McKee was duly proved in open Court by the oath of Wm B. Robertson a subscribing witness thereto & ordered to be Recorded -- At the same time Rankin McKee qualified as Executor according to Law & appointment Test Additional Comments: Will Book Volume E, pages 32-33 Recorded Feb 1823 Estate Papers comprise 37 pages and are found in a folder labeled "McKee, William (1823)". Rankin McKee died in Jul 1835, before this estate was settled. Most (all?) of these papers concern Rankin's estate. Sally McKee, daughter of Rankin McKee married John Woods [Estate Papers - Petition May 1837] North Carolina } Court of Pleas & Quarter Orange County } Sessions May Term 1837 To the Worshipful Justices of sd. Court The Petition of David McKee, Nelson McKee, Mar= =garet McKee, Joseph McKee & Elizabeth Anne McKee - in= fants &c, who sue in this behalf by their guardian, Harrison Parker; John Woods & his wife Sally, William McKee, Mary KcKee and Lydia McKee, widow &c against John R. McKee, Administrator of Ran= =kin McKee decd. ~~~~ Your Petitioners humbly shew un= -to your Worships, that Rankin McKee, late of Orange aforesd., departed this life in the month of August A.D. 1835, intestate, possessed of a large personal Estate, to the amount of fifteen thousand dollars or upwards; and that the defendant, John R. McKee, of the County & State aforesd., took out Letters of Administration on said Estate at August _____ sessions of the County Court of Orange aforesd. & thereupon possessed himself of the whole of said Estate -- Your Petitioners further shew, that said Intestate left him survi= =ving your petitioner, Lydia McKee, his widow & relict; and the following children, viz: your petitioners David, Nelson, Margaret, Joseph, and Elizabeth Anne McKee; who are infants under age of 21 year, & sue in this behalf by Harrison Parker, of sd. County, who hath been regularly appointed Guardian to said infants by this Worshipful Court; -- & Your other Petitioners, Sally, who hath intermarried with John Woods; William McKee and Mary McKee and the defendant, John R. McKee, all of whom are of full age, & reside in Orange aforesaid. [page 2] Your Petitioners further shewing, allege that they are advised & believe that the said Estate in the hands of the defendant, John R. McKee Admr. as aforesd., is, by the laws of this state, distributeable equally among the widow & children of sd. Intestate - & that of rights the said Administrator should account with and pay over to Your Petitioners, nine tenths of said Estate, as their distributive shares therein -- after having discharged the debts, if any, due from & owing by sd. Estate, & paid the necessary & proper expenses incurred by his Administration thereof. -- You Petitioners al= =lege that said Estate is in a condition which well admits of a final settlement & distribution thereof among the next of kin; And that they have ["called on" x-out] requested the said Administra= =tor to render an account to them of his said Administration, and to pay & deliver to them their rightful shares in said Estate; - Which he hath refused & still refuses to do. In con= sideration whereof, Your Petitioners pray your Worships that the said Administrator be required, by an order of the Court, the render on oath an account of said Estate which came to his hands - and his Administration of the same; and that he be ["decreed" x-out] caused to pay over to Your Petitioners their distributive shares thereof, as of rights & according to Law he should do: To Which end, May it please Your Worships to cause the said Administrator to appear before this Court, & answer this petition, & abide by & per= form Whatever Judgment & decree in the premises Your Worships may deem fit to [page 3] make, and the Equity of Your Petitioners Claim may require & the law approve according to the practice & usage of this Wor= shipful Court: And Your Petitioners will ever pray. ~~~ D. H. Mangum Atto for Pet: [Estate Papers - Sale of Slave Cyntha 23 Mar 1832] A List of the property of Mary McKee Sold on the 23rd day of March 1832 By Rankin McKee admr names articles William Paul 1 Sorrel Horse 50.50 Samuel Turentine 1 Negro Woman Cyntha 410.50 _________ $460.00 [Estate Papers - Petition to Sell Lane Sep 1851] State of North Carolina } Court of Equity Orange County } September Term 1851 To the Honorable the Judge of the Court of Equity for the County of Orange: The petition of William M. McKee Sally Woods widow of John Woods deceased, John R. McKee, David B. McKee, Nelson McKee, John Wilkerson and Margaret his wife, Joseph W McKee, Roundtree Wilson and Ann his wife, and of Sarah Ray & Mary Ray the Children of Mary McKee deceased who was married to Tyre B. Ray, and who are minors under the age of twenty one year & sue in this behalf of their father Tyre B. Ray who is their guardian. Humbly sheweth unto your Honor that Rankin McKee late of the County of Orange died intestate in the year 1835 seized and possessed of lands lying in Orange County, which after his death were sold for division with the excep= tioin of about 313 acres lying upon the waters of Little River in said County adjoining the lands of John Wilkerson William M McKee and others which portion was allotted to Lydia McKee his widow for her dower, who is now dead, and your petitioners shew that your petitioners Sally Woods, the widow of John Woods deceased, John R. McKee William M McKee, David B. McKee, Nelson McKee, Margaret the wife of John Wilkerson, Joseph W. McKee, Ann the wife of Round= tree Wilson are the ["children" x-out] surviving children of said Rankin McKee: who together with the other two pe= titioners Sarah and Mary Ray the children of ["another da" x-out] his deceased daughter Mary, ["the" x-out] who [page 2] was married to Tyre B. Ray or the heirs at law of said Rankin McKee and the title to the said Dower lands is vested in them. Your petitioners shew unto your Honor that the said land has long been settled, and about one half of it cleared a considerable portions of which is much exhausted, and the same cannot be divided among them by actual partition without much injuring the value of the whole, they therefore pray your honor that the said lands may be sold by decree of this Court and the proceeds divided among them according to their respective right J W Norwood Sol for Petitioners This case coming on to be hear upon the petition and the Court being satisfied that the land men= tioned in the same cannot be partitioned among the petitioners without great injury to their in= terest. It is therefore adjudged and decreed that the said lands be sold by the Clerk & Master of this Court on the premises upon a credit of the twelve months, after [x-out] a public advertisement taking bond & good security from the pur= chaser & reserving the title till the farther order of this Court. [page 3] In this case the Clerk & Master report that [blotted out] obedience to the Decree of this Court made Septr Term 1852 after due advertisement expose the lands mentioned in the petition, to public sale, on the premises on the 21st day of October last. (1851) when Jacob Gates became the purchaser of one tract at the price of three hundred & Eight Dollars and John C Wilkerson the purchaser of the other tract at the sum of nine hundred and Eighty Dollars & both the purchasers have entered into brand with approved securities -- The land it is believed were sold at fair prices --- Respectfully submitted O. F. Long C&ME