Orange County NcArchives Wills.....Merritt, William H July 1, 1839 ************************************************ 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 F, pages 458-462 Written: July 1, 1839 Recorded: Aug 1850 Testator: William H Merritt Note: There are several loose wills in the file labeled "Merritt, William H 1850" which purpose to be copies on one another, however they are quite different. Additionally, there earlier wills are also included. [loose will, dated 1 Feb 1839] In the name of God Amen I William H. Merritt of the County of Orange and State of North Carolina, being of sound and disposing mind and memory, and impressed with the uncertainty of life and the certainty of death, do make and ordain publish and declare, the following to be my last Will and Testament, hereby revoking and annulling all former Wills by me at any time heretofore made. Imprimis, I direct my Executor hereinafter named to have my body, decently interred and my soul I commend to Almighty God trusting through the merits and mediation of my blessed Redeemer, to receive a glorious inheritance on high. 1. Item As touching the worldly estate with which God, has blessed me, my will and desire is, that it be disposed of as follows, to wit: -- I give and devise to my friend Isaiah Burnett of the County of Chatham to him and his heirs forever, in trust for my son Pleasant C. Merritt, the following tract of land, to wit, my Cub Creek, Couch Steegall and Henderson (commonly called Coulter) tracts, and all of the tract called the Morgans heirs tract, lying South of an East line, running from my fathers South East corner, and the following negroe slaves, to wit, Peter, Charly, Matthew, Phillis, Betsy and her child. -- It is further my will and desire that the several tracts of land and negroe slaves devised and bequeathed to my friend W H Merritt [page 2] Isaiah Barnett in trust for my son Pleasant C. Merritt, during his life, should upon the death of my said son, be equally divided among his (the said Pleasants) children, share and share alike. -- I furthermore give to my said son Pleasant, such sums of money, as ???? ??? be found due, or may be found due on a settlement of our? account at the period of my decease. 2. Item. I give and devise to my friend Dr. James Webb of Hillsborough, to him and his heirs forever, in trust for my daughter Mar- tha C. Yancey, wife of Doct. Charles R. Yancey, during her natural life, five hundred acres of land, to be taken off of the South part of my Davie land, and also the land I pur- chased of Barbee and Pickett adjoining the land of Mann Paterson, and also the following negroe slaves, to wit, Peggy Lewis, Milley Rainey, Eliza, Isabella, Ben, Green, George, Mark and James. -- Should my said daughter Martha, die in the life-time of her husband, the said Doct, Charles R. Yancey, without leaving children, then I give to him and his heirs forever, the land above described, and two of the above named ne- groes, to wit, Isabella and James; and the rest of the said negroes, after the death of my said daughter, I give and bequeath to the broth- ers and sisters of the said Martha, to be equally divided share and share alike, and should any of her brothers and sisters be dead leaving W H Merritt [page 3] issue lawfully begotten, such issue to stand in the place of their parent, and take the same portion that such parent would have taken if alive. Should my said daughter Martha survive her husband, then and in that case, I give and bequeath the said land and negroes to her and her heirs for- ever. 3. Item. I give and devise to my daughter Lucy, C. Purify wife of George W. Purify, all the lands whereon I now live, adjoining the Uni- versity lands, and the lands of William Dur- ham, James Smith and Mann Pendergrast, together with so much of the Coulter lands as lie in the County of Orange, - with the excep- tion nevertheless of so much of all the foregoing lands as is hereinafter devised to my son William H. Merritt, -- I furthermore give and bequeath to my said daughter Lucy, the following negroe slaves, Viz, Brit, Edward, John, Jude, Mary, Joe, Nancy, Linda and Jane, to have and to hold, the said lands and slaves to her and her heirs forever. 4. Item. I give and devise to my friend Charles W. Snipes in trust for my son William H Merritt the following lands, to wit, all that part of the Davie tract (being the North end) not herein before devised to my daughter Martha, containing 500 acres, more or less, together with all the lands adjoining it, either in Orange or Chat- ham, not herein before devised to my other chil- dren, from William Williams' land to Mann Pendergrasts land William Oldhams lands I also give him three hundred acres of the tract W H Merritt [page 4] I now live on East of a line running from the University lands south to George M. Conway's line being the land I bought of Solomon Mor- gan, and part of that I bought of Edward Jones. -- I also give him one half of the mills and water power, with as much land as may be necessary, for mill privileges, as yards, dams, pond &c to him & his heirs forever. I furthermore give to my said son William H. the following negroe slaves, to wit, Eli, Peter, Stepney, Jack, Abe, Charles, Luke, Dinah, Tom, Sinda and Affy, the legal title to said slaves, to be vested, as in the case of the lands in my friend Charles W. Snipes and his heirs forever in trust for my said son. 5. Item It is my desire and I so direct, that if either of the persons appointed Trustees by this will refuse to act or die, before the trust be fully executed, that then and in that case my Executor immediately apply to the Court of Equity to appoint a Trustee, in the place of the one so dieing[sic] or refusing to act, and that until such appointment be made, that my Executor shall act as Trustee 6. Item. I give to the Treasurer for the time being for the North Carolina Bible Society auxiliary to the American and Foreign Bible Society formed by the Bible Convention in Phila- delphia, in 1837, the sum of two thousand dollars ($2.000) for the purposes of said Soci- ety and for which the receipt of such Treasure shall be a sufficient discharge. W H Merritt [page 5] I give to Richard Dowd of the County of Chat- ham, the sum of one hundred dollars, to be applied to the erection of a Baptist meeting house in M Leads settlement, to be paid when- ever, the neighborhood shall contribute, the sum of two hundred dollars to the same object. I give to my Executor in trust for the Sandy Creek Association, one hundred dollars, to be applied in the purchase of books, from the Sunday School Union, and to be so managed by selling books, for cash only, and never on credit, that while all the schools now organized, or that may be hereafter organized under the jurisdiction of the Association, may be furnished with sabbath school books at cost and charges, the original fund may undergo no diminution. -- I furthermore give to my Executor, one hundred dollars to be remitted to the American Sunday School Union. 7. Item. The residue of my estate, of whatsoever consisting, I direct, to be sold on a credit of twelve months, and on good security, to the highest bidder, and the proceeds applied to the payment of my just debts, in the first place, to the payment of the secured chari- table bequests in item numbered 6, and the remainder I wish equally, divided among my children I appoint my son in law George W. Purify Executor of this my last Will and Testament, contained on two sheet or six pages of paper, to each of which I have W H Merritt [page 6] subscribed my name. This first day of Feb 1839 Signed, sealed published and } declared, as the last Will & } Testament of W. H. Merritt in } W.H. Merritt (seal) presence of us, who attest it in } his presence this 1 Feby 1839 } D S Swain E. Mitchell A_ [loose will, dated 2 Oct 1846] In the name of God Amen I William H. Merritt of the County of Orange and State of North Carolina, being of sound and disposing mind and memory, and impressed with the uncertainty of life and the certainty of death, do make and ordain, publish and declare, the following to be my last Will and Testament, hereby revoking and annulling all former Wills by me at any time heretofore made. Imprimis: I direct my Executor herein- after named, to have my body, decently in- terred, and my soul I commend to Al- mighty God, trusting through the merits and mediation of my Redeemer, to receive a glorious inheritance on High. 1. Item. My Will and desire is that the worldly estate with which God has bles- sed me shall be disposed of as follows, Viz: I give and devise to my friend George Wynn of the County of Chatham, to him and his heirs, forever, in trust for my son Pleasant C. Merrit, the following tracts of land, Viz -- my Cub Creek, Couch, Steegall and Henderson tracts, the land I bought of Morgans heirs, up to the line which will divide and separate, the part of the Davie tract, hereinafter given to my daughter Martha C. Yancy, from the part given to my son William H. Merritt, is herein after described W H Merritt [page 2] and also all my lands, lying East of the Davie place, which I bought of Jams. S. Smith, G. W. Trice and William Barbee, adjoining the lands of John A. Mason and Jesse Mason, and the following negroe slaves viz Chesly, Charles (Senior) Charles (Junior) Lewis, Cad, Julius, Green, Peter, Betsy, Minerva, ["Eliza" x-out] Judy and Mary to- gether with the future increase of the females af- ter the present date. I furthermore release and discharge any debt that may be due at the period of my decease from my said son (except my ac- count for the smith work, which he must pay) and from all accountability for the stock farming utensils &c which may be in his possession on the premises at the same time. It is further my Will and desire, that the several tracts of land, and the negroe slaves devised and bequeathed to my friend George Wynn in trust for my son Pleasant C. Merritt as aforesaid during his natural life, shall upon the death of my said son be equally di- vided among his (the said Pleasants) children share and share alike 2. Item. I give and devise to my daughter Martha C. Yancy, wife of Doct. Charles R. Yan- cy to her and her heir forever, Five Hundred (500) acres of land to be taken off of the South end of my Davie tract, and also the land I pur- chased of Barbee and Pickett adjoining the land of Mann Patterson, together with the following slaves, viz. Mark, George, Abe, James, (males) and Peggy and Isabella with the future incre- ase. W H Merritt [page 3] 3 Item. I give and devise to my daughter Lucy C. Purify wife of George W. Purify, to her and her heirs forever, one undivided moiety of my mills millers lot and houses, which will be more par- ticularly described in the devise to my son William Henry, together with all the land lying West of the land hereinafter devised to my said son William Henry, bounded by the University lands to my Webb line, running with that line to James S. Smiths line, thence with his line to the Big Pitts- bourough road, at Edward Pendergrasses land, thence back with the line of the land hereinafter devised to my son William Henry, to the line of the University tract. I furthermore devise to my said daughter Lucy and to her heirs forever, the land I bought of William Barbee, south of Billy Morgans Creek, the land I bought of Silas Clark, one tract of which lies in Orange and the other in Chatham, the nine and a half acre tract, which I bought of my father, and the tract on Billy Morgans Creek, which I bought of John Sparrow. I give to her also, the following negroe slaves, viz, Brit, Edward, John, Joe, Haywood, Phillis, Nancy, Linda, Jane, Ellen, Affy and Cherry together with the future increase of the females. The foregoing lands devised to my daughter Lucy are nevertheless charges with the sum of Eight Hundred Dollars, which is to constitute a part of the fund in the hands of my Executor, for the payment of my just debts. W H Merritt [page 4] 4. Item. I give and devise to my friend John Hutchins to him and his heirs forever, in trust for my son William Henry Merritt, during his natural life, and at his decease to be divided share and share alike among his children, the following lands and sla- ves, viz one undivided moiety of my mills and millers houses and lots, (including ten acres) Ele's house and the Gin House. -- All the lands East of a line running from the University lands, so as to strike Morgans Creek at the going in place, on the North side of the creek at Sandy Ford, run- ning thence up the creek to the Water Fence, thence to a Poplar at the end of the Water Fence, thence South - West to the middle of the road, thence with the road taking the right hand fork to Edward Pendergrass'es land, thence South with his line, to the branch, thence down the branch to Obeds Creek, thence up the creek so as to in- clude all the Coulter land, and all the George J. McCauley land, thence with William Bar- bees, Solomon Morgans and University land to the Beginning. I furthermore give and devise to the said John Hutchins in trust as aforesaid, the part of the Davie tract, not included in the devise to my daughter Martha, the North end of the Morgans heirs tract, not included in the devise to my son Pleasant together with the whole of the Fifty six acre tract, bo- ught of John Sparrow, North of the Davie place, and the following negroe slaves viz, Stepney Eli, Jack, Math[?], Tom, Sam, Luke. Dinah, Linda (Senior) Rener, Elizabeth, Milly, and Margaret, together with the future increase of the females. W H Merritt [page 5] 5 Item. I give and devise to the Trustees of Wake First College and to their successors in office a tract of land containing 616 acres purchased of James Webb M.D. which I estimate at Two Thousand Dollars. I desire and direct the said Trustees to sell the said land for the best price which can be obtained on a long credit, and to apply the proceeds to the education in the said college of young min- isters who shall have been previously reg- ularly licensed by the Baptist Church to preach the Gospel. 6 Item. I give and devise to my Christian Friend and Brother John Hutchins my J. B. Jones Tract of land in trust to sell the same, on the best terms he can, and apply the money then obtained, toward the erection of a Baptist Church at Chapel Hill or in its immediate vicinity. 7 Item. The residue of my estate of what na- ture soever consisting, I direct my Executor to sell on a credit of twelve months and on good security to the highest bidder, at such times after the next crop is made, the hogs fatted and converted into bacon, as will in his opinion insure fair prices, and with the monies arising from such sales, from the fund provided for this purpose by charging the lands devised to my daughter Lucy (Item 3) with the payment of Eight Hundred Dollars, and from the debts due me, which I desire and direct shall be special[l]y[?] col- W H Merritt [page 6] lected to pay off all my just debts in the first place, and secondly when this shall have been done, if a surplus remain to divide the same equally, among those of my chil- dren, who may themselves have children living at the time of my decease. It is my desire and I so direct that if either of my friends George Wynn or John Hutchins, decline to act or die before the trust be fully executed, that then and in that case my Executor immediately apply to the Court of Equity, to appoint a Trustee in the place of the one dieing or declining the trust, and that until such appointment be made my Executor act as Trustee. I appoint my soninlaw George W. Purify Executor of this my last Will and Testament written on three sheets of paper, and covering six pages, at the bottom of each of which I subscribe my name, and to this last signature annex my seal this twenty second day of October A.D. 1846. The word "Couch" in the sixth line from the bottom of first page was interline, & "Eliza" stricken out 2nd page Signed, sealed published } and declared, and the last } Will and Testament of } W. H. Merritt (seal) William H. Merritt in } presence of us } D. S. Swain } Manl. Fetter } J. M. Cheek } [page 7] Codicil to the last Will and Testament of William H. Merritt, issued[?] this eight day of January 1848 1. I give and devise to my daughter Lucy C. Purify and her heirs, the land I purchased on the 7th December last from Algernon Sidney Jones, and to my friend George Will in trust for my son Pleasant C. Merritt, my negro man named John Reeves 2. In addition to the instructions given to my Executor in Item (numbered 7) of the foregoing will, I direct him to sell the mill stones and irons of my New Hope and ???? mills, my Smith tools, wheat Fans and Straw cutters, and to carry on my mills until the sale shall have taken place of the first crop made, after my decease, and out of the proceeds of this, and the other funds provided for that purpose, to pay of[f] my debts, as fast as the means can be realized. If either of my Sons or of the husbands of my daughters shall present any account against my estate, the legacy given to each is to be con- sidered a full payment of such account, and my Executor is specially directed to assent to and pay no legacy, untill receipt and acquit- tance in full of all demands against my estate shall be given by each legatee W. H. Merritt (seal) Signed, sealed, published } and declared this 8th Jany. } 1848, in presence of us } D. S. Swain } Manuel Fetter } James M Cheek } [loose will, dated 16 Mar 1850] In the name of God Amen! I William H. Merritt of the County of Orange and State of North Carolina, being of sound and disposing mind and memory and impressed with the uncertainty of life and certainty of death, do make and or- dain, publish and declare, the following to be my last Will and Testament, hereby revoking and annulling all former Wills by me at any time heretofore made. Imprimis. I direct my Executor hereinafter named, to have my body, decently interred, and my soul I commend to Almighty God trusting through the merits and mediation of my Redeemer, to receive a glorious in- heritance on High. 1. Item My Will and desire is that the worldly estate with which God has bles- sed me shall be disposed of as follows, Viz: I give and devise to my grand Sons William H. - Thomas Jordon - Marcus La Fayette - Morris Gaston - John Wash- ington and Marion Barbee Merritt (sons of my deceased son Pleasant C. Merritt) to them and their heirs equally to be divi- ded share and share alike the following lands viz my Cub Creek Couch Steegall and Henderson tract, Five Hundred acres to be taken off of the South end of the Davie tract W H Merritt [page 2] and so much of the tract purchased of Morgans heir, as lies South of the line di- viding the Davie tract, extend West to the line of the J. J. Rigsbee tract. I furthermore give to my said grand sons and their heirs forever, all my land lie- ing East of the Davie place, which I bought of James S. SMith, G. W. Trice and William Barbee adjoining the lands of John A. Mason and Jesse Mason, and the following slaves to wit Chesley, Charles (Junior) Cad, Julius Green, Peter, Betsy, Judy, Mary, Eliza, and her two children (Bill and Ceasaree[?]) together with the increase of the females after this date and all the stock, farming utensils &c which may be on the premises, the their ac- company[?] at the time of my decease. 2. Item. I give and devise to my friend George Wynn, to him and his heirs forever, in trust for my son William Henry Merritt, during his natural life, and at his decease to be equally divided, share and share alike among all his children the following lands to wit, one undivided moiety of my mills millers lot and houses, coopering estab- lishment &c which will be more par- ticularly described in the devise to my daughter Lucy C. Purify, together with all the land lying West of the lands herein- after deceased to my daughter Lucy C. Puri- fy, bounded by the University lands, to my Webb line, running with that line to James W H Merritt [page 3] S. Smiths line, thence with his line to the Big Peterborough Road at Edward Pendergrass's land, thence Creek[sic] with the line of the land hereinafter devised to my daughter Lucy at the line of the University tract. -- Also the Northern half of the Davie tract, containing Five Hundred acres, the North end of the Morgans heirs tract not included in the devise to my grand sons, together with the following slaves, to wit, Charles (Senior) Stepney, Eli, Jack, Tom, Sam, Math, Milly Margaret, Rener and her three children and all the increase of the females after this date I furthermore give to the said George Wynn upon the same trust as aforesaid, the follow- ing slaves to wit, Charles and Frances the two youngest children of Milly (Maths wife mentioned above) Sook, Dinah, Sinda (Senior) Elizabeth and Little Milly 3. Item I give and devise to my daughter Lucy C. Purify wife of George W. Purify to her and to her heirs forever, one undivided moiety of my mills, millers lot and out houses, coopering establishment &c. Furley's house, Eli's house and the Gin-House (in- cluding fifteen acres). -- All the lands East of a line running from the University lands so as to strike Morgans Creek, in the direc- tion of the New Ford, stopping at the High water mark, running thence along the line of high water mark, to the still house lot thence to the creek, then up the creek to the W H Merritt [page 4] Water Fence, thence to a dead poplar at the end of the Water Fence (including half the spring) thence South-West to the middle of the road, thence with the road, taking the right hand fork, to Edward Pendergrass land, thence South with his line to the branch, thence down the branch to Obeds Creek, thence up the creek so as to include all the Coulter land and all the George J. McCauley land, thence with William H. Sparrow, Miss Hilliard, Morgans heirs and the University lands to the beginning. I furthermore give and devise to my said daughter Lucy and her heirs forever, the land I bought of William Barbee, South of Billy Morgans Creek, the land I bought of Silas Clarke, one tract of which lies in Orange, the other in Chatham, the nine and a half acre tract, which I bought of my father, the tract on Billy Morgans Creek, which I bought of John Sparrow, the tract of land I purchased from Algernon Sid- ney Jones, the Fifty six acre tract, North of the Davie tract bought of John Spar- row, and the following slaves, to wit John Reeves[?], Henry Clary, Judy, Phillis, Ellen Nath, Harriett, Arabella, Nancy. Sinda, Jane, Little Joe, Affy, Cherry, Eli and Ben, together with the increase of the females after this date. 4. Item. I give and devise to the Trustees of W H Merritt [page 5] Wake Forest College and their successors in office, a tract of land containing 616 acres pur- chased of James Webb M. D. which I estimate at Two Thousand Dollars. I de- sire and direct the said Trustees to sell the said land, for the best price which can be obtained on a long credit, and to apply the proceeds, to the education in the said college of young ministers who shall have been previously, regularly licensed by the Baptist Church to preach the Gospel. 5. Item. I give and devise to my Christian friend and brother, John Hutchins, my J. B. Jones tract of land, (conveyed to me by W. Hooper, D.D.) which I estimate at Three Hundred Dollars, my lot in Chapel Hill which I estimate at Four Hundred Dollars and Three Hundred Dollars in cash, in trust to sell the land, and all or such portion of the lot, as may be deemed necessary and apply the proceeds, together with the sum of money aforesaid, towards the erec- tion of a Baptist Church in Chapel Hill. 6 Item. The residue of my estate of what nature soever, I direct my Executor to sell on a credit of twelve months, and on good security, to the highest bidder, at such times and places, after the next crop is made, the hogs fattened and converted into Bacon, as will in his opinion, be calculated to insure fair prices , and with W H Merritt [page 6] the money arising from the sale, and from the debts due to me, which I desire may be speedily collected, to pay off all my debts, and when this shall have been done, if any surplus remain, I wish it to be divided in three equal parts, one third for the children of my deceased son Pleasant, one third in trust for my son Will- iam Henry, and the remaining third for my daughter Lucy, It is my desire and I so direct that if either of my friends George Wynn or John Hutchins, to decline to act or die before the trust be fully executed, that then and in that case my Executor immediately apply to the Court of Equity, to appoint a Trustee, in the place of the one dieing[sic] or declining the trust, and that until such appointment be made, that my Executor act as Trustee Lastly I appoint my son in law George W. Purify Executor of this my last Will and Testament, written on two sheets, covering six pages of paper, at the bottom of each of which I subscribe my name, and to the last annex my seal this sixteenth day of March A.D. Eighteen Hundred and Fifty Signed, sealed published } and declared, as the last Will } W. H. Merritt (seal) & Testament of W. H. Merritt in } presence of us } D. S. Swain } Manuel Fetter } [loose will, dated 18 Jul 1850] In the name of God Amen! I William H. Merritt of the County of Orange and State of North-Carolina, being of sound and disposing mind and mem- ory, and impressed with the uncertainty of life, and certainty of death, do make and ordain, publish and declare the fol- lowing to be my last Will and Testament hereby revoking and annulling all former Wills by me at any time, heretofore made. Imprimis. I direct my Executor hereinafter named to have my body, decently interred, and my soul I commend to Almighty God, trusting through the merits and mediation of my Redeemer, to receive a glorious inheritance on High. 1 Item My Will and desire is that the worldly estate, with which God has bless- ed me, shall be disposed of as follows Viz: I give and devise to my grand Sons William H. ~~ Thomas Jordon ~~ Marcus La Fayette, ~~ Morris Gaston ~~ John Wash- ington and Marion Barbee Merritt, (sons of my deceased son Pleasant C. Merritt) to them & their heirs equally to be divi- ded share and share alike, the follow- ing lands, to-wit, my Cub~Creek, Couch, Stegall, and Henderson tracts;~ Five [page 2] Hundred acres, to be taken off of the South end of the Davie tract, and so much of the tract purchased of Morgans heirs, as lies South of the line, dividing the Davie tract, extended West to the line of the J. J. Rigsbee tract. I furthermore give to my said grand sons and their heirs forever, all my lands lieing East of the Davie place, which I bought of James S. Smith, M.D. G. W. Trice and William Barbee, adjoining the lands of John A. Mason, and Jesse Mason and the following slaves, viz. Chesley,~ Charles Junior,~ Cad,~ Julius,~ Green,~ Peter,~ Betsy,~ Judy,~ Mary,~ Eliza and her three children[See Note 1] together with all the increase of the females after the present date; ~ and all the stock farm- ing utensils &c which may be on the premises, in their occupancy at the time of my decease. 2 Item. I give and devise to my friend George Wynn, to him & his heirs forever, in trust to receive the rents and profits and to pay over the same to my son Will- iam Henry Merritt, during his life, the following lands and slaves, and af- ter the deceased of my said son, I give all the said lands and slaves, to his children, and their heirs forever, to be equally divided among them share and [page 3] share alike, to wit ~~ one undivided moi- ety of my Mills, Millers Lot and Houses, Coopering Establishment &c (which will be more particularly described in the devise to my daughter Lucy C. Purify) ~~ all the lands lying East of a line, running from the University lands so as to strike Mor- gans Creek, in the direction of the New Ford stopping at the High Water mark: run- ing thence along the line of High-Water mark, to the Still House lot, thence to the creek, thence up the creek to the Water Fence, thence to a dead poplar at the end of the Water~Fence (including half of the spring) thence South-West to the middle of the road, thence with the road, taking the right hand fork to Edward Pendergrasses land, thence South with his line to the branch, thence down the branch to Obeds creek, thence up the creek so as to include all the Coulter land and all the George J. McCauley land, thence with William H. Sparrow, Miss Hilliards, Morgans heirs and the University lands, to the Beginning Also the Northern half of the Davie tract containing Five Hundred acres, the North end of the Morgans heirs tract, not included in the devise to my grand sons:~~ and the following slaves, to-wit, Charles Senior;~~ Stepney,~~ Eli,~~ Tom,~~ Sam,~~ Math,~~ Marga- ret,~~ Rener and her three children,~~ Sook,~~ Dinah,~~ Sinda (Senior) Elizabeth and Little Milly together with all the increase of the females, after the present date. [page 4] Item 3. I give & devise to my daughter Lucy C. Purify wife of George W. Purify to her and to her heirs forever, one undivided moiety of my Mills, Millers Lot, and Out Houses, Coopering Establishment &c. Furley House,~ Elis House & the Gin House (including Fifteen acres). ~~ All the lands West of lands, herein before devised to my friend George Wynn in trust for my son William, bounded by the University lands to my Webb line, running with that line to James S. Smiths line, thence with his line to the big Pittsborough road, at Edward Pendergrasses land, thence back with the line of the land, herein before devised to my friend George Wynn, and the children of my son William, to the line of the University tract I furthermore give & devise to my said daughter Lucy and her heirs forever, the land I bought of William Barbee, South of Billy Morgans Creek,~ the land I bought of Silas Clarke, one tract of which lies in Orange, the other in Chatham;~~ the Nine & a Half acre tract which I bought of my father,~~ The Tract on Billy Mor- gans Creek, which I bought of John Sparrow ~~ ~ the tract of land I purchased from Algernon Sidney Jones,~~ the Fifty-Six acre tract North of the Davie tract bought of John Sparrow ~~ and the following slaves to wit John Reeves[?],~~ Brit,~~ Edward,~~ John,~~ Joe,~~ Hay- wood,~~ Henry Clay,~~ Judy,~~ Phillis, ~~ Ellen Nath,~~ Herriett,~~ Arabella,~~ Nancy,~~ Sinda,~~ Jane,~~ Little Joe,~~ Affy,~~ Cherry,~~ Eli,~~ Ben and all the increase of the females after this date. [page 4] 4. Item. I give & devise to the Trustees of Wake Forest College, and to their successors in fee simple a tract of land containing Six Hundred and sixteen acres, purchased of James Webb, M. D. which I estimate at the value of Two Thousand Dollars. I desire and direct the said Trustees, to sell the same, for the best price, which can be obtained on a long credit, and to apply the proceeds to the education in the said college of young ministers to be selected by the Trustees, which ministers, must have been previously regu- larly licensed to preach the Gospel in the Baptist Church. 5. Item. I give and devise to my Christian Friend and Brother, John Hutchins, my J. B. Jones tract of land, (conveyed to me by the Revd. Dr. Hooper) which I estimate at Three Hundred Dollars;~~ my lot in Chapel Hill which I estimate in like manner at Four Hundred Dollars,~~ and the sum of Three Hundred Dollars in cash, in trust to sell the land, and all or such portion of the lot, as may be deemed necessary, and to apply the proceeds together with the sum of money aforesaid towards the erection of a Baptist Church in Chapel Hill. 6 Item. The following slaves, viz Big Milly and her four children (named Judy,~~ Henry Clay~~ Charles and Francis) - Jack, George,~~ Martha[Martin?],~~ Jim,~~ Isabel, and Peggy together with all [page 5] the residue of my estate of what nature so- ever, I direct my Executor to sell on a credit of twelve months, and on good security, to the highest bidder, the slaves as soon as may be deemed advisable, the residue at such times & places, after the next crop is gath- ered, the hogs converted into Bacon, as will in his opinion, be calculated to insure fair prices, and with the proceeds of said sales and the debts due to me, which I desire to be speedily collected, to pay off all my debts, and the legacy to John Hutchins, which is to constitute a charge upon all my estate; and when these payments shall have been made, if any surplus remain, I wish it to be divided into three equal parts, one third to be paid to George Wynn in trust for my son William and his children, one third to the children of my deceased son Pleasant and the remaining third to my daughter Lucy It is my desire, and I so direct, that if either of my friends George Wynn or John Hutchins, declines to act as Trustee or dies before the trust be fully executed, that then and in that case my Executor, shall imme- diately apply to the Court of Equity to ap- point a Trustee, in the place of the one who may decline the trust, or from any cause be rendered incapable of executing the same and that until such appointment be made my Executor shall act as Trustee. Lastly I appoint my son in law George W. Purify, Executor of this my last Will and Testament, written on two sheets of paper, to the first and last of which I subscribed my name, the eigh- teenth day of July eighteen hundred and fifty Signed, Published } and Declared as the } last Will and Testa- } ment of William H. } W H Merritt (seal) Merritt in presence } of D S Swain, J. W. } Carr & M. Fetter who } signed it in his presence } and the presence of each } other } D. S. Swain } J W Carr Jurat } M. Fetter } [Will Book Volume F, page 458] In the name of God Amen! I William H. Merritt of the County of Orange and State of North Carolina, being of sound and disposing mind and memory, and impressed with the uncertainty of life, and certainty of death, do make and ordain, publish and de= clare the following to be my last Will & Testament hereby revoking and annulling all former Wills by me at any time, heretofore made. Imprimis. I direct my Executor hereinafter named, to have my body decently interred, and my soul I recommend to Almighty God, trusting through the merits and mediation of my Redeemer, to receive a glorious inheritance on high. 1 Item. My Will and desire is that the worldly estate, with which God has blessed me, shall be disposed of as follows, viz: I give & devise to my grand sons William H~~~ Thomas Jordon,~~ Marcus La Fayette, ~~ Morris Gaston,~~ John Washington and Marion Barbee Merritt, (sons of my deceased son Pleasant C Merritt) to them and their heirs, equally to be divided share and share alike, the following lands, towit, my Cub Creek, Couch, Stegall, and Henderson tracts; ~~ Five Hundred acres, to be taken off of the South end of the Davie tract and so much of the tract purchased of Morgan's heirs as lies South of the line, dividing the Davie tract, extended West to the line of the J. J. Rigsbee tract. I furthermore give to my said grandsons, and their heirs forever all my lands lying east of the Davie place, which I bought of James S. Smith, M. D. G. W. Trice and William Barbee, adjoining the lands of John A Mason, and Jesse Mason and the following slaves, viz: Chesly, Charles Junior,~~ Cad,~~ Julius,~~ Green,~~ Peter,~~ Betsy, ~~ Jincy [orig: Judy],~~ Mary,~~ Eliza and her three Children, together with then[sic] increase of the females after the present date; and all the Stock, farming utensils, &c which may be on the premises, in their occupancy at the time of my decease 2 Item. I give and devise to my friend George Wynn, to him and his heirs forever in trust to receive my rents [Will Book Volume F, page 459] and profits and to pay over the same to my son William Henry Merritt, during his life, the following lands and slaves, and after the deceased of my said son, I give all the said lands and slaves, to his Children, and their heirs forever, to be equally divided among them share and share alike, to wit ~~ one undivi- ded moiety of my Mills, Millers Lot and Houses, Coopering Estab- lishment &c (which will be more particularly described in the devise to my daughter Lucy C. Purify) ~~ all the lands lying East of a line, running from the University lands so as to strike Morgan's Creek, in the direction of the New-Ford stopping at the High Water mark, running thence along the line of High= Water mark, to the Still House lot, thence to the Creek, thence up the creek to the Water-fence, thence to a dead poplar at the end of the Water Fence (including half of the spring) thence South west to the middle of the road, thence with the road, taking the right-hand fork to Edward Pendergrasses land, thence South with his line to the branch, thence down the branch to Obed's creek, thence up the Creek so as to include all the Coulter land and all the George J. Mc Cauley land, thence with William H. Sparrow, Miss Hilliards, Morgan's heirs and the University lands, to the beginning. Also the Northern half of the Davie tract Containing Five Hundred acres, ~ the North end of the Morgans heirs tract, not included in the devise to my grand sons:~~ And the following slaves, to wit, Charles Senior;~~ Stepney,~~ Eli,~~, Tom,~~ Sam,~~ Math,~~ Margaret,~~ Rener and her three Children,~~ Sook,~~ Dinah,~~ Sinda Senr. Elizabeth and Little Milly, together with all the increase of the females, after the present date Item 3. I give and devise to my daughter Lucy C. Purify (wife of George W. Purify) [to her] and to her heirs forever, one undi= vided moiety of my Mills, Miller's Lot, and Out Houses, Coopering Establishment &c. Finley's House,~ Elis House and the Gin House (including fifteen acres). ~~ All the lands west of lands, herein before devised to my friend George Wynn in trust for my son William, bounded by the University lands to my Webb line, running with that line to James S. Smiths line, thence with his line to [Will Book Volume F, page 460] the big Pittsborough road, at Edward Pendergrasses land, thence back with the line of the land, hereinbefore devised to my friend George Wynn, and the children of my son William, to the line of the University tract I furthermore give and devise to my said daughter Lucy and her heirs forever, the land I bought of William Barbee, South of Billy Morgan's Creek,~ the land I bought of Silas Clarke, one tract of which lies in Orange, the other in Chatham;~~ the Nine & a half acre tract which I bought of my father,~~ The tract on Billy Morgan's Creek, which I bought ["of my father" x-out] ["the tract on Billy Morgan's" x-out] of John Sparrow ~~ the tract of land [I] purchased from Algernon Sidney Jones,~~ the Fifty Six acre tract North of the Davie tract bought of John Sparrow ~~ and the following slaves to wit; John Reaves,~~ Brit,~~ Edward,~~ John,~~ ["Ellen, Nath, Harriet" x-out] ["Arabella,~ Phillis" x-out] Joe,~~ Haywood,~~ Henry Clay,~~ Judy,~~ Phillis, ~~ Ellen,~~ Nerth,~~ Harriett,~~ Arabella,~~ Nancy,~~ Sinda,~~ Jane,~~ Little Joe,~~ Affy,~~ Cherry,~~ Eli,~~ Ben,~~ and all the increase of the females after this date. 4 Item. I give and devise to the Trustees of Wake Forest College, and to their successors in fee simple, a tract of land Containing Six Hundred and sixteen acres, purchased of James Webb M. D. which I estimate at the value of two thousand dollars. I desire and direct the said Trustees, to sell the same for the best price, which can be obtained on a long credit, and to apply the proceeds to the education, in the said College of young ministers, to be selected by the Trustees, which ministers, must have been previously regularly licensed to preach the Gospel in the Baptist Church. ~~~~ 5 Item. I give and devise to my Christian Friend and Brother John Hutchins, my J. B. Jones tract of land (conveyed to me by the Rev. Dr. Hooper) which I estimate at Three Hundred dollars; my lot in Chapel Hill which I estimate in like manner at Four Hundred dollars, and the sum of Three Hundred dollars in cash, [Will Book Volume F, page 461] in trust to sell the land, and all or such portion of the lot, as may be deemed necessary, and to apply the proceeds together with the sum of money aforesaid towards the erection of a Baptist Church in Chapel Hill ~~~ 6 Item. The following slaves: viz Big Milly & her four child= ren (named Judy,~~ Henry Clay, Charles and Francis) Jack, George, Martin,~~ Jim,~~ Isabel, and Peggy, together with all the residue of my estate of what nature soever, I direct my Executor to sell on a credit of twelve months, and on good security to the highest bidder, the Slaves as soon as may be deemed advisable, the residue at such times and places, after the next crop is gath= ered, the hogs converted into bacon, as will in his opinion be calculated to insure fair prices, and with the proceeds of said sales and the debts due to me, which I desire to be speedily collected, to pay off all my debts, and the legacy to John Hutchins, which is to constitute a charge upon all my estate; and when these pay= ments shall have been made; if any surplus remain, I wish it to be divided into three equal parts, one third to be paid to George Wynn in trust for my son William and his children, one third to the Children of my deceased son Pleasant and the remaining third to my daughter Lucy ~~~ It is my desire, and I so direct that if either of my friends George Wynn or John Hutchins, declines to act as trustee, or dies before the trust be fully executed, that then and in that case my Executor, shall immediately apply to the Court of Equity to appoint a Trustee, in the place of the one who may decline the trust, or from any cause be rendered incapable of Executing the same and that until such appointment be made my executor shall act as Trustee Lastly I appoint my son-in-law George W. Purify, Executor of this my last Will and Testament, written on two sheets of paper, to the first and last of which I subscribed my name the eighteenth day of July, eighteen hundred [Will Book Volume F, page 462] and fifty Signed, Published and Declared } as the last Will & Testament of } William H. Merritt in presence of } W H Merritt (seal) D L Swain, J. W. Carr & M Fetter } who signed in his presence and } the presence of each other } D L Swain J W Carr M Fetter Orange County Augt. Term 1850 The execution of the foregoing last will and Testament of William H. Merritt deceased was duly proved in open Court be the oath of John W. Carr one of the subscribing witnesses thereto & ordered to be recorded At the same time George W Purefy the Executor therein named appeared in open Court & qualified Test Additional Comments: Will Book Volume F, pages 458-462 Recorded Aug 1850 There are several versions and copies of the loose will. Note 1: Some copies of this will list "two Children (Bill & Ceasaree[?])" at this point. Estate Papers comprise 453 pages and are found in a folder labeled "Merritt, William H (1851)". Testator died 3 Jul 1850. One estimate of the value of this estate was $50K-$60K. At the time of the inventory, there was, for example, 16,000 pounds of bacon listed. Legatee George Wynn asserts in a petition in the Fall Term of 1862 of the Court of Equity that he is 62 years of age. William Henry Merritt, the testator's son was "of an imbecile understanding although married and the father of several children". He was later found insane by a jury, which is why there was a trustee appointed in the will for life, and John W. Carr was later appointed his guardian by the court. George Wynn's duties as trustee were transferred to Patterson H. McDade in the fall of 1862, giving $15,000 bond (1 Jan 1863). There are numerous passing mentions to Merritt family history and to slaves. Examples include By cash paid for Blankets &c for hired negroes 5.50 " " " Stepney 3.00 " " " Negro Part for 3 collars .75 To cash Recd. Valuation 2 Negroes $600 1/2 300.00 [elsewhere the names Lucy and Henry are attached to this transaction. This account was dated 15 Mar 1855] ...in addition, there is a doctor's bill for treating the various slaves. Quinine, is listed as a medicine in use. At the time it was used to treat a variety of fevers. Slaves listed in the will are mentioned by name in the medical bill. As with other collections of estate papers of this size, it is assumed that researchers interested in these families can find additional information by focusing on these, and that this is not an exhaustive transcription of the estate papers themselves. [Estate Papers - Estate Sale 25 and 26 Sep 1850] An Account of the sale of property belonging to the estate of Wm. H. Merritt deceased made by Geo. W. Purify his Executor on the 25 & 26th of Sept 1850 [sundry items omitted] 1 Negro Lewis Sold to Geo. Wynn for 805.00 1 Negro George " Groves & Hooper " 776.00 1 Negro Mark " Do Do " 671.00 1 Negro Isabella " Do Do " 564.00 1 Negro Peggy " James Moore " 110.00 1 Negro Jack " A S Zane " 507.00 1 Negro Jim " Groves & Hooper " 785.00 3 Negroes Milly & Children " Do Do " 900.75 1 Negro Child James Manson " Heirs of P C Merritt " 104.50 [there are two different handwritten copies of this account. The last line of the second version includes the name of the child. Could also be James Monroe]