Orange County NcArchives Wills.....Mitchell, Sally July 29, 1836 ************************************************ 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 418-420 Written: July 29, 1836 Recorded: May 1837 Testator: Sally Mitchell State of North Carolina Orange County I Sally Mitchell of the Coun- ty and of the State [x-out] afore said in contemplation of the uncertainty of human life do make publish and declare the following as my last Will and Testament in the first place I will and bequeath to my Grand- -daughter Frances E. Potter daughter of Thomas Potter late of the County of Granville deceased Two negro girls the one of which is named Creesy and the other named Adelene also Two beds with their furniture also one clock, I will and bequeath to my granddaughter Caro -line Mildred Pratt daughter of Moses S. Pratt late of Orange County deceased a negro wo- man named Mary together with her infant daughter Sarah also two beds with their furni ture and one Work stand. It is further my will and desire that the house and lot on which I now reside should be sold after my death and that my Executor shall reserve as much of the pro= ceeds of the sale of the said house and lot as will purchase a negro boy of between the respective ages of ten and twenty years for my aforesaid grand daughter Caroline Mildred Pratt and I do hereby enjoin it on my Executor to lay out the money for that purpose as soon after the sale as it may be judicious and convenient to do so: It is further my will and desire that the residue of the purchase money arising from the sale of the said house and Lot shall be equally divided between my aforementioned grand-daughter Frances E. Potter and Caroline M. Pratt. It is farther my will and desire that the residue of my prop- erty should be sold and after the payment of my Just debts that the proceeds of the sale should be equally divided between my grand daugh- ters Frances E. Potter & Caroline M. Pratt and [page 2] my daughter in Law Caroline Mitchell wi- dow of my son the late James Mitchell decd. I farther will and bequeath to my said dau- ghter in Law Caroline Mitchell Two Beds with their furniture. It is further my Will and desire that in the event My aforesaid grand daugh- ter Frances E. Potter should either die before she arrives at mature age or if she should die with out issue after mature age that the property I have left to her should then go to my grand daughter Carolina[sic] M Pratt; if she should sur vive. It is further my Will and desire that in case my said grand daughter Caroline M. Pratt should die before she attains to ma turity or without issue that the property I have left to her should then go to my other grand- daughter Frances E. Potter in case she survives It is further my will and desire that in the event of both my said grand daughters dying without issue that the property which I have left to them respectively shall go to my gran daughters Lucy & Martha Mitchell daughters of the late Robert B. Mitchell deceased and to the end that the provisions of my foregoing will may be fully executed & carried into effect I hereby nominate constitute and appoint James Mallory late of the County of Granville in this State but more recently of the State of Alabama my true and Lawful Executor [continues in same writing, but lighter ink] I farther will and desire that my friend John Hutchins of the County of Orange should take charge of my Estate and pay all necessary attention to it during any interval which may occur between my death and the arrival of my Executor in this place to enter upon the performance of his duties as Executor and do hereby annull & revoke all other wills & Testaments which I may have heretofore made In witness whereof I have hereto annexed my hand & Seal the 29 of July 1836 Test J. W. MGee John Hutchins Salley Mitchal (seal) [Will Book Volume E, page 418] State of North Carolina Orange County I Sally Mitchell of the County and of the State aforesaid in Contemplation of the uncertainty of human life do make publish and declare the following as my last Will and Testament in the first place I Will and bequeast to my Grand daughter Frances E. Potter daughter of Thomas Potter late of the County of Granville deceased Two negro Girls the one of which is named Creasy and the other named Adeline also Two beds with their ferniture also one Clock I Will and bequeath to my Grand daughter Caroline Mildred Pratt daughter of Moses S Pratt late of Orange County deceased a negro Woman named Mary together with her [x-out] infant daughter Sarah also two beds with their furniture and one Work stand. It is further my will and desire that the house and lot on which I now [x-out] reside Should be sold after my death and that my Executor Shall reserve as much of the proceeds of the sale of the said House and lot as will purchase a negro boy of between the respective age of ten and twenty year[s] for my aforesaid grand daughter Caroline Mildred Pratt and I do hereby enjoin it on my Executor to lay out the money for that purpose as soon after the sale as it may be Judicious and convenient [Will Book Volume E, page 419] to do so: It is further my Will and desire that the residue of the purchase money arising from the sale of the said House and Lot Shall be equally divided between my aforementioned Grand daughters Frances E Potter and Caroline M Pratt It is fur- =ther my Will and desire that the residue of my property Should be sold and after the payment of my Just debts that the proceeds of the sale Should be equally divided between my Grand daughters Frances E Potter and Caroline M Pratt and my daughter in Law Caroline Mitchell Widow of my son the late James Mitchell decd. I further will and bequeath to my said Daughter in Law Caroline Mitchell Two beds with there[sic] furni= =ture It is further my Will and desire that in the event my aforesaid Grand daughter Frances E Potter should either die before she arrives at mature age or if she should die with out issue after mature age that the property I have left to her Should then go to my Grand daughter Caroline M Pratt if She should survive. It is further my Will and desire that in case my said Grand daughter Caroline M Pratt should die before She attains to maturity or without issue that the property I have left to her should then go to my other Grand daughter Frances E Potter in case she survives It is further my Will and desire that in the event of both my said Grand daughters dying without issue that the property which I have left to them respectively Shall go to my Grand daughters Lucy & Martha Mitchell daughters of the late Robert B Mitchell deceased and to the end that the provisions of my foregoing Will may be fully executed and Carried into effect I hereby nominate Constitute and appoint James Mallory late of the County of Granville in this State but more recently of the State of Alabama my true and Lawful Executor I further Will and desire that my friend John Hutchins of the County of Orange Should take charge of my Estate and pay all necessary attention to it during any interval which may occur between my death and the arrival of my Executor in this place to enter upon the performance of his duties as Executor and do hereby annul & revoke all other Wills & Testaments which I may have heretofore made In witness whereof I have hereto annexed my hand & Seal the 29 of July 1836 Sally Mitchell (seal) J W MGee John Hutchins [Will Book Volume E, page 420] Orange County May Term 1837 ~~ The Execution of the foregoing last Will and Testament of Sally Mitchell was dully proved in Open Court by the Oath J W McGee & John Hitchens the subscribing Witnesses thereto and ordered to be Recorded Test Additional Comments: Will Book Volume E, pages 418-420 Recorded May 1837 Estate Papers comprise three pages and are found in a folder labeled "Mitchell, Sally (1837)". William N. Pratt was appointed administrator 24 May 1837