Orange County NcArchives Wills.....Moderwell, Martha Sep 1859 ************************************************ 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 Written: Sep 1859 Recorded: Nov 1867 (Guilford County), file no 01269 Testator: Martha Moderwell I Martha Moderwell of the County of Guilford and State of North Carolina being of sound and disposing mind and memory do on this day[sic] of September A.D. 1859 make publish and disclose the following to be my last will and testament 1 I allow my just debts and funeral expense to be paid out of my estate 2 I give devise and bequath[sic] to my nephew James Shields son of my brother Wm. T. Shields one third of my mills and land and all the appertai =nances[sic] thereto belonging in the County Orange and known as the old Cabe mills to have and to hold the said one third part to him and his heirs and assigns for ever And the other two third of the same property I give and devise and bequeath to my nephews, John Charles William and Joseph Shields sons of my said brother to have and to hold the said two third of the said property in equal shares to them and their heirs and assigns forever Both the said mills and land are hereby expressly charged with the maintenance and support of Brother Wm T Shields and his wife Jane during their join lives and with the maintenance & support of the survivor of them dur =ing the life of the said survivor: and also is to be a home for their sisters as long as they or any/either of them remain single & unmarried 3d. I give and bequeath to my nephew John Shields son my afore said brother William one half of the factory on Eno in the County of Orange now belonging to me erected and built on a piece of land known as the Benfield place together with one half of the land machinery, appendages and appurtenances thereunto in anywise belonging: also two and twenty share of stock in the bank of Cape Fere and six share of stock in the North Carolina Rail road Com= pany and also my negro woman Sibby to have and to hold to the said John Shields his heirs executors administrator and assigns forever [page 2] [top of this page cut off in the image, so this text is taken from the will book copy from Guilford County] 4th I give and bequeath to my nephew James Shields, son of my aforesaid brother William two shares of stock in the Bank of Cape Fear [returning to loose will] and one share of stock in the North Carolina Rail Road Company in addition to what I have given to him as above to have and to hold to him his heirs and assigns forever 5th I give and bequeath to my nephew Charles Shields son of my aforesaid brother William one share of stock in the North Carolina Rail road company and seventeen Shares of stock in the Bank of Cape Fear to have and to hold unto him his heirs executors and admin istrators forever 6th I give and bequeath to my nephews William Shields & Joseph Shields sons of my aforesaid brother William Shields one share each of stock in the North Carolina Rail Road Company five shares each of stock in the Bank of Cape Fear to have & to hold to each of them their heirs executors and administrators forever 7th I give and bequeath to my nieces Mar, Martha, Rachel Julia, Hybernia and Nancy Shields daughters of my brother Wm T Shields one hundred dollars each to be paid to them one half by my nephew John Shields one third of the other half by my nephews[sic] James Shields and the residue by my nephews Charles, William & Joseph Shields as soon [as] they shall severally come into the possession of the legacies above given to them and they are to pay interest on the same from the time of my death, to have and to hold unto them their heirs executors administrators and assigns forever 8th I give and bequeath to my niece Martha Shields daughter of my aforesaid brother William T Shields in addition to the above named legacies[sic] of one hundred dollars my gold watch and my negro woman Emily together with all [page 3] [top of this page cut off in the image, so this text is taken from the will book copy from Guilford County] her children now born and hereafter born from the date of this will- the watch to be delivered to her [returning to loose will] immediately after my death and the negro woman Emily and her children and increase not till after the death of her mother Jane Shields wife of my aforesaid brother Wm to have and to hold to her her heirs and assigns forever 9th I give and bequeath to my Nephew Robert M Sloan Snr. of Greensboro five shares of stock in the Bank of Cape Fear to have and to hold to him and at this disposal[sic] his heirs and assigns forever 10th I give and bequeath to my Nephew James Sloan of the town of Greensboro five shares of stock in the bank of Cape Fear in addition to ten shares of stock in the same Bank hereto- fore given to him with a reservatiere[See Note 1] to myself of the dividends during my life and a lot of land in the corporate limits of said town heretofore given him in consideration of my love and affection for him and the trouble and time in acting as trustee and executor of this my will 11th I give devise and bequath[sic] my house and lot in the town of Greensboro whereon I reside and one hundred acres of land on the south side of the town of Greensboro adjoining the land of F M Walker Ralph Gorrell J R McClain and others to my nephews William Shields & Joseph Shields sons of my brother William to have and to hold to them share & share alike their heirs and assigns forever 12th I give and bequath[sic] to my executors hereinafter named my negro woman Harriett and her children George Sidney and James and all her future increase born after the date of this my will to have and to hold to them their executors and administrators in special trust and confidence [page 4] [top of this page cut off in the image, so this text is taken from the will book copy from Guilford County] that they will permit the services and hire of the said negroes to be enjoyed by my nephew John Shields son [returning to loose will] of my brother William for and during the term of his natural life and at this death I give and bequeath the said Harriett and all her children and increase then living to my grand niece Martha daughter of the said John Shields to have and to hold to her her heirs and assigns forever 13 I give and bequeath to my nephew James Sloan of Green= =sboro five shares of stock in the bank of Cape fear to have & to hold to him his heirs executors and administrators in special trust and confidence for the seperate[sic] use and sole benefit of my niece Martha Shields daughter of my brother [illegible See Note 2] Shields and that he will pay over the dividends on said stock to her as they are declared for and during the term of her natural life. And I hereby impower[sic] the said James Sloan to sell the said stock and substitute land in its place or any other property at such time as he may deem the interest of my said niece may be promoted thereby which land or other property is to be held in the same way and upon the same trusts as are herein declared for said stock and at the death of the said Martha I give the said stock or land or fund in whatever it may consits[sic] to the children of the said Martha then living if any and if none to her next of kin and I hereby direct the said trustee to convey the same accordingly [page 5] [top of this page cut off in the image, so this text is taken from the will book copy from Guilford County] 14 The residue of my Bank stock viz fifteen shares I give and bequeath to my Executors hereinafter named to have [returning to loose will] and to hold to them and the survivors of them his heirs executors and administrators for & during the term of the natural life of my brother William T Shields in trust and confidence that they and the survivor of them shall from time to time secure the dividends upon said stock as they are declared and pay over the same sum annually to my said brother as long as he shall live and at his death I give and bequeath the said fifteen share of stock to nephew John Shields son of my brother William to have and to hold to him and his heirs absolutely forever 15 I give and bequeath to my nephew James Sloan of Greensboro my negro woman Emily and all her children now born and all her increase after the date of this will to have and to hold to him his heirs Executors and administrators in trust & confidence nevertheless that he will permit Jane Shields wife of my brother William to have the use and possession hires of the said Emily and her children during the term of her natural life to her seperate[sic] use and sole profit free from any con =tracts debts liability and encumbrances of her husband the aforesaid William and at her death (the said Jane) I allow the said negro girl Emily and all her increase then living to go to my niece Martha Shields as above specified 16th I give and bequeath to my brother Wm T Shields all my notes bonds and obligations for money which I hold upon him & direct the same to be delivered to him at my death [page 6] [top of this page cut off in the image, so this text is taken from the will book copy from Guilford County] 17th I give and bequeath my negro woman Ann and her son Robert and child Martha and all her children born after the date of this my will [returning to loose will] to my niece Mary C. Shields to have and to hold to her sep= arate use and sale benefit and free from contracts debts of encumbrance to be made my any future husband which she may marry absolute and forever 18th I give and bequeath to my nephews John, James, William Charles & Joseph Shields sons of my aforesaid brother Wm one silver soup spoon one half dozen silver table spoons one silver cream ladle one dozen silver tea spoons & one silver butter knife equally to be divided among them share and share alike from and after the death of their mother Jane Shields to whom sole and seperate[sic] use and sole benefit free from any contract of her husband all the above named articles of plate are hereby given for and during the term of her natural life 19th I give and bequeath to my nieces Mary, Martha, Rachel Julia, Hybernia, & Nancy Shields daughters of my aforesaid brother William the other half of my factory in the County of Orange on Eno erected & built on a parcel of land known as the Benfield Tract or place together with one half of all the land machinery appendage and appurtenances thereto to have & to hold to them and each of their seperate[sic] use and sole benefit and profit clear and free from any debt contract agreement or encumbrance of their or either of their future husband or husbands [page 6] [top of this page cut off in the image, so this text is taken from the will book copy from Guilford County] 20th I give and bequeath to the above named Mary, Martha, Rachel, Julia, Hybernia and Nancy Shields all the rest [returning to loose will] and residue of my Estate real & personal consisting prin= cipally of hous[e]hold & Kitchen furniture, plate and silver ware and my ward robe to be equally divided among them share and share alike to them and each of them their heir executors administrator forever 21st I hereby constitute and appoint my nephew James Sloan of the town of Greensboro & Ralph Gorrell of the same place the executors of this my last will and testament to execute and carry into effect according to the true intent there of and according to law And I hereby revoke and disannull all other & former last wills & testament by me heretofore made and declare this and this only to be my last will and testament. In testimony whereof I have hereunto set my hand & seal this the day and date first above writ[t]en Signed and published and declared by the said Martha Moderwell in our presence to be & contain her last will & testament who in her presence have hereunto subscri[bed] our names as witnesses Jesse H Lindsey Martha Moderwell (seal) R G Lindsey Additional Comments: Guilford County Will Book Volume D, pages 347-352 Recorded Nov 1867 (Guilford County), file no 01269 Many "i"s not dotted, so it makes it a bit harder to transcribe literally. Surname looks like Moderwell, although it could be Moderwill Note 1: reservatiere is the French word réservataire meaning an heir who cannot be completely disinherited, and in this usage, the testator is reserving some rights to the property during her life Note 2: Two Martha Shields are mentioned elsewhere in the will - one the daughter of John Shields and the other the daughter of William Shields... What is written here looks like "William" written over "John" or "John" written over "William". Estate Papers comprise 27 pages and are found in a folder labeled "Moderwell, Martha (1879)" Testatrix died in 1867. Although this will was written prior to the start of hostilities, it was not proved until after emancipation. The included transcription of "Estate Papers - Award of William A Graham" contains the family history that was found in that document, however if there is interest in this lineage and / or interest in details concerning this estate. The will, written before the beginning of the civil war, and the estate being settled after, may prove of interest to historians. [Estate Papers - Award of William A Graham 29 May 1872] State of North Carolina Award of William A Graham Whereas sundry matters in difference between the Devisees and legatees under the last will & testament of Mrs Martha Moderwell Decd. namely William T Shields, Joseph H Shields, John C. Shields, Mary C Shields, David Vickers & Rachel his wife, Nathan Couch & Martha his wife John Couch & Julia his wife, Hybernia Shields & Nannie Shields, have been referred to me, for my decision and award as an arbitrator by written articles of agreement under the hands & seals of the parties dated the 9th day of August A.D. 1870. I caused the said parties to appear before me at my office in Hillsborough after due notice, on Wednesday the 29th of May 1872 at which time John W Graham & J. R. Strayhorn appeared as their Attornies[sic] Shields appeared also in person: and I proceeded to here[sic] the allegations admission and proofs of the several parties from which I find 1st That said will was executed on ____ day of September 1859 that the testatrix died in October 1867 and the said will was duly proved and allowed, at November term of Guilford County Court in the same year 2nd That divers provisions of the same making dispositions of negro slaves and of stock in bank of Cape fear, had became[sic] nugatory, by reason of the intervention of the cival[sic] war. and the emancipation of the slaves. [page 2] 2 and of stock in the Bank of Cape Fear, had became nugatory, by reason of the cival war and the emancipation of the slaves and the failure of the Bank before the death of the testatrix [seems to repeat the last few lines] 3d That James S Shields and Charles C Shields two of the principal devises and legatees under said will departed this life before the death of the testatrix whereby she died intestate as to the property real and personal devised and bequeathed to them 4th That although there was but an inconsiderable amount of indevledness[?] against the said estate on the account of the testatrix, there ware large debts by reason of her suretyship for the firm of J & R & J Sloan who ware duly discharged therefrom as bankrupts, whereby it became necessary to sell a considerable portion of the real estate of the testatrix, and under a license obtained by the Executor according to the statute in such case provided, he did sell the Mansion & Store House & lots in the town of Greensborough[sic], and some twenty acres of the tract of land adjoining the said town belonging to said estate, all which was devised to the said Joseph H & William T Shields Jr. 5 That by mutual agreement of the said legatees, the Executor was required to make no sale of the personal estate but has delivered over the Furnature[sic] and plate of the estate, and it has been satisfactory distributed among the female legatees, the spectacles and watch of the testatrix having been stolen & never came to his hands [no further family history found]