Orange County NcArchives Wills.....Montgomery, Sarah August 20, 1844 ************************************************ 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 233-235 Written: August 20, 1844 Recorded: Nov 1844 Testator: Sarah Montgomery In the name of God Amen I Sarah Montgomery of the county of Orange and State of North Carolina being in sound mind and of disposing memory, do for reasons hereinafter mentioned dispose of cert[a]in property, in the following farm[form] and manner (to wit) 1st ) I will that my body be decently Interred after my death, and a good Head and foot stone made of white marble placed at the Head & foot of my grave, the expenses of which shall be paid out of my estate, 2d )= That all my debts be next paid 3d) I will to my executor (in trust) for the benefit of my Mother Elizabeth Albright during her natural life, and also for the benefit of my four youngest children, Harriet, Carnelia, Barbary & William Until the last one named shall arrive to the age of fifteen years One Negroe boy Henry, a girl Betsy & her increase, Then or after Mothers death they shall be sold to the hiest[sic] bidder and the proceeds of the sale thereof be eaqually divided among all my children, If however the above named negroes should become disobedient, or my executor be so disposed, he may at any time sell them either publicly or privately for a price to less than is common for = [page 2] - such slaves at the time of said sale, and purchase others or apply the means to the use and comfort of the persons as above stated, provided he shall use all possible means or care to preserve the whol[e] amt or as much of the principal of said sale to be divided as heretofore specified, 4th) He my executor after my death may sell off the rest of my property or such portion of it as he may thing necess- - ary. except so much as may be --- hereinafter devised, or keep the whole together for the benefit of the minor children until the youngest shall become to be 15 years old. then to be sold and the proceeds divided among all my children share and share alike 5th) I give to Carnelia Barbary & William each one bed and stead to be selected by my executor, I constitute & appoint my son Daniel A Montgomery as executor to execute this my last will and testament in witness whereof I have her[e]unto set my hand and affixed my seal August 20th 1844 -------------------- Sign'd or ack'd in prense of } Sarah Montgomery (seal) James R Montgomery } Jurat } Hiram Whitsell } Exr qualifd [Will Book Volume F, page 233] In the name of God Amen I Sarah Montgomery of the county of Orange & State of North Carolina being in sound mind & of disposing memory do for reasons herein after mentioned dispose of certain property in the following manner & form (to wit) 1st I will that my body be decently Interred after my death & a good head & foot stone made of white marble placed at ~~~ [Will Book Volume F, page 234] the head & foot of my grave the expenses of which shall be paid out of my estate 2nd That all my debts be [next] paid 3d I will to my executor (in trust) for the benefit of my Mother Elizabeth Albright during her natural life & also for the benefit of my four youngest children, Harriet Cornelia Barbary & William until the last one named shall arrive to the age of fifteen years one negro boy Henry a girl Betsy & her increase Then or after mothers death they shall be sold to the hiest[sic] bidder & the proceeds of the sale thereof be equally divided among all my Children If however the above named negroes should become disobedient or my executor be so disposed he may at any time sell them either publicly or privately for a price to less than is common for such slaves at the time of said sale & purchase others or apply the means to the use & comfort of the persons as above stated provided he shall use all possible means or care to preserve the whole amt or as much of the principal of said sale to be divided as heretofore specified 4th He my executor after my death may sell off the rest of my property or such portion of it as he may thing necessary except so much as may be herein after devised or keep the whole together for the benefit of the minor Children until the youngest shall become to be 15 years old then to be sold & the proceeds divided among all my children share & share alike 5th I give to Cornelia Barbary & William each one bed & stead to be selected by my Executor I Constitute & appoint my son Daniel A. Montgomery as Executor to execute this my last Will & Testament in witness whereof I have hereunto set my hand & affixed my seal August 20th 1844 Sign'd or ack'd in prese of } Sarah Montgomery (seal) James R Montgomery } Hiram Whitsell } [Will Book Volume F, page 235] Orange County Nov Term 1844 The Execution of the foregoing last Will & Testament of Sarah Montgomery Decd. was duly proved in open Court by the Oaths of James R. Montgomery & Hiram Whitsett the subscrib- ing witnesses thereto & ordered to be recorded At the same time Daniel A. Montgomery the Executor therein named appeared in open Court & qualified Accordingly Test Additional Comments: Will Book Volume F, pages 233-235 Recorded Nov 1844 Estate Papers comprise five pages and are found in a folder labeled "Montgomery, Sarah (1846)". The inventory mentions slaves by age. No further information in estate papers, no names, no account of the sale. While it is possible that the "boy" and "girl" enslaved persons listed in the will are the younger two persons listed in the inventory, it is more likely that the "boy" Henry, listed in the will, age 23 at the time, is the 25 year-old man listed in the inventory of 1846. Likewise, Betsy the "girl" in the will, age 16 at the time, is the 18-year-old woman in 1846. After further analysis, the inventory was returned in 1846. The date it was taken is not listed, but the slaves were sold 24 Nov 1844, so the ages listed in the inventory are more likely the ages in 1844... [Estate Papers - Inventory Returned Feb 1846] An Inventory of the personal property of Sarah Montgomery decd. which came into the hands of Daniel A. Montgomery her Executor [sundry articles omitted] 1 Negroe Man 25 Year old 1 Negro Woman 18 2 Children 12 & 4 months [Note that this inventory was returned in 1846, but the slaves were sold in 1844] [Estate Papers - Account Feb 1846] Daniel A Montgomery Executor of Sarah Mongomery deced In Acct with the Estate 1844 Nov 24 To cash received for 4 Negroes Sold $1800.00 [other items omitted]