Orange County NcArchives Wills.....Moore, Alfred January 6, 1837 ************************************************ 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 503-505 Written: January 6, 1837 Recorded: Aug 1837 Testator: Alfred Moore In the name of God, Amen, I Alfred Moore of the County of Orange and State of North Carolina, do make and ordain this my last will and testament in manner and form following, That is to say; I give devise, and bequeath to my son-in-law Francis Nash, Waddell of the State of Louisiana, the whole of the estate of which I may die possessed both real and personal, for the uses and purposes herein after expressed and declared. - Imprimes - It is my Will, that the whole of my Estate be Kept together, and be undivided till my debts be paid, and for two years after, in the possession, and, under the sole direction and management of my son-in-law Frances, Nash Waddell aforesaid. This, becomes an indispensably necessary act, in consequence of the said Francis having been for many years past, my sole agent, and manger of my affairs; and since circumstances made it necessary that my active property should be removed to the State of Louisiana, he has in the management of that business, and in the purchase of Lands in that state, and in the settlement of my acc= ounts previously to leaving No. Carolina, transferred almost the whole of my debts to himself, and in his own name, and thereby largely involved himself. Justice, therefore as well as common honesty, combine in all the explanations and provisions which will be contained in this my last will and testament, relative to, and in favour of the [page 2] said Francis, N. Waddell - Item, should my sister Sarah L. Moore survive me, and choose to reside in North Carolina, I devise to her my house and plantation called Moorefields in the County of Orange on which I now live, with all the furniture stock, Negroes &c &c In a word just as it shall stand at the time of my death; and, place her in the attitude in which I stood while living, as chief and absolute director and proprietor for and during her natural life, or so long as she shall remain single and unmarried. But, in this bequest I by no means intend to turn my unmarried daughters out of doors, or in the slightest degree to injure them, on the contrary it is my will, that while they remain single and unmarried, they shall have an equal right of residence in the house at Moorefields and use of all its furniture and comforts, as is given their Aunt, my said sister Sarah, and also that their right shall equally extend to the farm and its produce, and all other benefits that may or shall result therefrom My meaning in this bequest, is, simply that my sister shall occupy my place as chief, and things to exist after my death, as they did in my lifetime, to live together in peace and affection as one family, and on one common fund of subsistence - Item. When the period for the division of my estate shall arrive, it is my will, that it shall be at the option or discretion of my son-in-Law Frances N. Waddell and Hugh Waddell, either to divide my negroes share and share alike between all and each of my children, or to retain and keep [page 3] to themselves the whole of my Negroes, and pay in money to my daughters Augusta, Emma, and Caroline, the full value of their respective shares of said negroes had they been equally divided among them. The valuation must be according to the rate negroes sell at when the division takes place. Item. I devise and bequeath the whole of my Real Estate in fee simple to my sons-in-law Frances N. Waddell and Hugh Waddell, they paying nevertheless to my three daughters Augusta, Emma, and Caroline, Three fifths of the value of what would have been their res= pective shares, had the said real estate ["had" x-out] been equally divided share and share alike among all my Children - And as in= convenience might arrise[sic] to the said Francis N. Waddell and Hugh Waddell if compelled to pay at once the value of said shares of real estate, and thereby this devise become an evil, instead of a benefit as is my intention, I therefore direct that the respective shares of my daughters Augusta, Emma, and Caroline; of and in my real Estate, be paid them by the said Frances N Waddell and Hugh Waddell in money, and in three equal annual pay= ments or installments. Item. I have directed my estate to be Kept together for two years after my debts are paid, now, as common justice requires that compensation be made my said son-in-Law Francs N. Waddell for his fidelity and unwearied labours in the management of my affairs when ill health for years prevented my managing them myself, and thereby saved my family from ruin, it is my will and intention, and I hereby direct and declare, that after allowing to each of my daughters [page 4] what in his judgment ( and that judgment shall not be controlled by anyone ) a sufficient and reasonable annual sum during said two years for their support, in conformity with their degree and standing in life as my daughters; the whole residue of the proceeds and profits of my estate both real and personal which shall arise or ac= crue, within and during said two years after my debts are paid, shall be and remain to the separate use, benefit and advantage of the said Frances N. Waddell free and discharged of all liability of account whatsoever - Item. To prevent those odious hateful disagreem= -ents in families which I have witnessed after the death of the head thereof, I hereby declare that the said Francis N. Waddell is not one shilling in my debt, and should he happen to be so at the time of my death, I hereby fully discharge and acquit his of the same. No human being shall call him to account after I am dead relative to his management of or concern with my affairs. If anyone should call him to account, I declare this a receipt in full, and complete discharge to the said Frances N. Waddell. He is too just, generous and virtuous a man to need any coercion of the law. Lastly. I nominate, constitute and appoint my said son-in-law Francis Nash Waddell sole Executor of this my last Will and Testament which is all written by my own hand and dated this 6th day of January in the year of our Lord 1837 Alfred Moore (seal) of Moorefields [page 5] The last will and Testament of Alfred Moore found Among his valuable papers in his Locked trunk by the Subscribers this 1 day of August 1837 & deposited with Edmd. Strudwick for safe keeping John Kirkpatrick E. Strudwick [Will Book Volume E, page 503] In the name of God Amen I Alfred Moore of the County of Orange and State of North Carolina do make and ordain this my last Will and Testament in manner and form following. That is to Say. I give devise and bequeath to my Son-in-law Frances Nash Waddell of the State of Louisiana the whole of the Estate of which I may die possessed both real and personal for the uses and purposes herein after expressed and delivered ~~~ Imprimes ~~ It is my Will that the Whole of my Estate be Kept ~ together, and be [un]divided till my debts be paid and for two Years after in the possession and under the Sole direction and management of my son-in-law Frances Nash Waddell aforesaid. This becomes an indispensably necessary Act in consequence of the said Francis having been for many Years past, my sole agent and manger of my affairs and since Circumstances made it necessary that my active property should be removed to the State of Louisiana, he has in the manage =ment of that business and in the purchase of Lands in that State, and in the settlement of my Accounts previously to leaving No.Carolina transferred almost the whole of my debts to himself and in his own name and thereby largely involved himself. Justice therefore as well as common honesty combine in all the explanations and provisions which will be contained in this my last Will and Testament relative to and in favour of the said Francis N Waddell ~~~~~~~~ Item) Should my Sister Sarah L Moore survive me and choose to reside in North Carolina I devise to her my house and plantation called Moorefields in the County of Orange on Which I now live with all the furniture Stock, Negroes &C &C In a word Just as it shall stand at the time of my death and, place her in the attitude in which I stood while living, as chief and absolute director and proprietor for and during her natural life or so long as she shall remain Single and unmarried, But in this bequest I by no means intend to turn my unmarried Daughters out of doors or in the Slightest degree to injure them, on the contrary it is my Will that while they remain Single and unmarried they shall have an equal right of residence [Will Book Volume E, page 504] in the house at Moorefields and use of all its furniture and comforts as is given their Aunt, my said Sister Sarah, and also that their right Shall equally extend to the farm and its produce, and all other benefits that may or Shall result therefrom My meaning in this bequest is Simply that my Sister Shall occupy my place as chief, and things to exist after my death as they did in my lifetime, to live together in peace & affection as one family, and on one common fund of Subsistence ~~~ Item. When the period for the division of my Estate Shall arrive it is my Will that it Shall be at the option or discretion of my son-in-Law Frances N Waddell and Hugh Waddell either to divide my Negroes Share and Share alike between all and each of my Children or to retain and Keep to themselves the Whole of my Negroes, and pay in money to my daughters Augusta, Emma, and Caroline, X [indicating that the inserted text goes here] [this on an inserted piece of paper] the full value of their respective shares of said Negroes had they been equally divided among them. The valuation must be according to the rate negroes sell at when the division takes place. Item. I devise and bequeath the whole of my Real Estate in fee simple to my son[s]-in-law Frances N Waddell and Hugh Waddell they paying nevertheless to my three daughters Augusta Emma and Caroline Three fifths of the value of what would have been there[sic] respective shares, had the said real estate been equally divided Share and Share alike among all My Children And as inconvenience might arise to the said Francis N Waddell and Hugh Waddle[sic] if compelled to pay at Once the Value of Said Shares of real estate, and thereby this devise become an evil instead of a benefit as is my intention. I therefore direct that the respective Shares of my daughters Augusta Emma & Caroline; [end of inserted piece of paper, continuing on from the "X" above] of and in my real Estate, be paid them by the said Frances N Waddell and Hugh Waddell in money, and in three equal annual payments or installments ~~~ Item I have directed my estate to be Kept together for two years after my debts are paid now as common Justice requires that Compensation be made my said Son-in-Law Francs N Waddell for his fidelity and unwearied labours in the management of my affairs when ill health for years prevented my managing them my Self and thereby Saved my family from ruin it is my Will and intention and I hereby direct and declare that after allowing to each of my daughters what in his Judgment (and that Judgment) Shall not be controlled by anyone) a Sufficient and reasonable annual Sum during said two years for their support in conformity with their degree and standing in life as my daughters; the whole residue of the proceeds and profits of my estate both real and personal which shall arise or accrue within and during said two years after my debts are paid, Shall be and remain to the Seperate[sic] use benefit and advantage of the said Frances N Waddell free and discharged of all liability of account whatsoever Item. To prevent those odious hateful disagreements in families which I have witnessed after the death of the head thereof, I hereby declare that the said Francis N Waddell is not one Shilling in my debt and Should he happen to be so at the time of my death I hereby fully discharge and acquit his of the same. No human being shall call him to account after I am dead relative to his management of or concern with my affairs. If any one should call him to account, I declare this a receipt in full and complete discharge to the said Frances N Waddell He is too Just generous and virtuous [Will Book Volume E, page 505] a man to need any coercion of the law. Lastly. I nominate constitute and appoint my said Son-in-law Francis Nash Waddell sole Executor of this my last Will and Testament which is all Written by my own hand and dateed[sic] this 6th day of January in the year of our Lord 1837 Alfred Moore (seal) Moorefields Orange County August Term 1837 ~~ Additional Comments: Will Book Volume E, pages 503-505 Recorded Aug 1837 Pages in this section of this part of Will Book Volume E are not sequential. The left margin of several of the pages of the loose will was obscured with conservator's tape. When the words that were thus hidden are not obvious, or are ambiguous, those words were verified with the will book copy. This testator is not the same Alfred Moore who served as the NC State Attorney General and was a founder of UNC Chapel Hill, but rather his son who served as Speaker of the North Carolina House of Representatives. The house called "Moorefields" is still standing and is located at 2201 Morefields Road, Hillsborough NC. See https://openorangenc.org/buildings/moorefields The testator and his sister are buried in Moore-Waddell Graveyard at Moorefields Moore, Alfred (b. 1782 - d. 1837) Son of Justice Alfred Moore Moore, Sarah Louisa (b. 14 Oct 1795 - d. 26 Apr 1888) Daughter of Justice Alfred Moore Waddell, Francis Nash (b. 17 Jul 1786 - d. 1 May 1881) (Son of John Waddell and Sarah Nash) Estate Papers comprise 48 pages and are found in a folder labeled "Moore, Alfred (1841)". The only inventory found here was taken by Sheriff James C. Turrentine includes the line "Also a negro woman named Milly." It is unclear when this inventory was taken, however, this sheriff served from 1833 to 1852. It is also unclear why the sheriff would take this inventory. At the time of the inventory, many of the items of furniture, etc., are described as "fine", however livestock is almost absent. Most of the remainder of these papers are court summons.