Orange County NcArchives Wills.....Moore, John May 6, 1800 ************************************************ 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 D, pages 27-28 Written: May 6, 1800 Recorded: Feb 1801 Testator: John Moore [Loose Will] In the Name of God Amen, I John Moore of the County [of] Orange and State of North Carolina being Weak in body but of perfect mind and memory thanks be given unto God for the same, calling unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of all. I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried a decent Christian burial at the discretion of my executor nothing doubting but at the general resurrection I Shall receive the Same again by the mighty power of God. And as touching such Worldly estate wherewith it has pleased God to bless me in this life I give demise and dispose of the Same in the following manner and form First I Lend to Clary Moore my dearly beloved Wife all that track[sic] of Land and plantation whereon I now live together with all my stock and household furniture more than what will discharge my Just debts the rest of my land to be rented to cearfull hands not to be abused and the rents to interest of not wanting for the Use of the famely[sic] Also I give each of my Children as they Shall ar[r]ive to lawful age the following articles Vz one Hors[e] one cow & Calf one feather Bed and furniture the horses to be of eaqual Val[ue] and at the death or Marr[i]age of my sd. wife, or when my youngest child shall arive[sic] to lawfull[sic] age all the remaneing part of my estate to Be eaqually Devided betwen my Wife and all my children Also I likewise constitute make and ordain my well beloved Brother James Moore and my Trusty Friend James Martin and my Beloved wife Clary Moore the Sole executors & Executrix of this my last will and testament And I do hereby utterly disalow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in any wise before named willed and bequeathed, ratifying and confirming this and no other to be my last will and testament In Witness whereof I have hereunto set my hand and Seal this sixth day of May in the year of our Lord one thousand eight hundred. Signed sealed published pronounced and declared by the said John Moore as his last will and testament in the present of us who in his John Moore (seal) presents and in the presence of each other have hereto subscribed our names James Lindsey John Martin } Jurat Exrs Qualified [Will Book Volume D, page 27] In the Name of God Amen, I John Moore of the County [of] Orange and S[t]ate of North Carolina being Weak in body but of perfect mind and mem- ory thanks be given unto God for the same, Cal[l]ing unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of all. I give and recommend my soul into the hands of almighty God that gave it and my body I recommend to the earth to be buried a decent christi- an burial at the discretion of my executor nothing doubting but at the General resur rection I Shall receive the Same again by the mighty power of God. And as touching such Worldly estate wherewith it has pleased God to bless me in this life I give demise, and dispose of the same in the following manner and form. First I lend to Clary Moore my dearly beloved Wife all that track[sic] of Land & Plantation Whereon I now live together with all my stock and household fur- niture more than what will discharge my Just debts the rest of my land to be Rented to carefull hands not to be abused, and the rents to interest of not wanting, for the use of the family -- Also I give each of my children as they shall ar[r]ive to lawful age the following articles Viz, one horse one Cow and Calf one feather bed and furniture [orig: the horses] to be of equal Value, and at the death or Mar[r]iage of my said Wife, or when my youngest Child shall arive to Lawfull age all the remaining part of my estate to be equally divided between my Wife and all my Children --- Also I likewise Constitute make and ordain my well beloved brother James Moore and my trusty friend James Martin and my beloved Wife Clary Moore the Sole executors and Executrix of this my last Will and Testament -- And I do hereby utterly disallow revoke and disanull all and every other former Testaments Wills legacies bequests and Executors by me in any Wise before named Willed and bequeathed ratifying and Confirming this and no other to be my last Will and Testament In Witness whereof I have hereunto set my hand and seal this sixth day of May in the year of our Lord one thousand eight hundred. -- Signed sealed published pronounced and declared by the said John Moore [NB: line in orig skipped: "as his last will and testament in the present of us who in his"] presents and in the presence of each other have hereto subscribed our names [Will Book Volume D, page 28] James Lindsey John Moore (seal) John Martin Orange County Febry. Term 1801 The Execution of the foregoing last Will and Testament of John Moore decd. was duly proved in open Court by the oaths of James Lindsey and John Martin subscribing Witnesses and ordered to be record -- At the same time James Moore James Martin and Clary Moore Executors therein Nam'd qualified ac[c]ordingly. Test Additional Comments: Will Book Volume D, pages 27-28 Recorded Feb 1801 Loose will is somewhat faded. Estate Papers comprise 17 pages and are found in a folder labeled "Moore, John (1801)". Land partition was made in 1821. [Estate Papers - Petition to Re-Partition Land May 1821] State of North Carolina } Orange County } May Term 1821 To the Worshipful the Justice of the Court of Pleas and Quarter Session for Orange County, The Petition of Clara Moore Widow & relict of John Moore late of Orange County Deceased, Also of David Moore and Jonathan Moore, Children of Said Deceased - Against Ruffin Moore Charley Moore & Green Moore Children of James Moore Deceased, And also Against Susannah Moore, Widow & Relict of Said Jones - Humbly Sheweth, that John Moore late of the County of Orange departed this Life in or about the Year 1801, having previous published in Writing his last Will, duly attested to pass his Real estates, which Since his Death hath been proved in this Worshipful Court & Recorded -- That in and by the Said Will, to which your Petitioners refer for greater Certainty, the Testator devised the Tract of Land and Plantation on which he lind[lent] to your Petitioner Clara Moore, and directed the residue of his Lands to be rented out Until his youngest Child Should arrive at age, when they were to be equally divided between your Petitioner Clara, and her Children -- The Testator left the following children, to Wit, James Moore William Moore, Jane Since intermarried with Thomas Steele, David Moore & Jonathan Moore, all Minors under the Age of twenty one Years -- that the Testator died Seized of Sundry Tract of Land all adjoining each other, Situate in Orange County & on Haw River and Colin's Creek, and containing 468 Acres or thereabout , and the Tract (on which [page 2] on which he lived and which he devised to you Petitioner Clara, contain one hundred and fifty Acres or thereabouts -- That your Petitioner Clara being anxious to promote the Interest of her Children, Agreed in the Year 1809 to be content with a Child's Part of the Said Lands, and to have the whole of the Lands aforesaid equally divided among her Children and herself; And to carry this Agreement into effect, (her sons James Moore and William Moore being then of full age,) she employed Jonathan Lindly to Survey and make Partition of the Said Lands; And the Said Jonathan on or about 7th September 1809 did Survey the said Lands,, and made Partition thereof, marking out to Your Petitioner and to each of her Children aforesaid a Lot, containing as he then supposed about 78 Acres -- That each took possession of the Lot So marked out for ??? her , and hath occupied the Same - That Since the Said Partition, William Moore and Thomas Steele and Jane Steele his Wife, have Sold their Lots to James Moore; and the Said James Moore hath lately died intestate, leaving Susannah Moore his Widow, and the following Children, Ruffin, Charly, James & Green, all Minors under the Age of twenty one Years, and James hath Since died intestate and without Issue; So that the said Ruffin, Charley & Green now hold by Descent three Lots marked out by the Said Jonathan Lindly as aforesaid, in which Susannah their Mother is entitled to Dower, which hath been duly assigned to her -- That now, Jonathan the youngest Child of the Testator John Moore hath arrived to full age, and it hath been discovered that the Partition made by the Said Jonathan Lindly was defective for the purposes intended by it, inasmuch as the Heirs & Devisees ( of the [page 3] of the said Testator were not all of full age when the Said Partition was made, and the minors had no guardian, and mutual Conveyances in Severalty could not be made by the Said Tenants in Common - And it hath also been discovered that the Said Partition was erroneous in fact, and that the Lots marked out to your Petitioners Clara, David and Jonathan do not contain as was intended, 78 Acres each. Your Petitioners further Shew that at the Time of the Said Partition the Several Lots were valued, and the Lots of Superior Value were charged with the Payment of Such Sums to the Lots of inferior Value, as made the Dividends equal & the Payments have been made accordingly They further shew that they are content with the Said Partition in all things except as to the Deficiency in Quantity in their respective Lots, which happened by ??? Mistake in the Said Lindly, and they do not wish to disturb the general Allotment which hath been made, but to have the Said Mistake corrected, and Such legal form given to the Partition of Said Lands as will enable each Tenant to hold in Severalty and to make out a legal title to his or her Lot -- And Your Petitioner Clara, for the Consideration aforesaid and also for the further Consideration of five Shillings to her in Hand paid, hath given, granted, bargained, Sold and Released, & by these Presents doth give, grant, bargain, Sell & release to her Children aforesaid all her Right, Title, Interest, Claim or Demand in and to the Said Land, except So much thereof as may be allotted to her as a Childs Part thereof -- And your Petitioners David Moore and Jonathan Moore for the Consideration of five Shillings to them in hand paid, have Released and by these Presents do Release to the Executor of the last Will of the Testator Aforesaid, All Claim or Demand for Rents, Species[?], or Profits of the Said Land heretofore Received or which ought to have been received by them ----- Your Petitioners further shew that Caleb Lindsay hath been appointed by this Worshipful Court Guardian of (the [page 4] the Aforesaid Ruffin, Charly and Greene Moore, -- And they pray Your Worships to appoint five Freeholds to make Partition of the Lands aforesaid Under the Order of his Worshipful Court, observing? as far as the Same can be done, in effecting an equal Division,the Partition made by he Said Jonathan Lindly: And You Petitions will ever pray --- her Witness Clara (X) Moore (seal) A. D. Murphy mark Jonathan Moore (seal) Davie Moore (seal)