Orange County NcArchives Wills.....Murdock, Margaret April 24, 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 Written: April 24, 1837 Testator: Margaret Murdock State of North Carolina } Orange County } Sct In the name of God Amen: I Margaret Murdock of the County of Orange in the state aforesaid, do make publish and declare this to be my last will and Testament in manner and form follow= ing to wit: 1. I wish all my Just debts to be paid. 2. It is my will and desire, that my plantation known as the 'Jim Murdock place', on which Joseph Steel now lives, be advertised by my Executor, publikly, for the space of thirty days and publicly sold to the highest bidder, on Such Credit as my Executor my deem best, and it is my will that the money arising from said sale be appropriated in part to the paying off my debts. 3rd. It is my will and desire, that my Negro Man Ben be valued by three men hereinafter named,- 4. I also will that Milley, Kezia, Ben and Bob be in like manner valued & sold as aforesaid, and after paying off all my Just debts, it is my will and desire that all the balance remaining after defraying all my debts and ex =penses be disposed of as follows to wit: 5. I give unto James Murdock, Sally Murdock Peggy Murdock and Morgan Murdock, Children of my Son James Murdock (Deceased) Twenty five Dollars each 6. I will unto my Daughter Nancy Steel one Cow called Pink. 7. I will all of my horses cattle and stock as well as household and Kitchen furniture to be sold & farming utensils 8. I give unto Martha Craig one of my Cows. 9. It is my will and desire that each of my Negroes have choice of homes and that none be expo =sed to public Sale, but valued as above directed. 10. I will my Negro woman Pat to Andrew Craig ["to" erased] and request him to take care of her in her old age, but if ["Andrew Craig" x-out] Pat is not willing to go to Andrew Craig ["11." x-out] I wish her to make such a choice amongst [page 2] the heirs as is most Satisfactory to herself. 12. It is my will and desire that whatever balance of my estate there remain, after my executor has dis =charged all of my Just debts - I give unto unto[sic] my friend Samuel Kerr, all the residu[u]m or balance of my estate as Trustee for my daughter Jane Craig, and the Said Samuel Kerr as Trustee may at any time or times take possession of said residum or balance of my estate It being my intention that the Same be not ["be" x-out] subject to the debts of my said daughter Jane Craig. 13. It is my will and desire that Samuel Kerr, act as Trustee aforesaid and James A. Craig be executor of this my last will and Testament Signed, sealed, published and } declared as the last will of } Margaret Murdock in the pres } Her ence of us, who have become sub } Margaret (X) Murdock (seal) =scribing witnesses, thereto at her } mark request,: this the 24th day of April } Anno Domini 1837. } Test } John Tate } } } } Mary Eliza Lynch } } [page 3] State of North Carolina } Orange County } I, Margaret Murdock of the County of Orange and state aforesaid, do on this the 20th day of April in the year of our Lord 1838, make publish and declare this to be an appendix to my last will and ["Codicil" x-out] Testament. Whereas in my last Will & Testament I made a bequest to the Children of my deceased Son James Murdock ["deceased" x-out] but in Consequence of there being larger claims against my estate than What I had expected I do therefore revoke the bequest to Said grandchildren. It is my will and desire that whatsoever balance of my estate there may be left after ["defraying all" x-out] paying off all Just claims against my estate - and settling the several bequests mentioned in my last Will (With the above exception viz as regards the bequest to James Murdock's children, [erase] I give and bequeath to Samuel Kerr, nevertheless in trust for the use and benefit of my daughter Jane Craig, and it is my will that the Said Saml. Kerr take possession of said balance into his hands and dispose of for the use and benefit of said Jane Craig and it is my express will and desire that none of said bequest be subject to any of said Jane Craig's debts. It is my will and desire that James A Craig be Exr of this my ["last will" x-out] Codicil. her Signed sealed published & declared by the Said } Margaret (+) Murdock Margaret Murdock in our presence as a } Codicil to her last will & Testament } Test John Tate } Mary Eliza Lynch Additional Comments: Not found in will books. Estate Papers comprise 74 pages and are found in a folder labeled "Murdock, Margaret (1837)". The will was disputed. Court of Pleas and Quarter sessions rendered judgment that the will was her true will, but it was appealed to the Superior Court. Their ruling was not found, but assumed to be that the will was denied and thus not recorded. Jane Craig was also known as "Jinny" [Estate Papers - Court Proceeding Nov 1838] State of North Carolina At a Court of Pleas & Quarter Sessions began & holed for the County of Orange at the Court House in Hillsborough on the 4th Monday in November A.D. 1838 A Paper Writing purporting to be the last Will and Testament of Margaret Murdock Decd. with the codicil was produced in open Court for Probate by Jane Craig - whereupon James A. Craig who is named as Executor in said Will & Codicil appeared in open Court & renounced his office & appointment as Executor aforesaid & all his right & Interests appertaining thereto -- Which renunciation was accepted by the Court --- And it being suggested to the Court that said Paper Writing is not the last Will & Testament of said Margaret Murdock Decd. by some of the next kin (To Wit) Andrew C. Murdock James Murdock Mary Ann Murdock James Wyatt & Elizabeth his wife Sarah Murdock Margaret Murdock Nancy Steel Alfred Murdock & Harriet Murdock - It is therefore ordered by the Court that an issue be made up to try whether the said Paper Writing is the last will & Testament of said Margaret Murdock Decd. & whether by the said Paper Writing she did devise & bequeath as therein stated and that said issue be made up between Jane Craig of the one part and the said Andrew C. Murdock James Murdock Mary Ann Murdock James Wyatt & Elizabeth his wife Sarah Murdock Margaret Murdock Nancy Steel Alfred Murdock & Harriet Murdock of the other part - But the parties being not ready so the said cause was continued until Feby Term A.D. 1839 when cane the parties by their attorney's & came also the following Jury viz William Faucette William Tarpley William Thompson John Crawford Henry Anthony Lemuel W Simpson Willis Sellars William Caruthers William Patterson Francis Wilkerson Israel Turner & Sutherland May who being impaneled & sworn find that the Paper's writing are the last will & Testament of Margaret Murdock Dec & was duly published by her as such in the following words and figures. Viz. State of North Carolina Orange County In the name of God Amen. I Margaret [page 2] Murdock of the County of Orange in the state aforesaid do make publish & declare this to be my last Will & Testament in manner & form following Viz: 1 I wish all my Just debts to be paid. 2. It is my will & desire that my plantation known as the Jim Murdock place on which Joseph Steel now lives be advertised by my Executor, publickly for the space of thirty days and publickly sold to the highest [blot out] bidder on such credit as my Executor my deem best: and it is my will that the money arising from said sale be appropriated in part to the paying off my debts. 3rd It is my will & desire that my Negro Man Ben be valued by three men hereinafter named, 4th I also will that Milley Kezia Ben and Bob be in like manner valued & sold as aforesaid, and after paying off all my Just Debts It is my will & desire that all the balance remaining after defraying all my debts and Expenses be disposed of as follows to wit. 5. I give unto James Murdock Sally Murdock Peggy Murdock & Morgan Murdock children of my son James Murdock Decd. Twenty five Dollars Each. 6. I will unto my Daughter Nancy Steel one Cow called Pink. 7. I will all [of] my horses, cattle, & stock as well as household & Kitchen furniture to be sold & farming utensils 8. I give unto Martha Craig one of my Cows 9. It is my will and desire that each of my negroes have choice of homes and that none be exposed to public sale but valued as above directed 10. I will my Negro Woman Pat to Andrew Craig and request him to take care of her in her old age, but if Pat is not willing to go to Andrew Craig I wish her to make such a choice amongst the heirs as is most satisfactory to herself. 12. It is my will & desire that whatever balance of my Estate there remain after my Executor has discharged all of my Just Debts. I give unto my friend Samuel Kerr all the residuum or balance of my Estate as Trustee for my Daughter Jane Craig and the said Samuel Kerr as Trustee may at any time or times take possession of said residuum or balance of my Estate It being my Intention that the Same be not subject to the Debts of my said daughter Jane Craig. [page 3] 13. It is my will and desire that Samuel Kerr, act as Trustee aforesaid and James A. Craig be Executor of this my last Will & Testament Signed, sealed, published and } declared as the last will of } her Margaret Murdock in the } Margaret (X) Murdock (seal) presence of us, who have become } mark subscribing witnesses thereto at } her request: this the 24th day of April } Anno Domini 1837. } Test John Tate Mary Eliza Lynch State of North Carolina } Orange County } I, Margaret Murdock of the County of Orange and State aforesaid, do on this the 20th day of April in the year of our Lord 1838 make publish and declare this to be an appendix to my last Will & Testament. Whereas in my last Will & Testament I made a bequest to the children of my deceased son James Murdock but in consequence of there being larger claims against my Estate than What I had Expected I do therefore revoke the bequest to said grand children It is my will & desire that whatsoever balance of my Estate there may be left after paying off all Just claims against my Estate & Settling the several bequests mentioned in my last Will with the above exception viz. as regards the bequest to James Murdock's children I give & bequeath to Samuel Kerr nevertheless in trust for the use & benefit of my daughter Jane Craig, and it is my will that the said Saml. Kerr take possession of said balance into his hands and dispose of for the use & benefit of said Jane Craig and it is my Express will & desire that none of said bequest be subject to any of said Jane Craig's debts - It is my will and desire that James A Craig be Executor of this my Codicil [page 4] Signed sealed published & declared by } the said Margaret Murdock in our } presence as a Codicil to her last Will } her & Testament } Margaret (+) Murdock Test John Tate mark Mary Eliza Lynch And that she did devise & bequeath as therein set forth - And Judgment of said Court was thereon rendered accordingly But the said Nancy Steel & others being dissatisfied therewith prayed an appeal to Orange County Superior Court of Law & entered into Bond with James C Turrentine & James Thomas Securities J Taylor CofCC [Estate Papers - Deposition of Thomas Scott 24 Apr 1840 (modern spellings)] [top portion obscured] ... from the Superior Court of Said County impow= -ering us to take the Deposition of Thomas Scott Esqr. to be read in evidence in the Suit now pending in Said Court Wherein Jane Craig is plaintiff & Andrew Murdock and others defendants. We have this day cause the said Thomas Scott to appear before us in the store House kept by the said Scott at Ruffins Mills in Orange County. One this 25th day of April 1840 and the Said Scott being duly Sworn deposeth and says he is aged about Sixty Seven Years of age[sic]. that he was well acquainted with Margaret Murdock Decd. And that his acquaintance commenced before he was grown. That ins the early Part of April 1837 he was in Company with the Deced. at her Dwelling house and had considerable conversation with her that she then had the appearance of being Very aged and infirm and had lost her hearing to such an extent that it was Very difficult to make her understand that she could more easily understand when spoken to by one of the family - That she spoke of Writing her will, and requested him to write it for her observing that after her debts were paid she would have very little property left that her Daughter Jane Craig had been Very good to her in her old age and that she desired he[r] daughter Jane should have the balance of her property that remained after the payment of her debts That Jinny was in debt herself and the property which she might leave her would be taken to pay those debts, She requested that he property might be willed to her friend Samuel Kerr for the benefit of Jinny that the deponent [page 2] observed to Mrs. Murdock that he was doubtful whether he could write such a Will in proper form that he understood then was a bad state of feeling existing between Jane Craig and her sister Nancy and that an attempt might be made to break the will and advised her to apply to Doctor Craig who was better acquainted with such matters - This deponent further states that some time after the visit mention[ed] above he was again at her house and had further conversation with her that she observed that she was indebted to James Mebane Senr. that said Mebane had desired her to Secure his debt by a conveyance of her property in trust - that she had declined giving such a conveyance that a claim which this deponent had upon her was not also secured in the trust that she did that day sign a deed in trust to secure said debts which was due A T Bracken & Co. And of which this deponent had the control -- This deponent further States that on the first visit spoken of above in the early part of Apr. 1837 supposing from her age and apparent infirmity that she might not be acquainted with the increased value of Slaves at that time or indeed the value of any property and in order to ascertain the correctness of her impressions her[sic] proposed to by of her a small negro girl which in former times could have been bought for one hundred dollars and offered her that[the] sum of two hundred dollars - she observed that she could not sell her that she was her little maid but if she were to sell her she would not take less than two of three times the amount offered Thos. Scott We the undersigned Certify that the above Deposition was taken before us Saml. N. Tate & Johnathan K. Gant acting Justices of the Peace for the County of Orange as set forth in the caption thereto as Witness our hands [page 3] and seals this 25th day of April 1840 Saml. N. Tate JP (Seal) Johnathan K. Gant JP (Seal)