Orange County NcArchives Wills.....Murphey, Martin September 26, 1848 ************************************************ 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 432-433 Written: September 26, 1848 Recorded: Aug 1849 Testator: Martin Murphey I Martin Murphey[sic] of the County of Orange and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following that is to say First That my executor (Herein after named) shall provide for my Body a decent Burial Suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts, Howsoever and to whomsoever owing Out of the monies that may first come into his hands as a part or parcel of my estate Item I give and devise to my Beloved wife Polly Murphy[sic] the tract of land whereon I now live so as to include all improvements and appertainances[sic] to have and to Hold to her the said Polly Murphy for and during the term of her natural life in satisfaction for and in lieu of her dower ["of" x-out] and thirds of & in all my real estate & at her decease to be disposed of as is herein after directed also all my stock of all kinds; Household and Kitchen furniture farming tools shop tools all the crop on hand inculding[sic] all growing crops of all sort together with all my personal estate to be hers during her natural life & then to be disposed of as I shall hereinafter direct Item After the death of my wife Polly Murphy and the Payment of all funeral expenses and her Just debts my will and disire[sic] is that all the property both real and personal as is above willed and disposed of be given and is hereby bequeathed to Tempy Barton to have and to hold to her and her heirs in fee simple forever. Item And whereas the said Tempy Baron is a minor [page 2] Therefore my will and desire is that my friend Henry Whitted is hereby Constituted & appointed Guardian of her the said Tempy Barton to have and to hold the custody and Guardianship of her estate until she shall arrive at the full age of twenty one Years And lastly I do hereby appoint my trusty friend Henry Whitted my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and every clause thereof - hereby revoking and declar ing utterly void all other wills and testaments by me Heretofore made. In witness whereof I, the said Martin Murphey[sic] do hereunto set my hand and Seal this 26 day of September A.D. 1848 Signed sealed and delivered Martin Murphey (seal) in presence of us Geo Laws } Jno Laws } Jurat Exr qualified [Will Book Volume F, page 432] I Martin Murphey of the County of Orange & State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following that is to say First That my executor (Herein after named) shall provide for my body a decent Burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts, Howsoever and to whomsoever owing out of the monies that may first come into his hands as a part or parcel of my estate Item I give and devise to my beloved wife Polly Murphey the tract of land whereon I now live so as to include all improvements and appurtenances to have & to hold to her the said Polly Murphey for & during the term of her natural life in satisfaction for & in lieu of her dower and thirds of & in all my real estate and at her decease to be disposed of as is hereinafter directed also all my stock of all kinds; Household and Kitchen furniture farming tools shop tools all the crop on hand including all growing crops of all sort together with all my personal estate to be hers during her natural life & then to be disposed of as I shall herein after direct Item After the death of my wife Polly Murphey & the pay= ment of all funeral expenses & her Just debts my will and desire is that all the property both real & personal as is above willed and disposed of be given and is hereby bequeathed to Tempy Barton to have & to hold to her & her heirs in fee Simple forever Item And whereas the said Tempy Baron is a minor therefore my will and desire is that my friend Henry Whitted is hereby Constituted & appointed Guardian of her the said Tempy Barton to have & to hold the custody & Guardianship of her estate until she shall arrive at the full age of twenty one years And lastly I do hereby appoint my trusty friend Henry Whitted my lawful executor to all intents & purposes to execute this my last will and testament according to the true intent & meaning of the same, and every part & every clause thereof - hereby revoking & declaring [Will Book Volume F, page 433] utterly void all other wills and testaments by me heretofore made. In witness whereof I the said Martin Murphey do hereunto set my hand and seal this 26 day of September AD 1848 Signed sealed and delivered Martin Murphey (seal) in presence of Geo Laws Jno Laws Orange County May Term 1849 The execution of the foregoing last will & testament of Martin Murphey decd was duly proved in open Court by the Oaths of George Laws & John Laws the subscribing witnesses thereto & ordered to be recorded . At the same time Henry Whitted the Exr therein named appeared & qualified accordingly --- ---- --- --- Test Additional Comments: Will Book Volume F, pages 432-433 Recorded Aug 1849 In loose will copy the surname vacillates between "Murphey" and "Murphy" Left margin of first page of loose will is obscured with conservator's tape. Text was confirmed a compared with will book copy. Estate Papers comprise three pages and are found in a folder labeled "Murphy, Martin (1849)". Contains inventory. No family history found.