Orange County NcArchives Wills.....Neal, Henry April 20, 1824 ************************************************ 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 112-115 Written: April 20, 1824 Recorded: Aug 1826 Testator: Henry Neal In the name of God Amen ! I Henry Neal of the County of Orange & State of N C being of Sound and disposing mind and memory do constitute and ordain this my last Will and Testament in manner and form as follows To Wit first I wish to Provide for the payment of all my Just debts as Soon after my decease as possi ble, and for which Purpose I hereby direct as much of my land in the State of Tennessee to be sold by my Executors herein after to be named as will satisfy and Pay all that I owe And I hereby Authorize them to sell and convey as much thereof as Shall be sufficient for that purpose - 2nd I give and bequeath to my Wife Lydia Neal during her life or Widowhood all my estate both real and personal after Paying my debts for the Purpose of Raising and Education my Children - But should she marry I then give her only a Negro woman Eliza & her increase, one bed and furniture 6 head of Hogs two Cows and Calves 6 head of Sheep all of which she is to choose [page 2] and one good Horse Saddle and Bridle to her and her Heirs forever. And I Loan her during her life my House where I now live together with all the out Houses and seventy five Acres of Land not to include the Mill The rest and residue of my Property I wish to be devided among my Children & my wifes Sister Nancy Furgason Share and Share alike but no division to be made until my debts are Paid And then as my Children shall become of age or Marry I hereby direct that my Executor or the survivor of them together with two discrete Persons by them chosen to value my Estate and of to such as are married or of age and who de sire it their share which shall be final and conclusive and they shall be advanced in Property at valu ation To my Daughter Martha Turner I gave a Negro girl a Bed and fur- niture and one Cow the whole valued at about three Hundred and fifty Dollars which is to be considered as so much [page 3] advanced to her Husband James Turner To my Grandson Henry Turner son of James Turner I hereby direct my Executor to pay over to him one Hundred Dollars when he Arrives at the age of Twenty one Years I hereby appoint my friend James Webb ["& my son Rober Neal" x-out] Exe cutor to this my last Will and Testament with all the Powers and authority of an Executor Witness my hand and seal this 20th day of April 1824 Teste F. B. Phillips Henry Neal (seal) W Whitted Codicil The part of my Estate which by the above will would be allotted to my daughter Patsey Turner I hereby give in Trust to my Executor before named for the use and benefit of her & her Chil dren and they are hereby directed to Pay over to her all the rents, Hire, Interest and Profits of her share aforesaid free from the controul of her said Husband James Turner And at this death to deliver over to her the whole as her own Property to be disposed of as she may think pro per or if she should die before him then it is to be delivered over to such of her children as are 21 years of age or to the legal guardian of her children Witness my hand & Seal Febr 18th 1825 Teste Wm. Whitted Henry Neal (seal) Levi Jackson Jurat [Will Book Volume E, page 112] In the name of God Amen ! I Henry Neal of the County of Orange & State of North Carolina being of Sound & disposing mind & memory do constitute and ordain this my last Will and Testament in manner and form as follows, Towit, First I wish to provide for the payment of all my just Debts as soon after my decease as possible, and for which purpose I hereby direct as much of my Land in the State of Tennessee to be sold by my Executors herein after to be named as will satisfy and pay all that I owe and I hereby authorize them to sell and convey as much thereof as Shall be sufficient for that purpose - 2nd I give and bequeath to my wife Lydia Neal during her life or widowhood all my Estate both real and personal after paying my debts for the purpose of Raising and education my children - But should she marry I then give her only a negro woman Eliza & her [Will Book Volume E, page 113] increase, one bed & furniture, 6 head of Hogs, two Cows & Calves, 6 head of Sheep all of which she is to choose and one good Horse, saddle & bridle to her and her heirs forever - and I loan her during her life my house where I now live together with all the out houses & seventy five acres of Land not to include the mill - the rest & residue of my property I wish to be divided among my children & my wifes Sister Nancy Fur= =guson Share & Share alike but no division to be made until my debts are paid, and then as my Children shall become of age, or marry I hereby direct that my Executor or the survivor of them together with two discrete persons by them chosen to value my Estate and of to such as are married or of age and who desire it their share which shall be final and conclusive and they shall be advanced in property at valuation - To my Daughter Martha Turner I gave a negro girl a bed & furniture and one Cow the whole valued at about three Hundred and fifty Dollars which is to be considered as so much advanced to her husband James Turner --To my Grand-Son Henry Turner son of James Turner I hereby direct my Executor to pay over to him one Hundred Dollars when he arrives at the age of Twenty one Years -- I hereby appoint my friend James Webb Executor to this my last Will & Testament with all the power and authority of an Executor - Witness my hand & Seal this 20th day of April 1824 Test F. B. Phillips Henry Neal (seal) W Whitted Codicil The part of my Estate which by the above will would be allotted to my daughter Patsey Turner I hereby give in trust to my Executor before named for the use and benefit of her & her Children and they are hereby directed to pay over to her all the rents, hire, Interest and profits of her share aforesaid free from the controul of ["her husband of" x-out] her said husband James Turner and at this death to deliver over to her the whole as her own property to be disposed of as she may think proper or if she should die before him then it is to be delivered over to such of her children as are 21 years of age or to the legal guardian of her children [Will Book Volume E, page 114] Witness my hand & Seal Feby 18th 1825 Test Henry Neal Wm. Whitted Levi Jackson State of North Carolina } Court of Pleas & Quarter Sessions Orange County } August Term 1826 Be it remembered that at a Court of Pleas & quarter Sessions, begun & held for the County of Orange on the fourth Monday of August AD 1826 James Webb came into open Court & offered for probate the foregoing paper Writing purporting to be the last Will & Testament of Henry Neal deceased - And therefore Came James Phillips, William Phillips & Richard L Cook who being duly sworn did depose & say that Francis B. Phillips on of the subscribing Witnesses to the said paper Writing is dead that they are well acquainted with the handwriting of the Said Francis B. Phillips, having often Seen him write - that his name subscribed as a witness to the said paper writing is in the proper hand writing of said Francis B. Phillips - And at the same time Came into open Court Levi Jackson one of the subscribing witnesses to the Codicil to the said paper writing, and he being duly sworn did depose & say that he saw Henry Neal sign, seal and deliver the said Codicil and heard him at the same time utter publish & declare the said Codicil to be his act & Deed and part of his last Will and Testament and that the paper writing to which it is a Codicil was his last Will and Testament --- And therefore it was Ordered that he said Paper Writing be deposited in the Office of the Clerk of this Court for further Probate And at a Court of Pleas & Quarter Session begun & held for the County of Orange aforesaid on the 4th Monday of November A.D. 1826 Henry Whitted Junr. one of the subscribing witnesses to the Said Paper Writing came into open Court, and he being duly sworn did depose and say that he saw Henry Neal sign, seal & deliver utter, publish & declare the said Paper Writing as for & to be his last Will & Testament: the he and [Will Book Volume E, page 115] of Frances B. Phillips became subscribing Witnesses thereto and subscribed their names as Witnesses in the presence of the Testator, Henry Neal & of each other, and at the request of the said Henry Neal - Whereupon it was Ordered that the said Paper Writing & the Codicil thereto be recorded as the last Will & Testament of the said Henry Neal decd. -- and at the said Court on the 4th Monday in August A.D. 1826 James Webb who is in said paper Writing appoint Executor, appeared in open Court and qualified as Such accordingly Test Additional Comments: Will Book Volume E, pages 112-115 Recorded Aug 1826 Estate Papers comprise 86 pages and are found in a folder labeled "Neal, Henry (1825)". Testator died the evening of 2 Aug 1826. Inventory taken 5 Aug 1926 lists "14 Negroes". There are affidavits, petitions and complaints that assert that just prior to his death, the testator was delirious and there are others that assert that he was, although very sick, alert and able to conduct business.