Orange County NcArchives Wills.....Neely, John October 26, 1852 ************************************************ 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 G, pages 120-122 Written: October 26, 1852 Recorded: Nov 1855 Testator: John Neely In the name of God Amen! I John Neely of the County of Orange and State of North Carolina being in good health & of sound mind but remembering the uncertainty of life do hereby make this my last will and testament revoking all other wills made by me. First I give and devise to my beloved wife Cynthia for the comfortable support of herself & my children living with her & for their edu= cation fifty dollars in money and the fol= lowing property during her natural life, namely, all my land except the house & lot in Hillsborough all my negroes owned by me at my death, 2 horses, 2 cows, 5 sheep, 1 sow & pigs, all her choice, the household & kitchen furniture and household goods, or so much thereof as she may choose to take, one 2 horse waggon one carry all & harness and all necessary plantation tools & uten= sils: Also one years support out of the crop stock & provisions on hand or growing crop at my death Secondly I will & direct that my executors shall sell all the rest of my property, the house & lot in Hills= borough excepted on a credit of twelve months and after paying all the debts and charges against my estate, they shall add whatever may remain of the sale money to the money due to me at my death, & keep the whole at interest until my youngest child becomes of full age or marries, unless circumstan= ces unforeseen shall require the interest to be paid to my wife for herself & family [page 2] in which case the annual interest shall be paid to her so often as the same shall be ne= cessary. And when the youngest child shall be of full age of twenty one years or marry then the whole of said fund shall be equally divided between my six children and my grand children by my daughter Nancy Watson the latter taking one share only, But this division shall be upon the same terms & restriction as are herein after ["divided" x-out] provided in the division of the rest of My estate. At the death of my wife I give and devise all the estate real & personal herein given to her for life and all the rest and residue of my estate of every kind whatsoever to all my children & My grand children above named equally to be divided among them, the said grand children taking one share; but upon the fol= lowing conditions and restrictions, namely the share of my daughter Martha Mangum both in the money above named and also in the rest of my estate I give & devise to my executors & their heirs for her sole & separate use & benefit free from the control of her husband William Mangum and of all liability for his debts & contract, to be manage for her according to their best discretion, & her receipt shall be a full discharge to them. Again to prevent a sale and separation of my negroes in said division I give to Louiza Laws negro woman Eliza, negro Harriet to my daughter Lethe, Alexander to my son Wesley and Charles to my daugh= ter Elizabeth , and if there should be any [page 3] other child born to the woman Eliza in my life I give the same to my daughter Lucy, and if any of said negroes shall be more than a full share of my estate then that share shall refund to those of less value to make all equal. If my daughter Martha Mangum shall die leaving her said husband surviving her then at her death her share of my estate shall go to her child or children. And in said division I further give and devise to my grand children Wesley, Lorenzo, Mary F. and Octavius H. Watson the children of my deceased daughter Nancy Watson the House and Lot in Hillsborough, which I pur= chased of their father James S. Watson, at the valuation of four hundred and sixty one dollars. But if at my death the said James S. Watson shall be indebted to me or I shall be bound as his surety then to save my other estate, the said house & lot shall be sold for the same. And my further meaning is that if the rest of my children in the said division shall not receive shares each of the value of four hun= dred and sixty one dollars, that in that event the said house and lot shall be sold and enough of the price shall be taken therefrom to bring up the other six shares to an equality provided however not more than four hundred and sixty one dollars shall be taken from the Watson children for that purpose. And I hereby give to my executors full power and authority to sell land as well as all other property which may be necessary in order to make an equal division according to my will among my six children namely Louiza [page 4] Laws, Martha Mangum, Wesley, Lethe, Elizabeth & Lucy & My grand Children Wesley, Lorenzo, Mary F. and Octavius H. Watson. And I appoint my worthy friends Squire D. Umstead and William Harris executors of this my last will and testament Signed sealed and declared on this the 26 day of Oct 1852 In presence of us Jn Neeley (seal) D. C. Parrish Jurat } } Jno. Lipscomb Jurat } [Codicil] I John Neeley of the County of Orange and State of North Carolina do hereby make this Codicil to my Will executed on the 26th day of October 1852. I do hereby revoke all devises and bequests contained in said will to my daughter Martha Mangum or her chil= dren or to her husband Willis Mangum, having since the making of the said Will paid Willis Mangum more than her share of my estate. Since the making of said Will the negro woman Eliza has had a child named Rachael I hereby confirm the gift of said child Rachael to my daughter Lucy as my will provides, And if Eliza or any other of my negroes shall have any other children before my death I desire & will that they shall be retained by some of my children in the division of my property according to my will at valuation and not sold, if it cany[? can] be avoided. In all things not altered by this codi= cil I do hereby confirm & republished my said Will, And I do hereby publish & declare this codicil to be a part of my will this the 6th day of January 1855 Signed sealed & published } Jno Neely (seal) in the presence of } Hy. Whitted } O. F. Long Jurat } [Will Book Volume G, page 120] In the name of God Amen I John Neely of the County of Orange and State of North Carolina being in good health & of sound mind but remembering the uncertainty of life do hereby make this my last will and testament revoking all other wills made by me First I give and devise to my beloved wife Cynthia for the comfortable support of herself & my children living with her & for their education fifty dollars in money and the following property dureing her natural life, namely all my land except the house & lot in Hillsborough all my negroes owned by me at my death 2 Horses 2 Cows 5 Sheep 1 Sow & pigs, all her choice the household & Kitchen furniture and household goods or so much thereof as she may choose to take one 2 horse waggon one carryall & harness & all necessary plantation tools & utensils Also one years support out of the crop Stock & provisions on hand or growing crop at my death Secondly I will & direct that my executors shall sell all the rest of my property, the house & lot in Hillsborough excepted on a credit of Twelve Months and after paying all the debts and charges against my estate, they shall add whatever may remain of the sale money to the money due to me at my death & Keep the whole at interest until my Youngest child becomes of full age or marries, unless circumstances unforeseen shall require the interest to be paid to my wife for herself & family in which case the annual interest shall be paid to her so often as the same shall be necessary, and when the youngest child shall be of full age of Twenty one Years or marry then the whole of said fund shall be equally divided between my Six children and my grand children by my daughter Nancy Watson the latter taKing one share only But this division shall be upon the same terms & restriction as are hereinafter provided in the division of the rest of my estate. At the death of my wife I give and devise all the estate real & personal herein given to her for life and all the rest and residue of my estate of every Kind whatsoever to all my children & my grand children above named equally to be divided among them, the said grand children [Will Book Volume G, page 121] takeing one share but upon the following conditions and restrictions namely the share of my daughter Martha Mangum both in the money above named and also in the rest of my estate I give & devise to my Executors & their heirs for her sole & separate use & benefit free from the control of her husband Willis Mangum and of all liability for his debts & contract to be manage for her according to their best discretion & her receipt shall be a full discharge to them. Again to prevent a sale and separation of my Negroes in said division I give to Louiza Laws Negro Woman Eliza Negro Harriet to my daughter Lethe, Alexander to my son Wesley and Charles to my daughter Elizabeth and if there should be any other child born to the woman Eliza in my life I give the same to my daughter Lucy and if any of said Negroes shall be more than a full share of my estate then that shall[orig: share] shall refund to those of less value to make all equal. If my daughter Martha Mangum shall die leaveing her said husband surviving her then at her death her share of my estate shall go to her child or children, And in said division I further give and devise to my grand Children Wesley Lorenzo, Mary F. and Octavias H Watson the children of my deceased daughter Nancy Watson the House and Lot in Hillsborough, which I purchased of their father James S. Watson at the Valuation of four hundred and Sixty one dollars. But if at my death the said James S. Watson shall be indebted to me or I shall be bound as his surety then to save my other estate, the said house & lot shall be sold for the same And my further meaning is that if the rest of my children in the said division shall not receive shares each of the value of four hundred and Sixty one dollars, that in that event the said house and lot shall be sold and enough of the price shall be taken therefrom to bring up the other six shares to an equality provided however not more than four hundred and Sixty one dollars shall be taKen from the Watson children for that purpose And I hereby give to my Executors full power [Will Book Volume G, page 122] and authority to sell land as well as all other property which may be necessary in order to make an equal division according to my will among my Six children namely Louiza Laws, Martha Mangum, Wesley, Lethe, Elizabeth & Lucy & my grand Children Wesley, Lorenzo, Mary F. and Octavias H. Watson And I appoint my worthy friends Squire D. Umstead and Williams[sic] Harris executors of this my last will and testament Signed sealed and declared on this the 26 day of Octo 1852 In presence of us Jno Neeley (seal) D. C. Parrish Jno. Lipscomb I John Neeley of the County of Orange and State of North Carolina do hereby maKe this Codicil to my Will executed on the 26th day of October 1852. I do hereby revoke all devises and bequests contained in said will to my daughter Martha Mangum or her children or to her husband Willis Mangum having since the making of the said Will paid Willis Mangum more than her share of my estate Since the making of said will the Negro Woman Eliza has had a child named Rachael I hereby confirm the gift of said child Rachel to my daughter Lucy as my will provides and if Eliza or any other of my Negroes shall have any other children before my death I desire & will that they shall be retained by some of my children in the division of my property according to my will at valuation and not sold if it can be avoided. In all things not altered by this codicil I do hereby confirm & republished my said will, And I do hereby publish & declare this codicil to be apart[sic] of my will this the 6th day of January 1855 Signed Sealed & published Jno Neely (seal) in the presence of } Hy. Whitted } O. F. Long Orange County Court November Term 1855 The foregoing last will & Testament with the codicil thereunto annexed of John Neely decd was proven in open Court by th oaths of D.C. Parrish, Jno Lipscomb & O F Long three of the subscribing witnesses thereto & ordered to be recorded At the same time Squire D Umsted one of the Executors therein named appeared in open Court and qualified by taKing the oath prescribed by Law Test Geo Laws CCC Additional Comments: Will Book Volume G, pages 120-122 Recorded Nov 1855 Estate Papers comprise five pages and are found in a folder labeled "Neely, John (1855)". No family history found. Based on their absence in the inventory and estate sale, perhaps the slaves were all devised in the will and codicil.