Orange County NcArchives Wills.....Neese, George March 6, 1838
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 60-62
Written: March 6, 1838
Recorded: Aug 1840
Testator: George Neese

In the name of God Amen I George Nease being
in Sound mind and memory do make this my last
Will and Testament revoking and disannulling all
other wills by me Heretofore made and declare this
to be my last will and Testament, my soul I recommend
to God who gave it and my body to be decently buried
at the discretion of my family and the expensies[sic]
to be paid out of my estate - and for what worldly
goods it Hath pleased God to bestow upon me I give
devise and dispose of in the following manner & form

(To Wit) I lend the use of my plantation whereon I now
live containing one Hundred and sixty three acres
unto my beloved wife Molly Together with one negro girl
by the name of Jinney and one negro boy called Jerry
with as much Hous[e]hold & Kitchen furniture as she may
choose, or want, and I also give her the family clock
I give her Two Cows & Calves Two Head of Horses her choice
of my Stock, and I further give her part of my stock of
Hoggs, such part as she may choose, I further give
my wife my wagon and Two pair of Gears and also my
Wheat fann, I further give unto my beloved wife one
Hundred Dollars in money and one years provision of corn
and meat from the crop which may be upon hand to be laid
of[f] by my executor with the assent of Two respectable freeholders
in the neighbourhood, and I give her what farming utensils
she may want with one loom and all the appertainances[sic] thereunto
belonging, gear &c -- to have and enjoy all the above articles
named unto my beloved wife during her natural life
and after her death, them and their increase, if any to be sold
and divided amongst all my Children shear & shear a
like or to their Heirs --- I give and bequeath unto my son Jacob
Nease one negro boy Known and called John to him and
his Heirs forever, to compensate him for the management
and attention to my business in my life time as well
as the settlement of my estate after my death ---

[page 2]
It. it is my will and desire that all the remainder
of my estate after my death negroes and other property
which I may have, shall be sold at public sale on a
credit with good security, and the money arising from
said sale to be equally divided (after paying lawfull
expenses) amongst all my children to them or Their Heirs
for ever share & share a like namely Sally Polly Jacob
Sampson Anne and George to them and Their Heirs forever

    I nominate and appoint my son Jacob Nease exe-
cutor to this my last Will & Testament, Hereby revoking
and disannulling all other Wills by me Heretofore
made and pronounce this to be my last Will & Testament
    In Witness Whereof I Have Hereunto sett my
hand and seal this 6th day of March A.D. 1838

Signed sealed & Acknowledged              his
before us -----                    George (X) Nease (seal)
   Michl. Holt                            mark
    Edwin M. Holt
    W. A. Carrigan  Jurat

Codecall[sic] to the foregoing Will, The Track[sic] of Land
lo[a]ned to my Wife during her natural life and
after her death to be sold &c - I do Hereby revoke that
bequest, and in Lue thereof I give and bequeath
unto my son George Nease The Track of Land whereon
I now live containing one Hundred and sixty Three
acres be the same more or less, To him and his
Heirs (after the death of my wife) to him and his Heirs
forever -- In Witness whereof I have signed sealed
and Acknowledge the foregoing Codecal to be my will
my Last will & Testament this 6th day of March 1838

Attest                             his
Michl. Holt                 George (X) Nease (seal)
Edwin m. Holt                      mark
W. A. Carrigan  Jurat
                         Exrs qualified

Recorded by Jacob Nease that his father died 10 Jan[?] 1840

[Will Book Volume F, page 60]
In the name of God Amen I George Nease being in
sound mind and Memory do make this my last Will and
Testament revoking and disannulling all other wills by me
Heretofore made and declare this to be my last will & Testament
my soul I recommend to God who gave it and my body to be
decently buried at the discretion of my family and the expenses to
be paid out of my estate and for what worldly Goods it Hath
pleased God to bestow upon me I give devise and dispose
of in the following manner & form (To Wit) I lend the use of
my plantation whereon I now live containing one Hundred and sixty
three Acres unto my beloved wife Molley together With one negro
Girl by the name of Jinney and one negro boy called Jerry with
as much Household & Kitchen furniture as she may choose or
want and I also give her the family clock I give her Two Cows & Calves
Two Head of Horses her choice of my Stock, and I further give
her part of my Stock of Hoggs, such part as she may choose --

[Will Book Volume F, page 61]
I further give my wife [my] wagon and two pair [of] Geer and also
my Wheat fann, I further give unto my beloved wife one
Hundred Dollars in money and one years provision of corn
and meat from the crop which may be upon hand to be laid off
by my Executor with the assent of Two respectable freeholders in the
neighbourhood, and I give her what farming utensils she may
want with one loom and all the appertenances[sic] thereto belonging
geer &c, to have and enjoy all the above articles named unto my
beloved wife during her natural life and after her death then [them]
and their increase if any to be sold and divided amongst all my
Children share and share a like or to their Heirs --- I give and ---
bequeath unto my son Jacob Nease one negro boy Known and
called John to him and his Heirs forever to compensate him for
the management and attention to my business in my life time
as Well as the Settlement of my estate after my death ---
It is my Will and desire that all the remainder of my estate after
my death negroes and other property which I may have Shall be sold
at public sale on a credit with good security and the money
ariseing from said sale to be Equally divided (after paying lawful
expenses) amongst all my children to them or their Heirs forever
Share and Share alike, namely Sally, Polly, Jacob, Sampson, Anne
and George to them and their Heirs forever ---

    I nominate and appoint my son Jacob Nease Executor ["of" erased]
to this my last Will & Testament, hereby revoking and disannu-
-lling all other Wills by me heretofore made and pronounce this
to be my last Will & Testament

    In Witness Whereof I have Hereunto set my hand and seal
this 6th day of March AD 1838

Signed sealed & Acknowledged
before us
Michl. Holt
Edwin M Holt
W A Carrigan

[Note: Testator's signature missing in will book copy]

                              Codicil
To the foregoing Will The track[sic] of Land loaned to my
Wife during her natural life and after her death to be sold
&c  I do Hereby revoke that bequest, and in Lue thereof I give
and bequeath unto my son George Nease The Track of Land
whereon I now live containing one Hundred and sixty three Acres

[Will Book Volume F, page 62]
be the same more or less, to him and his Heirs (after the death
of my wife) to him and his Heirs for ever -- In Witness
whereof I have Signed Sealed and Acknowledge the foregoing
Codicil to be my Will my Last Will & Testament this
6th day of March 1838
    Attest                              his
Michl. Holt                      George (+) Nease (seal)
Edwin m. Holt                           mark
W. A. Carrigan

                   Orange County August Term 1840
The Execution of the foregoing last Will and Testament of
George Nease deceased was duly proved

Additional Comments:
Will Book Volume F, pages 60-62
Recorded Aug 1840

Sampson is AKA Simpson Niece

Niece is AKA Nease AKA Neese

Estate Papers comprise 11 pages and are found in a folder labeled "Niece, George (1840)".

[Estate Papers - Petition May 1846]
State of North Carolina  } Court of Pleas & Quarter Session
   Orange County         } May Term 1846

        To the worshipful the Justices of the
Court of Pleas & Quarter Session in and for said
County

        The Petition of Sally Albright Jordan
C Holt, William Albright, Daniel Graves and Polly
Noah

            Jacob Niece Exr of George Niece
Sampson Niece, Joseph Niece, Anne Niece
his wife and George Niece

        Humbly complaining Your Petitioners
shew unto Your worships that George Niece late of
said County of Orange died in the Year of Our Lord
One thousand Eight Hundred thirty Eight, having made
and published his last Will and Testament. A copy of
which is hereunto annexed and marked A and is prayed
to be taken as a part of this Petition That said Will
was duly proven at ______________ Term of said Court
183___ and Jacob Niece the Executor therein appointed
qualified as Executor and took upon himself the burthen
of executing said Will. That among other things dev=
ised in said Will the Testator bequeathed to his Widow
Mary Niece during her natural life One negro Boy called
Jerry and one negro girl called Jenny with various
other articles of personal property, all of which will
More fully appear by reference to the annexed copy
of said Will and at the death of the said Mary the
said Negroes & their increase and all the other
property which should be remaining was to be
sold and equally divided among the children of
of[sic] the said George Niece Decd. to wit Sally Polly
Jacob George Sampson & Anne. Your Petitioners
further shew unto your Worships that said Mary Niece

[page 2]
died about 12 months ago and that said Jacob
Niece Exr sold the said Negroes which had increased
to a considerable number together with the personal
property which remained at her death, for a large
sum of money. Your Petitioners William Albright
sheweth unto Your Worships that he is the lawful Atto
-rney of Sally Albright & Jordan C. Holt that said Sally
Albright is entitled to one fifth part of the proceeds of
the said slaves and personal property and is a legatee
under said will, she being one of the children of the
said George Niece Decd. mentioned in said Will, and
also that Jordan C Holt has purchased the right
title and interest of Sampson Niece as a legatee und
-er said Will - that he holds the same under a Bill
of Sale for a valuable consideration which will
more fully appear by reference to said Bill of Sale
which is hereunto annexed and marked B & is
prayed to be taken [rest of this line obscured]
Your Petitioner Wm. Albright is fully authorized
and empowered to sue for and demand of the said
Jacob Niece, for the said Sally Albright & Jordan
C Holt the respective share of the said Sally & Sampson
Niece as legatees under said George Noah's Will as
will appear by reference to a Power of Attorney from
them which is hereunto annexed Marked C and
is prayed to be taken as a part of this Petition
And your Petitioner Daniel Graves sheweth unto
Your Worships that he purchased of the said Mary
Niece her life estate in the said Negroes on the 17th
day of October 1844 and that he is entitled to the hire
and profit of the said Negroes from that date until her
death: that said Sale is authenticated by the Bill of
Sale from James Robertson the lawful Attorney of said
Mary which with said Port of Attorney is hereunto
annexed and Marked E & is prayed to be taken as
a part of this Petition And he further shews that
he has become the purchaser of Joseph Niece & George Niece shares in

[page 3]
said Negroes & property as legatees under said Will and
that said sale is also authenticated by a deed of con=
veyance from said Joseph Niece & George Niece and that he is empowered
to sue for & demand the same as shown by a bill
of sale & power of Attorney which is hereunto annexed
and is prayed to be taken as a part of this Petition

        Your Petitioners future shew unto Your Worships
that Sampson Niece Joseph Niece & George Niece are
not inhabitants of this State and pray that publication
may be made for six weeks in the Hillsboro Recorder
for them to appear at the next Term of this Court to
answer or demur to the allegations set forth in this
Petition or that the same may be taken Pro Confesso
as to them.  And that a copy of this Petition may
be served upon the defendants living in this State
and that the said Jacob Niece may answer and
set forth, whether Mary Niece is not dead; What is
the increase of the negroes that ["descended to said" x-out] were
devised to the said Mary when she died & when he
sold said Negroes and also for what amount and
also the amount of personal Property &c

        And Your Petitioners pray for all other
and further relief &c to which the are entitled in
the premises
                          W. J. Long Solr: for Ptrs

[Estate Papers - Answer Nov 1846]
State of North Carolina } Court of Pleas & Quarter Sessions
   Orange County        } November Term 1846

    The Answer of Jacob Niece to the Petition of Sally
Albright, Jordan C Holt, William Albright, Daniel
Graves & Polly Noah - The Defendant answering for
himself only, saith that he admits that his Testator George
Niece died in the year 1840, having first made & published
his last will & Testament and that the copy thereof annexed
to the Petition of said Petitioners is a true copy thereof:
The Defendant Jacob Niece also admits that said
will was admitted to Probate at August Term 1840 & that he
took upon himself the burthen of executing said will.  He also
admits that his Testator bequeathed to his widow Mary Niece
during her natural life a negro Boy called Jerry & a
negro Girl called Jenney with various articles of personal
property and at the death of said Mary the negroes & their
increase & all the other property which should be remain=
ing after the death of said Mary Niece, was to be sold & divid=
ed among the children of the Testator George Niece. This Def=
endant also admits that the Petitioners Sally Albright &
Polly Noah are the children of his Testator & that Sampson
Niece, George Niece, Anne Nice, the wife of Joseph
Niece and this defendant are the only other children of
said Testator - He also admits that Mary Niece the
widow of the Testator died sometime in the fall of 1844, as
he understand & believes --

    Further answering this Defendant saith that after the
death of his Testator George Niece, his obedience to the directions
contained in the Will of his said Testator, he delivered to the widow
Mary the Negroes Jerry & Jenny and such articles of personal
property as were bequeathed to her Viz; Such articles of
household & kitchen furniture as she chose, The clock, Two Cows
& Calves, two head of horse, also such part of the stock of hogs

[page 2]
on hand as she might choose, the Waggon & 2 prs of Gear & the
Wheat fan And also one hundred dollars in money & one
Years provision of the crop on hand laid off as mentioned in said
Will - Further answering this Defendant saith that in or
about the month of March 1842 the said Widow Mary
was desirous of removing to the State of Tennessee - And in
order to enable her to do so, her son George, one of the Petitioners
in this Petition named ["who lived with her & managed her" x-out]
["affairs" x-out], sold all the personal property bequeathed to her
(the slaves excepted) upon a credit of nine months, after
having given the notice of twenty or more days required by
the law, as this defendant now believes - This Defendant
was then ignorant what were his rights & duties as
Executor, but he believes & now requests to your Worship-
ful Court that the property sold by the said George Niece
brought its full & fair price and as Executor of his father
George Niece's Estate be gave his assent to the sale thereof
and receive the notes & Bonds given for the property purchased
at said sale and paid the interest annually accruing
thereon to the said Widow Mary Niece or his agent
or attorney during the life time of the said Mary - The
Sales amount according to the returns made to this defendt.
by the said George Niece to the sum of $136.

    Further answering this Defendant saith, that as soon
after he qualified as Executor of the Will of the said George
Niece, he proceeded to sell, in conformity with the prov=
isions of law & the directions of the will all such property as
was not specifically bequeath and by the account of sales
returned[?] to Novr Term 1840 of Your Worshipful Court it appears
that the sales amounted to three hundred & sixty dollars &

[page 3]
twenty three cents ($360.23/100) which said sum when
collected was distributed to the next of kind according to their
right and receipts taken for the same, which
receipts he is read to show to the Court -

    Further answering, this Defendant saith that the
negro woman Jenny, mentioned in the Will of his said
Testator, had at the time of the sale, hereinafter mentioned
these children --

    Further Answering this Deft saith that in
the month of April or May 1845 he received intelligence
upon which he could rely that Mary Niece, the widow of
his Testator, was dead & that thereupon he gave the notice
required by law & sold the negroes to the highest bidder upon
a credit of 12 months - and the said negroes brought the
sum of fourteen hundred & forty seven dollars ($1447)

    Further answering this Deft saith, that
as far as he knows & believes, the Petitioner Daniel Graves
in the month of October or November 1844[?] per a bond from
one James Robertson, the life Estate of Mary Niece & the
interest in the above slaves belonging to George Niece
and Joseph Niece under a Power of attorney from
the said Mary & George & Joseph and the in pus=
uance of said purchase of the life Estate the said Graves
kept the said negroes in his possession until the sale
on the 5th day of April 1845

    Further answering this Deft saith that of the sum
of $1447 before mentioned he hath not proceeded
to collect the sum of $501 because the same was
due from the said Daniel Graves, one of the Petitioners and
the said Graves once two sixths (2/6) in the said slaves, which
will not [???] or very little the interest the said Graves hath
in this Estate - But as this Defendant is unwilling to incur the
hazard of paying any part of the money in his hands belonging
                                                       to the

[page 4]
To the Estate of his Testator to any person not entitled thereto
He pray that his Worshipful Court will upon inspection of the
Bill of Sale or Powers of Attorney mentioned in the Petition
pronounce upon the validity & he submits himself to
act under the direction & instruction of your Worshipful
Court --

    Further answering this Deft saith that he knows
nothing of the sale to Jordan Holt, of the Petitioners
by the said Sampson Niece & whether such sale was upon
good considerations & is property authenticated - Nor does
this defendant take upon himself to decide whether the
Powers of Attorney to the said William Albright from said
Jordan Holt & from the said Sally Albright are good
& valid in Law - These questions he humbly submits to
your Worshipful Court & ready & willing to abide by
and perform whatsoever this Court in its Wisdom
may think proper to instruct him to do and to pay over to
each of the next of kind or their attorney or assigns,
whatever may appear to be due to each respectively