Orange County NcArchives Wills.....Newton, George February 19, 1801 ************************************************ 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 D, pages 44-46 Written: February 19, 1801 Recorded: May 1801 Testator: George Newton In the name of God Amen. I George Newton of the County of Orange being very Sick and weak in Body but of Reasonable mind and memory, thanks be given Unto God: Calling Unto mind the mortality of my Body, do make and ordain this my last will and Testament: and first of all I give and Recommend My Soul into the hand[s] of God that gave it, and my Body I Recommend to the Earth to be buried in decent Christian burial at the discretion of my Executors: and as touching Such Worldly Estate wherewith it hath Pleased God to Bless me in this Life I give devise and dispose of the Same in the following manner and form: First, I give and bequeath to Mary my dearly Beloved wife during her widdow hood all my Estate Real and personal and all the Rite and preveledge of In and to the Same provided and it is my Will that She Cause my two youngest Children Sarah & John and my daughter Lette's Child Elizabeth to be Schooled as far as she may think necessary and that My Children Under age and my Wife Mary, have their Support from the produce of my Lands and moveable property and it is my Will that after my Wife's deseas all my Lands and the Remainder of moveable property Be Sold and the Money arrising from Such Sales to be equally divided Between All my Children and grand Child Elizabeth, Viz Lette Newton, William Newton, James Newton, Henery Newton Isaac Newton, George Newton, Robert Newton, Sarah Newton, John Newton, Elizabeth daughter of Lette And I make and ordain them my Wife Mary and my two Sones Henery Newton & Isaac Newton Sole Executors of this my last Will and Testament And I do hereby disanul all and Every former will and Testament, Executors by me in any ways[wise] heretofore named Willed and Bequeathed: Ratifying and Confirming this And no other to be my last Will and Testament in Witness Whereof I have hereunto Set my hand and Seal this nineteenth day of February in the year of our Lord one thousand Eight hundred and one. ~~~~~~~~~~~~ Signed sealed published Pronounced and declared by the said George Newton as his first Will and George Newton(seal) Testament. In the presence of us Who in his presence and in the presence of Each Other have hereunto Subscribed our Names James Latta, Jr. Henry Newton North Carolina { Orange { May Sessions AD 1801 The last Will and Testament of George Newton was exhibited in open Court, and it appearing to the Court that Henry Newton one of the subscribing Wit nesses thereto is a devisee of Real Estate in and by said Will, and therefore not competent to give Evidence to the Execution of it, the same was duly proved by the Oath of James Latta as subscribing Witness to pass the personal Estate contained in Said Will & not the real Estate of the Said George Newton --- then came Isaac Newton one of the Executors therein Named & was duly qualified to execute said Will so far as the same is proven & no further Jno. Taylor August Sessions 1801 Then came Henry Newton the other Executor named in said Will and was duly qualified Jno. Taylor, CC [Will Book Volume D, page 44] In the Name of God Amen. I George Newton of the County of Orange being Very Sick and Weak in body, but of persona ble [Reasonable] mind and memory, thank[s] be given Unto God, Cal[l]ing to[unto] mind the mortality of my body do make and ordain this my last Will [Will Book Volume D, page 45] and Testament. And first of all I give and recommend my Soul into the hands of God that gave it, and my body I recommend to the Earth to be buried in decent Christian burial, at the discretion of my Executors: and as touching Such Worldly Estate Wherewith it hath pleased God to bless me in this life; I give devise and dispose of the Same in the following manner and form. First, I give and bequeath to Mary my dearly beloved Wife during her Widowhood all my Estate Real and personal, and all the right [and] priviledge of in and to the Same prov ided and it is my Will that She cause my two youngest Children Sarah & John, and my daughter Lette's Child Elizabeth, to be schoo -led as far as she may think necessary and that my Children under age and my Wife Mary, have their support from the produce of my Lands and moveable property and it is my Will that after my Wifes decease all my Land[s] and the remainder of moveable proper- ty be Sold and the moneys arising from Such Sale[s] to be equally devided between all my Children and Grand child Elizabeth, viz, Lette Newton William Newton James Newton Henry Newton Isaac Newton, George Newton Robert Newton Sarah Newton John Newton Eliza= beth ["Newton" x-out] daughter of Lette and I make and ordain them my Wife Mary and my two sons Henry Newton & George [Isaac] Newton [See Note 1] Sole Executors of this my last Will and Testament. And I do hereby disannull all and every former will and testament, [See Note 2] Executors by me in any wise heretofore named Willed and bequeathed Ratifying and confirming this and no other to be my last Will and Testa ment in Witness Whereof I have hereunto Set my hand and Seal this nineteenth day of February in the year of our Lord one thousand Eight hundred and one. Signed sealed published Pronounced and declared by the said George Newton as his first Will and Testament in the presence of us Who in his presence and in the presence of each Other have hereunto Subscribed our Names [Will Book Volume D, page 46] James Latta, Jr. George Newton(seal) Henry Newton North Carolina { Orange { May Sessions AD 1801 The last Will and Testament of George Newton was exhibited in open Court and it appearing to the Court that Henry Newton one of the subscribing Witnesses thereto is a devisee of Real es- tate in and for by said Will, and therefore not Competent to give Evidence to the Execution of it, the same was duly proved [by the] Oath of James Latta as subscribing witness to pass the personal Estate contained in Said Will and not the real Estate of the Said George Newton - then came Isaac Newton one of the Executors therein Named and ["Ways" x-out] Was duly qualified to exact[execute] said Will so far as the same is proven and no further August Sessions 1801 Then came Henry Newton the other Executor named in said Will and was duly qualified Additional Comments: Will Book Volume D, pages 44-46 Recorded May 1801 Note 1: Isaac Newton listed in loose will as one of the executors. Will book version says George Newton. Note 2: This line missing in will book copy. No estate papers found.