Orange County NcArchives Wills.....Norwood, William March 20, 1840 ************************************************ 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 116-119 Written: March 20, 1840 Recorded: Feb 1842 Testator: William Norwood I William Norwood of Orange County do make and publish this as my last will and testament, and do hereby revoke all former wills and codicils made by me I give and devise to all my children, & to their families forever, a suitable burying ground, to be laid off by my executors in the Cedar grove on the river in what is called the old garden; and I desire that a plat and the boundaries thereof, under the hands and seals of my executors may be proved and registered I also give and devise to all my children & to their heirs, forever, the land lying between my son Josephs' place (formerly Sneed's) and the river commonly called the "Dark Walk", with a right of way through it along the river bank to them their heirs and assigns forever. I give and devise to my son John W. Norwood the parcel of land on which his house stands (for which I have already made him a deed) containing nine and one half acres, at the valuation of five hundred dollars. I give and devise to my son Joseph and his heirs forever, One hundred and thirty acres of land, which he now has inclosed and under cultivation, beginning at the southwest corner of [page 2] the woods on the Chapel Hill road, opposite or nearly opposite, the negro house, of J. W. Norwood, running thence eastward across to a large pop- lar at the south east corner of said piece of woods, near the Raleigh road, and thence south- ward ["and it" x-out] with a survey made by Silas M. Link and agreeably to said survey, to the beginning which tract of land, My son Joseph is to receive as a part of his portion of my estate at the valuation of six hundred and fifty dollars: All the rest of my estate, of what Kind soever both real and personal, I give and devise to my beloved wife Robina for and during her natu- ral life At the death of my wife, I give to my son James H. Norwood one thousand dollars but if in the opinion of my executors it should be ne= cessary, they shall vest and secure the said sum of one thousand dollars, for the sole and separate use and benefit of my said son's wife and children, free from his control and from all liability for the payment of his debts. I give and devise one seventh part of all all[sic] the rest of my estate, of every Kind, and one thousand dollars over and above one seventh part thereof, in trust, to my sons John W. Norwood and Joseph Norwood and to the survivor of them and the heirs executor or administrator [page 3] of the survivor, for the sole and separate use and benefit of my daughter Jane and her children, and such Children as she may hereafter have and free from the control of her husband, and from all liability for his debts; which they, my said trustees, and the survivor of them, shall and may sell, vest, and manage, or retain, as they may deem most for the advantage of my said daughter Jane, and her children. And her receipt shall always be a full discharge for my said trustees. I give and devise, all the rest and resi- due of my estate, not herein otherwise disposed of, of every Kind and discription, both realty and personalty, to my other children; Eliza, John, Wil- liam, Walter, Joseph and Helen, to them their heirs executors and administrators, share and share alike, But my sons John and Joseph nevertheless, are to hold and take the lands given to them, at the valuations aforesaid, respectively, as a part of their shares. I give to my executors, full power and authority to sell, either at public or private sale all or any portion of my estate, either for the purpose of paying debts or making a division, should a sale for either purpose be necessary and should either of my executors wish to pur- chase any portion of my estate, then the other executor shall have the sole power of selling and conveying that portion: and should both [page 4] of my executors wish to purchase the same proper- ty, then the sale and conveyance shall be made by some disinterested person, agreeable to the fam- ily, and appointed for that purpose, under the hands and seals of my said executors. But it is my earnest wish and injunc= tion, that my black people should be divided, and not sold, if it can reasonably be avoided: And in the division, any of my children shall have the liberty, of retaining as a part of their share, at valuation any negroes, who have been put into their possession. If at the death of my wife, my estate should owe any debts, the property may all be Kept together until they are paid out of the profits, if my executors think proper. My executors shall only account for so much of my perishable estate, as may be on hand at the death of my wife, but every Kind of perishable property then on hand, shall be deemed a part of my estate. I release to any of my children for whom I may heretofore have paid debts or upon whom I hold any obligation for the payment of money, all claims and demands on account thereof. I appoint my sons John and Joseph executors of this my last will and Testament. In witness where of I have hereunto set my hand & seal Signed sealed published & declared this 30 day of March 1840 in presence of Test Wm. Norwood Senr. O. F. Long (seal) H. Webb [page 5] North Carolina } Court of Pleas & quarter Orange County } Session Feb. Term 1842 Then was presented in open Court the last Will & Testament of the Honorable William Norwood deceased & upon motion the same was admitted to probate in common form on the oath of Dr. O. F. Long & ordered to be Registered in the proper Office. Thereupon John W. Norwood & Joseph C. Norwood Esquires the Executors named in said Will ap- =peared in Open Court & were qualified as such & Letters Testamentary were ordered to issue to them. ~~~ [Will Book Volume F, page 116] I William Norwood of Orange County domake & publish this as my last will & Testament & do hereby revoke all former Wills & codicils made by me I give & desire[orig: devise] to all my children, & to their families forever a suitable burying ground to be laid off by my Executors in the cedar grove on the river in what is called the old garden and I desire that a blat[plat] and the boundaries thereof under the hands & seals of my executors may be proved & registered I also give and devise to all my children & to their heirs forever the land lying between my son Joseph's place (formerly Sneed) and the river Commonly Called the Dark Walk with a right of way t[h]rough it along the river bank to ot[?] them their heirs & assigns forever. I give & devise to my son John W. Norwood the tract[parcel] of land on which his house stands (for which I have already made him a deed), containing nine & one half acres at the valuation of five hundred dollars I give & devise to my son Joseph & his heirs forever one hundred & ["fifty" x-out] thirty acres of land which he now has inclosed & under fences & cultivation beginning at the south west corner of the woods on the Chapel Hill road opposite or [Will Book Volume F, page 117] nearly opposite, the negro house, of J. W. Norwood running thence eastward across to a large poplar at the south east corner of said piece of wood near the Raleigh road and thence southward with a survey made by Silas M Link & agreeably to Said Survey to the beginning which tract of land my son Joseph is to receive as a part of his portion of my estate at the valuation of six hundred & fifty dollars All the rest of my estate, of what Kind soever both real & personal I give & devise to my beloved wife Robina for & during her natural life At the death of my wife I give to my son James H. Norwood one thousand dollars but if in the opinion of my executors it should be necessary they shall vest & secure the said sum of one thousand dollars, for the sole & separate use & benefit of my said sons Wife & Children free from his control & from all liability for the payment of his debts I give & devise one seventh part of all the rest of my estate of every knid[kind] and one thousand dollars over & above one seventh part there of intrust to my sons John W. Norwood & Joseph Norwood & to the survivor of them & the heirs executor or administrator of the survi- vor for the sole & separate use and benefit of my daughter Jane and her Children and such Children as she may hereafter have and free from the Controle of her husband and from all liability for his debts which they my said trustees, and the survivor of them shall and may sell, vest, and manage, or retain, as they may deem most for the advantage of my said daughter Jane and her children and her receipt shall always be a full discharge for my said trustees. I give & devise, all the rest & residue of my estate not herein otherwise disposed of of every kind & description both realty and personalty to my other Children E[l]iza John William Walter Joseph [Will Book Volume F, page 118] and Hellen to them their heirs executors and administrators share & share alike but my sons John & Joseph nevertheless are to hold and take the lands given to them, at the valuations aforesaid respectively as a part of their shares I give to my executors, full power and authority to sell either at publick or private sale all or any portion of my estate either for the purpose of paying debts or making a division should a sale for either purpose be necessary and should either of my executors wish to purchase any portion of my estate then the [other] executor shall have the sole power of selling and conveying that portion and should both of my executors wish to purchase the same property, then, the sale & conveyance shall be made by some disinterested person, agreeable to the fam- ily and appointed for that purpose, under the hands & seals of my said executors But it is my earnest wish & injunction that my black people should be divided and not sold if it can reasonably be avoided And in the division any of my children shall have the liberty of retaining as a part of their share at valuation any negroes who have been put into their possession If at the death of my wife my estate should owe any debts the property may all be kept together untill they are paid out of the profits if my executors think proper my executors shall only account for so much of my perishable estate as may be on hand at the death of my wife but every Kind of perishable property then on hand shall be deemed a part of my estate I release to any of my children for when[whom] I may here to fore have paid debts or upon whome should[I hold] any obligation for the payment of money all claims & demands are accounted[on account] thereof I appoint my sons John & Joseph executors of this my last Will & Testament In witness wher[e]of I have hereunto set my hand & seal signed sealed published & declared this 30 day [Will Book Volume F, page 119] of March [1840] in presence of O F Long William Norwood Ser. (seal) H. Webb Orange County Feb Term 1842 There[Then] was published[presented] in open Court the last Will & Testament of the Honerable[sic] William Norwood Decd & upon motion the same was admitted to probate in common form on the oath of [Dr] O. F. Long & ordered to be registered in the proper office Thereupon John W. Norwood & Joseph C. Norwood Esquires the Executors named in said Will appe[a]red in Open Court & were qualified as such & Letters Testamentary wer[e] ordered [to] issue to them Additional Comments: Will Book Volume F, pages 116-119 Recorded Feb 1842 Estate Papers comprise 17 pages and are found in a folder labeled "Norwood, William (1842)". There are several passing references in these estate papers to a valuation and divisions and sales of the negroes, but the only specific mention by name is listed above. The documentation on the valuation would be very useful, but it is not found here. [Estate Papers - Inventory 4 Jun 1842] Inventory of the personal estate of the late William Norwood deceased taken by the undersigned his executors on the 4th of June 1842 [sundry articles omitted] 58 Negroes, viz. Jonas, Anthony, Halifax, Abram, Joe, Violet, Aggy, Venus, Clarke, Harrison, Polly, Mariah, Frances, Sally Jim, Nancy, Jack, Sam, Bill, Beccy Ann, (Margaret, Lelah, Beccy, Nancy Julia, (Beccy's Children) Mary, Silvy, Amy Milly, Warren, Isaac, Fanny, Lucy Lethy, Isham, Martha Jesse, Tom, Peggy, Betsy, Judy, Susan, Giny, Bill, Caroline, Sam, James, Sarah Isham (Betsy's) Wesley, Andrew (Henry & Betty ) (Betty's) Catherine, Pasey, An- derson, Emma