Orange County NcArchives Wills.....ODaniel, John January 24, 1853 ************************************************ 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 175-176 Written: January 24, 1853 Recorded: Aug 1857 Testator: John ODaniel I John O Daniel of the County of Orange and State of North Carolina being of sound mind and memory but Considering the unsurtainty of my Earthley existance do make and declare this my Last Will and testament in manner and Form following that is to say First that my excutor heirin after named Shall pay my funeral and beral expencis together With my Just debts out of the monies that may first Come into his hands as a part or parcel of my Estate Item first I give and devise to my son John O Daniel all the track[sic] of Land whearon I now Live to have and to hold to him and his heirs in fee Simple forever Item 2 it is my will and desier that all the property belonging to my estate Stock of Every Cind House hold and Citchen furniture Shall be Sold by my Exector on a Credit of Six months and the debts owing to me Collected and if there should be any surplus over and a- bove the payment of my debts and Expencis that sutch surplus Shall be equally devided A moung all my Children that is to say my Daughter Jane Crutchfield and my Daughter Sally Thompson and my Daughter Lavina O Daniel and my Daughter Margarett O Daniel and my son John O Daniel Item 3 it is my Will that my grand Children the heires of my son Henry O Daniel dest[?] Shall have thare Father['s] proportionable part of my Estate to be equally devided among them all Item 4 it is my will that my grand Children [page 2] the heires of my Daughter Susannah Thompson Dect Shall have thare Mothers proportionable part of My Estate to be equally devided among them all Item 5 I will to my grand Daughter Sarah Jane O Daniel the Daughter of my Son Alfred O Daniel Dest the sum of ten Dollars if thare be that mutch of my Estate in Equal Share Item 6 it is will that the part of my Estate that may be due to my Daughter Jane Crutchfield the wife of John Crutchfield Shall remain in the hands of my Excutor for hir Suport for hir and hir Children to have as Shee may need it and not to Come in to the hands of hir husband John Crutchfield nor to his use or any part thare off And Lastly I do heirby Constitute and appoint my trusty Friend Henry McDaniel my Lawful Excutor to all intents, and purpose to Execute this my Last Will and testament acording to the true intent and meaning of the same in witness whearof I the said John O Daniel do hereunto set my hand and seal this 24 day of January 1853 Signed Sealed in the preasants of us who at his request and in his preasance do subscribe our names as witnesses thare to Witnesses J S Morrow Jurat Test Wm P McDaniel John Odaniel (seal) [Will Book Volume G, page 175] I John O Daniel of the County of Orange and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance do make and declare this my last will and testament in manner and form following that is to Say First that my executor herein after named Shall pay my funeral and burial expences togather with my Just debts out of the monies that may first come into his hands as a part or parcel of my estate Item first I give and devise to my son John ODaniel all the track[sic] of land whereon I now live to have and to hold to him and his heirs in fee Simple forever Item 2 It is my will and desire that all the property belonging to my estate Stock of every kind household and kitchen furniture Shall be Sold by my Executor on a Credit of Six months and the debts owing to me collected and if there Should be any surplus over and above the payment of my debts and expences that such surplus shall be equally divided among all my children that is to Say my daughter Jane Crutchfield and my daughter Sally Thompson and my daughter Lavina ODaniel and my daughter Margret O Daniel and my Son John ODaniel Item 3 It is my Will that my grand children the heirs of my Son Henry ODaniel decd. shall have their Fathers proportionable part of my estate to be equally divided among them all Item 4 It is my will that my grand children the heirs of my daughter Susannah Thompson decd Shall have their Mothers proportionable part of my estate to be equally divided among them all Item 5 I will to my grand daughter Sarah Jane ODaniel the daughter of my Son Alfred ODaniel decd. the Sum of ten dollars if there be that much of my estate in equal Share Item 6 It is [my] will that the part of my estate that may be due to my daughter Jane Crutchfield the wife of John Crutchfield Shall remain in the hand [Will Book Volume G, page 176] of my Executor for her support for her and her children to have as she may need it and not to come into the hands of her husband John Crutchfield nor to his use or any part there off And Lastly I do hereby constitute and appoint my trusty friend Henry McDaniel my Lawful Executor to all intents and purpose to Execute this my last will and testament according to the true intent and meaning of the Same in witness whereof I the said John O Daniel do hereunto set my hand and seal this 24th day of January 1853 Signed Sealed in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto Witnesses J S Morrow John ODaniel (seal) Wm P McDaniel Orange County Court Augst Term 1857 The Execution of the foregoing last will and testament of John ODaniel decd was duly proved in open court and ordered to be recorded Test Additional Comments: Will Book Volume G, pages 175-176 Recorded Aug 1857 Estate Papers comprise seven pages and are found in a folder labeled "O'Daniel, John (1857)". No family history found.