Orange County NcArchives Wills.....O'Daniel, John Sr April 20, 1821 ************************************************ 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 E, pages 78-80 Written: April 20, 1821 Recorded: Feb 1825 Testator: John O'Daniel, Sr The last Will and testement of John O'Daniel Senr considren the unsartensy of this mortal Life and Being Sound in mind and memery Blessed Be God for the sam[e] I do make and publesh this my Last will and testement in manar and form as following that is to Say it is my will that all my Just Deats Be paid By my Execeters Item 2 I give and Beque[a]th unto my two Sons John and Henry O'Daniel the tracke of Land knowening by the name of the uper[open? upper?] tracke to be Eaquly Devided Beteen them Both as to qualety and quanty to them and there hears and assigns for Ever Item 3 I give and Beque[a]th unto the hears of my three Sons Jam[e]s, Jesse and Green O'Daniel the Holl of the plantion[sic] where I now Live on there being four traks belonging to the Same to be Eaquely Devided Beteen them as well in qualety as quantity my will is that my Son Jam[e]s heirs shall have thire part wher my Son Jam[e]s Lives my will is that my son Greens hears Shall have thire part the houses and bilden[s] where I Live But not to be valued with the Land if if the[y] Can not agree in Deviding the land it is my will that my executers is to a point men to Devid it for them my will is that the Mill is to Be Equely Devided Beteen the hears of my three Sons Jam[e]s, Jesse and Green O'Danil[sic] Item 4 I give and Bequeth to my Son Jesse the Bald Chist also a hors sadel and Bridel to Be worth one hundred Dollars also a Su[i]t of Claths Equel to what Henry got Item to my Son Green one hors Sadel and Bridel and Sute of Cloths Eiquel to my Jesse also I give to my Son Green my Bead and furnetur My Desk and tabel my Will is that my Negros Be Devided Beteen all my Children vis[viz] Jam[e]s John Henry Jesse and Green O'Daniel my will is that the negros that falls to my Daughter Jean Cates to be hired out for hor yearly Suport By my exacuters for hor Life time and then hor hears to take the profits that is Left Item my will is that Pegey Thompsons three Children Should have thire Mothers part Nance Jene Ane Thompson Itim I give and Bequeth to Nance Basket the Sum of two Dallars I give and Bequeth to John Basket the sum of Two Dallars I give and Bequeth unto William Basket[s] Sons and Daughters of Susanna Basket the Sum of two Dallars my will is all the Rest of my of parishebell propty turn over [page 2] Be Sold and the money arising from the Sail Be Eaquely Devied Beteen all my Liven children and the hears of Peggy Thompson Item it is my will that my Son Jam[e]s O'Daniel Shall have a yearley Suport of what I have willed to his Children for his Life time to Inable him to Rais his Children But for him to make no unnesessary waist then to Return to his Children the Land to John and William O'Daniel and the Residue of Mill and negroes money that Coms to there part and at there fathers Death is to be Eaquely Devided Beteen all his Liven Children Itim It is my will that my Son Jesse O'Daniel should have a yearley Suport of what I have willed to his hears for his Life time to inabel him to Suport his family But not for him to make unneserey Waist nor hier it out for Longer than one year at a time and at his Death Return to his hears Item it is my will that my Son Green Should have a yearley Supourt of what I have willed to his hears for his Life to inable him to Suport his family But to make no unnesserey waist nor hier it out Longer then one year at a taim and at his Death Return to his hears as I Do not want my Land Cut Down By no parson But By [my] own Eshue Lastly I Nomenat and apioint my Son James O'Daniel and Thomas Thompson exacuters of this my Last will and testement Sined Sealed and Delevered By the Sid John O'Daniel to Be his Last Will and tentment[sic] in the presents of us this 20 Day of Aprail 1821 Test the mill have I give to the hears of Jam[e]s Jesse and Gren O'Daniel at the Death of Sid Jam[e]s Jesse and Green O'Danil Intirlined before assigned in presents Test Ezra Durham John O'Daniel (seal) John Durham Jurat Henry O'Daniel Senr. [Will Book Volume E, page 78] The last Will & Testament of John O'Daniel Senr considering the uncertainty of this mortal life & being sound in mind & memory blessed be God for the same, I do make & publish this my last will & testament in manner & form as following that is to say; It is my will that all my just debts be paid by my Exe- cutors Item 2 I give & bequeath unto my two sons John & Henry O'Daniel the tract of Land known by the name of the uper[open? upper?] tract to be equally divided between them both as to quality & quantity to them & their heirs & assigns for ever Item 3 I give & bequeath unto the heirs of my three sons James, Jesse & Green O'Daniel the whole of the plantation where I now live on there being four tract[s] belonging to the same to be equally divided between them as well in quality & quantity my will is that my son James heirs shall have their part where my son James lives My will is that my son Green's heirs shall have their part the houses & building[s] where I live, but not to [Will Book Volume E, page 79] be valued with the land if if they cannot agree in dividing the land it is my Will that my Executors is to appoint men to decide[orig: divide] it for them My will is that the Mill is to be equally divided between the heirs of my three sons James, Jesse & Green O'Daniel Item 4 I give & bequeath to my son Jesse the Bald Chest also a horse, saddle & bridle to be worth one hundred Dollars also a suit of Cloathes equal to what Henry got - Item To my son Green one horse, saddle & bridle & a suit of Cloths equal to my Jesse - also I give to my son Green my bed & furniture my desk & table - My Will is that my negroes be divided between all my children viz James John Henry [orig: Jesse] & Green O'Daniel my will is that the negroes that fall to to[sic] my daughter Jane[orig: Jean] Cates to be hired out for her yearly support by my executors for her lifetime & then her heirs to take the profits that is left Item my will is that Peggy Thompsons three ["daughters" x-out] children should have their mothers part Nance Jane Ane Thompson - Item I give and bequeath to Nancy Basket the sum of two dollars I give & bequeath to John Basket the sum of Two dollars I give & bequeath unto William Bastats[Baskets] sons & daughters of Susannah Baskett the sum of two dollars - My will is all the rest of my of perishable property, be sold & the money arising from the sale be equally divided between [orig: all] my living children & the heirs of Peggy Thompson - Item it is my will that my son James O'Daniel shall have a yearly support of what I have willed to his Children for his life time [orig: enable him] to raise his children, but for him to make no unnecessary waste then to return to his children the land to John & William O'Danuel & the residue of mill & negroes money that comes to their part and at their fathers death [is] to be equally divided between all his living children Item It is my will that my son Jesse O'Daniel should have a yearly support of what I have willed to his heirs for his life time to inable him to support his family, but not for him to make unnecessary waste nor hire it out for longer than one year at a time & at his death return to his heirs - Item It is my will that my son Green should have a yearly support of what I have willed to his heirs for his life to enable him to support his family, but to make no unnecessary waste nor hire it out longer than one year at a time & at his death return to his heirs as I do not want my Land cut down by no person but my own issue -- Lastly I nominate & appoint my son James O'Daniel & Thomas Thompson Executors of this my last Will & testament - Signed, Sealed & delivered by the said John [Will Book Volume E, page 80] O'Daniel to be his last Will & testament in the presence of us this 20th day of April 1821 Test the Mill I have given to the heirs John O'Daniel (seal) of James, Jesse & Green O'Daniel at the death of said James, Jesse & Green O'Daniel interlined before assigned, in presence of Test Ezra Durham John Durham (Jurat) Henry O'Daniel Senr. Orange County February Term 1826 The Execution of the foregoing last Will & testament of John O'Daniel was duly proved in open Court of the Oath of John Durham as subscribing witness thereto & ordered to be Recorded - At the same time the Executors named therein qualified accordingly Test Additional Comments: Will Book Volume E, pages 78-80 Recorded Feb 1825 No estate papers found.