Orange County NcArchives Wills.....Parker, David August 24, 1844
************************************************
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 462-465
Written: August 24, 1844
Recorded: Aug 1850
Testator: David Parker

In the name of God, Amen!

    I David Parker of the County of Orange and
State of North Carolina, being of an advanced age
but still blessed with tolerable health of body, & with
a sound mind and disposing memory, do hereby
discharge the last duty which I owe to my family in
the final disposition of my worldly estate, by making this
my last Will and testament: made published and
declared by me on this the 24th day of August 1844

1st. It is my last will & desire that all my just debts
shall be paid with as little delay after my decease
as circumstance will permit

2nd. I give to my son Harrison Parker two hundred dollars
to be held by him in trust for my daughter Nancy Evans
as hereinafter provided.

3rd. I desire all my children to be made equal with
regard to advancements, and for that purpose I direct
that schedules shall be rendered of all I have given to my
children or may yet give to them during my life, and in-
cluding the $200 above, given to my daughter Nancy; And it
is further my will & desire that my son Abner's advance-
ments shall be doubled in amount on the settlement of
advancements, on account of advancements made by me
to my son in law Col William Horner and assuming
that the advancements made to him were equal in
value to the advancements made to my son Abner, The
reasons for which will more fully appear from another
part of my will. I also further direct that the advancements
of my Daughter Nancy ["shall be taken" x-out] (including the above
$200) shall be deemed equal in value ["to the highest ad" x-out]
["vancements made to any one of my other children, not" x-out]
["meaning herein above double advancement" x-out]
to the advancements of my son Abner that his single advancement or one half
the double advancement her[e] mentioned. And
I give to my children and grand daughter Jane Parker
daughter of my son David Parker deceased sums out

[page 2]
of my estate which may be necessary in order to bring the
advancements of inferior value to an equality with the
highest.

4th After my children and grand daughter Jane Parker
shall have been made equal out of my estate with regard
to advancements, I will and direct that all the residue
of my estate both real and personal shall be divided
into six equal parts or shares.

5th: I give and devise one equal share or sixth part
thereof to my son Harrison his heirs and executors
and administrators forever.

6th. I give and devise to my son Abner Parker two
shares or two sixth parts thereof to him his heirs executors
and administrators forever.

7th: I give and devise to my son Jesse Parker one equal
share or sixth part thereof to him his heirs executors
and administrators forever.

8th: I give and devise one equal share or sixth part
thereof to my grand daughter Jane Parker the daugh-
ter of my son David Parker deceased & her heir
executor and administrators forever.

9th I give and devise the remaining share or sixth
part thereof including also the above mentioned
legacy of $200, to my son Harrison Parker in trust
to him his heirs executors and administrators for
the sole & separate use & maintenance of my daugh[t]er
Nancy Evans during her natural life and at
her death for her lawful issue forever.  The proceeds
rents & profits of said fund to be applied to her yearly
support, but the property & every part thereof to be free from
the control of her husband & from all liability for
his debts & contracts. And it is my will that the
said trustee may if it shall become necessary in his
opinion use a portion the principal of this fund for
the separate maintenance of my said daughter. And

[page 3]
her receipts shall be a full discharge and protec-
tion for him in the management of this fund. If any of the
children of my said daughter shall die before the time
appointed for the division of this property among them with-
out leaving lawful issue the share of such child or chil-
dren so dying shall be divided among the survi-
ving brothers & sisters - And if any of them shall so die
leaving lawful issue such issue shall reprisent[sic] & re-
ceive the share of the deceased parent; And the division
among the children of my daughter Nancy as above direc-
ted shall be made share & share alike one year after
her death.

9th[sic] In making this disposition of all my property and effects
it has been my aim and desire to make all my chil-
dren equal having the same regard and affection
for them & being sensible that they have all an equal
claim upon me. And having this purpose in view I have
in this my last will given to my son Abner a double
portion of my estate, and have excluded the children
of my daughter Sally Horner, because as I am informed
their grand father Thomas Horner by his Will gave no part
of his estate to his grand children, the children of my
son Abner or to him for them, but did give to his son Col.
William Horner my son in law a full share of his estate.
And in estimated the respective value of the estate
of Thomas Horner & myself, I think this provision will effect
the purpose I desired.  I have been pained at the necessity
of so ordering this part of my will and assure my
grand children that it is for no lack of affection-
ate regard for them, but solely for the purpose of
producing a fair equality between my said
two sets of grand children as above stated.

10. It is my earnest desire & request that my negroes
may not be sold, but divided, unless a sale cannot
be avoided either for payment of debts, or to make

[page 4]
the division

11th I appoint my oldest son Harrison Parker the
executor of this my last Will:

Signed Sealed published and declared on the day
first above mentioned
                           David Parker (seal)
In presence of
Interlined as to Nancy
Evans advancement
before signing

Willie P Mangum
William Jones       Jurat
Charles E Russ

[Will Book Volume F, page 462]
        In the name of God, Amen!

I David Parker of the County of Orange and State of
North Carolina, being of an advanced age but still blessed
with tolerable health of body, & with a sound mind and
disposing memory, do hereby discharge the last duty which
I owe to my family in the final disposition of my
worldly estate, by making this my last Will and Testament:
made published and declared by me on this the 24th
day of August 1844

1st. It is my last will & desire that all my just debts
shall be paid with as little delay after my decease
as circumstance will permit

2nd. I give to my son Harrison Parker two hundred
dollars to be held by him in trust for my daughter
Nancy Evans, as hereinafter provided.

3rd. I desire all my Children to be made equal with

[Will Book Volume F, page 463]
regard to advancements, and for that purpose I direct -
that schedules shall be rendered of all I have given to my
Children or may yet give to them during my life,
and including the $200 above, given to my daughter Nancy;
and it is further my will and desire that my son
Abner's advancements shall be doubled in amount on
the settlement of advancements, on account of
advancements made by me to my son-in-law
Col. William Horner and assuming that the advance=
ments made to him were equal in value to the advance=
ments made to my son Abner. The reasons for
which will more fully appear from another part of
my will. I also further direct that the advance=
ments of my Daughter Nancy (including the above
$200. shall be deemed equal in value to the advancements
of my son Abner, that his single advancement or
one half the double advancement here mentioned. And
I give to my children and grand daughter Jane
Parker, daughter of my son David Parker deceased
sums out of my estate which may be necessary in order to
bring the advancements of inferior value to an equality
with the highest.

4th After my children and grand daughter Jane Parker
shall have been made equal out of my estate with
regard to advancements; I will and direct that all
the residue of my estate both real and personal shall
be divided into six equal parts or shares.

5th: I give and devise one equal share or sixth part thereof
to my son Harrison his heirs and Executors and adminis=
trators forever

6th. I give and devise to my son Abner Parker two
shares or two sixth parts thereof to him and his
heirs executors and administrators forever --

7th: I give and devise to my son Jesse Parker one equal
share or sixth part thereof to him his heirs executors
and administrators forever.

8th: I give and devise one equal share or sixth part
thereof to my grand daughter Jane Parker the
                                    daughter

[Will Book Volume F, page 464]
daughter of my son David Parker deceased & her heir execu=
tor and administrators forever.

9th I give and devise the remaining share or sixth
part thereof including also the above mentioned legacy
of two hundred dollars to my son Harrison Parker
in trust to him ["and" x-out] his heirs executors and
administrators for the sole and separate use and
maintenance of my daughter Nancy Evans during
her natural life and at her death for her lawful
issue forever. The proceeds rents & profits of said
fund to be applied to her yearly support but
the property and every part thereof to be free from
the control of her husband & from all liability
for his debts and contracts. And it is my
will that the said trustee may if it shall
become necessary in his opinion use a
portion the principal of this fund for
the separate maintenance of my said daughter:
And her receipts shall be a full discharge and Protection
for him in the management of this fund. If
any of the Children of my said daughter shall
die before the time appointed for the division of this
property among them without leaving lawful issue
the share of such Child or Children so dying shall
be divided among the surviving brothers & sisters -
And if any of them shall so die leaving lawful issue
such issue shall represent, & receive the share of the
deceased parent; And the division among the Children
of my daughter Nancy as above directed shall be
made share & share alike one year after her death.

9th[sic] In making this desposition[sic] of all my property & effects
it has been my aim and desire to make all my Chil=
dren equal having the same regard and affection
for them & being sensible that they have all an equal Claim
upon me. And having this purpose in view I have
in this my last will given to my son Abner a
double portion of my estate, and have excluded the
Children of my daughter Sally Horner, because

[Will Book Volume F, page 465]
as I am informed their grand father Thomas Horner by his
Will gave no part of his estate to his grand children; the children
of my son Abner or to him for them, but did give
to his son Col. William Horner my son-in-law a full share of
his estate. And in estimated the respective value of
the estate of Thomas Horner & myself, I think this provision
will effect the purpose I desired. I have been pained
at the necessity of so ordering this part of my will and
assure my grand children that it is for no lack
of affectionate regard for them, but solely for the
purpose of producing a fair equality between my said
two sets of grand Children as above stated.

10th It is my earnest desire & request that my negroes
may not be sold, but divided, unless a sale
cannot be avoided either for payment of debts or
to make the division

11th I appoint my eldest son Harrison Parker
the executor of this my last Will

        Signed, Sealed, published and declared on the
day first above mentioned

In presence of                 }   David Parker (seal)
Interlined as to Nancy Evan's  }
advancement before signing     }
    Willie P Mangum            }
    William Jones              }
    Charles E Russ             }

                  Orange County Augt. Term 1850
The execution of the foregoing last will & Testament
of David Parker decd, was duly proved in open
Court by the oath of William Jones one of
the subscribing witnesses thereto & order to be
Recorded - at the same time Harrison Parker
The Executor therein named appeared in open
Court & qualified accordingly
                   Test

Additional Comments:
Will Book Volume F, pages 462-465
Recorded Aug 1850

Large cross-out near the end of page one is somewhat confusing, but the loose will and will book transcriptions match.

There is a second hand-written copy of the loose will in the same folder as the original.

Estate Papers comprise 484 pages and are found in a folder labeled "Parker, David, Jr. (1841)"  This combines the records of this testator, and his son, David Parker, Jr, who died in 1841, intestate and is mentioned in this testator's will. Abner, this testator's son, was appointed administrator of his brother's estate.

Thomas Horner and this testator were partners in a mercantile business.  Much of these estate papers involve the dissolution of this partnership upon his death and disputes over dividing up the assets owned by the business.

David Parker, Jr. left widow Nancy and "one child by a former marriage.", named in these papers "Jane Rebecca Parker".  Jane Rebecca Parker was the daughter of Jane Nelson and David Parker, Jr. This Jane Nelson was the only daughter of William Nelson.  Jane Rebecca Parker married Robert H. Harris, in August 1856, being then between seventeen and eighteen year of age.

There is a great deal of history and details about the testator and his family.

Sale of David Parker Jr.'s slaves took place on 28 Dec 1842

Jul 1850 "Burying Clothes for Mrs. Nelson"

[Estate Papers - Petition to sell Slaves Nov 1842]

North Carolina } Court of Pleas & Quarter Sessions
 Orange County } November Term A.D. 1842

        To the Worshipful Justice of said Court -
        The Exparte Petition of Abner Parker Admin-
        istrator of David Parker Junr. decd ~~~

    Your Petitioner humbly sheweth unto Your
Worships, that David Parker Junr., late of the County
aforesd. departed this life in the year 1841, in=
testate - and that at the November Sessions 1841
of this Worshipful Court Letters of Adminis=
tration upon the Estate of said Intestate
were duly granted unto your Petitioners. -

    Your petitioner further sheweth that
his said Intestate left him surviving
his widow, Nancy Parker; and one child by
a former marriage;
And that he was possessed at the time of
his death of only two slaves, viz: a man
now about twenty four years of age by the
name of Stanford; and a woman by the
name of Tempe, now about 19 years of age, who
hath since given birth to one child, the
name of which child is not recollected by Your Petitioner
- so that the slave property now consists of a
likely & valuable young man, & a young
woman & child. ~~~ You Petitioner further
sheweth that the residue of the Estate of his In=
[tes]tate consisted mainly of a stock of Merchan=
dize, in which his Intestate was at the time of his death
& for some years before, engaged in trade with
a partner, William Nelson Esqr. of the Town
of Hillsboro' - the control & management of which
concern hath heretofore continued with the survi=
=ving partner for the purpose of closing the same.
From the difficulty of the times, which for some years
past has pressed with great severity upon the
trading community, & which in the future promises
no improvement at an early day; Your Petitioner

[page 2]
believes that it is improbable that funds will
accrue to the Estate of his Intestate from the
Mercantile concern above referred to, where=
with unequal dividend in the slave property
aforesd. could be equalized - were the slaves
aforesd. to be divided; and Your Petitioner al=
=ledges that the said slave property could
not be equally divided among the distrib=
=utees without a sale. - In view of this state
of things, it is believed by Your Petitioner &
by the friends of the family left by the Intestate
aforesd., that a sale of said slave property
by an order of this Worshipful Court, accord=
ing to the Act of Assembly in such case made
& provided, is desireable; Wherefor Your
Petitioner prayeth Your Worships for
an order that he have leave to sell
said slaves - upon such credit as to Your Wor=
ships may seem meet. -- & Your Petitioner will
ever pray --
                          D. H. Mangum
                          Atto. for Petr.

[Estate Papers - Sale of Negroes 28 Dec 1842]

Sale list of three negroes, sold as the property of David
Parker Jr. decd. by Abner Parker Admr. -- Sold at the residence
of David Park Sr. the 28th of Decr. 1842, on a credit of
Twelve month

Boy Stanford        David Parker       510.05
Girl Tempy & child  David Parker       405.10
                                    ___________
                                      $915.15

[Note: It appears that David, Jr.'s slaves were purchased by
David, Sr.]