Orange County NcArchives Wills.....Paul, John January 17, 1848 ************************************************ 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 6-9 Written: January 17, 1848 Recorded: Nov 1857 Testator: John Paul In the name of God Amen. I John Paul of Orange County & State of North Carolina being of sound & disposing mind & memory, do make publish & declare This to be my last will & testament; hereby revoking all other wills by me made -- First - I have two tracts of Land, one contai ning about 359 acres, the same being the Tract whereon I live - I give to my grandson John H Paul all that part of my said tract of land which lies on the west & south of the following line, with my dwelling house & the other houses therein - that is to say, beginning at a rock which I have planted on or near the Southern line of said tract, & running thence direct to a pair[pear] tree standing near my stable, thence direct to a walnut tree standing east of my Spring, thence to an apple tree standing west of the grave yard, thence to an apple tree near Yearnans stable, thence northward to a locust tree, thence north to the northern or back line of said tract - all of which said trees I have caused to be marked; the remainder of said tract, towit, all that part lying on the east & north of said line I give to my sons Thomas P Paul & John M Paul -- Secondly - My other tract of land contains about 100 acres & is called the Gantly Tract - the eastern half of this last mentioned tract I give to my sons Thomas P Paul & John M Paul jointly - The remainder or western half of said Gantly tract I give to my said Grand son John H Paul - I also give to my grandson John H Paul one plough & gear, one mattock, one hold & spaid, one axe, one bed & furniture one clock, two stool chairs, two split bottom chairs & one folding table - [page 2] Thirdly - I give & bequeath my negro girl Mary Frank with such increase as she may hereafter have, to my son William Paul -- Fourthly, I give & bequeath my negro boy Henry to my son Thomas P Paul Fifthly I give & bequeath my negro boy Tom to my Son John M Paul Sixthly I give to my grandaughter Mary Paul (daughter of James Paul Decd) one case of drawers one folding table, one bed & furniture, 2 stool chairs & 2 split bottom chairs ~~ Seventhly I give my old man Joe to my Sons William Thomas P & John M Paul with the special request that they will take care of him during his life ~~ Eighthly I give & bequeath to my Sons William Paul & Thomas P Paul and to the survivor of them and the Executors or administrators of the survivor my negro woman Eliza & child and such other increase as she may hereafter have, to be held by them in trust - first, for the sole and separate use and benefit of my daughter Elizabeth Mebane during her natural life, free from any control of her husband Alexander Mebane; Secondly in trust for such child or children or issue of her body as may be surviving at her death, the said child children or issue taking the same according to the same priority and in the same manner as if she owned the property absolutely & were a single woman & died intestate; Thirdly in trust that if my said daughter Elizabeth shall die without leaving any issue of her body living at her death, then that the said trustees, will convey & deliver the same to her next of kin, [page 3] who would be entitled to her personal estate if she died without a husband & intestate Ninthly - I direct my Executors to sell my negroes Dick, Charles, Primus, Peggy, Susan, Porter, Jerry, and Mary Caroline and all the residue of my property not herein disposed of, at public sale for cash or upon such credit as they may think advisable and the money arising therefrom (after the payment of my debts) I give as follows, that is to say - To Mary Paul (before mentioned) seventy five dollars - to my Sister Rachael Hart Thirty dollars - to my Sons William Paul & Thomas P Paul one hundred dollars each -- The rest & residue of money arising from said sale I direct to be divided unto five equal parts, one of which parts I give to my son William Paul, one to my son John M Paul, one to my son Thomas P Paul, one to my son David D Paul; The remaining fifth part of the sum so as aforesaid directed to be divided, I give to my Son William Paul & Thomas P Paul to be held by them in trust for the separate use & benefit of my daughter Elizabeth Mebane, wife of Alexander Mebane free from the control of her said husband and in no wise to be subject to the payment of his debts or contracts and such parts of the principal and interest of the said sum to be to my said daughter as she may from time to time require under her hand. what she does not so require to be put at interest & what ever may remain of the said sum of money at the death of my said daughter the said trustees are directed to dispose of in the same manner as the negroes mentioned in the clause next immediately preceding [page 4] Tenthly I have heretofore given to my Son William Paul a negro man named Sam - & to my son Thomas P Paul a negro man named Lewis, I now confirm these gifts. I have also recently sold to my son David D Paul a negro girl named Ann, - [x-out] & her infant child, I now confirm the said sale & direct my Executors herein after named to make title; I appoint my Sons William Paul & Thomas P Paul Executors of this my last will & testament. In testimoney whereof I have hereunto set my hand & seal this the 17 day of January 1848 Signed sealed published & declared as the last will John Paul (seal) & testament of John Paul in the Presence of us who have become subscribing witnesses Thereto at his request this 17th day of Jany 1848 James Riley } Cad: Jones Jr } Jurat [Will Book Volume G, page 6] In the name of God Amen. I John Paul of Orange County & State of North Carolina being of sound and dis -posing mind & memory do make publish & declare this to be my last will & testament hereby revoking All other wills by me made First - I have two tracts of Land One Containing about 359 Acres the same being the tract wher= =eon I live I give to my grandson John H Paul all that part of my said tract of land which lives[lies] on the West & South of the following line with my dwelling house & the other houses therein - that is to say beginning at a rock which I have planted on or near the Southern line of said tract & running thence direct to a pair tree standing near my stable thence direct to a walnut tree standing east of my Spring, thence to an apple tree stan- dening[sic] west of the grave yard thence to an Apple tree near Yearnans stable thence nor- -thward to a locust tree thence north to the northern or back line of said tract [Will Book Volume G, page 7] all of which said track[orig: trees] I have caused to be marked the remainder of said tract towit, all that part lying on the east & north of said line I give to my sons Thomas P Paul & John M Paul Secondly My other tract of land contains about 100 Acres & is called the gantly tract the eastern half of this last mentioned tract I give to my sons Thomas P Paul & John M Paul jointly the remainder or Western half of said Gantly tract I give to my said grand son John H Paul, I also give to my grandson John H Paul One plough & geer, One Mattock, One hold & spaid, One ax One bed & furniture One Clock two stool chairs, two split bottom chairs & One folding table Thirdly I give & bequeathe my negro girl Mary Frank with such increase as she may hereafter have to my son William Paul Fourthly I give & bequeathe my negro boy Henry to my son Thomas P Paul Fifthly I give & bequeathe my negro boy Tom to my Son John M Paul Sixthly I give to my grandaughter Mary Paul daughter of James Paul Decd one case of drawers One folding table, One bed & furniture, 2 stool Chairs & 2 split bottom chairs Seventhly I give my old man Joe to my Sons William Thomas P & John M Paul with the special request that they will take care of him during his life Eightly I give & bequeath to my Sons William Paul & Thomas P Paul and to the Survivor of them and the Execu= =tors or adminis[trators] of the survivor my negro Wom= =an Eliza & child and such other increase as she may hereafter have, to be held by them in trust first for the Sole and Separate use and benefit of my daughter Elizabeth Mebane during her natural life free from any control of her husband Alexander Mebane Secondly in trust [Will Book Volume G, page 8] for such Child or Children or issue of her body as may be surviving at her death the said child children or issue taken[taking] the same according to the same priority and in the same manner as if she award[owned] the property absolutely & were a single woman & died intesta= =te Thirdly in trust that if my said daugh= =ter Elizabeth shall die without leaving any issue of her body living at her death than[then] that the said trustees will convey & deliver the same to her next of kin who would be intitled to her personal estate if she died without a husband & intestate Ninthly - I direct my Executors to sell my negroes Dick Charles Primas Peggy Susan Porter Jerry and Mary Caroline and all the residue of my property not herein dispo= =sed of at public sale for cash or upon such credit as they may think advisable and the money arising therefrom (after the payment of my debts) I give as follows that is to say to Mary Paul before mentioned seventy five dollars to my Sister Rachael Hart thirty dollars to my Sons William Paul & Thomas P Paul One hundred dollars each the rest & residue of money arising from said sale I direct to be divided unto five equel[sic] parts One of which parts I give to my son William Paul One to my son John M Paul One to my son Thomas P Paul One to my son David D Paul the the[sic] remaining fifth part of the sum so as aforesaid directed to be divided, I give to my Son William Paul & Thomas P Paul to be held by them in trust for the separate use & benefit of my daughter Elizabeth Mebane, wife of Alexander Mebane free from the Control of her said husband [Will Book Volume G, page 9] and in no wise to be subject to the payment of his debts or Contracts and such parts of the principal and interest of the said sum to be to my said daughter as she may from time to time require under her hand. what she does not so require to be put at interest & what ever may remain of the said sum of money at the death of my said daughter the said trustees are directed to dispose of in the same man= =ner as the negroes mentioned in the clause next immediately preceding Tenthly I have heretofore given to my Son William Paul a negro man named Sam & to my son Thomas P Paul a negro man named Lewis I now Confirm these gifts, I have also recently sold to my son David D Paul a negro girl named Ann & her infant child I now Confirm the said sale & direct my Executors herein after named to make title I Appoint my sons William Paul & Thomas P Paul executors of this my last will & testament In testimony whereof I have hereunto set my hand & seal this the 17th day of January 1848 Signed sealed published & declared as the last will & testament of John Paul in the presence of us who have become subscribing witnesses thereto at his request this 17th day of Jany 1848 James Riley John Paul (seal) Cad: Jones Jr Orange County Court November Term 157 The Execution of the foregoing last will and testament of John Paul decd. was duly proved on the oaths of open Court and ordered to be recorded At the same time Will Paul and Thomas P Paul the Executors therein named appeared in open Court & Qualified accordingly Test Additional Comments: Will Book Volume G, pages 6-9 Recorded Nov 1857 Estate Papers comprise 35 pages and are found in a folder labeled "Paul, John (1851)" [Estate Papers - Inventory Feb 1852] Negroes by the last will & testament of John Paul deceased directed to be sold, -- Dick Charles Primus, (Peggy died in the lifetime of the testator) Susan & child, Porter, Jerrey, & Mary Carolina, William Paul } } Executor Thos. P. Paul } [Estate Papers - Sale of Negroes 20 Dec 1851] Sale of Negroes belonging to the estate of John Paul Decsd. made this 20th day of December 1851, on a credit of six months, but William & Thos. P. Paul Exrs Names of Purchases Negroes Sold $ cts Willis Hester Dick 380.00 John M. Paul Charles 466.00 Willis Hester Primus 616.00 George Laws Porter 770.00 John Borough Jerrey 727.00 Sale made on the 29th day of December on a credit of six months C. Lutterloh Susan & Child 875.00 Sale made on the 31st day of January 1852 on a credit of six month C. Lutterloh Mary Caroline 436.00 ___________ $4270.00 William Paul } } Executor Thos. P. Paul }