Orange County NcArchives Wills.....Pratt, Loftin K August 4, 1846 ************************************************ 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 297-301 Written: August 4, 1846 Recorded: Aug 1845 Testator: Loftin K Pratt I Loftin K. Pratt of the County Orange & State of North Carolina being of Sound mind and memory but considering the uncertainty of my earthly existence 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 provide for my body a decent burial suitable to the wishes of my relations and friends & pay all funeral expenses together with my Just debts howsoever and to whomsoever owing out of the monies that may first come into his hands as a part or parcel of my estate Item 2nd my will and desire is and I do will and direct that my executor sell such parts of my personal & perishable property as in his discretion can best be spared without incon= =venience to my family also two tracts of Land to the highest bidder on a credit of twelve months One lying in Moore County on Deep River containing two Hundred acres more or less and also one tract in Orange County on the waters of New Hope adjoining Wm Robson Wm Duskin & other Containing One Hundred & Seventy five acres more or less, and out of the monies arising therefrom together with such debts as may be due me that he pay all my Just debts Item 3rd I Lend to my beloved wife Nancy Pratt for and during her natural life or widowhood unless some of my children should sooner marry the tract of Land whereon I now Live with all other of my Lands adjoining the same with the appurtenances as also my negroes Martin & Anthony together with my Stock of all Kinds, Waggon & Geer Blacksmiths tools Household & Kitchen furniture farming tools together with my present & growing Crop with provisions of all Kinds, but if any of my children should marry before the death of mar= riage of my wife, I give to such child a bed & bedstead with its necessary furniture Cow & Calf and also a horse if there should be sufficient number of Horses to do so without injury to the rest of my family. I also direct that on the marriage of either of my Children that my lands be equally [page 2] divided between my wife & Children, namely James, Mary, Frances, Car= =oline & Martha Pratt & that such married Child to have her share laid off so as to include the Dwelling house and other out buildings she also to have the use and possession of the lots of my other children until such time as they shall marry - and the lot laid out for her share during her life Item 4th at the death or marriage of my Wife my Will is that my executor sell my negroes and all other property of my estate that may remain that has been lent to my Wife and that the same be equally divided, provided she shall marry between my wife and all my children share and share alike or other wise if she shall remain unmarried to be divided equall[y] amongst all my Children Such Children as may have received any part of my property beforehand to account for the same in the final Settlement of my estate And lastly I do hereby Constitute and appoint my Son James Thomas Pratt my Lawful executor to all intents & purposes to execute this my Last Will and testa= =ment according to the true intent & meaning of the same and every part & clause thereof hereby revoking and declaring utterly Void all other wills and testaments by me heretofore made In Witness Whereof I the said Loftin K Pratt do hereunto set my hand and seal this 4th day of August A.D. 1846 Signed sealed published & declared by L. K. Pratt (seal) the said Loftin K Pratt to be his last will and Testament in the presence of us Who at his request and in his presence do subscribe our names as Witnesses thereto Word "Frances interline before signing C W Johnston Silas M Link [page 3] Whereas I Loften K Pratt have this day made my last will and testament in writing but having therein Omitted one item which was intended to be inserted I do by this my writing which I hereby declare to be a codicil to my Said will to be taken and Construed as a part thereof Will and direct that in the event that my negro man Martin lent to my wife in my foregoing will shall not behave himself in such manner as to give satisfaction to my wife that my executor shall have discretion =ary power to sell him and to place the money at interest the same to be equally divided between my wife if she be living and my Children each Child to receive his share on arriving at Lawful age - In Testimony Whereof I hereunto set my hand & Seal this 4th day of August A.D. 1846 Signed sealed published and declared by the said Loftin K Pratt to be a Codicil L. K. Pratt (seal) or part of his last will and testament in presence of us who at his request and in his presence do subscribe our names as witnesses C W Johnston Silas M Link Whereas I Loftin K Pratt have made my last Will and testament in writing bearing date this day as also the foregoing Codicil but having omitted a certain matter both in my said Will and the foregoing Codicil I do by this my Writing Which I hereby declare to be another Codicil to my will and to be taken and construed as a part thereof, Direct my Executor that Out of the surplus of monies in his hands after payment of my debts that he purchase a negro Woman or Girl for the Common benefit of my family & that she be considered in all respects as part of my estate to be distributed in the same manner as my other property In Testimony Whereof I have hereunto set my hand & Seal the 4th August AD 1846 Signed sealed published & declared by the L. K. Pratt (seal) said Loftin K Pratt to be a codicil or part of his last will & testament in presence of us who at his request & in his presence & in the presence of each other do subscribe our names as witnesses C W Johnston Silas M Link [Will Book Volume F, page 297] I Loftin K. Pratt of the County Orange & State of North Carolina being of sound mind and memory but con= sidering the uncertainty of my earthly existence do make & declare this my last Will & Testament in manner & form following, that is to say. First that my executor herein after named shall provide for my body a decent burial suitable to the wishes of my relations and friends & pay all funeral expenses together with my Just debts, how= soever and to whomsoever owing out of the monies that may first come into his hands as a part or parcel of my Estate [Will Book Volume F, page 298] Item 2nd my will and desire is, and I do will & direct that my Executor sell such parts of my personal & perish= able property as in his discretion can best be spared with= out inconvenience to my family also two tracts of land to the highest bidder on a credit of twelve months One lying in Moore County on Deep River containing Two hundred acres more or less and also one tract in Orange County on the waters of New Hope adjo= ining Wm Robeson, Wm Duskin & other containing one hundred & seventy five acres more or less, and out of the monies arising therefrom together with such debts as may be due me that he pay all my just debts Item 3rd I lend to my beloved wife Nancy Pratt for and during her natural life or widowhood unless some of my children should sooner marry the tract of land whereon I now live with all other of my lands adjoining the same with the appurten ances as also my negroes Martin & Anthony together with my stock of all kinds, wagon & geer Blacksmiths tools Household & kitchen furniture farming tools together with my present & growing crop with provisions of all kinds, -- But if any of my children should marry before the death of marriage of my wife I give to such child a bed & bedstead with its necessary furniture cow & calf and also a horse if there should be sufficient number of horses to do so without injury to the rest of my family - I also direct that on the marriage of either of my Children that my lands be equally divided between my wife & children, namely James Mary Frances Caroline & Martha Pratt & that such married child to have her share laid off so as to include the dwelling house and other out buildings she also to have the use & possession of the lots of my other children until such time as they shall marry and the lot laid laid[sic] out for her share during her life [Will Book Volume F, page 299] Item 4th At the death or marriage of my wife my will is that my Executor sell my negroes and all other property of my estate that may remain that has been lent to my wife and that the same be equally divided, provided she shall marry between my wife and all my children share & share alike or otherwise if she shall remain unmarried to be divided equally among all my Children such children as may have received any part of my property before hand to account for the same in the final settlement of my estate And lastly I do hereby constitute and appoint my son James Thomas Pratt my Lawful Exec= utor to all intents and purpose to execute this my last Will & testament according to the true intent & meaning of the same and every part & clause thereof hereby revoking & decl= aring utterly void all other wills and testam= ents by me heretofore made In testimony whereof I the said Loftin K Pratt do hereunto set my hand and seal this 4th day of Augt AD 1846 Signed sealed published & L. K. Pratt (seal) declared by the said Loftin K Pratt to be his last will and testament in the presence of us who at his requist and in his presence do subscribe our names as witnesses thereto C W Johnston Silas M Link Whereas I Loften K Pratt have this day made my last will & testament in writing but having therein omitted one item which was intended to be inserted I do by this my writing which I hereby declare to be a codicil to my said will to be taken & construed [Will Book Volume F, page 300] as a part thereof Will & direct that in the event that my negor[sic] man Martin lent to my wife in my foregoing will shall not behave himself, in such manner as to give satisfaction to my wife that my Executor shall have discretion= ary power to sell him and to place the money at interest the same to be equally divided between my wife if she be living & my child= ren each child to receive his share on arriving at lawful age - In testimony whereof I here= unto set my hand & seal this 4th day of August AD 1846 Signed sealed published & declared } by the said Loftin K Pratt to be } L. K. Pratt (seal) a codicil or part of his last Will } and testament in presence of us } who at his request & in his presence } do subscribe our names as witnesses } C W Johnston Silas M Link Whereas I Loftin K Pratt have made my last Will and testament in writing bearing date this day as also the foregoing codicil but having omitted a certain matter both in my said Will and the foregoing Codicil I do by this my writing which I hereby declare to be another codicil to my will and to be taken and construed as a part thereof Direct my Executor that out of the surplus of monies in his hands after payment of my debts that he purchase a negro woman or girl for the Common benefit of my family & that she be considered in all respects as part of my estate to be distributed in the same manner as my other property In testemoney whereof I have hereunto set my hand & seal the 4th Augst AD 1846 Signed sealed published & declared by the said } Loftin K Pratt to be a codicil or part of his last will } L. K. Pratt (seal) & testament in presence of us who at his request } & in his presence & in the presence of each other } do subscribe our names as witnesses C W Johnston Silas M Link [Will Book Volume F, page 301] Orange County August Term 1846 The Execution of the foregoing last Will & testa= ment of Loftin K Pratt as well as the annexed Codicils thereto was duly proved in open court by the oaths of C W Johnson & Silas M Link the subscribing witnesses thereto and ordered to be recorded at the same time James T Pratt the Executor therein named appeared in open court and was qualified accordingly Test Additional Comments: Will Book Volume F, pages 297-301 Recorded Aug 1845 Estate Papers comprise three pages and are found in a folder labeled "Pratt, L K (1850)" and contains the Administrator Bond, dated 27 November 1850, with John Boroughs appointed Loftin K Pratt's middle name is Kinchlow