Orange County NcArchives Wills.....Proctor, Joseph June 22, 1860 ************************************************ 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 243-244 (22 Jun 1860) Uncle Written: June 22, 1860 Recorded: Nov 1860 Testator: Joseph Proctor [Please note. There are two wills for Joseph Proctor in 1860 in Orange County. They are uncle and nephew and represent two unique estates. See notes below] [First Loose will in folder - "Uncle", dated 22 Jun 1860] I Joseph Proctor of the County of Orange and 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 hereinafter named shall provide for my body a decent bur- ial suitable to the wishes of my friends and Relations and pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the first monies that may come into their hands as a part or parsel of my Estate. Item I give and devise to my youngest son Joseph Proctor a certain Lot or parsell of Land Lying in the South west corner of my tract of Land to be set out by metes and bounds in cluding my mansion House and all other out Houses and other improvements the Line to commence on the Line between me & Thomas Christians Heirs where the path turns at the corner of the fence said path Leading to Marcoms saw mill Running thence North with the fence untill it comes East of the Spring thence west to the spring thence across the middle of the spring thence down the spring branch to Elebees Creek thence across said Creek to Allen Roberts Line thence west with Roberts Line to a Hickary corner thence to the creek [page 2] W. N. Pratt Line thence East to a Stick on W. N. Pratts Lie thence East to a pine Pratts & Christians Heirs corner thence the Line between my Land & Christians Heirs to the first station. To have and to hold to him and his Heirs in fee simple forever Item give and devise to my daughter Sally a Lot of Land begin[n]ing at a pine John Pool's corner thence North to a mulberry tree thence East to J. P. Marcom's Line thence south with Marcoms Line to Pools Line thence west to the begin[n]ing to have and to hold to her Sally during her Life time at her death said Lot of Land to be sold and divided Equally between my heirs Sally is to have the priviledge of gitting fier wood off my other Land as Long as she Lives My will is that after my death that the Remain- der of my tract of Land be sold and Equally divided betwe[e]n Nancy Whitaker William Proctor Patsey Brownings Heirs Anderson Proctor Heirs, Sally Cole & Joseph Proctor I also want all Stock of Hogs Cows & Sheepe House & Kitchen furniture to be sold & divid ed Equally between (my) sons and daughters above named. And Lastly - I do hereby constitute and appoint my trusty friend M. A. Angier My Lawful Executor to all intents and purposes to Execute this my Last Will & Testament according to [page 3] the true intent and meening of the same and every part & clause there of Hereby Revoking & declaring ut[t]erly void all other wills & testaments by me heretofore made. In witness whereof I the said Joseph Proctor do hereunto set my [hand] and seal this 22nd day of June 1860 Signed sealed published his and Declared by the said J. (X) P.oroctor (seal) Joseph Proctor to be his Last mark will & testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto Hampton W Dollar Jurat J. W. Markham Jurat [Will Book Volume G, page 243] I Joseph Proctor of the County of Orange and State of North Carolina being of sound mind and memory, but considering the uncertain= ty 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 hereinafter named shall provide for my body a decent burial suitable to the wishes of my friends and relations and pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the first monies that may come into their hands as a part or parsel of my Estate. Item I give and devise to my Youngest son Joseph Proctor a certain lot or parsell of Land lying in the South West corner of my tract of Land to be set out by metes and bounds including my Mansion Home[house] and all other out Homes[houses] and other improvements the line to commence on the line between me & Thomas Christmans heirs where the path turns at the corner of the fence said path leading to Marcoms saw mill Running thence North with the fence untill it comes East of the Spring thence West to the Spring thence across the middle of the Spring thence down the Spring branch to Ellerbees Creek thence across said Creek to Allen Roberts Line thence West with Roberts line to a hickory corner thence to the creek W N Pratts line thence south to a stick on W N Pratts line thence East to a pine Pratts & Christians Heirs corner thence the line [Will Book Volume G, page 244] between my land & Christmans heirs to the first Station. to have and to hold to him and his Heirs in fee simple forever Item give and devise to my daughter Sally a Lot of Land beginning at a pine John Pool's corner thence North to a Mulberry tree thence East to J P Marcoms line thence south with Marcoms line to Pools Line thence West to the beginning to have and to hold to her Sally dureing her life time at her death said Lot of Land to be sold and divided Equally between my heirs Sally is to have the privaledge of Getting fire Wood off my other Land as Long as she lives My will is that after my death that the remainder of my tract of Land be sold and Equally divided between Nancy Whitaker William Proctor Patsy Brownings heirs Anderson Proctor heirs, Sally Cole & Joseph Proctor I also want all Stock of Hogs Cows & Sheep home[house] & Kitchen furniture to be sold & divided equally between my sons and daughters above named. And Lastly I do hereby constitute and appoint - my trusty friend M A Angier my lawful executor to all intents and purposes to execute this my last will & testament according to the true intent and meaning of the Same and every part & clause thereof Hereby revokeing & declareing utterly void all other wills & testaments by me heretofore made. In witness whereof I the said Joseph Proctor do hereunto set my [hand] and seal this 22nd day of June 1860 Signed sealed published and } his declared by the said Joseph Proctor } J. (X) Proctor (seal) to be his Last will & testament in the } mark presence of us who at his request and in } his presence do subscribe our names } as witnesses thereto } Hampton W Dollar } J. W. Markham } Orange County Court Augt Term 1860 The execution of the foregoing last will and Testament of J Proctor decd. was duly proved in open Court according to Law. see minutes [Second Loose will in folder - "Nephew", dated 19 Jul 1860] I Joseph Proctor of the County Orange and 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 (hereinafter named) Shall provide for my body a decent burial suitable to the wishes of my Relations and friends and pay all funeral expences together with my just debts howsoever and to whomso[ev]er oweing out of the first monies that my come into his hands as a part or parcel of my estate. Item - I give and devise to my beloved wife two hundred & twenty acres of Land and all my Stock of Horses, cows, Hogs, House hold & Kitchen furniture two wagons and all my farming tools to have and to Hold to her the Said Susan Proctor for and during the term of her natural Life. After the death of [my] wife Susan my will and desire is for all the above named property that be on hand to be equally divided between 5 of my daughters Nancey C Copley, Susan Mc Duke, Martha J Proctor, Lucy H Proctor & Vashtie Proctor Item I give and devise to Elizabeth A. Mangum one Dollar in Money Item I give and devise to my son Richard M Proctor one Dollar in Money. And Lastly - I do hereby constitute and appoint my trusty friend M. A. Angier my Lawful Executor to all intents and purposes to Execute [page 2] This my last will and testament according to the true intent and meaning of the same and every part and clause thereof - hereby revoking and declaring utterly void all other wills and testam- ents by me heretofore made. In witness whereof I the said Joseph Proctor do hereunto set my hand and seal this 19th day of July A D 1860. Signed sealed published and declared by the said Joseph Proctor to be his last will and testam- ent in the presence of us who at His request and in his presence do subscribe our names as witnesses thereto. Test Joseph Proctor (seal) Sterling Proctor Jurat John Proctor [Will Book Volume G, page 248] I Joseph Proctor of the County - Orange and State of North Carolina being of sound Mind and Memory but considering the uncertainty of my earthenly[sic] existence do make and declare this my Last Will and testament in manner and form following that is to Say First That my Executor hereinafter named Shall provide for my body a decent burial suita- ble to the wishes of my relations and friends and pay all funeral expences together with [Will Book Volume G, page 249] my Just debts howsoever and to whomsoever owing out of the first monies that my come into his hands as a part or parsel of my estate. Item I give and devise to my beloved wife two hundred & Twenty acres of Land and all my Stock of horses Cows hogs, House hold & Kitchen furniture two waggons and all my farming tools to have and to hold to her the Said Susan Proctor for and during the Term of her natural life. After the death of - wife Susan my will and desire is for all the above named property that be on hand to be equally divided between 5 of my daughters Nancy C Copley, Susan Mc Duke Martha J Proctor, Lucy H Proctor Vashtie Proctor Item I give and devise to Elizabeth A. Mangum one dollar in money Item I give and devise to my son Richard M Proctor one dollar in money. And Lastly I do hereby Constitute and appoint my trusty friend M A Angier my Lawful Execu- tor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof - hereby revoking and declaring utterly void all other wills and testaments by me [heretofore] made. In witness whereof I the said Joseph Proctor do hereunto set my hand and seal this 19th day of July A D 1860 Signed sealed published and } declared by the said Joseph Proctor } Joseph Proctor (seal) 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. Test Sterling Proctor John Proctor [Will Book Volume G, page 250] The Execution of the foregoing last Will and Testament of Joseph Proctor deceased is duly proved by the oath of Sterling Proctor one of the subscribing witnesses thereto and ordered to be recorded whereupon M. A. Angier the Executor therein named come into to[sic] open Court and renounced his right to Qualify Whereupon Administration with the Will annexed was granted to Major Green See Minutes Additional Comments: Will Book Volume G, pages 243-244 (22 Jun 1860) Uncle Recorded Aug 1860 Will Book Volume G, pages 248-250 (19 Jul 1860) Nephew Recorded Nov 1860 There are two wills in the folder of loose wills, same testator's name, written about a month apart, and with the same executor. They are uncle and nephew. Will Written: 19 Jul 1860 Testator (b. 1806, d. 1860) s. of Richard Anthony Proctor III and Nancy Dollar, nephew of the other testator. Major Green, Admr Wife: Susan (Roberts) Proctor Daughter: Nancy Caroline Proctor (married Allen Copley) Daughter: Susan Mangum Proctor (married James McCadden Duke) Daughter: Martha J Proctor Daughter: Lucy H Proctor (married William A. Stagg) Daughter: Vashti Proctor Daughter: Elizabeth A Proctor (married William J. Mangum) Son: Richard M. Proctor Will Written: 22 Jun 1860 Testator (b. 1784, d. 1860) s. of Richard Anthony Proctor, Jr and Lucretia Mabry, uncle of the other testator. M. A. Angier, Exr wife: none listed. Assume died prior to 1860. Named Betsey. Son: Joseph (youngest son) Daughter: Sally Daughter: Nancy Proctor (married Thomas J Whitaker) Son: William Proctor Daughter: Patsey Proctor died before 1860 (married Edmond Browning) Son: Anderson Proctor died before 1860 Daughter: Sally Proctor (married Jesse Cole) Son: Joseph Proctor Estate Papers comprise 29 pages and are found in a folder labeled "Proctor, Joseph (1860)". M. A. Angier renounced executorship for one or both. Major Green was appointed Administrator. page 3 - Administrator Bond Major Green (nephew) page 4-5 - Allotment of dower to Susan Proctor (nephew) page 6-8 - Inventory 20 Dec 1860 (Major Green Admr, nephew) page 9-12 - Inventory 20 Aug 1860 (M A Angier Exr, uncle) page 13-14 - Petition for Dower by Susan Proctor Nov 1860 (nephew) page 15-16 - Petition to Sell Real Estate Feb 1861 (Major Green Admr, nephew) page 17-18 - Report of Sale of Real Estate May 1861 (Major Green Admr, nephew) page 19-22 - Petition to Sell Real Estate Feb 1861 (Major Green Admr, nephew) page 23-25 - Final Return Nov 1863 (M A Angier Exr, uncle) page 26-29 - Account Current Feb 1863 (Major Green Admr, nephew) No family history found in these estate papers for either estate.