Orange County NcArchives Wills.....Proctor, Richard April 12, 1860
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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 462-463
Written: April 12, 1860
Recorded: Nov 1864
Testator: Richard Proctor

I Richard 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 from[sic] following that
is to say.  First that my executors herein after named
shall provid[e] for my body a decent buriel Suitable to
the wishes of my Relations and fiends and pay all
funeral expences together with my just debts howsoever
and to Whomsoever oweing out of the moneys that
may first come into their hands as a part or parcel of
my estate.

Item I give and bequeath to my beloved wife Nancey
all my tract of of[sic] Land containing 362 Acres whereon
I now Live and all my household and kitchen
furniture all my horses, hogs and cows, all the money
Notes and accounts that I have oweing to me I give
the above named to my wife during her life time

Item after the death of my wife Nancey my will is
that my Land shall be Equally divided between my
Sons viz Sterling, Joseph, Thomas, John, William
Kenyan and Francis.

Item my will is after the death of my wife Nancey
to give my three daughters Polly Brown, Nancy
Chisenhall and Sarah Lynn one hundred & fifty
Dollars Each in Money, and also my grand daughter
Emaranda Markham one hundred Dollars in Money.
My will is after giving my three daughters and grand
daughter the $550.00 as above named then all the
Remainder of my estate not other wise disposed of to be
Equally divided between my sons and daughters.
My grand daughter not to have any more than the
one hundred Dollars as above named.

[page 2]
My desire is for my Executors to keep Nancey
Chisenhall's Money in their hands and pay it to her
yearly as she needs it.

I do hereby constitute and appoint my trusty friends
Sterling Proctor and Frances M Proctor my Lawful
Executors 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 herein Revoking and declaring
ut[t]erly void all other wills and testaments by me
heretofore made.

In witness whereof I the said Richard Proctor
do hereunto set my hand and seal this the 12th
day of April AD 1860 Signed sealed published
and declared by the said Richard Proctor
to be his Last will and testament in the presence
of us who at this Request and his presence do
subscribe our names as witnesses thereto

Jonathan Dollar        Richard Proctor (seal)
M. A. Angier   jurat

[Will Book Volume G, page 462]
I Richard 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 executors herein after named shall provide
for my body a decent burial suitable to the wishes
of my relations and fiends and pay all funeral
expences together with my Just debts howsoever
and to whom soever oweing out of the first[sic] moneys
that may first Come into their hands as a part
or parcel of my estate

Item I Give and bequeath to my beloved wife Nancy
all my Tract of Land Containing 362 acres
whereon I now live and all my household
and kitchen furniture all my horses
hogs and cows all the money notes and
accounts that I have oweing to me I give
the above named to my wife during her life
time

Item After the death of my wife Nancy my will
is that my land shall be Equally divided between
my Sons (viz) Sterling Joseph Thomas John
William Kenyan and Francis

Item my will is after the death of my wife Nancy
to give my three daughters Polly Brown

[Will Book Volume G, page 463]
Nancy Chisenhall and Sarah Lynn one
Hundred & fifty Dollars Each in money and also
my Grand daughter Imanda Marcom
one Hundred Dollars in money

My will is after giving my three Daughters
and grand Daughter the $550.00 as above
named then all the remainder of my estate
not other wise disposed of to be equally divided
between my Sons and Daughters my Grand
Daughter not to have any more than the
one hundred Dollars as above named.

My desire is for my Executors to keep Nancy
Chisenhalls money in their hands and pay it
to her yearly as she needs it.

I do hereby constitute and appoint my trusty
friends Sterling Proctor and Francis Proctor
my lawful Executors 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 herein revoking and declaring utterly
void all other wills and testaments by me
heretofore made

In witness whereof I the Said Richard Proctor
do hereunto set my hand and Seal this the 12th day of
April AD 1860 Signed sealed published and declared
by the said Richard Proctor to be his Last will and
testament in the presence of us who at this request
and his presence do subscribe our names as
witnesses thereto

Jonathan Dollar                Richard Proctor (seal)
M. A. Angier

   Orange County Court November Term 1864
Execution of the foregoing last Will and testament
of Richard Proctor deceased was duly proved in
open Court according to law and
ordered to be recorded See minutes.

Additional Comments:
Will Book Volume G, pages 462-463
Recorded Nov 1864

Estate Papers comprise 70 pages and are found in a folder labeled "Proctor, Richard (1866)".  Inventory, returned May 1866 is after emancipation.

[Estate Papers - Age of James S H Proctor ]

Dr Pride Jones
        Dear Sir
     This is to certify that
Jas S H Proctor is a Son
of O K Proctor and
a Grand Son of
Richard Proctor and
that he is 21 years old
            Your &c
            John R Proctor
            F. B. Fanting

Sept 15 / 84 J A Patterson

[Estate Papers - Petition   Fall 1867]

North Carolina  }  Court of Equity
Orange County   }  Fall Term A.D. 1867

To the Honorable the Judge of said Court

    The petition of Stirling Proctor, John Proctor
William Proctor Francis Proctor, The Children
of Joseph Proctor to wit Elizabeth wife of
William Mangum, Carolina wife of Allen
Copley the children of Joseph's son Richard, to
wit: Susan wife of James M. Duke, Lucy
wife of James Hall, Martha Proctor & Vestie[?]
Watson widow of James Watson.

    The Child of Thomas Proctor to wit Mary
Proctor and his widow Nancy Proctor

    The Children of Kinion Proctor to wit Malinda
wife of James Watts, John Proctor Frances Proctor
Oswall Proctor William H Proctor & ____________
the last five of whom are minors and sue by their
uncle & next friend Francis Proctor - Respectfully
sheweth unto our Honor that Richard
Proctor late of said county died about the
year 1864, having previously made his last
will & testament dated 12th April 1860 by which
he devised to his wife Nancy for life a certain
tract of land in Orange County on the waters of
Third Fork adjoining the land of Henry Woods
Washington Vickers & others containing three
Hundred & sixty two acres and "after the death
of my wife Nancy" "My will is that my land
shall be Equally divided between my sons viz
Sterling, Joseph, Thomas , John, William, Kinion,
and Francis.  Your Petitioners further shew
that Joseph & Kinion died in the life time
of their father leaving the children & grand

[page 2]
children, above named, and that Thomas
Proctor another son died within the last
two weeks, leaving one child and widow
above named and the widow of Richard died in the Spring of 1867

    And your Petitioners further shew that they
desire to have partition of said land amongst
them, according to their respective rights and
interest therein, but that owing to the size
of the said tract of land, much of it being
charred[?] and worn out the number of the
parties interested, the nature and quality of
the soil and other causes it is impossible
that actual partition thereof can be made wittnes[?]
serious injury to the parties interested - Your
Petitioners therefor pray your Honor to order
a sale of said land on such terms as your
Honor shall seem just and reasonable, and that
the proceeds of the sale may be divided among
them according to their respective shares
and interests in the said land, and may be
paid to or secured for them, according to law
and the cause of this Honorable Court
and your Petitioners as in duty bound will every pray

                      Norwood & Webb
                         Solrs for Petrs

[Estate Papers - Distribution (undated)]

Amt recd by George Laws                            1722.18
    Deduct costs                                     93.44
                                                  _________
Amt for Distribution                             $ 1628.74

1/7 to Sterling Proctor            $232.67 5/7
1/7 to John Proctor                 232.67 5/7
1/7 to William Proctor              232.67 5/7
1/7 to Francis Proctor              232.67 5/7
1/7 to Children of Joseph Proctor  { -------------
   Elizabeth wife of Wm Mangum     { 77.55 2/3
   Caroline wife of Allen Copley   { 77.55 2/3
   Children of Richard Proctor     { -------------
      Susan wife of James M Duke   { 19.39
      Lucy wife of James Hall      { 19.39
      Martha Proctor               { 19.39
      Vestie Watson widow of James { 19.39
1/7 to Mary Proctor child of Thomas 232.67 5/7
1/7 to Children of Kinion Proctor    ------------
   Malinda wife of John Watts      { 38.77 5/6
   John Proctor                    { 38.77 5/6
   Francis Proctor                 { 38.77 5/6
   Oswall Proctor                  { 38.77 5/6
   William H. Proctor              { 38.77 5/6
   _________ Proctor               { 38.77 5/6