Orange County NcArchives Wills.....Rainey, Benjamin April 17, 1811 ************************************************ 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: Will Book Volume D, pages 286-289 Written: April 17, 1811 Recorded: May 1811 Testator: Benjamin Rainey [First Will Book Copy] [Will Book Volume D, page 286] In the name of God Amen I Benjamin Rainey do make this my last Will & Testament. First I commit my Soul into the hands of God who gave it & my body to be decently Buried at the discretion of my executors hereafter named & for what worldly goods it hath pleased God to bestow on me, I give dispose & bequeath in the following manner & form ---- First I give & bequeath unto my loving Wife Nancy two Horse creatures choice of my Stock, also two cows, all my house hold & Kitchen furniture, I further lend the use unto my loving Wife during her natural life or widowhood one negroe boy known & Cal[l]ed by the name of Ben one negroe girl named Jinnie, two old women Rose & Tenor & one negroe Man Moody them & their increase, And after her death or Widowhood the whole of the above property to be equally divided amongst all my Children them & their Heirs forever. Item. I charge Michael Holt three hundred ["dollars" x-out] & Seventy five Dollars for a tract of land heretofore deeded to him lying on Haw river, which it is my Will for to be accounted for that Sum in the set tlement of the balance of my estate with the rest of my heirs ---- Item I charge Neil B Rose with the sum of three hundred Dollars for a tract of Land heretofore Deeded to him lying on Haw river which it is my will to be accounted for that Sum in the settlement of the balance of my estate with the rest of my heirs Item. I give and bequeath unto my Daughters Nancy Sally & Milly & also unto my son John all that tract of land in the State of Ten[n]essee on the [Will Book Volume D, page 287] Waters [of] Turnbull creek containing about four hundred acres at the rate of two Dollars per acre, to be equally Divided between my four children Nancy John Sally & Milly according to quantity & quality & each of sd. children I charge with two hundred Dollars @ that is Nancy two hundred John two hun dred Sally two hundred & Milly two hundred Dollars to be accounted for on a settlement with the rest of my heirs the said land above mentioned to them & their heirs forever (#) Item- I give & bequeath unto my sons & sons in law (to wit) John King Isaac Rainey, Benjamin Abel Rainey & William Holt all that tract or parcel of land in Orange County adjoining the Guilford County line Anthony Cable & others containing three hundred Acres at the price of three hundred Dollars to be accounted for and Settled at that price With the rest of my heirs John King Seventy five Dollars Isaac Rainey seventy five Dollars Benjamin Abel Rainey Seventy five Dollars & William Holt Seventy five Dollars to be accounted for and settled at that price with the rest of the heirs, the above tract of three hundred acres with all the appurtenan cies[sic] unto the said John King Isaac Rainey Benj amin Abel Rainey & William Holt to them and their heirs forever ---- I further give all my Interest & right in a tract of Land or the part unsold held by an entry in company with Gibson and Ray unto John King Isaac Rainey Benj- =amin Abel Rainey & William Holt to them and their Heirs forever ---- The quantity shall Hereafter be made out by an accurate [Will Book Volume D, page 288] Survey and they shall be charged with the sum of one Dollar per Acre to be settled and accounted for with the rest of the Heirs as above Item) I give & bequeath unto my Grandson Austin 100 Hundred[sic] Acres of Land in Orange County adjoining the Widow Ryke & others to him & his heirs forever ---- Item I charge my son William Rainey with [the] Sum of 232 Dollars which I have paid and advanced for him heretofore and he shall be charged with that Sum out of any Shear or part which he may claim of my estate Item It is my will and desire for my Exrs. to cause to be brought from the State of Ten[n]essee all my Negroes that remain there To wit Dinah & Bob & Their increase to be removed from Ten[n]essee to this County of Orange them with the remainder of my negroes not Herein lent to my wife to be sold and after discharging all my debts equally divided amongst all my children Share and Share alike ---- Item) It is my will and desire that those of my children that have not received a Horse in my life time or something else in the place of a Horse shall have [a horse] Bridle and Saddle to the value of sixty Dollars further it is my will for my loving wife, Nancy to give to each child out of her own industry 1 Bed and furniture that did not receive the same in my life time it shall be her choice to do so or not and if done it may be done under her direction ---- I further authorize my executors as soon as it may be convenient to execute Deeds [Will Book Volume D, page 289] for land that I have heretofore sold and have given title bonds for the same and also to have deeded all the vacant land that I have entrys for out of the first Money that comes to hand ---- Item I give & bequeath unto my Son Isaac My Surveying instruments at the rate of ten dollars ~ And also unto my son Benjamin Abel my Silver Watch at the rate of eight dollars to be settled & accounted for as above ---- I further lend unto my loving wife Nancy her life &c as [See Note 1] above --- I Nominate and appoint My son Benjamin Abel Rainey and my son in law William Holt my executors of this my last will and Testament hereby disan nulling all other Wills by me heretofore made and do declare this to be my last Will In Witness Whereof I have hereunto set my hand and seal this 17 of April 1811 Signed and ackd. in the presence of us Benj. Rainey (seal) John Gant Mason Tapley Jurat Orange County May 1811 The Execution of the foregoing ["inventory" x-out] last will and Testament of Benjamin Rainey Decd was duly proved in open Court by the Oath of Mason Tapley Decd. subscribing [See Note 2] Witness thereto and ordered to be recorded at the Same time the Executors therein named qualified accordingly [Second Will Book Copy] [Will Book Volume D, page 295] In the name of God Amen I Benjamin Rainey do make this my last Will & Testament first I commit my Soul into the hands of God Who gave it & my body to be decently buried at [the] discretion of my Executors Hereafter named & for what worldly Estate[goods] it hath pleased God to bestow on me I give dispose & bequeath in the following manner and form. First I give and bequeath unto my loving Wife Nancy two Horse Creatures choice of my Stock, also two Cows, all my Household & Kitchen furniture I further lend the use unto my loving Wife during her natural life or widowhood one negroe boy known and Cal[l]ed by the name of Ben. one negroe Girl [named] Jinnie two old women Rose and Tenor and one negroe Man Moody them and their increase and after her death or widowhood the whole of the above property to be equally divided amongst all my [Children] them and their Heirs forever. -------- Item I charge Michael Holt 375 dollars [Will Book Volume D, page 296] for a tract of Land heretofore Deeded to him lying on Haw river which it is my Will for to be accounted for that Sum in the Set =tlement of the balance of my estate with the rest of my Heirs ---- Item I charge Neil B Rose with the sum of 300 dollars for a tract of Land Heretofore deeded to him lying on Haw River which it is my will to be accounted for that Sum in the settlement of the balance of my EWstate with the rest of my Heirs --- Item I give and bequeath unto my daughters Nancy Sally and Milly and also unto my son Joh[n] all that tract of Land in the State of Ten[n]essee on the Waters of Turnbull Creek containing about four Hundred Acres at the rate of two dollars per acre, to be equally Divided between my four Children Nancy John Sally and Milly accord ing to quantity & quality and each of said Children I charge with 200 dollars that is Nancy $200 John $200 Sally $200d & Milly $200 dollars to be accounted for on a settlement with the rest of my Heirs the said land [above mentioned] to them & their Heirs forever ---- Item I give and bequeath unto my sons & sons in Law (To Wit) John King ["&" erased] Isaac Rainey Benjamin Abel Rainey & William Holt all that tract [or parcel] of Land in Orange County adjoining the Guilford County line Anthony Cable & others containing 300 acres at the price of $300 dollars to be accoun =ted for and Settled at that price With the rest of my Heirs John King $75 Isaac Rainey $75 Benjamin Abel Rainey $75 and [Will Book Volume D, page 297] William ["Rainey" x-out] Holt [this section, from the first copy of the will (above), skipped in this version] Seventy five Dollars to be accounted for and settled at that price with the rest of the heirs, the above tract of three hundred acres with all the appurtenances unto the said John King Isaac Rainey Benjamin Abel Rainey & William Holt [end of skipped section] to them & their Heirs forever ---- I further give all my interest and right in a tract of Land or the part unsold held by an entry in company with Gibson & Ray unto John King Isaac Rainey Benj amin Abel Rainey and William Holt to them and their Heirs forever the quantity shall be made out hereafter by an accurate Survey and they shall be charged with the Sum of one Dollar pr. Acre to be settled and accounted for with the rest of the heirs as above ---- Item I give and bequeath un =to my Grandson Austin one Hundred Acres of Land in Orange County adjoining the Widow Wrike[Ryke] and others to him and his heirs forever ~~~ Item I charge my son William Rainey with the Sum of two Hundred and thirty two dollars which I have paid and advanced for him heretofore and he shall be charged with that Sum out of any Shear or part which he may claim of my estate ---- Item it is my will & desire for my Executors to cause to be ["made" x-out] brought from the State of Ten[n]essee all my Negroes that remain then (To wit) Dinah & Bob and their increase to be removed from Ten[n]essee to this county of Orange them with the remainder of my Negroes not herein lent to my [this section, from the first copy of the will (above), skipped in this version] wife to be sold and after discharging all my [end of skipped section] debts to be equally divided amongst all my children Shear and Share alike ---- Item it is my Will and desire that those of my children that have [Will Book Volume D, page 298] not received a Horse in my life time or something else ["that have not received a" x-out] in the place of a Horse shall have a horse Bridle and Saddle to the value of sixty dol lars further it is my Will for my loving Wife Nancy to give to each Child out of her own industry one bed and furniture that did not receive the same in my life time it shall be Her Choice to do so or not and if done it may be done under her direction ---- I further author ise my Executors as soon as it may be convenient to execute Deeds for Land that I have here tofore Sold and have given title Bonds for the Same and also to have deeded all the vacant land that I have entrys for out of the first Money that comes to hand ---- Item I give and bequeath unto my son Isaac My Surveying instruments at the rate of Ten dollars and also unto my son Benjamin Abel Abel[sic] my Silver Watch at the rate of eight dollars to be settled and ac counted for as above ---- I further lend unto my loving wife Nancy My Waggon during Her life &c as above --- I Nominate and appoint My son ["John" x-out] Benjamin Abel Rainey and my son in Law William Holt my Executors of this my last Will & and[sic] Testament hereby disannulling all other Wills [by me] heretofore made and do declare this to be my last Will In Witness Whereof I have Hereunto Set my hand and Seal this 17th of April 1811 ---- Signed and acknowledge in the presence of [us] [Will Book Volume D, page 299] John Gant } Benjamin Rainey (seal) Mason Tapley } Jurat Orange County May 1811 The Execution of the foregoing last Will & Testament of Benjamin Rainey Decd was duly proved in open court by the oath of Mason Tapley Subscribing witness thereto and ordered to be recorded Test Jno Taylor CC By Theo Ferguson Additional Comments: Will Book Volume D, pages 286-289 Recorded May 1811 This will is also recorded on pages 295-299 in the same will book. There is no corresponding loose will in the NC State Archives. Note 1: This phrase appears to be missing something in the first copy. 1) "I further lend unto my loving wife Nancy her life &c as above" 2) "I further lend unto my loving wife Nancy My Waggon during her life &c as above" Note 2: Mason Tapley AKA Mason Tarpley was not dead at this time. He died 6 Aug 1826. The clerk made a mistake. Dead people don't give oaths in open court. He was not listed as deceased in the second copy of the will. Estate Papers comprise 40 pages and are found in the folder labeled "Rainey, Benjamin (1812)". Part of an 28 May 1816 "Settlement" reads "Sales of Negro woamn Dinah & Child Bob to N. Row $600:00 [Estate Papers - Inventory 20 Aug 1811] An Inventory of the estate of Benjamin Rainey decd. Taken August 20th 1811 To 1 Negro Man Moody 1 Do woman Tenor 1 Do Do Rose 1 Do Do Jinney 1 Do Man Ben 1 Do boy Stephen 1 Do Girl Amey [sundry items omitted] A list of Article contain in the Inventory which was bequeath to the widow To 1 Negro Man called Moody 1 Do boy Ben 1 Do Woman Rose 1 Do Do Tenor 1 Do Do Jinney [Estate Papers - Inventory 27 Feb 1812] An Inventory of Benjamin Rainey Decd. Property In the State of Tennessee when he Died Viz. 1 Negro woman Dinah and child £300 February 27th 1812 B. A. Rainey { Exr and on Oath { [Estate Papers - Estate Sale 23 Aug 1811] An account of sails of the property of Bejamin Rainey Ded. sold at Nine months Credit Augt the 23 1811 [sundry items omitted] [purchaser article amount(LSD)] Isaac Rainey 1 Negro Boy Oliver £116:0:0 William Holt Jur 1 Negroe garl Amey £ 80:0:0