Orange County NcArchives Wills.....Rhodes, John July 28, 1824 ************************************************ 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 E, pages 68-70 Written: July 28, 1824 Recorded: Nov 1824 Testator: John Rhodes In the name of God Amen I John Rhodes Ser of Orange County being of Sound miend and perfect memorey (blesed be God) do this Twenty Eight[h] day of July in the year of Our Lord one Thousand Eight hundred and Twenty four make and publish this my last will and testament in man[n]er Following Towit, Item I lend unto my beloved wife Pattsey Rhodes the following property during hir natural life or widow hood my plantation whare on I now live with the prival lege of aney Timber she may want also to clear any wood land belonging to this Tract whare on I now live also Tow[sic] negro Girls by the names of Biddie and Lively[?] the Ballance of my negroes I wish my Executors to hire out from year to year and the money arising from the hires I wish my Executors to apply as much of it as they may think is necessary to the Support of my wife the Ballance if aney to be put out at interest for the benefit of my Children I lone my wife my house hould And Kitchen Furniture all my Stock of hogs 3 Cowes and Calves Such as She may chouse and a bul for beef and in the year in which I die I wish my wife to have as much of my Crop as will support her and Fame ley for one year also one Barrel of Brandy also I lone her my Still and all my Stands and cider casks of all discriptions -- also one Horse Item I ["have" x-out] give["n" x-out] my Son Plesant Rhodes The Tract of Land whare on he now lives containing about 247 acres one Feather bead and Furniture Item I give unto my Son John Rhodes after his paying a dept[sic] of one Hundred and Ten Dollars which I Borrowed of James Webb Agent of the Capefear Bank at Hillsborough to pay depts which I was bound for as his Security also he must pay all depts which I am Bound for as his Security and If he the Said John Rhodes Should fail to pay the Said depts before mentioned which I am bound for In that case my will is that my Executors Shal[l] [page 2] Advertise and sell as much of the Tract of Land whare on my Son John now lives as will be Sufficient to pay Said depts and the ballance of the Said Tract of Land if aney I give and beque[a]th unto my Said Son John Rhodes I give unto my Said Son John one bed Item at the death or mar[ri]age of my wife I give unto my Son Benjamin Rhodes The Tract of Land whare on I now live with the prevalige of Selling it at aney Time he may Chose Item I lone unto my 4 Daughters Polley Sally Betsey and Patsey the 4 Choise negroes at my wifes death or mar[ri]age to be devided by lott and if the before mention[ed] daug[h]ters Should have Children in that case the negroes Each draws I give unto thair Children but If it should so happen that Either of the above named daugh ters Polley Salley Betsey and Patsey Should die and leave no hair loffully begotten of her bodey in that Case my will is that the negro and Increase is to be Equal- ly devided betwe[e]n all of thair Brothers and Sisters the Ballance of my negroes I have loned my wife at her death or marriage my will is that they be Equal[l]y divided Among all my Children but Should it so happen that Either of my Children die without heirs loffully begot ten of thair bodey in that case at the death of said child the negroes such child has drawn is to Return and be Equally divided Betwe[e]n all their Brothers and Sisters -- Item all my casks and Still I give unto my son Benjamin at my wifes death or marr[i]age -- Item at my wifes death or mar[ri]age my will is that all the property that I have loned her not devised be Sold and the money be Equal[l]y Divided betwe[e]n all my Children -- Item the Ballance of property not mentioned in this will I direct my Execu- tors to Sell and the money arising to apply to paying my depts Las[t]ly I appoint my friend Cristopher Barbee Jur Plesant Rhodes and Benjamin Rhodes Executors to this my last will and Testament disanulling all former will[s] in Witness whare of I have her[e]unto Set my hand and Seal the day and Year firs[t] [above] written Signed in presence of us Test Sampson Moore Jurat John Rhodes (seal) J. H. Taylor Exrs except Christ. Barbee qualifd Recorded [Will Book Volume E, page 68] In the name of God Amen I John Rhodes [Ser] of Orange County being of Sound mind & perfect memory (blesed be God) do this twenty Eighth day of July in the Year of our Lord one thousand Eight hundred & twenty four make & publish this my last Will & testament in manner following, to wit, I lend unto my beloved wife Patsey Rhodes the following property during her natural life or widowhood my plantation whereon I now live with the privilege of any timber she may want also to clear any wood-land belonging to this tract whereon I now live also two negro girls by the names of Biddie & Lucy[Lively] the balance of my negroes I wish my Executors to hire out from year to year & the money arising from the hires I wish my Executors to apply as much of it as they may think is necessary to the support of my wife, the balance if any to be put out at Interest for the benefit of my children - I loan my wife my house hold & kitchen furniture all my stock of hogs 3 Cowes and Calves such as she may choose & a bull for beef & in the year in which I die I wish my wife to have as much of my Crop as will support her & family [for] one year, also one barrel of brandy also I loan her my still & all my stands & cider casks of all description -- also one horse Item I give my son Pleasant Rhodes the Tract of Land whereon he now lives containing about 247 acres one feather bed & furniture Item I give unto my Son John Rhodes [Will Book Volume E, page 69] after his paying a debt of one hundred & ten dollars, which I borrowed of James Webb agent of the Cape Fear Bank at Hillsborough to pay debts which I was bound for as his security also he must pay all debts which I am bound for as his security & if he the said John Rhodes should fail to pay the said debts before mentioned which I am bound for; in that case my will is that my Executors shall advertise & sell as much of the Tract of Land whereon my son John now lives as will be sufficient to pay said debts & the balance of the Tract of land if any I give & bequeath unto my said son John Rhodes I give unto my said son John one bed -- Item at the death or marriage of my wife I give unto my son Benjamin Rhodes The Tract of Land whereon I now live with the privilidge[sic] of selling it [at] any time he may choose Item I loan unto my four daughters Polly, Sally, Betsey, & Patsey the 4 choice negroes at my wife's death or marriage to be divided by Lot & if the before mentioned daughters should have children in that case the negroes each draws I give unto their chil- =dren but if it should so happen that either of the above named chil- =d[daughters] Polly, Sally, Betsey & Patsey should die & leave no heir lawfully begotten of her body in that case my will is that the negroe & increase is to be equally divided between all of their brothers & sisters, the balance of my negroes I have loaned my wife at her death or marriage my will is that they be equally divided among all my children, but should it so happen that either of my children die without heirs lawfully begotten of their body, in that case at the death of said child the negroes such child has drawn is to return & be equally divided between all their brothers & sisters -- Item all my casks & still I give unto my son Ben= =jamin at my wife's death or marriage, my will is that all the property, that I have loaned her not devised be sold & the money [be] equally divided between all my children -- Item the balance of property not mentioned in this will, I direct my Executors to sell & the money arising to apply to paying my debts -- Lastly I appoint my friend Christopher Barbee Junr., Pleasant Rhodes & Benjamin Rhodes Executors of this my last Will & Testament annulling all former will[s] -- In Witness whereof I have hereunto set my hand & seal the day & year first above written Signed in presence of us Test Sampson Moore (Jurat) John Rhodes (seal) J. H. Taylor Orange County November Term 1824 The Execution of the foregoing last Will & testament of /John/ [Will Book Volume E, page 70] John Rhodes was duly proved in open Court by the oath of Sampson Moore a subscribing Witness thereto & ordered to be recorded -- At the same time Pleasant Rhodes & Benj. Rhodes two of the Executors named in the said Will qualified accordingly Test Additional Comments: Will Book Volume E, pages 68-70 Recorded Nov 1824 Estate Papers comprise 18 pages and are found in the folder labeled "Rhodes, John (1824)". [Estate Papers - Inventory Feb 1825] An Inventory of the personal Estate of John Rhodes Decd. which has come to the hand of Benjamin & Pleasant Rhodes his Executors - Viz. 13 Negroe Slaves all of whom were Willed to the Widdow During Life [sundry articles omitted] [Estate Papers - Writ 21 Jan 1828] State of North-Carolina To the Sheriff of Chatham County, Greeting: YOU are hereby commanded to take the body of Mark Patterson if to be found in your county, and him safely keep, so that you have him before the Judge of our next Superior Court of Law, to be held for Orange county, at the Court-House in Hillsborough on the Second Monday in March next, then and there to answer Benjamin Rhodes and Pleasant Rhodes Executors of John Rhodes Deceased of a plea that he render to them one Negro girl Slave by the name of Lively of the value of five hundred Dollars which he detains to their damage Two hundred Dollars Herein fail not and have you then and there this Writ. Witness Abner B Bruce Clerk or our said Court, at office the 2nd Monday of September A.D. 1827 Issued the 21 day of January 1829 A. B. Bruce C.S.C.