Orange County NcArchives Wills.....Rhodes, Thomas September 21, 1834 ************************************************ 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 351-353 Written: September 21, 1834 Recorded: May 1835 Testator: Thomas Rhodes In the name of God Amen I Thomas Rhodes Senr. of the County of Orange and State of North Carolina being Weak in body but of Sound and perfect mind and memory and Knowing that it is Appointed unto all men Once to die, do this twenty first day of September in the Year of Our Lord One thousand Eight and thirty four, make, Ordain, publish, and declare this Instru= ment to be my last Will and testament, First to my son Noah Rhodes, I Give the sum of Five Dollars, To my Grand Children Jane Medley, Westley Rhodes, Wiley Rhodes and Artemisia Rhodes. Children of my son Noah Rhodes, I give the tract of Land On Crooked run Whereon, my Son Noah Rhodes now lives, 2ndly To my Son Thomas Rhodes, I give the tract of Land Whereon he now lives, being the Same that I purchased from William Riley, 3rdly To my Son James Rhodes I give the tract of Land Whereon he now lives, and also one sixth part of the proceeds of the sales of my Stock of all Kinds, the said James Rhodes not to have any further legacy. 4thly To my daughter Hannah Rhodes. I give the tract of Land Whereon I now live, with the exception of the part of the said tract hereinafter expressed which I have Given to my daughter Belinda Cain 5thly To my daughter Elizabeth Guess wife of Thomas Guess Now of the State of Kentucky I give the negro Girl Celia, which I heretofore put into their possession previous to their removal to that State, the said Thomas, & Elizabeth Guess his Wife not to have any further portion of my property either real or personal [page 2] To my daughter Belinda Cain wife of Abel Cain I give the tract of Land, that I purchased from Henry Bunch Whereon my son Noah Rhodes formerly lived, together with a small tract Which I have since purchased of said Bunch and also Fifty acres of the tract whereon I now live, the balance of which I have given to my daughter Hannah Rhodes, the said part which I give to my daughter Belinda to be laid off to her All the West Side of my Said home tract I Further will and direct that all my negroes stock, Crop, farming tools House hold & Kitchen Furniture with all other property of a personal Nature Not heretofore particularly & Specifically bequeathed whereof I am possessed be sold after payment of all debts, costs, & charges, arising from carrying my will into effect and the proceeds thereof to be divided in the following manner. Viz. One Fifth part of the same I give to, Jane Medley Wesley Rhodes, Wiley Rhodes and Artemisia Rhodes to be equally divided among them, One Fifth part of the same I give, to the children of my son Thomas Rhodes, to be equally divided among them and in the Event that my said Son Thomas Rhodes shall hereaf= =ter have any other children born to him by his present wife Sally I Will and direct that they shall be inlled[entitled?] to share in the aforesaid Fifth part equally with those now born To the Children of David Warrin which he had by my daugh ter Polley Rhodes I give one Fifth part of the proceeds of the aforesaid property to be divided among them, the Survivor or Survivors of them To my daughter Hannah Rhodes, I give one fifth part of the aforesaid proceeds of sales &c. of my negroes & other property as aforesaid and to my daughter Belinda Cain I give the remaining Fifth, part of the proceeds of the above mentioned property; and to the intent that this my said Last will and testament shall be carried into Effect I do hereby Constitute and Appoint Silas M Link sole Executor of this My last will and Testament In Witness whereof I the said Thomas Rhodes hereby revoking all other former wills [page 3] by me at any time heretofore made have to this my last Will and testament set my hand and affixed my seal the day and date above written Tms Rodes Road[?] (seal) Signed sealed published and declared by the said Thomas Rhodes Ser. to be his last will and Testament in presence of us whom attested the same by his request in his presence & in the presence of Each other Archibald Cain W.m.son Burton [Will Book Volume E, page 351] In the name of God Amen I Thomas Rhodes Senr. of the County of Orange and State of North Carolina being weake in body but of sound and perfect mind and memory and Knowing that it is Appointed unto all men Once to die, do this twenty first day of September in the Year of Our Lord One thousand Eight and thirty four, make ordain publish, and declare this Instrument to be my last Will and Testa= =ment First to my son Noah Rhodes I give the sum of Five dollars To my Grand Children Jane Medley Westley Rhodes, Wiley Rhodes and Artemisia Rhodes Children of my son Noah Rhodes I give the part[tract] of Land [on] Crooked run Whereon my Son Noah Rhodes now lives ---- 2ndly To my Son Thomas Rhodes, I give the tract of land whereon he now lives being the Same that I purchased from William Riley 3rdly To my Son James Rhodes I give the tract of Land Whereon he now lives and also One Sixth part of the proceeds of the sales of my Stock of [Will Book Volume E, page 352] all Kinds, the said James Rhodes not to have any further Legacy 4ndly To my daughter Hannah Rhodes. I gave[sic] the tract of land Whereon I now live, with the exception of the part of the said tract hereinafter expressed which I have Given my daughter Belinda Cain 5ndly To my daughter Elizabeth Guess wife of Thomas Guess now of the State of Kentucky I give the negro Girl Celia Which I heretofore put into their possession previous to their removal to that State the said Thomas, & Elizabeth Guess his Wife not to have any further portion of my property either real or personal -- To my daughter Belinda Cain wife of Abel Cain I give the tract of Land, that I purchased from Henry Bunch Whereon my son Noah Rhodes family[formerly] lived, together with a small tract which I have since purchased of said Bunch and also Fifty Acres of the tract Whereon I now live the ballance of which I have given to my daughter Hannah Rhodes the said part which I Give to my daughter Belinda to be laid off to her on[all] the West Side of my said home tract I Further will and direct that all my negroes Stock, Crop, farming tools House hold & Kitchen Furniture with all other property of a personal Nature Not heretofore particularly & Specifically bequeathed whereof I am possessed be sold after payment of all debts cost[s] and Charges arising from carrying my will into effect and the proceeds thereof to be divided in the following manner, Viz. One Fifth part of the Same I give to, Jane Medley Wesley Rhodes Willie Rhodes and Artemisia Rhodes to be Equally divided among them One Fifth part of the same I give to the Children of my son Thomas Rhodes to be equally divided among them and in the events[sic] that my said Son Thomas Rhodes shall hereafter have any other Children born to him by his present wife Sally I will [and] direct that they shall be entitle[d] to share in the aforesaid Fifth part Equally with those now born To the Children of David Warren which he had by my daughter Polly Rhodes I give one Fifth part of the proceeds of the aforesaid property to be divided among them the survivor or survivors of them To my daughter Hannah Rhodes I give one fifth part of the aforesaid proceeds of sales &c of my negroes and other property as aforesaid and to my daughter Belinda Cain I Give the remaining Fifth, part of the proceeds of the above Mentioned property and to the intent that this my said last Will and Testament Shall be carried into effect I do hereby Constitute and Appoint Silas M Link sole Executor of this my last Will & Testament In Witness whereof I the said Thomas Rhodes hereby revoking all other former wills by me at any time heretofore made have to this my last Will and testament set my hand and affixed my seal the day & date above written Thomas Rhodes (seal) [Will Book Volume E, page 353] Signed sealed published and declared by the said Thomas Rhodes Senr. to be his last will and Testament in presence of us whom attes[t]ed the same by his request in his presence & in the presence of Each other Archibald Cain Wm.son Burton Orange County May Term 1835 [The usual probate statement is missing.] Additional Comments: Will Book Volume E, pages 351-353 Recorded May 1835 Estate Papers comprise 64 pages and are found in the folder labeled "Rhodes, Thomas (1834)". Estate sale was held 3 and 4 Nov 1834. William W. Guess was appointed guardian of Elizabeth Rhodes, Polley Rhodes, Thomas Rhodes, William Rhodes, Gilbert Rhodes and Pleasant Rhodes. Silas M Link was appointed guardian of Artemisia Rhodes. John Leathers was appointed guardian of Willie Rhodes. Samuel Medley married Jane Rhodes? [Estate Papers - Estate Sale 3 and 3 Nov 1834] Account of Sale of the Perishable Property of Thomas Rhodes Senr. deceased sold by virtue of the Will of said Testator before the probate of the same at 12 months Credit by Silas M Link executor Sold on the 3rd & 4th days of Nov 1834 [sundry items omitted] Hire of the following Negros until 20 of March 1835 ================================================== William Piper To Hire of Negro John $10 30 Moses Scarlett " " " do Ben 9 66 Hannah Rhodes " " " do Nat 20 50 William Southerland " " " do Anderson 17 00 ditto " " " do Amy 9 78 Thomas Rhodes " " " do Violet 4 99 Hannah Rhodes " " " do Mary 2 25 James Rhodes " " " do Adam 1 00 Abel Cain " " " do John Jr 5 25 ======================================= $80 73 [Estate Papers - Sale of Negroes 22 Jun 1835] Account of Sale of the negroes belonging to the Estate of Thomas Rhodes Senr. deceased Sold on the 22nd of June 1835 at None month credit James Jackson To Boy Nat 836.00 John C Rhodes To Boy John Jr 605.00 George Laws To Negro Man Ben 720.00 John Lockhart " Boy Anderson 836.00 John C Rhodes " do Adam 606.00 Fielding Stroud " Girl Mary 401.00 Ditto " ditto Sarah 251.00 Hezekiah Terry " John Senr & wife Silvia Children Martha, William & Lewis 1370.00 Hannah Rhodes To Negro Woman Amy 600.00 Ditto To Negro Woman Violet.... 1.05 ___________ Total amount of Negroes $6226.05