Orange County NcArchives Wills.....Rhodes, William October 28, 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 329-330 Written: October 28, 1834 Recorded: Nov 1834 Testator: William Rhodes In the name of God. Amen. I William Rhodes of Orange County and State of North Carolina being of sound and perfect mind and memory (blessed be God) do, this twenty Eighth day of October in the year of our Lord one thousand Eight hundred and thirty four, Make and publish this my last Will and testament, in manner ["and" x-out] following that is to say, First my will is that all my Just debts be paid first out of the money and property That I may leave ["seized and" x-out] ["& possessed" x-out] at my Death 2nd I lend ["and bequeath" x-out] to my beloved wife all my negroes that is Neat[Nat?] Nancy Noah and Harriett and all my land dureing hur lifetime and after hur death to be eaqually divided between all my children and also all my farming tools, and all my Crop Stock of Cattle Horses and hoggs. After my debts is paid to be for hur use to raise my children on and school them -- my will is that ["when" x-out] as my children com[e]s of age or mar[r]ys that they may have one bed and furniture and such other things as my executors may think proper to let them have and them to be vallued by two men so as for all of my children to have an equal share at my wifes death and I hereby make and ordain my worthy friend Zachariah Trice executor of this my last will and Testament. in witness whereof I the said William Rhodes have to this my last Will and Testament Set my hand and seal the day and year above writ[t]en William Rhodes (seal) Signed sealed published and declared by the said William Rhodes the testator, as his last will and testament in the presence of us, who ware [page 2] present at the time of signed and sealing thereof Henrey Trice Senr Jurat Chesley P Trice Henry D Trice Exr qualified [Will Book Volume E, page 329] In the name of God Amen I William Rhodes of Orange County and State of North Carolina being of sound and perfect mind and memory blessed be God do, this twenty eighth day of October in the year of our Lord one thousand eight Hundred and ["twenty" x-out] thirty four Make and publish this my last Will and Testament in manner following that is to say First my will is that all my Just ["death" x-out] debts be paid first out of the money and property that I may leave at my Death 2nd I lend to my beloved wife all my negroes that is Neat Nancy Noah and Harriett and all my Land during her lifetime and after her death to be Equally -- divided between all my Children and also all my farming tools and all my Crop Stock of Cattle Horses and hogs after my ["death" x-out] debts is paid to be for her use to raise my Children on and School them my will is that as my children comes of age or marries that they may have one bed & furniture and such other things as my Executors may think proper to let them have and then[them] to be valued by two men so as for all of my Children to have an Equal share at my wifes death and I hereby make and ordain my worthy friend Zacha -riah Trice Executor of this my last Will and Testament in witness whereof I the said William Rhodes have to this my last Will and Testament Set my hand and seal the day and year above written William Rhodes (seal) Signed sealed published and declared by the said ------------ William Rhodes the Testator, as his last Will and Testament in the presence of us who ware[sic] present at the time of signed & sealing there of Henrey Trice Senr. Chesley P Trice Henry D Trice [Will Book Volume E, page 330] Orange County November Term 1834 The Execution of the foregoing last Will and Testament of William Rhodes decease[d] Was duly proved in open Court by the oath of Henry Trice Senr as subscribing Witness there to and order to be Record At the Same time --- Zachariah Trice the Executor therein named appeared i open Court and qualified accordingly Test Additional Comments: Will Book Volume E, pages 329-330 Recorded Nov 1834 Estate Papers comprise 14 pages and are found in the folder labeled "Rhodes, William (1843)". Note 1: The "William Rhodes jr" who died "intestate" with Zachariah Trice "appointed administrator" is 1) This William Rhodes the testator of this will, therefore not "intestate" 2) Zachariah Trice was named executor in the will, and thus not "appointed administrator" [Estate Papers - Petition August 1835] State of North Carolina } Court of Pleas & Quarter Orange County } Session - Augst. Term 1835 To the Justices of the said Court - The petition of Robert Smith and Mildred his wife, who said[?] to the use of of Zachariah Trice ["Administrator" x-out] Executor of William Rhodes deceased. Humbly shew unto your worships that William Rhodes Senr. late of the County of Orange departed this life in the year ______ intestate possessed of a large personal estate which came into the possession [of] Zachariah Herndon late of said County who was appointed admin- istrator of the said Rhodes by Orange County Court -- That at May Term 1823 of said Court a petition was filed by a part of the next of Kin of the said William Rhodes decd. against the said Zachariah Herndon his administrator to which petition your pe- titioners were made defendants - and sch pro- ceedings ["wh" x-out] were had thereon that the suit came to a final hearing at Augst. Term 1824 and it was found that the distributive share of said estate then in the hands of the admr. and payable to each distributee was the sum of $318:32 Your petitioners further shew that the said Mildred who is married to the said Robert Smith ["was" x-out] is one of the children and distributees of the said William Rhodes deceased and that their dis- tributive share aforesaid has never been paid off by the said Zachariah Herndon or his admr.- Your petitioners further shew unto your worships that the said Zachariah Herndon has since departed this life intestate and that Henderson Owen of Orange County has been appointed his admr. and has assets in his hand to a very large amount- The further shew unto your worships that ["the said" x-out] William Rhodes jr the son of the said William Rhodes senr. deceased and brother of your petitioners Mildred was appoint guardian to your petitioner [page 2] Mildred and that he the said William Rhodes jr did in his life pay off the said distribution to your petitioners Your petitioners further shew unto your worships that William Rhodes jr has also died intestate and that Zarchariah Trice the relater[?] has been duly appointed his administrator [See note 1] And in as much as the said distributive share of $318:32 has never been paid off by the said Herndon or Owen his admr. to your petitioners, they pray your worships that he may be decreed to pay the same with interest to your petitioners for the use and benefit of the said Zachariah Trice the admr of the said William Rhodes jr decd. And your petitioners as in duty &c J. W. Norwood for Petitioners [Estate Papers - Ex Parte Petition to Sell Negroes Nov 1843] State of North Carolina } In County Court Orange County } Novr. Term 1843 To the Worshipful the Justices of said Court The petition of David Vickers & Penny his wife, James Vickers & Francis his wife, James Vickers & Frances his wife, George W Vick- ers and Melinda his wife, Willie Rhodes, James Rhodes, Pleasant Rhodes, William Rhodes, Zach- ariah Rhodes, & Dennis Rhodes Ex Parte Petition to Sell Negroes Your Petitioners humbly shew unto your wor- ships that William Rhodes last of the County of Orange by his last will and testament left six negroes, one horse one cow. some furniture & house hold goods & other chattels now in the possession of your petitioner David Vickers, to his widow you petitioner Penny (who has since married the said David,) for her life and at her death equally to be divided among his eight children who are your petitioners Frances (married to James Vickers) Melinda (married to Geo: W Vickers) Willie Rhodes, James Rhodes, Pleasant Rhodes (a minor who sues by his guardian & next friend James Rhodes) [page 2] Zachariah & Dennis Rhodes (minors who sue by their guardian & next friend David Vickers) and William Rhode (a minor who sues by his guardian and next friend Willis B. Dillard): Your petitioners further shew that although the said David Vickers & wife by the will of the said William Rhodes decd: have a right to retain the sole possession of said property during the life of the said Penny, yet they have agreed to release so much of their present interest as will enable them to take only on equal share of the said property in absolute right with the children - which arrangement has been assented to by your other petitioners: And as the said negroes & other property does not admit of an equal division into nine equal parts among your petitioners; they pray your wor- ships that a commissioner may be appointed to sell the said negroes & other property, that the proceeds may be divided among them by the decree of this worshipful court. J. W. Norwood [page 3] This case coming on to be heard & the court being satisfied of the truth of the matters therein set forth it is ordered adjudged and decreed by the Court that James N. Patterson be appointed a Commissioner to sell the negroes & other proper- ty now in the petition[possession] of David Vickers at the house of the said David after 30 days adver- tisement on a credit of 12 months, taking bond & good security & that he report to next Court