Orange County NcArchives Wills.....Riggs, John February 18, 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: Loose Will, NC Archives CR 073.801 Written: February 18, 1811 Testator: John Riggs In the name of God amen, the Eighteenth day of February In the Year of Our lord Eighteen hundred and Eleven I John Riggs being sick in body But of a good and perfect memory thanks be to almighty God and Calling to remembrance the uncertain estate of this transitory life, and that all Flesh must yeald unto death when it Shall please God to call, do make Constitute Ordain and declare this my last Will and testament, in manner and form Following revoking and annulling by these presents all and every testament and Testaments, will and wills heretofore by me made and declared Either by word Or writing and this only is to be taken for my last will and testament And none other, and first being penitent and sorry from the bottom of my Heart for my Sins past most humbly desiring forgiveness for the same I Give and Commit my Soul unto Almighty God my Saviour and Redeemer In whom and the merits of Jesus Christ I trust and believe assuredly to be Saved and to have full Remission and forgiveness of all my sins and that My Soul with my Body at the General day of Resurrection shall rise again With Joy, and thro the merits of Christs death and passion possess and inherit the Kingdom of heaven prepar'd for his elect and Chosen and please my Executors ["for" overwritten] Hereafter Named to appoint, and now for the setting of my temporial estate and Such Good Chattels and debts as it hath pleas'd God to bestow upon me I do Order give and dispose the same in manner and form following (that is to say) First I will that all my debts and dues which I owe Shall be well and truly paid And this house and land where I now dwell and all the Good Chattles and Tenement that Belong thereunto Shall and must be for my boys until my Younest Son Becomes of age and then to him and his heir for Ever after Attest John Riggs (seal) Robert Jameson Robert Walker John (X) Gess On the back side: Nov Term 1811 The Jury find this not to be the last Will and Testament of John Riggs decd. Additional Comments: It appears that this will was not accepted into probate and thus not entered any will book. The two "Robert" signatures are written in the same hand, which might be the issue with this will. The testator's signature is very shaky, and he also might not have been considered competent to make a will. Furthermore, the body of the will is very unusual with no mention of names of legatees. Perhaps this is why there are so many pages of estate papers for this estate. Estate Papers comprise 157 pages and are found in the folder labeled "Riggs, John (1812)". Testator died in March 1811. On 30 May 1811 Dr. Benjamin Bullock was appointed Administrator. Frances Riggs married Benjamin Cates [Estate Papers - Bill of Complaint Sep 1814] State of North Carolina } Orange County } In Equity To the Honourable the Judge of the Court of Equity in and for the County of Orange, Humbly complaining shew unto your Honour your Orators James Webb, Jonathan Teasley and Jane his Wife, Robert Hall and Mary E. his Wife, Ezekiel Laws and Peggy his Wife, that John Riggs late of Orange County departed this life intestate many years ago, leaving the following Children him surviving, to Wit, Jane intermarried with Jonathan Teasley, Mary E. intermarried with Robert Hall, Betsey intermarried with John Guess, Peggy intermarried with Ezekiel Laws, William Riggs, John Riggs, George D. Rigs, Thomas Riggs, Cyrus Riggs, Albert Riggs, Francis Riggs, and Samuel Riggs, who are his Heirs at Law and upon whom the Land & Hereditaments of which the Said John Riggs died Seized, descended, to Hold the Same as Tenants in Common. Your Orators shew that the Said John Riggs died Seized of two tracts of Land lying, situate and being in the County of Orange aforesaid, On the South Fork of Little River, adjoining the Land of Joseph Wood Robert Walker and Others, and bounds as follows, to Wit: One Tract (Beginning [page 2] "Begin[n]ing at the River, run[n]ing North to a White Oak, thence East twenty "Chains to a red Oak: thence North to a Stake, a Line agreed upon between "George Riggs & the Said John Riggs, thence West to a Stake an agreed Line "between George Riggs and James Riggs: then South to a Stake on the Bank "of the River, an Agreed Line between George Riggs and James Riggs, thence down "the River to the first Station, containing in the whole two hundred Acres, more "or less." It being a part of a Tract of Land devised to George Riggs and by him conveyed to the said John Riggs -- Your Orators shew that John Guess and Betsey his Wife and George D. Riggs aforesaid, have for a valuable Consideration to them paid, conveyed to your Orator James Webb their undivided Shares of the Said tract of Land and that Judgments having been recovered against Thomas Riggs John Riggs and Cyrus Riggs aforesaid in Orange County Court, executions were issued thereon and the undivided shares of the said Thomas, John and Cyrus in the Said tract of Land were lined[levied?] and approved[?] to Sale by Virtue of the Said executions, when your Orator James Webb became the Purchaser, and the Sheriff of Orange County aforesaid, hath duly conveyed to you Orator James Webb their Said undivided Shares. And the Said Betsey Guess hath been privily examined in Orange County Court meeting her voluntary execution of the Deed aforesaid, & the Said Deed hath been duly admitted to Probate therein and Ordered to be registered - Your Orator James Webb further shews that by virtue of the Conveyances aforesaid he hath become one of the Tenants in Common of the aforesaid Tract of Land, holding [page 3] thereof five undivided Shares-- Your Orators shew that by making Partition of the Tract of Land aforesaid among the Several Tenants in Common therein, the Value thereof would be greatly diminished, in as much as the Several Dividends would be too Small for establishment of a farm thereon: And that it is to the Advantage of the Said Tenants to have the Said Land exposed to Sale and the Proceeds of the Sale to be divided among them: And Your Orators are willing to join in Such Sale, but the aforesaid Albert Riggs, Francis Riggs and Samuel Riggs are Minors under the Age of twenty one Years and incapable of conveying their estates - Your Orators pray your Honour to appoint one or more Guardians to the Said Albert, Frances and Samuel for the Purpose of defending their Interest in this Application to Your Honour and to Order and Decree that the Said Land be exposed to public Sale and the Proceeds of said Sale be divided between Your Orators according to their respective Interest in the Said Land, & that your Orators may have Such Other and further Relief as Shall be agreeable to Equity and good Conscience; & Your Orators as in duty bound will ever pray &c A.D. Murphey Pro Complts