Orange County NcArchives Wills.....Rigsby, Elizabeth undated about 1851 ************************************************ 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 F, pages 486-487 Written: undated about 1851 Recorded: May 1851 Testator: Elizabeth Rigsby I, Elizabeth Rigsby of the County of Orange State N.Carolinia[sic] Being of sound mind and memory--- But considering the uncertainty of my --- Earthly Existance Do make and Declare This my last Will and Testament, in Manner Following == First that is to Say That my Executors Herein after named shall provide for my body A Disent burrell desirable To the wishes of my Relations and friends, and To pay all Funeral Eespences, Together with my Just Debts, however and to whomsoever owing, out of the money, that may first come Into their hands as a part of my Estate I Tem I give and bequeath unto my son Archibald Rigsbey Four Hundred Dollars besides what He has all ready Received, = Item I give and Bequath unto my son, Jesse Rigsbey, Two Dollars Besides what he has all Ready Received. also and Equal part of all my personally and parrishable property when sold after my Death, I, Tem I give and bequeath unto my son Ruffin Rigsby Ten Dollars One Good Bed and Bedstead, and A Plenty of Good Warm Bed Clothes suitable for For[sic] said Bed, Also one Good Cow and Calf Also Equal part of all my personal and parrishable property when sold after my Death [page 2] Also one Half of the Land Cawled the John More place which I purchased of said John More adjoining the Lands of John Proctor Chesley Herndon and others say Two Hundred and Fifty acres more or less I Tem I give and bequeath unto my son Mark Rigsbey the other Half of said Track of Land to be Equally Divided betwen my Two Sons Ruffin and Mark - also I Give unto my son Mark Ten Dollars and Equal part of all my personal and parrishable property when sold after my Death Also after the Death of Mark Rigsbey. I want His Heirs that he Has begotton by his present wife to be Equaly Devided Betwen them and my Grand Daughter Martha Heeling Rigsby out of the property I give unto my son Mark Rigsby Also I Give and bequeath to my Grand Daughter Martha Heeling Rigsby Fifty Dollars ---- I Tem I give and bequath unto Chesley Herndon Ten Dollars I Tem I Give and Bequath unto all my Grand Children Tempey Rigsby Heirs which married said Chesley Herndon Ten Dollars Each, of them. I Tem give and Bequath unto my Daughter Eady Anderson One Hundred Dollars, but it is my Desere for Jesse Rigsbey to Keep her money in his hands and to let her have it, whenever she stands in need of it -- [page 3] It is my Disere that all the negroes after my Death to be Advertised and sold by the Executors to the Highest bidder, and to be Equally Divided between my three sons Jesse Rigsbey Ruffin Rigsbey and Mark Rigsbey --- I appoint Jesse Rigsby and Mark Rigsby Executors to this will -- In witness whereof I have hereunto Made my mark and seal in presence of Witness hir King Barbee } Elizabeth (+) Rigsby (seal William B. Williams } Jurant mark [Will Book Volume F, page 486] I, Eliza[be]th Rigsbey of the County of Orange State N.Carolina being of sound mind and memory -- but considering the uncertainty of my earthly existence, do make and declare This my last will and testament, in manner following -- First that is to say - That my Executors hereinafter named, shall provide for my body a decent burial desirable to the wishes of my relations and friends and to pay all funeral expenses, together with my Just debts however & to whomsoever owing, out of the money, that may first come into their hands as a part of my estate ---- Item I give & bequeath unto my son Archibald Rigsbey four hundred dollars besides what he has already received --- Item I give & bequeath unto my son Jesse Rigsbey, two dollars besides what he has already received, also and equal part of all my personal and perishable property, when sold after my death, Item I give & bequeath unto my son Ruffin Rigsby Ten Dollars one good bed & bedstead, and a plenty of good warm bed clothes suitable for said bed Also one good Cow & Calf Also equal part of all my personal and perishable property when sold after my death -- Also one Half of the Land called the John Moore place which I purchased of said John Moore adjoining the lands of John Proctor Chesley Herndon & others - Say Two hundred & fifty acres more or less Item I give and bequeath unto my son Mark Rigsbey the other [Will Book Volume F, page 487] half of said tract of land to be equally divided between my two sons Ruffin & Mark - Also I give unto my son Mark Ten dollars and equal part of all my personal and perishable property when sold after my death, also after the death of Mark Rigsbey, I want his heirs that he has begotten by his present wife to be equally divided between them & my grand daughter Martha Heeling Rigsbey out of the property I give unto my son Mark Rigsbey -- Also I give and bequeath to my grand daughter Martha Heeling Rigsbey Fifty Dollars Item I give and bequeath unto Chesley Herndon Ten dollars Item I give and bequeath unto all my grand children Tempey Rigsbey heirs which married said Chesley Herndon Ten Dollars each of them. Item [I] give and bequeath unto my daughter Edy Anderson one hundred dollars, but it is my desire for Jesse Rigsbey to keep his[? orig: her] money in his hands and to let her have it, when= ever she stands in need of it It is my desire that all the negroes after my death to be advertised & sold by the Executors to the highest bidder, and to be equally divided between my three sons Jesse Rigsbey, Ruffin Rigsbey and Mark Rigsbey I appoint Jesse Rigsbey and Mark Rigsbey Executors to this will -- In witness whereof I have hereunto made my mark and seal in presence of Witness King Barbee her William B. Williams Jurat Elizabeth (+) Rigsby (seal) mark Edy Anderson & other } vs } Procedendo Jesse & Mark Rigsbee } Exrs &c } In pursuance of a writ of procedendo issued to this Court from the Superior Court of Orange County, in whic it is declared that the Paper writing put at issue in this case was at the Last March Term of the said Court by the verdict & Judgment of the said Court established as the last will & testament of Elizabeth Rigsbey decd. properly executed to pass both real & personal estate, and this court is directed in said procedendo to qualify the executors named in said will &c Therefor Jesse Rigsbey & Mark Rigsby were duly qualified as Executors aforesaid Test Additional Comments: Will Book Volume F, pages 486-487 Recorded May 1851 This will is undated. The spelling of the Rigsby surname varies throughout. The loose will is mostly "Rigsbey" and some "Rigsby". The will book version is consistently "Rigsbey" with one "Rigsbee" Estate Papers are found in two folders. The first, labeled "Rigsbee, Elizabeth (1850)" comprises three pages and contains the Administrator Bond. Jesse and Mark Rigsby were bonded for $6,000 on 28 August 1850. This is unusual when the executors are named in the will as Jesse and Mark Rigsby are. The second folder, labeled "Rigsbey, Elizabeth (1850)" comprises 51 pages. The inventory lists "Six Likely Negroes". The will was presented for probabte to the court of Pleas and Quarter Sessions on the 27th (the fourth Monday) of May 1850. There was a caveat entered by Edy Anderson, et al on the 1st of June 1850. In Superior Court, a review by jury was made and a writ of procedendo issued to the effect that it was indeed the will of Elizabeth Rigsby on 10 Apr 1851. Edy Anderson, AKA Eady AKA Edith The negroes mentioned in the will were sold on the 17th of May 1850. Unfortunately, their names were not listed. [Estate Papers - Estate Sale 17 May 1850] List of the sale of the property & rent land & hire of negroes belonging to the estate of Elizabeth Rigsbee decd. by Jessee & Mark Rigsbee Exrs 17th May 1850 Jessee Rigsbee [sundry articles omtitted] Josiah Turner 1 Boy 650.0 Ruffin Rigsbee 1 Girl 475.00 Do, 1 Boy 206.00 Do Do 243.00 ___________ 924.00 Mark Risbee 1 Boy 700.00 A,, Boyd 1 Boy 500.00 ____________ 2774.00 For the hire of the negroes 80.03 1/2