Orange County NcArchives Wills.....Roberts, Abner Sr December 18, 1840 ************************************************ 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 119-121 Written: December 18, 1840 Recorded: Feb 1842 Testator: Abner Roberts, Sr In the Name of God Amen I ABner Roberts sen of the county of Orange state of Northcarolina being in a weake & low state of health but of sound mind & memory blessed be god for the same have thought fit to make & publish this as my Last will & testament in form and manner following vs --- At.. my decease I wosh my body to be decently Beuried.. and as for such worldly good[sic] as I now posess or may be seezed & possessed with I wosh them to be disposed of in the following manner vs. It. the first..I direct all my house hould & Kitchen furniture with the Exception of two feather beads & furniture all my stock of all kinds crop of all kinds plantation tooles & four Negroes vz Patty & her three children Moriah, Creecy & boy Dave. to be sould. out such sale I direct all my Just debts to be paid & the remainder to be divided into six eaqual shears - vz - to my Daughter Eizabeth[sic] Cary one shear.. to my Daughter Sarah Roberts one shear.. to my Son Thos.. Roberts one shear.. to my Son Moses Roberts one shear.. to my Son ABner Roberts one shear.. - It. the second. I give unto my son Trey Roberts one Dollar.- It. the third. I give unto my grand Daughter Susan Rew Daughter of my son Jessee Roberts dect. five Dollars - It.. the fourth my track of Land where on I now Live of three hundred & sixteen acres I dispose of in the following manner.. vz- to be divided in to three eaqual parts, as follows To my son Thos Roberts one third Part.. to be taken adjoining his the said Thos. own Lands twenty nine acres of which Lies on the east side of said Thos.. the Remainder to make his third part to be taken off of the north side of my Land joining his Thos. Land... [page 2] and runing down as Low as the low part of his Land at the west end - one other third part I Lend unto my son ABner Roberts to in clude the dwelling house & the east part of the Land at his death the same to gow to my son Thos Roberts & my three grand Daughters vz- Elizajain Caroline & Winny Roberts Daughters of my son Moses Roberts - The remaining third part.. which is the west part. of the track & Lying on Rocky creek I give unto my three grand Daughters above mentioned vs - Elizajain Caroline & Winny Robertses... Daughters of my son Moses Roberts. It. the fifth. all the debts which is dew & owing me I wosh collected & divided into six eaqual parts according to Itom 3 to Elizabeth Cary one shear to Sarah Roberts one shear to Minny Roberts one shear to Thos. Roberts one shear to Moses Roberts one sheare to ABner Roberts one sheare. It. the sixth the two beads & furniture before Exepted[sic] I give one to my son ABner Roberts & the other to my grand Daughter Winny Daughter of my son Moses- It. the seventh. I appoint as grardeen for my son ABner my friend Elijah Hester and Lastly I appoint as Executor to this my last will & testament my frined[sic] Elijah Hester. signed sealed & acknolleged in the the[sic] presents of the subscribing witnesses here unto this 18 day of December 1840 ----- test } Mark V. Roberts } his Presley Roberts } ABner (+) Roberts (seal) } marke } } E. Hester Exr qualified [Will Book Volume F, page 119] In the Name of God Amen I ABner Roberts Sen of the county of Orange State of North Carolina being in a weak & low state of health but of sound mind & memory (blessed be God for the same) have thought fit to make & publish this as my Last Will & Testament in form & manner following Viz At my decease I want[orig: wish] my body to be decently buried & as for such worldly goods as I now possess or may be sezed & possessed with I wish them to be disposed off[sic] in the following manner Viz. It. the first I direct all my household & Kitchen furniture with the exception of two feather beads & furniture all my stock of all kinds Crop of all kinds plantation tools & four Negroes Viz Patty & her three Children Moriah, Creecy & boy Dave to be sold out such sale I direct all my Just all my Just[sic] debts to be paid & the remain- der to be divided into six equal shares Viz ---- [Will Book Volume F, page 120] To my Daughter Elizabeth Cary one share To my Daughter Sarah Roberts one share To my Son Thos. Roberts [one] share To my Son Moses Roberts one share To my Son ABner Roberts one share Item second I give unto my son Trey Roberts one Dollar Item the third I give unto my Grand Daughter Susan Rew Daughter of my son Jesse Roberts Decd. five dollars Item four my tract of land wher[e]on I now live of three hundred & ["fifte" x-out] ]sixteen acres I dispose of in the following manner Viz to be divided into three equal parts as follows To my son Thos. Roberts one third part to be taken adjoining his the said Thomase's own Lands twenty nine acres of which Lies on the east side of said Thos. the rem- ainder to make his third part to be taken off of the north side of my land joining his Thos. land and running down as low as the lowest part of his land at the west end one other third part I lend unto my son ABner Roberts to include the dwelling house & the east part of the land at his death the same to go to my son Thos. Roberts & my three grand daughters Viz Elizay Aan Caroline & Winny Roberts Daughters of my son Moses Roberts the remaining third part which is the west part of the tract & Lying on Rocky creek I give unto my three Grand daughters above mentioned Elizayain Caroline & Winny Roberts Daughters of my son Moses Roberts Item the fifth all the debts which is due & owing me I wish collected & divided in to six equal parts according to Item [3] to Elizabeth Cary one share to Sarah Roberts one share to Winney [orig: Minny] Roberts one share to Thos. Roberts one share to Moses Roberts one share to ABner Roberst[sic] one share Item sixth the [two] beds & furniture before excepted I give one to my son ABner Roberts & the other to my grand Daughter Winney Daugh[t]er of my son Moses Item seventh [These lines found in loose will, skipped in will book] I appoint as guardian for my son ABner my friend Elijah Hester and Lastly I appoint as executor to this my last [Will Book Volume F, page 121] Will & Testament my friend Elijah Hester Signed sealed & acknowledged in the presents of the subscribing witnesses hereunto this 18 day of Decem 1840 ----- Mark V. Roberts Presley Roberts his ABner (X) Roberts (seal) mark Orange County Feb Term 1842 The execution of the foregoing last Will and Testament of Abner Roberts decd. was duly proved in open Court by the oaths of Mark Roberts & Presley Roberts the subscribing witnesses hereunto & ordered to be recorded At the same time Elijah Hester the Executor here in named appear in open Court & qualified accordingly Test Additional Comments: Will Book Volume F, pages 119-121 Recorded Feb 1842 Note: Usage and spelling are unusual compared to other wills of the era. Handwriting uses letters that are indistinguishable from one another. Uses a strange "r" when the word ends in "r" that does not return to the baseline and resembles a superscript "e". In most words the "b" is as expected, but always spells Abner as "ABner". Upper case "D" also unusual and could be confused with L, S, or f. Estate Papers comprise 321 pages and are found in a folder labeled "Roberts, Abner (1847)". Testator died in May 1841. Legatee Mary Roberts died intestate before her father's estate was settled, per a petition dated Aug 1847. Per a petition dated Nov 1847, Moses Roberts had died intestate. Sale of negroes, directed by the will was held 22 Mar 1842 and brought $1724.00, Abner Roberts Jun was non compos mentis and had died in Jul 1851 Elizabeth Roberts married Thomas Cary Mark Roberts married Sarah and he died in 1848. Mark was a son of the testator Son-in-law of Mark Roberts was John H. Harris. John S. Roberts appears to be a son of the testator Moses Roberts married the sister of Sarah Parrish