Orange County NcArchives Wills.....Roberts, Shadrack July 20, 1865 ************************************************ 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 G, pages 477-479 Written: July 20, 1865 Recorded: Aug 1865 Testator: Shadrack Roberts I, Shadrack Roberts of the County of Orange and State of North Caro- lina, 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 and following, that is to say, First - That my executor, (here- inafter named) shall provide for my body a decent burial, suitable to the wishes of my relations and friends, and pay all funeral expenses, together with my just debts, howsoever and to whom- soever owing out of the moneys that may first come into his hands as a part or parcel of my estate Item - I give and devise to my beloved wife Rebecca Roberts, the Tract of land whereon I now live con- taining one hundred and six acres also one other tract Known as the Lewis Roberts tract, containing Six- ty acres, and an other tract Known as the Jane Roberts land contain- ing fifty acres all adjoining and another tract in Granville county containing sixty two acres ---- also all my entire stock of Hor- [page 2] ses, cattle, hogs, sheep domestic fowls and poultry all my beds, and every species of household and Kitchen furniture the family carriage and all my farming utensils of every Kind: all the crop of every descrip- tion that may be upon the plan- tation (above named) and all the provisions on hand at the time of my death, and I desire it to be understood, that the property above named and given to my beloved wife Rebecca Roberts is to remain unsold during her natural life, and to be used by her as her comfort and necessities may require, my executor, hereinafter named, to have no control over said property during her said Rebecca Roberts natural life or by so much thereof as may be nec- essary to raise funds sufficient to satisfy all my debts, and defray all expenses in case there should not be enough ow- ing to me at the time of my death to answer that purpose and in case there should be [page 3] a surplus left over and above the payment of debts and expens- es that such surplus shall be paid over to my said wife to be hers and at her disposal, so far as it may be necessary to render her com- fortable, and should the said Rebecca Roberts, at any time become dissatis- fied withe any of the above named property, she by my will is at lib- erty to sell such of said property as may be necessary for her com- fort & convenience, and the title conveyed by my wife Rebecca Rob- erts, shall be valid to all intents and purposes. I desire it distinctly understood, that all the above named property is to belong to my wife Rebecca Roberts, and for her use, during her natural life only Item - My will and desire is, that my executor, (hereinafter named) as soon as possible after the death of my beloved wife Rebecca Roberts, proceed to sell, (after giving due notice) at public auction, on a credit of six months, all the prop- [page 4] erty then remaining of the above named Estate both real and personal, and if there should be any surplus over and above the payment of debts and expenses It is my desire that such surplus should be divided into six equal parts and paid over to my six children or to their ["heirs" x-out] bodily heirs as follows. To my son Mark V. Roberts or his bodily heirs, the one sixth part of the surplus: to my son Lewis Roberts or his bodily heirs the one sixth part of the surplus: to my Daughter Francis C. Veazy ["the" x-out] or to her bodily heirs the one sixth part of the surplus: To the heirs of my deceased Daughter, Susan D. Brooks the one sixth part: to my Daughter Melinda or her bodily heirs, the one sixth part: And the one sixth part to be paid over to the bodily heir[s] of my deceased Daughter Mary Anne Tilly, so that each one of my six children, or their ["lawful" x-out ]bodily heirs, [page 5] share and share alike to them and each of them, absolutely forever And lastly --- I do hereby consti- tute and appoint my trusty friend Dennis Tilly my lawful executor to all intents and purposes or meaning of the same, and every part and clause thereof --- hereby revoking and de- claring utterly void all other wills and testaments by me heretofore made In witness whereof I the said Sha- drack Roberts do hereunto set my hand and seal this 20th day of July 1865. his Shadrack (X) Roberts (seal) Signed sealed publish- mark ed and declared by the Said Shadrack Roberts to be his last will and testament, in the presence of us, who at his request and in his presence do subscribe our names as witnesses thereto L. W. Umsted Gaston Roberts Jurat [Will Book Volume G, page 477] I Shadrack Roberts of the County of Orange and State of North Carolina, being of Sound mind and memory, but Considering the uncertainty of my earthly existince[sic] do make and declare this my last Will and testament in manner and following that is to Say First That my Executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts howsoever and to whomsoever owing out of the monies that may first come into his hands as a part or parcel of my estate Item I Give and devise to my beloved wife Rebecca Roberts the Tract of land whereon I now live containing one Hundred and Six acres also one other tract Known as the Lewis Roberts tract, containing Sixty acres and an other Tract Known as the Jane Roberts land Containing fifty acres all adjoining and an other tract in Granville county cont aining Sixty two acres also all my en tire Stock of Horses Cattle hogs sheep domestic fowls and poultry all my beds and every species of hous hold and Kitchen furniture the family Carriage and all my farming utensils of every Kind All the crop of every description that may be upon the plantation above named and all the provisions on hand at the time Of my death and I desire it to be under Stood that the property above named and given to my beloved wife Rebecca Roberts is to remain unsold during her natural life and to be used by her as her comfort and necessities may require: My Executor hereinafter named, to have no control over Said property during her said [Will Book Volume G, page 478] Rebecca Roberts natural life or by so much thereof as may be necessary to raise funds sufficient to satisfy all my debts and defray all expenses in case there should not be enough owing to me at the time of my death to answer that purpose and in case there should be a surplus left over and above the payment of debts and expenses that such Surplus shall be paid over to my Said Wife to be hers and at her disposal so far as it may be necessary to render her Comfortable and should the said Rebecca Roberts at any time become dissatisfied with any of the above named property She by my will is at liberty to Sell such of said property as may be necessary for her comfort & convenience and the title conveyed by my wife Rebecca Roberts shall be valid to all intents and purposes I desire it distinctly understood that all the above named property is to belong to my wife Rebecca Roberts and for her use during her natural life only Item My will and desire is that my Executor hereinafter named as soon as possible after the death of my beloved wife Rebecca Roberts proceed to Sell after giving due notice at public auction, on a credit of six months all the property then remaining of the above named estate both real and personal and if there should be any surplus over and above the payment of debts and expenses it is my desire that such surplus should be divided into six equal parts and paid over to my six children or to their bodily heirs as follows to my son Mark V. Roberts [Will Book Volume G, page 479] or his bodily heirs the one Sixth part of the surplus to my son Lewis Roberts or his bodily heirs the one sixth part of the Surplus to my Daughter Frances C Veazy or to her bodily heirs the one Sixth part of the Surplus to the heirs of my deceased Daughter Susan D Brooks the one Sixth part to my Daughter Melinda or her bodily heirs the one Sixth part And the one Sixth part to be paid over to the bodily heirs of my deceased Daughter Mary Ann Tilly, so that each one of my six children or their bodily heirs share and share alike to them and each of them abso lutely forever And lastly I do hereby Constitute and appoint my trusty friend Dennis Tilly my lawful executor to all intents and purposes or meaning of the same and every part and clause thereof hereby revoking and de claring utterly void all other Wills and Testaments by me heretofore made In witness whereof I the said Shadrack Roberts do hereunto set my hand and Seal this 20th day of July 1865. Signed sealed published and } declared by the Said Shadrack } his Roberts to be his last Will } Shadrack (X) Roberts (seal) and testament in the presence } mark of us who at his request and } in his presence do Subscribe } our names as witnesses thereto } L. W. Umsted } Gaston Roberts Orange County Court Augt Term 1865 The Execution of the foregoing last Will and Testament [of] Shadrack Roberts dec was duly proved in open court and ordered to be recorded See minutes Test Geo. Laws CCC Additional Comments: Will Book Volume G, pages 477-479 Recorded Aug 1865 Estate Papers comprise 31 pages and are found in the folder labeled "Roberts, Shadrock (1866)". No family history found.