Orange County NcArchives Wills.....Rogers, Eleanor March 30, 1841 ************************************************ 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 217-220 Written: March 30, 1841 Recorded: Aug 1844 Testator: Eleanor Rogers Be it known, that I Eleanor Rogers of Orange County in North Carolina have made this my last will & testament this 30th day of March 1841 As I gave to my children, who have married, such advance ments as were in my power when they left me, & those of them, who would probably take care of any thing I might leave them, are now in comforta- ble circumstances, I consider it my duty to give the principal part of my property to my youngest Son, William Rogers, who has not married but remained with me & hath been dutiful in his attentions to me & my affairs & aided much in encreasing my stocks & other property. There- -fore I do in the first place, give & bequeath to my said Son William two negro men, named Peter & Nathan, all my socks of horses, cattle hogs & sheep, my farming tools & implements, two beds & their furniture (his choice out [of] my beds & furniture) & all other parts of my household furniture, except the remaining beds & furniture. I also discharge my said Son William from the payment of two bonds or notes which he gave me & from any & every debt he may owe me at my death. To my Son James Rogers I leave one bed & furniture, the third choice of such as I may have; and also the sum of Ten dollars. To my four daughters, Jane Holt, Ann Albright, Eleanor John- ston, & Mary Foust I give my remaining beds & bedding or their furniture; equally to be divided between them. ~~ To my Son William I give my negro boy named Joe, for & dur- ing the term of the natural life of my only Sister Jane Rogers, wife of William Rogers, the elder; in trust, nevertheless, for the said Jane, to her sole & separate use & free from the control or disposition of her said husband; and after the death of my said sister I give the said Joe to my said Son William to his own use & absolutely. To my daughter Eleanor Johnston I give my negro boy, named Jack, for & during her life; with remainder, after her death, to her to Sons John & James, equally to be divided between them. that if either the said John or James should die before me, or should die after me under the age of twenty-one years & unmarried, then the share of him so dying shall go & belong to the survivor. To my daughter Mary Foust I give my negro boy Hill: and to my daughter Ann Albright I give my negro woman named Charity & such encrease as she may have after the date of this will To my Son John Rogers & to my daughter Jane Holt I give each (the [page 2] the sum of twenty dollars. The said money legacies to my Sons James & John & my daughter Jane shall be paid by my Son William; to whom, that is to say, my said Son William, I give all the residue of my Estate, not hereinbefore particularly disposed of. I appoint my Son William Rogers the Executor of this my last Will & testament. ~~ her Signed & published by the Testatrix Eleanor (X) Rogers Eleanor Rogers before us, who attested mark the same in the presence of the testatrix & of each other Thomas Ruffin Milton Holt Be it Known that I Eleanor Rogers, the maker of the Will above written, do ordain & declare the following provisions, as a Codicil thereto and to be taken as a part thereof -- My daughter Eleanor Johnston having departed this life, to whom I had given by the above will my Boy named Jack for her life, with remainder to her sons John & James, I now give the said Boy Jack to my son William to have & to hold to him absolutely forever. And I give to my above named grandsons John & James Johnston the sum of ten dollars each to be paid to them by my Son William, in lieu of their said remainder in the said Boy Jack -- I also give to my grand daughter Sally Rogers who has waited upon me most kindly & faithfully & who has assisted me in all my domestick affairs, the negro Boy Milton, the child of Charity = And my desire is that my Son William shall hold the said Boy Milton in trust for my granddaughter Sally and allow her if she should wish it, to keep the said Boy in her possession & service or at her request to hire out the said Boy & pay over the hire to her for her separate use & maintenance & free from any liabilities, claims, or debts of such husband as my grand daughter may hereafter marry - and if the said Sally Rogers should die unmarried or without children, then I wish [page 3] the said Boy Milton to go to whomsoever she my give it or to her legal representatives her Eleanor (+) Rogers mark Signed & published by the Testatrix Eleanor Rogers before us, who attested the same in her presence & in the presence of each other John Rogers } Milton Holt } Jurat Exr qualified [Will Book Volume F, page 217] Be it known, that I Elenor Rogers of the County of Orange in North Carolina have made this my last will & Testament this 30th day of March 1841 As I gave to my children, who have married such advancements as were in my power when they left me & those of them who would probably take care of any thing I might leave them are now in comfortable circumstances I consider it my duty to give the principal part of my property to my youngest for[Son] Will[William] Rogers who has not married but remained with me & hath been dutiful in his attentions to me & my affairs & aided much in increasing my stocks & other property therefore I do in the first place give & bequeath to my said for[Son] William two negro men named Peter & Nathan all my socks of horses Cattle hogs & sheep my farming tools & implements two beds & their furniture (his choice out [of] my beds & furniture) all other parts of my household furniture except the remaining beds & furniture I also discharge my said Son William from the payment of two bonds or notes which he gave me & from any & every debt he may owe me at my death to my Son James Rogers I leave one bed & furniture the third choice of such as I may have and also the sum of ten dollars to my four Daughters Jane Holt Ann Albright [Will Book Volume F, page 218] Elenor Johnson, & Mary Foust I give my remaining bed[s] & bedding or their furniture equally to be divided between them to my Son William I give my negro boy named Joe for & during the term of the natural life of my only sister Jane Rogers wife of William Rogers, the ender in trust nevertheless for the said Jane to her sole & separate use & free from the Contrale or disposition of her said husband & after & after[sic] the death of my said Sister I give the said Joe [to] my said Son William to his own use & absolutely to my daughter Elenor Johnston I give my negro boy named Jack for & during her life with remainder after her death to her to Sons John & James equally to be divided between them that if either the said John or James should die before [me] or should die after me under the age of twenty one years & unmarried then the share to him shall go & belong to the survivor to my daughter Mary Foust I give my negro boy Will[orig: Hill] & to my daughter Ann Albright I give my negro woman named Charity & such increase as she may have after the date of this will to my Son John Rogers & to my Daughter Jane Holt I give each the sum of twenty Dollars the said money legacies to my Sons James & John & my daughter Jane shall be paid by my Son William to whom that is to say my said Son William I give all the res- -idue of my estate not hereinbefore particularly dispose[d] of I appoint my Son William Rogers the Executor of this my last Will & Testament. Signed & published by the } her Testatrix Elenor Rogers before } Eleanor (X) Rogers us who attested the same [in] the } mark in presence of the testatrix & } of each other } Thomas Ruffin Milton Holt [Will Book Volume F, page 219] Be it Known that I Eleanor Rogers, the maker of the Will above written do ordain & declare the following provisions as a codicil thereunto & to be taken as a part thereof my daughter Elenor Johnston having departed this life to whom I have given by the above will my Boy named Jack for her life, with remainder to her sons John & James, I now give the said boy Jack to my son William to have & to hold to him absolutely forever & I give to my above named grandsons John & James Johnston the sum of ten dollars each to be paid to them by my Son William in lieu of their said remainder in the said boy Jack -- I also give to my grand daughters[sic] Sally Rogers who has waited upon me most kindly & faithfully & who has assisted me in all my domestick affairs the negro Boy Milton the child of Charity = And my desire is that my Son William shall hold the said Boy Milton in trust for my grand daughter Sally and allow her if she should wish it to keep the said boy in her possession & service or at her request to hire out the said boy & pay over the hire to her for her separate use & maintenance & free from any liabilities Claims or debts of such husband as my grand daughter may hereafter marry - and if the said Sally Rogers should die unmarried or without Children then I wish the said boy Milton to go to whom- soever she my give it or to her legal representatives her Signed & published by the Testatrix } Eleanor (X) Rogers Eleanor Rogers before us who attested } mark the same in her presence & in the } presence of each other } John Rogers } Milton Holt } Jurat [Will Book Volume F, page 220] Orange County August Term 1844 The Execution of the foregoing last Will and Testament of Elenor Rogers Decd was duly proved in open Court my the oaths of John Rogers & Milton Holt The subscribing witnesses thereto & ordered to be recor- -ded At the same time William Rogers the Executor there in named appe[a]red in open Court & qualified accordingly Test Additional Comments: Will Book Volume F, pages 217-220 Recorded Aug 1844 Estate Papers comprise nine pages and are found in the folder labeled "Rogers, Eleanor (1844)". In the final settlement, there is a list describing the delivery of the slaves to the legatees as listed in the will. There is an additional comment: "The other Slaves retained in possession of the Executor" [Estate Papers - Petition to Sell Slaves Nov 1844] State of North Carolina } Court of Pleas & Quarter Sessions Orange County } November Term 1844 The Petition of William M Rogers, Peter Foust, John Johnston, John Rogers, James Johnson / by his Guardian William M Rogers/ and William M Rogers & Anne Albright Executor of Nicholas Albright deceased, represent to your Worshipful Court that they are Tenants in Common of two negro Slaves, Patience and Mary, conveyed to them by Bill of Sale from Eleanor Rogers late of this County and State in order to make partition among your Petitioners it is necessary that the said Slaves should be sold - Your Petitioners therefore pray the Court to appoint a Commissioner to make sale of said Slaves at public auction upon a credit of nine Months, the said Commissioners giving notice of the day & time of sale at three or more public places in the County And Report to this Court at the next term, so that Distribution of the proceeds of said Sale may be made to your Petitioners according to their several rights & interests. And your Petitioners will every pray &c William K Ruffin Sol George Foust appointed Commissioner [Estate Papers - Report of Sale of Negroes 3 Feb 1845] The undersigned George Foust appointed Commissioner to make sale of two negroes, Patience & Mary, in order to make division among the children of the late James & Eleanor Rogers offered the said Negroes at public sale to the highest Bidder on the 26th of Decr 1844 (first giving public notice at three or more public places in the County) - When William M Rogers became the purchaser of the said woman Patience at the sum of twelve dollars /$12/ and the woman Mary at the price of Four hundred & fifty dollars /$450/- which sums [page 2] that is to say the sum of Four hundred & sixty two dollars the said William M Rogers has paid to the undersigned and he has paid sixty-six dollars /$66/ to Peter Foust, sixty six dollars /$66/ to the Executors of Nicholas Albright, sixty six dollars /$66/ to William M Rogers assigned of James Rogers, one hundred & thirty two dollars /$132/ to Wm. M Rogers due in his own right - thirty three dollars /$22/ to John Johnston distributee of David C Johnson & thirty three dollars /$33/ to Wm M Rogers Guardian of James Johnston the other distributee of the said David and retained in his own hand as attorney in fact for John Rogers sixty six dollars /$66/ - Making in all the sum of Four hundred & sixty two dollars /$462/- 3 Feby 1845 Geo Foust