Orange County NcArchives Wills.....Rogers, James December 18, 1806 ************************************************ 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 D, pages 194-197 Written: December 18, 1806 Recorded: May 1807 Testator: James Rogers In the name of God Amen I James Rodgers of the County of Orange and State of North Carolina being in perfect mind and memory Thanks be unto God but calling to mind the uncertainty of my life And that it is appointed for all men once to die therefor such property as it hath pleased God to bestow on me in this life I give And bequeathe[sic] in the following manner and form Viz --- First of [all?] it is my will and desire that my loving wife shall have the full use and benefit of the manor plantation whereon I now Live and one Negroe fellow by the Name of Sharper during Her life also a Childs part in full of all the [strikeout] of young Negros & that may hereafter happen that my said wife may have the benefit & use of the same during her life and further my My[sic] will and desire is that my said wife shall possess and and[sic] Enjoy the whole of my stock of every description Viz Horses Cattle Hogs Sheep &c and so as a discreationary right to raise Sell and kill as the circumstances of the family may require For the support of my said wife and Childern[sic] & as my Childern grows up Marrys or dies in the first instance I leave my said wife at lib- erty To part with such portion of the stock as she may see fit at such separation and also such articles of furniture as she may be Disposed to part with leaving the whole at her disposal in Every instance as my will and desire is that she shall be possessed of the whole of my property during her life of every Description whatsoever Item I give and Bequeath to my Son John one Hundred and fourty acres of land adjoining the line of Ceason Capps running for quantity on western line I gave To Him and his Heirs for ever Item I give and bequeath to my Son James one Half of a tract of land said to contain two Hundred and fifty acres be the Same more or less & adjoining the lands of George Foust, William Holt and others which said land, one Half thereof I give To my said Son James His Heirs and assigns for ever Item I give and bequeath to my Son William the other Half of the above named tract of two Hundred & fifty acres Be the same more or less one Half thereof I give to my son William his Heirs and assigns for ever ~~~~~~~~~~~~~~~ [page 2] Item so far as respects my daughters Viz Jean, Ann, Nelly and Poley I have heretofore placed a discreationary power in my loving wife that if my said daughters grows up and Enters into the married state then my said wife will discover & and[sic] give such portion of stock and furniture as she may see fit at such seperation[sic] -- And at the death to my loving wife my will and desire is that all of my Stock & furniture of every description Shall be divided agreeable to the power and discreation with which I have intrusted my said wife to do for the benefit of my said chirdern[sic] and as To such Negroes as I am now possessed off[sic] viz Patience Dilce, Amay & Joe with the increase that may accrue Therefrom My will and desire is that the above named Slaves &c shall continue to live with my said Wife to aid and assist hir until my youngest daughter Polly comes of age Then an equal division of the said Slaves &c to take place Jointly amongst all my childern Sons & daughters To them and there Heirs for ever - and for the true execution of the within I Do nominate and appoint my Brother William Rodgers & My loving wife as executors[sic] & executrix to this my last will and testament revoking and disanulling all others Heretofore made acknowledging this and this only to Be my last will and testament in witness hereof I have Hereunto set my hand and affixed my seal this 18th Day of December 1806 James Rodgers (seal) Signed Sealed and delivered in presence of us ??? Holt James Patton Jurat Codicil before signing ???? the Slaves left to my wife during her life at Her death The sd. Sharper is to be equaly divided as the other slaves James Rodgers (seal) [Will Book Volume D, page 194] In the Name of God Amen I James Rodgers of the County of Orange and State of North Carolina being in perfect mind & memory thanks be unto God but Cal[l]ing unto mind the uncertainty of my life And that it is ap- pointed for all men once to die therefor such property [Will Book Volume D, page 195] as it hath pleased God to bestow on me in this life I give and be- queath in the following manner and form (Viz) First of [all?] it is my will and desire that my loving wife shall have the full use and benefit of the manor plantation whereon I now live and one negroe fellow by the name of Sharper during her life also a Childs part in full of all the of[sic] young Negroes & that may hereafter happen that my said Wife may have the benefit and use of the same during her life and further my Will and desire [is] that my said wife shall possess and enjoy the whole of my stock of every description (Viz) Horses Cattle Hogs Sheep &c and to us[sic] a discretionary right to rase Sell and kill as the circumstances of the family may require for the support of my said Wife and Children and as my Children grows up Marries or dies in the first instance I leave my said wife at liberty to part with such portion of the stock as she may see fit at such separation and also such articles of furniture as she may be disposed to part with leaving the whole at her disposal in every instance as my Will and desire is that she shall be possessed of the whole of my property during her life of every description whatsoever ~~~~ Item I give and bequeath to my Son John one Hundred and forty acres of Land adjoining the lines of Ceason Capps run[n]ing for quantity on western line I gave to Him and his heirs forever ~~~ Item I give and bequeath to my son James one half of a tract of land said to Contain two Hundred & fifty acres be the same more or less & adjoining the lands of George Fost William Holt and others which said land one half thereof I give to my said son [James] his heirs & assigns forever ~~~ Item I give and [Will Book Volume D, page 196] bequeath to my son William the other Half of the above named tract of two Hundred and fifty acres be the same more or less one half there of I give to my son William his heirs and assigns forever ~~~~~~~~ Item so far as respects my daughters (Viz) Jean Ann Nelson [orig: Nelly] and Poley I have heretofore placed a discretionary power in my lov- ing Wife that if [my] said Daughters grows up and Enters into the married state then my said Wife will discover and give such por -tion of stock and furniture as she may see fit at such seperation[sic] and at the death to my loving wife my will and desire is that all of my stock and furniture of every description shall be divided agreeable to the power and Discretion with which I have entru- sted my said Wife to do for the benefit of my said Children and as to such negroes as I am now possessed of (Viz) Patience Dilce Amy and Joe with the increase that may accrue therefrom my Will and desire is that the above named slaves &c, Shall continue to live with my said Wife to aid and assist her until my youngest Daughter Polley Comes of age then an equal division of the said Slaves &c. to take place Jointly amongst all my Children Sons & Daughters to them and their Heirs forever and for the true execution of the within [I] Do nominate and appoint my Brother William Rodgers and my loving Wife as Executors[sic] and Executrix to this my last Will and Testament revoking and disanulling all others Heretofore made acknowledging this and this only to be my last Will and Testament in Witness hereof I have Hereunto set my hand and affixed my seal this 18th day of December 1806 ~~~~ Signed Sealed & delivered James Rodgers (seal) in presence of us J Scott ~~~~ James Patton ~~~ [Will Book Volume D, page 197] Codicil before signing (Viz) the slaves left to my Wife during her life at her death the sd. Sharper is to be equally divided as the other slaves James Rhodes (seal) Orange County May Term 1807 The Execution of the foregoing last Will and Testament of James Roes Decd. Was duly proved in Open Court by he Oath of Jas. Patton and Ordered to be recorded at the Same time the Exr. therein Named qualified Accordingly Test J. Taylor Additional Comments: Will Book Volume D, pages 194-197 Recorded May 1807 Estate Papers comprise 8 pages and are found in a folder labeled "Rogers, James (1825)". Testator's wife's name not found in will, but appears to be Nelle. [Estate Papers - Final Settlement of the Sale of Negroes Nov 1825] State of North Carolina } Orange County } Whereas James Rogers late of Orange County Decd. in and by his last Will declared that Such Negroes as he was then possessed of, to Wit, Patience, Dilce, Amey & Joe, with Such Increase as they might thereafter have, Should continue to live with his Wife, to aid & assist the Until her youngest Daughter Polley should come to full Age, and then that the Said Negroes & their Increase Should be equally divided Among all his Children, except the Increase of Said Slaves, which he directed to be equally divided between his Widow & Children: And Whereas the Said youngest Daughter Polly has arrived to full age, And it being necessary for the Purposes of carrying the Will into effect, that the Said Negroes & their Increase Should be Sold We William Rogers Executor, & Nelle Rogers Executrix of the Said Will, after due Advertisement made, exposed the Said Negroes & their Increase to public Sale on the 4th August 1825, on a Credit of twelve Month. And the Said Negroes & their Increase, were Sold for the following Prices, to the following Persons ( To Wit [page 2] Old Stock Patience ---------- Nelle Rogers ------------- $150. Dilce ------------- Peter Foust ------------- 300 Amie -------------- Nicholas Albright -------- 405. Joe --------------- James Rogers ------------- 556. --- $ 1411: 150 _________ $ 1261 Increase Charity ----------- William Rogers ----------- 265. Anica ------------- David Johnston ----------- 300. Washington -------- William Rogers ----------- 290. Edmond ------------ John Rodgers ------------- 230. Jack -------------- David Johnston ----------- 200. Andrew ------------ Nicholas Albright -------- 174. Jerry ------------- William Rogers ----------- 200. Obion? ------------ Peter Foust -------------- 136. Mary -------------- Nicholas Albright -------- 120. Nathan ------------ William Rogers ----------- 100. Amelia ------------ Peter Foust -------------- 50. -- $2065 All the Children except Hezekiah Holt & Wife released to Nelle Rogers their Mother, their Interest in the Negro Woman Patience - there are Seven Children and 1/7th Part of the Price of Patience, retained by Hezekiah Holt is $ 21:42/100 / $ 21:42/100. The residue the old Stock of Negroes brought at the Sale $1261-. [-------------large x-out -------------] [Note: There are five additional pages of accouts, etc, without additional family history.]