Orange County NcArchives Wills.....Scott, James July 9, 1864
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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 454-456
Written: July 9, 1864
Recorded: Aug 1864
Testator: James Scott

North Carolina }
Orange County  }
                 I James Scott of the County of Orange &
State of North Carolina being of Sound mind and memory but
considering the uncertainty of my Earthly existence as I am in feeble
health do make and declare this my last will and testament in
manner and form 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 relaitions[sic] and friends
and pay all funeral expenses together with my Just debts howsoever
and to whomesoever owing out of the moneys that first comes into
his hands as a part or parsal of my Estate

Item first I give and devise to my beloved Wife Jane Scott all
of my home tract of land together with all of my personal
property of Every description both personal and real with
the Exception of what I do hereinafter mention to have and
to hold to her the said Jane Scott for and during the term of
natural life

Item Second I give and divise to my eldest Sone John D
Scott the west End of the Stewrt track of land and also
the west End of the Burch tract to be Set apart by a line running
North & south from the south East corner of the Stewrt tract
to Murpheys line thence by cource of deed to the North End
of said line on Hester line supposed to contain Eighty acres
also one bead & its necessary furniture one cow one Brown Mare
Fanny & the rifle gun if he my above named sone
shall return from the armey & if he should be killed
or dye in the army then his share of the property (above named) shall
return to my wife Jane Scott during her natural life to
be disposed of as hereinafter named

[page 2]
Item third I give and devise to my youngest Sone
James M Scott the East End of the Burch tract of land
with the tract which came by my wife supposed to contn.
Eighty acres from an[sic] north and south line running south
from the South East corner of the Stewrt tract to Murpheys line
thence by deed to the north End of Said line on Lees line
line[sic] also one bead & necessary furniture one cow and one
horse or their value when my said sone James M. Scott
whin he ar[r]ives to the age of twenty (one) years & if the said James
M Scott should die before he ar[r]ives at age then the said
property is to return to my wife Jane Scott to be divided
as herein after named & the said land & property above
given to James M Scott is to remain in the possession and
use of my wife Jane Scott untill the said James M
Scott arrives to full age

Item fourth I give and devise to my neace Mary Stewrt
one Bead & its necessary furniture as her absolute property

Item fifth My will and desire is that all of my
home tract of land together with all of my personal
property that may remain on hand that is not above
named at the death of my wife Jane Scott of Every
description both real and personal of ["Every" x-out] be sold & divided in
Six Equal Shares one Share to the children of my Dec. daughter
Francis M'adams one Share to My daughter Jane Dunn one
share to My Daughter Isabella Hessey one share to my
Daughter Nancy Scott

[page 3]
One Share to my daughter Julia A Scott and
one share to my daughter Sidney M Scott as their
absolute property foreve[r]

And Lastly I do hereby constitute and appoint my trusty
friend Freeman Walker my lawfull Executor to all intents
and purposes to Execute this my last will and Testament
according to the true intents and meaning of the same
and every part and clause there of hereby revoking and
declaring utterly Void all other wills and testaments by me
heretofore made

In witness whereof I the said James Scott do hereunto
set my hand and seal this the 9th day of July 1864

Signed seald published and declaired by
me the said James Scott to be his last will
and testament in the presence of us who at his
request and in his presence do subscribe
our Mames[sic] as witnesses thereto

(Test)  Allen Compton        James Scott (seal)
John Compton

[Will Book Volume G, page 454]
North Carolina     }
     Orange County }
                  I James Scott of the County
of Orange & State of North Carolina being of Sound mind
and Memory but Considering the uncertainty of my earthly
existence as I am in feeble health do make and declare this
my last will and testament in Manner and form following that is to say

First that my executor herein after 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 whomesoever owing
out of the moneys that first Comes into his hands as a part
or parcel of my estate.

Item first I give and devise to my beloved Wife Jane Scott all
of my home tract of land together with all of my
personal property of every description both personal
and real with the exception of what I do here in after
mention to have and to hold to her the said Jane Scott
for and during the term of natural life.

Item Second I give and devise to my eldest Son John D Scott
the west End of the Stewert tract of land and also the west
end of the Burch tract to be set apart by a line running North
& south from the South East Corner of the Stewrt tract to
Murpheys line thence by course of deed to the North
end of said line on Hester line supposed to Contain
eighty acres also one bed and its necessary furnature
one Cow one brown Mare Fanny & the rifle Gun
if he my above named Son shall return from the
army & if he should be Killed or die in the Army
then his share of the property above named shall
return to my wife Jane Scott during her natural
life to be disposed of as here[in]after named

Item third I give and devise to my youngest Son

[Will Book Volume G, page 455]
James M Scott the east end of the Burch tract of land
with the tract which came by my wife supposed to
cont. eighty acres from an[sic] north and South
line run[n]ing south from the South East corner
of the Stewrt tract to Murpheys line thence by deed to the
north End of Said line on Leas line - also one bed
& necessary furniture one Cow and one horse or their
Value when My said Son James M. Scott when
he arrives to the age of twenty one years & if the
said James M Scott should die before he arrives
at age then the said property is to return to my
wife Jane Scott to be divided as herein after named
& the said land & property above given to James
M Scott is to remain in the possession and use of
my wife Jane Scott untill the said James M Scott
arrives to full age.

Item fourth I give and devise to my Niece Mary Stewrt one
Bed & its necessary furnature as her absolute property

Item fifth My will and desire is that all of my home tract
of land together with all of my personal property
that may remain on hand that is not above named
at the death of my wife Jane Scott of Every description
both real and personal of -- be sold & divided in Six
equal Shares one Share to the children of my decd. daughter
Francis McAdams one Share to My daughter Jane Dunn
one share to My Daughter Isabella Hessey one share
to my daughter Nancy Scott one Share to my daughter
Julia A Scott and one Share to my daughter
Sidney M Scott as their absolute property forever

And Lastly I do hereby Constitute and appoint my
trusty friend Freeman Walker my lawfull Executor
to all intents and purposes to execute this my last
will and testament according to the true intent[s]
and meaning of the same and every
part and clause there of hereby revoking and declaring
utterly Void all other wills and
testaments by me heretofore made

In witness whereof I the said James Scott

[Will Book Volume G, page 456]
do here unto set my hand and Seal this the 9th day
of July 1864

Signed Sealed published and declared by me
the Said James Scott to be his last will and testament
in the presence of who at his request and in his
presence do Subscribe our names as witnesses thereto

Allan Compton              James Scott (seal)
John Compton

Orange County Court Augt. Term 1864
The foregoing last will and testament of
James Scott decd. was duely proven in
open Court according to law and Order[e]d
to be recorded.

Additional Comments:
Will Book Volume G, pages 454-456
Recorded Aug 1864

Estate Papers comprise 29 pages and are found in a folder named "Scott, James (1873)". There is little family history here.  Estate was not settled until 1873 or so.

Frances married James McAdams
Isabella married Marvin Hessey