Orange County NC - WILLS - Joseph Shaw, 27 Feb 1826 File contributed for use in USGenWeb Archives by Barbara Bonham bbonham@awod.com ------------------------------------------------------------------- LAST WILL AND TESTAMENT of JOSEPH SHAW In the name of God, Amen, I, Joseph Shaw of the County of Orange in the State of North Carolina being considerable advanced in years, but of sound and disposing mind and memory, blessed by God, do make and publish the following as and for my last Will and Testament-that is to say: 1. My will and desire is that the plantation whereon I now live-excepting such parcels as shall hereinafter be otherwise disposed of together with my live-stock of every kind, my household and kitchen furniture, my wagon and gear and farming implements and utensils of every kind shall be held, occupied and enjoyed by such of my daughters as are unmarried or may hereafter become widows and need a home during the time she or they shall be and continue single and unmarried and I require of them to take charge of the slave named Philip and to support him. 2. To my grandson Benjamin J. Kinnion I desire and give the plantation aforesaid with its appurtenances subject as aforesaid to the use and occupation of my single and widow daughters if they think fit to reside thereon, and the right of possession and interest of my grandson Benjamin shall commence and begin from and after the marriage or death of the last of my daughters who shall reside thereon under the provisions of the first clause of this my Will. 3. My daughter, Maria Kinnion, now resides on a lot of about two acres which is part of the home place given as aforesaid to Benjamin J. Kinnion. The lot is marked and bounded by stones set up at the corners upon this said lot. I will that my said daughter, Maria, live, reside and continue as long as she may think fit so to do, free of rent or charge. 4. So long as my son, Joseph B. Shaw, shall continue to reside where he now does my will is that he have the use and occupation, rent free, of the enclosed field adjoining my wood land. 5. To the daughters of my son, Joseph, I give the use and occupation of that part of my tract which lies south of the little creek running through the plantation to hold the same until marriage or death with liberty of firewood and rails to repair the fences. I leave it to them for a home so long as they or any of them remain single and after the marriage of either her interest and right therein shall immediately cease and determine.. 6. To my grandson, Joseph John Shaw, I desire and give the said land south of the creek aforesaid subject however to the estate which his sisters take therein agreeable to the 5th clause of this my Will. His rights of Possession and Interest to commence from and after the marriage or death of the last of the single daughters of my son Joseph aforesaid. I also give to my said grandson, Joseph John Shaw, my two mares, a black and a bay, with their increase for his support and the support his brothers and sisters-said mare and their increase to be under the management and care of his father until he shall attain lawful age and these said mares and their increase to belong to him absolutely. 7. To my daughter, Drusilla Ann Hargis, I give my plantation on the waters of New Hope in Orange aforesaid, to hold the same so long as she may reside thereon and no longer. When she removes therefrom or departs this life then I give the said plantation to her daughters who may then be single, to hold the same interest single and upon the marriage of either of the daughters thereafter her right and interest therein shall immediately cease and determine. 8. I further wish and desire that upon the determination of the estate of my daughter, Drusilla Ann Hargis, in and to said New Hope plantation as provided for in the 7th clause of this my Will and upon the marriage or death of the last of her single daughters, the said New Hope plantation shall be held in fee simple by my grandson, Joseph B. S. Hargis. 9. To my daughter, Catherine H. Horton, I give for life a Negro boy named Duncan and at her death, to the children of her daughter, Maria B. Hargis-on the death of my daughter, Catherine, my will is that said Maria B. Hargis shall have the service and labor of said boy Duncan so long as she may think fit to do so without accounting therefore to her children in case she survives her mother. 10. To my daughter, Elinor Ann Ray, I give for life a Negro girl named Lovisa and her Increase and at her (Elinor's) death said Lovisa and her Increase to be equally divided, share and share alike, among the single daughters of said Elinor. 11. To the children of my daughter, Maria Kinnion, I give a Negro woman named Rachel and her Increase with this proviso and reservation, however, that their mother, the said Maria shall have the labor and service of said woman and her increase so long as she may think fit to do so without accounting therefore to her said children. 12. I give to my daughter, Rebecca E. Shaw, a Negro girl named Jenny and her increase. 13. I give to my daughter, Fantetina J. Shaw, a Negro woman named Susanna, a girl named Monica and a boy named Anthony. 14. I will that Negro slave Buswell be sold on a credit of twelve months and the proceeds arising from such sale to be divided into five equal shares and paid over as follows: To my son, Neal H. Shaw, one share+ADs- my son, Joseph B. Shaw one share+ADs- to my grandson, Neal H. Horton, one share+ADs- to my grandson, Anthony W. Horton, one share+ADs- and one share to my daughters, Rebecca and Fantetina. The share of my daughters, however, to be subject to the payment of my debts and burial expenses. Also of five shillings to my son-in-law John Warren+ADs- five shillings to my son-in-law, James M. Wheat+ADs- five shillings to my son-in-law, Paul Kinnion+ADs- and five shillings to my son-in-law Dennis Hargis, which several sums I direct my Executor hereinafter named to pay over to them when demanded. I do hereby constitute and appoint my daughter, Fantetina J. Shaw, Executrix of this my last Will and Testament hereby revoking all former Will by me at any time heretofore made and do declare this to be my last Will and Testament. In witness whereof, I, the said Joseph Shaw, have to this my last Will and Testament set my hand and affixed my seal this 27th day of Feb AD 1826. Joseph Shaw Orange County, Aug Term, 1832. The Execution of the foregoing last Will and Testament of Joseph Shaw, deceased, was duly proved in open court by the Oath of J. P. Sneed, one of the subscribing witnesses thereto and ordered to be recorded at the same time. The Executrix therein named appeared in open court and qualified accordingly. Will Book E, p. 277-279, Orange County, NC ------------------------------------------------------------------------ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation.