Orange County NcArchives Wills.....Shaw, Joseph February 27, 1826 ************************************************ 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 E, pages 277-279 Written: February 27, 1826 Recorded: Aug 1832 Testator: Joseph Shaw In the name of God, Amen, I, Joseph Shaw of the County of Orange in the State of North Carolina being [of] consid- -erably advanced years, but of sound and disposing mind and memory, blessed be God, do make and publish the fol- -lowing as and for my last Will and Testament - That is to say: 1st. My will and desire is that the plantation whereon I now live, excepting such parcels as shall hereinafter be other- -wise disposed of, together with my live stock of every Kind my household and Kitchen furniture, my waggon and geer 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 & unmarried, and I require of them to take charge of the slave named Philip and to support him. 2d. 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 & widow daughters if they think fit to reside thereon: and the right of possession and interest of my grandson Benjamin shall commence & 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. 3d. 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 contin- -ue as long as she may think fit so to do, free of rent or charge. [page 2] 4th. 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 woodland. 5th. To the daughters of my son, Joseph, I give the use and occupa- -tion 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 & rails to repair the fences. I leave it to them for a Home, so long as they or any of them remain single: and upon the marriage of either, her interest and right therein shall immediately cease and determine. 6th. 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 agreeably to the 5th clause of this my will:-- His right of possession and interest to com- -mence 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 mares and their in- -crease to be under the management and care of his father until he shall attain lawful age, and then said mares & their increase to belong to him absolutely. 7th. 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 re- -moves therefrom or departs this life, then I give the said planta- tion to her daughters who may then be single, to hold the same whilst single: and upon the marriage of either of the daughters thereafter her right and interest therein shall immediately cease and determine. 8th. I further will and devise, 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. [page 3] 9th. 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 daugh- -ter, 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 therefor to her children, in case she survives her mother. 10th. To my daughter, Eleanor Ann Ray, I give for life, a Negro girl named Levisa and her increase, and at her death said Levisa and her Increase to be equally divided, share and share alike, among the single daughters of said Eleanor. 11th. To the children of my daughter, Maria W. 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 Rachel and her issue so long as she may think fit to do so, without account- -ing therefor to her said children. 12th. I give to my daughter Rebecca E. Shaw a Negro girl named Jinney and her increase. 13th. I give to my daughter, Fantitina J. Shaw, a Negro woman named Susanna, a girl named Monica and a boy named Anthony. 14th. I will that negro slave Burwell 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. --- To my son, Joseph B. Shaw, one share--- To my grandson, Neal H. Horton, one share --- To my grandson, Anthony W. Horton, one share --- and one share to my daughters, Rebecca and Fantitina: --- 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, five shillings to my son-in-law, James M. Wheat, five shillings to my son -in-law, Paul Kinnion and five shillings to my son-in-law Dennis Hargis, which several sums I direct my executrix hereinafter named to pay over to them when demanded. I do hereby constitute and appoint my daughter [page 4] Fantitina Joys Shaw, executrix of this my last will and Testament, hereby revoking all former wills 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 February A.D. 1826. Signed, sealed, published & declared } by the above named Joseph Shaw } as and for his last will and Testa- } Joseph Shaw (SS) =ment, in the presence of us, who have } subscribed our names as witnesses } thereto, in the presence of said Testa- } -tor, and in the presence of each other } Murrell Bresse Thos. V Hargis J. P. Sneed Jurat Exx. qualied. [Will Book Volume E, page 277] In the name of God Amen I Joseph Shaw of the County of Orange in the State of North Carolina being [of] considerably advance[d] years but of Sound and disposing mind and memory blessed be God, do make and publish the following as and for my last Will and Testament That is to say -- 1st 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 ["life" x-out] live stock of every Kind my house hold and Kitchen furniture, my wagon and geer 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 & unma =rried and I require of them to take charge of the slave named Philip and to support him. 2th[sic] To my grandson Benjamin J Kinnion I desire and give the plantation aforesaid with its appurtenances subject as ---- aforesaid to the use and accupation[sic] of my single & widow daughters if they think fit to reside thereon, and the right of possession and Interest of my grandson Benjamin shall Commence & 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 --- 3d. 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 4th 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 woodland 5th 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 & rails to repair the fences I leave it to thim for a Home, so long as they or any of them remain single and after[upon] the marriage of either her interest and right therein shall immediately cease and determine 6th To my Grandson Joseph John Shaw I desire and give the said land South of the Creek aforesaid, subject how[ev]er to the estate which his sisters take therein agreeably to the 5th clause of this my will His right of possession and interest to commence from and after the mar =riage 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 mares and their in crease to be under [Will Book Volume E, page 278] [the] management and care of his Father until he shall attain lawfull age and then said mares & their increase to belong to him absolutely 7th To my daughter Drusilla Ann Hargis I give ["and" x-out] 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 whilst single and upon the marriage of either of the daughters there -after her right and interest therein Shall immediately cease and [x-out] determine 8th I further will and devise 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 9th To my daug =hter Catherine H. Horton I give for life a negro boy named Dun can 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 therefor to her children in case she survives her Mother 10th To my daughter Elinor Ann Ray I give for life a negro Girl named Levisa and her increase and at her death said Levisa and her increase to be equally divided share & share alike among the single daughters of said Eleanor 11th To the ["daughters" x-out] Children of my daughter Mana[Maria] W Kinnion, I give a Negro woman named Rachel and her increase with this proviso and reservation however that there[sic] mother the said Maria shall have the labor and service of said woman Rachel and her issue so long as she may think fit to do so without accounting therefor to her said Children 12th I gave[sic] to my daughter Rebecca E Shaw a ne =gro Girl named Jenney and her increase 13th I give to my daug[h] ter, Fantitina J. Shaw a Negro woman named Susanna a Girl named Monica and a boy named Anthony [Will Book Volume E, page 279] 14th I will that negro slave Burwell 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 [To] my son Joseph B Shaw one share - To my Grandson Neal H Horton one share -- To my grandson Anthony W Horton one share and one share to my daughters, Rebecca & Fantitina the share of my daughters however to be subject to the payment of my debts and burial expen =ces: also of five shillings to my soninlaw John Warren five shillings to my soninlaw James M Wheat five shillings to my soninlaw Paul Kinnion and five shillings to my soninlaw Dennis Hargis which Several sums I direct my Executrix herein after named to pay over to them when demanded I do hereby constitute and appoint my daughter Fantitina Joys Shaw executrix of this my last will and Testament hereby revoking all former Wills 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 ["his" x-out] have to this my last Will and testament set my hand and affixed my seal this 27th day of February AD 1826 Signed sealed published & declared } by the above named Joseph Shaw } Joseph Shaw (Seal) as and for his last will and testament } in the presence of us who have } subscribed our names as witnesses } thereto in the presence of said Tes } -tator and in the presence of each other } Murrell Bressee Thos. V Hargis J. P. Sneed Orange County, Aug Term, 1832. The Execution of the foregoing Last Will and testament of Joseph Shaw decd. was duly proved in open Court by the Oath of J. P. Sneed, one of the subscribing witnesses there to and ordered to be recorded at the same time the Executrix therein named appeared in open Court and qualified accord =ingly. Additional Comments: Will Book Volume E, pages 277-279 Recorded Aug 1832 Estate Papers comprise three pages and are found in a folder labeled "Shaw, Joseph (1832)". Slaves are listed in the Inventory (Aug 1832): "1 Nigrow woman and 2 Children; 2 Nigrow men", signed by Fantina J Shaw