Orange County NcArchives Wills.....Smith, Charles C April 6, 1857 ************************************************ 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 G, pages 164-165 Written: April 6, 1857 Recorded: May 1857 Testator: Charles C Smith I Charles C Smith of the County of Orange and State of North Carolina b[e]ing of sound mind and memory do make publish and declare this my last will and testament in manner and form following that is to say -- First I give to my wife Mary Smith my tract of land whereon I now live containing about two hundred and fifty acres with all my personal or parrishable[sic] property of every kind consisting of cattle horses hogs farming tools &c also seven negro slaves namely Keziah Sarah Margaret Nat, Sam, Nancy and George untill[sic] my son John Richard Smith shall arrive at the age of twenty one years but from the labour of said negroes she is to support and educate my son John Richard and my daughter Martha Ann untill my son John Richard shall arrive at the age of twenty one years, and at that time I will and desire that all the stock of horses cattle hogs and grain of every kind and farming tools shall be equally divided between my wife Mary Smith and my son John Richard Smith and at that time I give to my wife Mary Smith absolutely and forever my two slaves Kiziah and Nat. I also give to her during her life or widowhood ninety acres of off the Southern part of my plantation to include the mansion and all out houses at her death or marr[i]age I give the said ninety acres [page 2] of land to my daughter Martha Ann Smith Second I give to my son John Richard Smith the remainder of my land containing about one hundred and sixty acres. I also give to him my two negro slaves Sam and Sarah. Thirdly. I give to my daughter Martha Ann Smith my three negro slaves Margaret Nancy and George to be his[hers] forever. Fourthly I give to William Bird one hundred dollars to be paid out of any moneys that may remain due my estate after the payment of my just debts to be paid to him within three years from this date Fifthly. I will and desire that my executor shall convey to Burrus Cheek a Deed to ten acres of land whereon he now lives whenever he the said Cheek shall pay & satisfy all liabilities for which I am bound for him in any way or manner whatever Sixthly. I do appoint Richard M Jones executor to this my last will and testament C. C. Smith (seal) Signed sealed published and declared by the said Charles C Smith to be his last will and testament in presence of us who at his request in his presence and in the presence of each other do subscribe our names as witnesses thereto this 6th day of April A.D. 1857 Geo. W. Tate Jur Wilson Brown Jur [Will Book Volume G, page 164] I Charles C Smith of the County of Orange and State of North Carolina being of Sound mind and memory do make publish and declare this my last will and testament in manner and form following that is to say First I give to my wife Mary Smith my tract of land whereon I now live containing about two hundred and fifty acres with all my personal or perishable property of every kind consisting of cattle horses hogs farming tools &c also Seven Negro Slaves namely Kiziah Sarah Margaret Nat Sam Nancy and George untill my son John Richard Smith shall arrive at the age of twenty one years but from the labour of said negroes She is to support and educate my son John Richard and my daughter Martha Ann untill my son John Richard shall arrive at the age of twenty one years and at that time I will and desire that all the stock of horses cattle hogs and grain of every kind and farming tools ["shall"? x-out] shall be equally divided between my wife Mary Smith and my son John Richard Smith and at that time I give to my wife Mary Smith absolutely and forever my two Slaves Kiziah and Nat. I also give to her during her life or widowhood ninety acres of off the Southern part of my plantation to include the Mansion and all out houses at her death or marriage I give the said ninety acres of land to my daughter Martha Ann Smith Second I give to my son John Richard Smith the remain- der of my land containing about one hundred and sixty acres I also give to him my two negro slaves Sam and Sarah Thirdly I give to my daughter Martha Ann Smith my three negro Slaves Margaret Nancy and George to be hers forever Fourthly I give to William Bird one hundred dollars to be paid out of any moneys that may remain due my estate after the payment of my Just debts to be paid to him within three years from this date Fifthly I will and desire that my Executor shall convey to Burrus Cheek a deed to ten acres of land [Will Book Volume G, page 165] Whereon he now lives whenever he the said Cheek shall pay & satisfy all liabilities for which I am bound for him in any way or manner whatever Sixthly I do appoint Richard M Jones Executor to this my last will and testament C. C. Smith (seal) Signed sealed published and declared by the said Charles C Smith to be his last will and testament in presence of us who at his request in his presence and in the presence of each other do subscribe our names as witnesses thereto This 6th day of April AD 1857 Geo. W. Tate Jr Wilson Brown Jr Orange County Court May Term 1857 The execution of the foregoing last will and testament of Charles C. Smith decd. was duly proved in open court and ordered to be recorded. Test Additional Comments: Will Book Volume G, pages 164-165 Recorded May 1857 Estate Papers comprise 12 pages and are found in a folder labeled "Smith, Charles C (1857)". Richard M Jones, named in the will, did not become executor. Aquilla Jones was appointed administrator on 25 May 1857. Negro slaves were conveyed in the will, but mentioned in estate papers, transcribed below. Note the estate sale list is very brief. It appears that most of this estate was conveyed to the legatees. [Estate Papers - Estate Sale 5 Dec 1857] A List of the sale of property of C C Smith dcd. and hire of negros soled[sic] and hired by me as Admr with the will annexed of said deceased 5th Decr 1857 $ Cts 1 Bay Colt John Bain 35 00 1 Bay Mare Mary Smith 5 00 1 negro Girl Sarah hired W N Brown 37 50 1 " " Margaret Joseph Thompson 18 00 Feb 23rd 1858 Aquilla Jones