Orange County NcArchives Wills.....Tabb, Abner August 20, 1810 ************************************************ 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 273-275 Written: August 20, 1810 Recorded: Nov 1810 Testator: Abner Tabb In the nane[sic] of God Amen I Abner Tapp of North Carolina Or[a]ng[e] County being in perfect he[a]lth of body but or in perfect mind and menory[sic] thanks be given unto god calling unto mind the mortality of my body and knowing that it is appointed for all men once to Die do make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul unto the hand of almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God and as t[o]uching such worldly estate where with it hath pleased God to bless me in this life I give demise and dispose of the same in the follow ing manner and form first I give and bequeath to Francies my dear beloved wife all the land on the west side of the road begin[n]ing at the corner of Joshua Thompson fence and run[n]ing up the road to my line this land [blot out] to be hers goring[during?] her naterrel life and widerhood and after to be Richard Tapp also two negroes one named Scarboro[u]gh one Joshua for to be hern doring her nater ral life and widerhood and after to be sold and divided among my fore children and also nine he[a]d of cattel also my stock of she[e]p and hogs and farming tuls[tools] all so my hos hold and firna???[furniture] all to be disposed in the same maner of the two negrows exsept the said Francies do mary again and if take my children amedently and take above mentioned properties and put to the youse[use] of rasing my childrens also three hor[se] beast one gray one bay mare brown fielley [page 2] Secontly i give and bequeath to Richard Tapp my dearly beloved son all the land on the east side of the road begin[n]ing at the corner of Joshua Thompson fence running to wards mont Willing and also one negrow named Jere also one sorrel mare also all my cupering[coopering] tules and black smith tules thirdly i give and bequeath to Elizabeth my dearly beloved dau[gh]ter one negrow wench and child named Luce forthly i give and bequeath to Susannah my dearly beloved dau[gh]ter two negrows one named None another named Mose fifthly i give and bequeath to Elethe my dearly beloved dau[gh]ter two negrows one named Mary another named Ransum Sixly[sic] the crop now on the place must go to the youse[use] of the famley and after my Just debts being paid I give and bequeath to my dearly beloved dau[gh]ter fifty pound and after the rest of my money to be divid ed among my fore children and I hereby utterly disallow revoke and disannul all and every other former testaments wills Legacies bequeasts and executors by me in any wise before named willed and bequeathed ratifying and confirming this and no other to be my last will and test[a]ment in witness w[h]ereof I have here unto set my hand and seal this twentyeth of August in [the] year of our Lord one thousand [eight hundred] and ten Signed Sealed published pro } nounced and declared by the } Abner Tapp Said Abner Tapp as his } Last will and testament in } the presence of us who in } his presence and in the pre } sence of each of each other have } hereunto subscribed our names } [Will Book Volume D, page 273] In the Name of God Amen I Abner Tapp of North Carolina Orange County being in perfect Health of body but or in perfect mind and memory thanks be given unto God cal[l] ing unto mind the Mortality of my body & Knowing that it is appointed for all men once to die do make and ordain this my last Will & Testament that is to Say principally & first of all I give & recommend my Soul into the hand of Almighty God that gave it & my Body I recommend to the earth to be buried in decent Christian burial nothing doubting but at the general [Will Book Volume D, page 274] resurrection I Shall receive the same again by the mighty power of God and as Touching Such Worldly estate where with it hath pleased God to bless me in this life I give Demise and dispose of the Same in the following manner & form ---- First I give & bequeath to Frances my dear beloved Wife all the land on the west side of the road begin[n]ing at the Corner of Joshua Thomp =son fence and run[n]ing up the road to my line this land to be hers goring[during?] her natural life and widowhood & after to be Richard Tapp ---- Also two negroes, one named Scarborough one Joshua fo[r] to be hers Joring her Nateral life & widerhood and after to be Sold & devided among my fore children, and also nine head of Cattle, also my Stock of Sheep and Hogs and farming Tools, Also my Household and furniture all to be dispo sed in the same manner of the two negroes except the Said Francies do marry again & if take my Children amediately & take above mentioned properties and put to the use of raising my Children also three Horse beast one grey one bay Mare brown filly (#) Secondly I give & bequeath to Richard Tapp my dearly beloved Son all the land on the east side of the road begin[n]ing at the corner of Joshua Thompson fence run[n]ing to wards mount Willing & also one negroe named Jere-- also one Sorrel Mare also all my Coopering Tools and Black Smith Tools ---- Thirdly I give and bequeath to Elizabeth my dearly beloved Daughter one negroe Wench & Child named Luce --- Fourthly I give and bequeath to Su sanna my dearly beloved daughter two negroes one nam ed None another named Mose --- Fifthly I give and bequeath to Elethe my dearly beloved daughter two [Will Book Volume D, page 275] Negroes one named Mary another nam'd Ransom ---- Sixthly the crop now on the place must go [to] the use of the family and after my Just debts being paid -- I give & bequeath to my dearly beloved daughter fifty pounds and after the rest of my money to be divided among my four children -- And I hereby utterly disallow revoke and disannul all & every other former Testaments Wills Legacies bequeasts[sic] & executors by me in any wise before named will'd & bequeath'd ratifying & confirm =ing this & no other to be my last will and Testament In Witness whereof I have here unto Set my hand & Seal this twentieth of August in the year of Our Lord one thousand [eight hundred] and Ten Sign'd Sealed published pronounced and declared by the Said Abner Tapp as his last Will & Testament in the presence of us who in his presence & in the presence of each of each other have hereunto Subscribed our names Abner Tapp Additional Comments: Will Book Volume D, pages 273-275 Recorded Nov 1810 There is a second hand-written copy of the loose will with the original. Estate Papers comprise 123 pages and are found in a folder labeled "Tapp, Abner (1810)". "One Negro Girl" was sold at the estate sale on 30 May 1811 for £ 190. The inventory, return to Feb Court 1811 lists "Ten negroes". [Estate Papers - Petition 20 Nov 1820] To the Worshipful Justice of the County Court of Orange County The Petition of Richard Tapp, William Workman & Elizabeth his wife, Isaiah F. Cates & Susannah his Wife & William W. Horne & his Wife Lethe - against Allen Sykes & Frances Tapp Humbly petitioning shew unto your Worships your Petitioners Richard Tapp, William Workman & wife wife Elizabeth, Isaiah F. Cates & his wife Susannah, & William W. Horne & Lethe his Wife, all of Orange County: That one Abner Tapp late of said County deceas =ed was in his lifetime & at the time of death possessed of a large personal estate consisting of negro Slaves, cash on hand, Debts due to him, crops, stock of different kinds, furniture & utensils & other things to a great amount, viz. to the value of ten thousand dollars or other large sum; and being so possessed or entitled duly made & published his last Will & Testament in writing bearing date the 20th day of August 1810 or thereabouts & shortly after departed this life without in any manner altering or revoking the said Testament - That said Abner did not in his said Testament appoint any Executors thereof & that afterwards viz. at February Term 1811 of this Worshipful Court the said Will was duly proved in this Court & Letters of Administration with the Will annexed upon the said Estate were applied for & issued out of this Court to Allen Sykes & Frances Tapp, both of said County, who took on themselves the burden of Administering the said Estate & executing the said Will ---- Your Petitioners further shew that the said Allen & Frances or one or one of them very soon took possession of all the said personal Estate of the large luave aforesaid & sold it or otherwise converted it ot thereown uses & now have it in hand: and they also shew that the Testator in & by his said Testament beuqeath ( among other things) to the effect & substance following: - "I give to my son Ricahrd "one Negro man named Jere, one Sorrel Mare, all my Coopering "Tools & blackSmiths Tools, - I bequeath to my daughter Elizabeth "one Negroe Wench & Child named Luce - I give to my daughter [page 2] "Susannah two negroes one named None, another named Mose, "I give to my daughter Lethe two negroes, one named Mary, another "named Ransom - The crop now on the place must go to the use "of the family:- and after my Just debts being paid I give to my daughter "fifty pounds & after the rest of my money to be divided among "my four children" - all which will more fully appear reference being had to the same last Will & Testament for more certainty which is of Record in this Court, and your Petitioners shew that Your Petitioner Richard is the Testators son, & your Petitioners Elizabeth, Susannah & Lettie are his daughters who are mentioned in the said Will & that the Testator had only the said four Children & that your Petitioners William & Elizabeth have intermarried together; and your Petitioners Isaiah & Susannah have intermarried together & your Petitioners William W. Horn & Lethe have intermarried with each other; and they they are entitled to their several legacies aforesaid & also have the residue to said estate divided equally between them share and share alike according to the clause of the said Will last above recited, and they further show that your Petitioner Richard was for several years the Guardian of his said sisters, your petitioners, & in his own right & as such Guardian applied frequently to the said Allen & Frances to account with him for the said Estate & especially for the parts that beloved to his said Wards, & pay over to him what might be found due that the same might be put out to interest according to the Laws respecting orphans Estate: & also that all your petitioners since the said intermarriages have made like application for all account, settlement & payment. But the said Allen & Francis have hitherto wholly failed or refused to come to such account or to pay any part of the monies which they had receive altho' the same together with the Interest now amount to a very large sum:- To the End, therefor that the said Allen & Frances & each of them may full, true & perfect answers upon their oath make to all & singular the premises & may render & state an account of the said Estate & of the particulars thereof & of the disbursement on account of it or of the said Legacies & residue & settle the same & pay over to [page 3] your Petitioners respectively the balances that may be found due them with Interest thereon according to Law & that your Petitioners may have such other & further Relief as their case may require may it please your worships to grant to your petitioners the States Writ of Subpoena to be directed to the said Allen Sykes & Frances Tapp, commanding them &c to be & appear at he next Court of Pleas & quarter Sessions to be held for Orange County at the Court House in Hillsborough on the 4th Monday of November A.D. 1820 then & there to answer &c according to law & the course of the Court &c and your Petitioners will ever pray &c Thomas Ruffin Counsel for Ptnrs A Copy Test J Taylor CC