Orange County NcArchives Wills.....Trice, William Sr December 7, 1838 ************************************************ 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 F, pages 19-21 Written: December 7, 1838 Recorded: Feb 1839 Testator: William Trice, Sr I William Trice Senr of the County of Orange and State of North Carolina, being weak in body but sound in mind and memory, and wishing to dispose of all the estate with which is has pleased God to bless me; do hereby make and declare this to be my last will and testament, revo= king all other wills heretofore made by me 1. I give and bequeath to Willis Dillard so much of my land ioining the Widow Daniel as at the value of five Dollars per acres will repay to him the principal interest and costs of the Philpott and Barbee Debts which he paid as security for my son James Trice. The said land to be laid off by the County Sur- veyor or some other person who may be chosen for that purpose by my executors and Willis Dillard 2 All the rest and residue of my estate both real and personal and all money due to me, I leave and devise to my beloved wife Frances Trice for and during her natural life, and the perishable estate thus left to her, she may use and enjoy without being liable to any account for the same to my executors, but the stock on land of every description at my death shall be numbered and valued by my executors and at my said wife's death ["fi there is then" x-out] an equal value of Stock (if my said wife should leave so much), shall again [page 2] fall into and belong to my estate. 3 After the death of my wife I direct and will that all of my estate shall be valued by five commissioners to be appointed by the County Court of Orange County under their hands & seals in writing and upon oath, the land separately and all the personal and perishable estate to itself, and three of said commissioners agree+ ing and acting shall be sufficient to act. 4 and in making such valuation they shall estimate the value of the lands which are now in the possession of any of my children, free from any improvements which they have have put upon the land, and free from any rent - and after Such valuation shall have been made they shall divide the said lands into four equal parts; and they shall also divide all my personal estate and effects into four equal parts. And I hereby give and devise all my estate both real and personal after the death of my said wife, as follows: Two fourths parts or shares there= of according to the valuation and division to be made as aforesaid to my son Zachariah Trice his Heirs and assigns forever One other fourth part of my estate both real and personal according to said valuation and division I give and devise to my son ["James" x-out] William Trice his heirs and assigns forever; but the share of my son ["James" x-out] William is to be liable for and account to my estate for any sum of money which I may during my life have to pay for him on account of the debt due [page 3] to the Bank of the State at Raleigh or which my estate may pay after my death his true interest in said debt so far as the same was contracted for his benefit will appear from the books of said Bank: as the present debts[sic] was consolidated out of three separate debts due said Bank by my three sons Zachariah William and James And in as much as I have herein made the portion of my estate willed to my said son William liable for my indemnity as his security aforesaid I do hereby release and will to my said son William all the property and effects which he conveyed to me by deed bearing date the 24th Feby 1838 The other fourth part of my estate according to the said valuation and division I give and devise to my daughter Penny for and during her natural life, and at her death equally to be divided among and between all her children, and should any of her children die during her life, without leaving lawful issue or without being married the share of such child or children shall go to the survi= vors But after the death of my wife and before any valuation and division shall be made, I will and bequeath to my grand daughter Penney Dillard one negro girl named Alesa and a boy named Abram. And to my son William I give a negro girl he now has in his possession by the name of Harriet subject to the payment of the Bank debt aforesaid. I further will and direct that in making the valu ation and division aforesaid the commissioners shall not take into consideration any negroes or other property which I have heretofore given to any of my children [page 4] And I further will and direct that either of my said chil= dren who is in possession of any of my land may hold the same as a portion of his or her share, and if the same is more than a full share then the difference in value shall be taken from the share of the ["real" x-out ]personal estate going to such child or shall be paid in money to the share or shares of land if less value. It is further my will and desire that in consideration of my having given to my son Zachariah two shares of my estate he shall pay the share or portion of my son James in the Bank debt. and I hereby charge the said shares willed to him with the payment of the same. I hereby appoint my sons Zachariah and William executors of this my last will and testament. With the interlineation of "William" twice on the second page "or which my estate may pay after my death" on the third page and "personal" on the fourth page I publish and declare the foregoing to be my last will and testament, revoking all other wills made by me this the 7 of December 1838 Signed sealed and published in the presence of William Trice Senr (seal) T. Bilbo } R. Henslee } Jurat Exrs qualified [Will Book Volume F, page 19] I William Trice Senr of the County of Orange and State of North Carolina being weak in body but sound in mind and memory and wishing to dispose of all the estate with which is has pleased God to bless me: do hereby make and declare this to be my last will and testament revoking all other wills heretofore made by me --- 1. I give and bequeath to Willis Dilliard so much of my ["property" x-out] land Joining the widow Daniel as at the value of five Dollars per acres will repay to him the principal interest and costs of the Philpott and Barbee Debts which he paid as Security for my son James Trice. The said land to be laid off by the County Surveyor or some other person who may be chosen for that purpose by my Executors and Willis Dilliard 2 All the rest and residue of my Estate both real and personal and all money due to me I leave and desire[sic] to my belove[d] wife Frances Trice for and during her natural life and the perishable estate thus left to her she may use and enjoy without being liable to any account for the same to my Executors but the Stock on land of every description at my death shall be numbered & valued by my Executors and at my said Wifes death an equal value of Stock (if my said wife should leave so much) shall again fall into and belong to my estate.- 3 After the death of my wife I direct and will that all of my estate Shall be valued by five Commissioners to be appointed by the County Court of Orange County under their hands & seals in writing and upon oath, the land Separately and all the personal and perishable estate to its self, and three of said commissioners agree -ing and acting shall be sufficient to act. [Will Book Volume F, page 20] 4 and in Makeing such valuation they Shall estimate the value of the lands which are now in the possession of any of my children free from any improvements which they have have put upon the land and free from any rent and after Such valuation Shall have been made they shall divide the said lands into four equal parts and they shall also divide all my personal estate and effects into four equal parts:- And I hereby give and desire all my estate with[orig: both] real and personal after the death of my said Wife as follows: Two fourths parts or Shares thereof according to the Valuation and division to be made as aforesaid to my son Zachariah Trice his Heirs and assigns forever One other fourth part of my estate with[orig: both] real and personal according to said Valuation and division I give and desire to my son William Trice his Heirs and assigns forever, but the share of my son William is to be liable for and account to my estate for any sum of money which I may during my life have to pay for him on account of the debt due to the Bank of the State at Raleigh or which my estate may pay after my death his true interest in said debt so far as the same was contracted for his benefit will appear from the books of said Bank as the present debts[sic] was Consolidated out of three seperate debts due said Bank by my three son[s] Zachariah William and James and in as much as I have herein made the portion of my estate willed to my said Son William li[a]ble for my indemnity as his security aforesaid I do hereby release and will to my said son William all the property and effects which he conveyed to me by deed bearing date the 24th Feby 1838 The Other fourth part of my estate according to the said Valuation and division I give and devise[sic] to my daughter Penny for and during hir natural life and at her death Equally to be divided among and between all her children and should any of her children die during her life without leaving lawful issue or without being married the share of such child or Children shall go to the Survivors But after the death of my wife and before any Valuation and division Shall be made. I will and bequeath to my grand daughter Penney Dilliard one negro girl named Alesa and a boy named Abram and to my son William I give a Negro girl he now has in his possession by the name of Harriet subject to the payment of the Bank debt aforesaid. I further will and direct that in making the valuation [Will Book Volume F, page 21] and division aforesaid the Commissioners Shall not take into Consideration any Negroes or other property which I have heretofore given to any of my Children And I further will and direct that either of my said children who is in possession of any of my land may hold the same as a portion of his or her Share and if the same is more than a full share then the diffe -rence in Value Shall be taken from the share of the personal estate going to Such Child or shall be paid in money to the share or shares of land if less value -- It is further my will and desire that in consideration of my haveing given to my son Zachariah two shares of my estate he shall pay the share or portion of my son James in the Bank debt. and I hereby charge the said shares willed to him with the payment of the same-- I hereby appoint my son[s] Zachariah and William Executors of this my last will and testament. I publish and declare the foregoing to be my last will and Testament revoking all other wills made by me this the 7 of December 1838 Signed sealed and published in the presence of William Trice Senr (seal) T. Bilbo Richard Henslee Orange County February Term 1839 The Execution of the foregoing Last Will and Testament of William Trice Senr decd. was duly proved in open Court by the oath of T Bilbo & Richard Henslee the subscribing Witnesses thereto and ordered to be recorded At the same time Zachariah Trice & William Trice the Executors therein named appear in open Court and qualified accordingly Test Additional Comments: Will Book Volume F, pages 19-21 Recorded Feb 1839 Estate Papers comprise 95 pages and are found in a folder labeled "Trice, William (1839)". Penny is Penelope, married William Rhodes and David Vickers. Penelope died 9 Feb 1863 leaving: James Rhodes (living in TN), Pleasant Rhodes (living in AR), Zachary Rhodes (living in MS), Willie T. Rhodes (living in ______), Melinda married George M. Vickers, Francis Vickers, Thos. W. Vickers and Mary Anne wife of John H. Anderson [Estate Papers - Valuation of Slaves 14 Apr 1844] The valuation of the negroes thus ------ Ben Blacksmith at ---- $100 Marry an[?] at ------- $425 Winney ------------ at $375 Harry ------------- at $175 John -------------- at $125 Henry Washington -- at $ 50 David (old man) at $10 April 18th 1844 [Estate Papers - Petition to Divide Land and Slaves May 1863] North Carolina } Court of Pleas &c Orange County } May Term 1863 To the worshipful the Justices of the said Court: The petition of David Vickers, George W. Vickers & wife Melinda, Frances Vickers, and John H. Anderson & wife Mary Anne respectfully represent That in the year 1839 died William Trice Senr. leaving a last will and testament duly executed to pass personal and real estate, which at the Feby Term 1839 of this Court was duly admitted to probate, the Executor therein named having been qualified as such, That by said Will, a duly certified Copy of which is hereunto appended and prayed to be taken as part of this petition, the said testator devised and bequeathed One Fourth part of his estate consisting of lands and slaves, to his daughter Penelope who had intermarried with one William Rhodes then deceased and late of said County, but at that time was was the wife of your petitioner David Vickers; ~ for and during the life of the said Penelope, and after her death equally to be divided amongst here surviving children. Your petitioners, show that the said Penelope died upon the 9th day of February 1893 leaving surviving her he following children; towit, James Rhodes who lives in Tennessee, Pleasant Rhodes living in Arkansas, Zachary Rhodes living in Mississippi, Willie T. Rhodes living in ________ [page 2] Melinda, wife of your petitioner George M. Vickers, Francis Vickers, also a petitioner, Thos W. Vickers and Mary Anne wife of your petitioners John H. Anderson ~ the said four last mentioned children being resident of said County of Orange. Your petitioner David Vickers showeth that in the life time of the said Penelope, towit upon the _____ day of ______ 18 ___ he became the purchaser of the feesimple interest of the said Willie T. Rhodes in the estate so vested as above in the said Penelope for life, and in the same way, upon the ___ day of ____ 18 ___ he bought the like interest of he said Thomas M. Vickers, as will better appear by their respective deeds, now in the possession of said David and which he will produce to this worshipful Court whenever so ordered. Your petitioners further show to your Worships that upon the death of said William Trice such proceeding were had that certain slaves were allotted to the said Penelope as her share of his estate & that of these there now survive a woman, Winney, aged about 50 years; a man John aged about 21 years, and a boy Buck, aged about 15 years ~ that there are now to be divided betwixt your petitioners David Vickers Frances Vickers, George W. Vickers & wife Melinda and John H Anderson & wife Mary Ann, together with James Rhodes, Pleasant Rhodes and Zachary [page 3] Rhodes is giving to said David two shares; to said George and John, in right of their wives res- spectively, and to the devisees mentioned one share each, and your petitioners show that to make such division it will be necessary to sell the said slaves, Your petitioners also show that as another part of said estate allotted to said Pene- lope ???? the will of her Father and which is now to be divided amongst your petitioners and the devisees above mentioned in the proportions above set forth is a tract of land containing Three Hundred and Sixty Eight (368) Acres more or less upon the waters of New Hope Creek in said County and adjoining the lands of James N. Patterson, Hiram Marcom, William Trice and John Boroughs To the end therefore that said slaves and land may be divided between your petitioners and the devisees entitled as above, and that your petitioners may have such ???? & further relief as &c &c: May it please your Worships to grant to your petitioners the State's writ of subpoena to be issued to said Thomas M. Vickers & Willie F. Rhode commanding them &c and forasmuch as the said James Rhodes, Pleasant Rhodes and Zachary Rhodes are non resident of this State May it please your Worships to have publication duly made for them. And your Petitioners will ever pray &c S. T. Phillips Solr