Orange County NcArchives Wills.....Umstead, Jacob March 2, 1816
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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 495-496
Written: March 2, 1816
Recorded: Nov 1816
Testator: Jacob Umstead

In the Name of God Amen March
Sacond 1816 being sick in body but
of a good and perfect memory thanks be to
Almity God Caling to mind the uncartan
State of this transsitary life and that all flesh must
yeld to Deth when it shall plese God to
Call do make Constitute ordain and declare
this my last will and testement in manner
and form following first I will that all my
Just depts[sic] Shold be paid Itam [I] give and
bequath all my property and money
unto my Brothers and Sisters to be devided
ither by Sale or Valluation my Brothers
to have two Sheres and my Sisters one
my Brothers David sons to have one
Shere with my Sisters I will that Mother
Shall have hor mentainence out of my
etstate if the Longest Liveer and
and[sic] to Live with hor Dauter Jane and
My Sarvent Joe to have his fredom
and I at[?] Elisha Umsted Executor

In Witness Whareof I Set my
hand
                     Jacob Umsted
tes

[illegible, badly faded]

[page 2]
Wm. P. Mangum being called on Says on Oathe
that the will & every part thereof is in the
hand writing of Jacob Umstead Decd the
Testator

[Will Book Volume D, page 495]
In the Name of God Amen March Second 1816 being
sick in body but of a good & perfect memory thanks be to Almighty
God calling to mind the uncertain State of this transitory life
and that all flesh must yield to Death when it shall please God
to call do make constitute ordain & declare this my last Will and
Testament in manner and form following First I Will that all my
Just debts should be paid - Item [I] give & bequeath all my
property & money unto my Brothers & Sisters to be divided either
by Sale or Valuation, my brothers to have two shares & my Sisters
one my brothers David sons to have one share with my Sisters
I will that Mother shall have her maintainance out of my Estate
if the longest liver and to live with her daughter Jane and my
servant Joe to have his freedom, and I at[?] Elisha Umsted
Executor In Witness whereof I set my hand
                   Jacob Umsted
Test
   his
    O
   mark
Thornton Mcfarling

My Brother Johns sons if he is dead to have all[?] share with my sisters if they come
here to live if not to be divided among the rest  -----

[Will Book Volume D, page 496]
                                Orange County November Term 1816
The Execution of the foregoing last Will & Testament of Jacob Umsted
deceased was duly proved in Open Court by the oath of Thornton Mcfarling
the subscribing witness thereto -- And William P. Mangum being called
on says on oath that the will & every part thereof is in the had writing
of Jacob Umsted decd. the Testator whereupon it was Ordered to be
Recorded And the Executor therein named at the same time
qualified accordingly
                               Test


Additional Comments:
Will Book Volume D, pages 495-496
Recorded Nov 1816

Estate Papers comprise 29 pages and are found in a folder labeled "Umstead, Jacob (1816)".  Testator died soon after writing the will.  Slave Joe mentioned in the will was the only slave he owned.  Testator lived as a batchelor.

[Estate Papers - Petition for Emancipation (undated)]

The exparte petition of Executor }  This case coming on to be heard
of Jacob Umpstead decd for       }  and Considered.  It is order adjudged
the emancipation of Joe          }  and Decreed by & with the assent &

at the request of the Petitioners now herein court, that the
Negro Man Joe mentioned in the Petition be and he is
hereby released & discharged from this State & Situation
as a slave of the Petition as Executor aforesaid free from
all obedience & subjection to them as a slave as
emancipated & set free With all his right &
privileges of People of Color and that the petitioners
pay the cost of this suit