Orange County NcArchives Wills.....Walker, James May 20, 1852 ************************************************ 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 115-118 Written: May 20, 1852 Recorded: Nov 1855 Testator: James Walker In the name of God amen. I James Walker of the County of Orange & State of North Carolina being of sound and disposing mind and memory (blessed be God) do this the 20th day of May one thous =and eight hundred and Fifty Two make and publish this my last will and Testament Hereby revoking and makeing Void all other wills previously made by me the said Jas. Walker in the manner follow =ing Viz. Whereas I have made (provides[prior] to this time) certain advancements to all my children except to my son William Walker. Now be it remembered as it is my desire and will that each one of my Children shall share and shear[sic] alike of my estate equally, I have thought propper to Cess[assess] and value each and every advancement myself which agreeable to my best Judgement is as follows. That is to say I have given and advanced to my son in law William Philpot to the amount of nine hundred seventy nine dollars and fifty cents and also I have advanced to my son Jesse Walker Hundred & seventy seven dollars, Also I have advanced to son Thomas Walker nine Hundred and sixty ["and" x-out] two dollars. Also I have advanced to [my] son Jeremiah Walker Six hundred and eighty seven dollars. Also I have advanced to my son in Law Robert Hall Jur. Eight Hundred Twelve dollars and fifty cents. Also I have advanced to my son in law John Green Nine Hundred forty Eight dollars and fifty cents. Also I have advanced to my son in Law Samuel Cole nine hundred Twenty dollars and fifty cents. Also I have advanced to to[sic] my son in law William L. Hampton Eight Hundred four doll =ars and Twenty five cents Also I have advanced to my son James R. Walker nine Hundred and Ninety Five [page 2] dollars. Also I have advanced to [my] son in Law Wesley H. Roberts one thousand seventeen dollars and fifty cents. Also I have advanced to my son in Law Zachariah H. Lyon Nine Hundred and Ten dollars. Also I have advanced to my daughter Sarah Walker one Thou =sand dollars. Now be it remembered that it is my will and desire that my son William Walker after my death shall have as much as either one of the rest of my Childrin in money, out of my estate. Which money I wish to be lawfully placed into the hands of his Guardian to be kept & used to the benefit of him the said William. It is further my will and wish that soon after my death that my Executor or Executors sell to the highest bidder at publick sale or sales, all the property that I may die seized and possessed of, Negroes and Lands together with all the other property, on a credit of one and two years. And that the said executor or executors take in hand the moneys bonds notes and accts. belonging to me and proceed to collect all the monies due me that said Jas. Walker. And to pay off and satisfy all just claims against me that is lawfuly authenticated. And all the monies then remaining of my estate is to be lawfully payed over to my heirs or their lawful agents, in that way and maner so that those who have here =tofore received most shall then receive less, and those who have heretofore recd. less shall then receive the more so as that each one of my thirteen lawful heirs shall all share and share alike equally of my estate. And I hereby nominate and appoint John Lockhart and Bedford Vaughan as suitable persons to select a guardian for my son William Walker, as I deem him incompitant of acting and transacting business for himself. [page 3] Item I hereby constitute and appoint John Lockhart and Bedford Vaughan both of the County [of] Orange my executors to this my last will and Testament provided they enter into bond with good security for the purformance of their duty as executors to be approved by the County Court of Orange County. In testimony whereof I the said James Walker do hereunto set my hand and affix my seal. This the day and date above written. Signed sealed published Jas Walker (seal) and declared by the said James Walker the testator as his last will and testament in the presents of us who were present at the time of signing and sealing thereof. Elisha Umsted Marcus Harris I James Walker of the County & State aforesd. in my Will desire to make a change in the foregoing my said Will which I signed sealed & published on the 20th day of May, in the year of our Lord 1852; I therefore append that change in the nature of a codicil, which I desire to be taken as part & parcel of my foregoing Will except so far as this codicil shall modify or change said Will; and such modifications in this codicil & said Will subject to them, I desire to stand as my last Will & Testament I desire further to advance my daughter Sally in consideration of my love & affection for her and her exemplary & incessant kindness and attention to me under the growing infirmities of increasing age. I therefore devise & bequeath to said Sally Walker (my daughter) her heirs & assigns forever Two hundred (200) acres of land to be laid off from my home tract upon which I live, not including any part of [page 4] of[sic] the Caliborne Parrish tract as usually called - said 200 acres of land to be laid off by my Executors named in said Will whose appointment I hereby confirm or in case of the death of either of them, then by the survivor or in case of the death of both or refusal to act as such, then by commissioners to be appointed by the Court of Pleas & quarter sessions for said County & State - And my desire is, to have the land so laid off by a line running from Flat River, or the southern portion of my land a course northerly so as to include my dwel- -ling house & out houses & my using spring to the east of the house; & that the part lying westward of said line including the dwelling house, out houses & spring I hereby devise & bequeath to my daughter Sally for a home, & to her heirs & assigns forever. - It is also my Will that all my lands not hereby & herein devised to my daughter Sally, be sold as directed in my foregoing Will; & that the proceeds of that & all my other property & out of the same, I desire my Executors to pay to to[sic] my daughter Sally six hundred ($600) dollars - & that the residue of my estate be equally divided among all my legatees, according to the directions contained in my sd. Will always having reference to the ad- -vancements heretofore made to them respectively. My intention is by this my codicil is to give my daughter Sally the two hundred acres of land and the six hundred dollars over & above what I give to any of my children & I am moved to do this by a sense of justice to myself as well as to her, for her long, dutiful & affectionate filial services to me in my decli- -ning years. Witness my hand & seal this 19th of Dec A.D. 1853 Signed sealed & published Jas. Walker (seal) in our presence & we wit ness in presence of the testator Willis P. Mangum Martha P. Mangum Charity A. Mangum [Will Book Volume G, page 115] In the name of God Amen I James Walker of the County of Orange & State of North Carolina being of sound and disposing mind and memory (blessed be God) do this the 20th day of May one thousand eight hundred and Fifty Two make and publish this my last will and testament hereby revoking and makeing Void all other wills previously made by me the said Jas Walker in the manner following (viz)whereas I have made (provides[prior] to this time) certain advancements to all my children except to my son William Walker Now be it remembered as it is my desire and will that each one of my children shall share and shear[sic] alike of my estate equally I have thought proper to Cess[assess] and value each and every advancement myself which agreeable to my best Judgement is as follows that is to say I have given and advanced to my son in Law William Philpot to the amount of nine hundred ["and" x-out] Seventy Nine dollars and fifty cents and also I have advanced to my son Jesse Walker Hundred & Seventy seven dollars, Also I have advanced to son Thomas Walker Nine Hundred and Sixty two dollars. also I have advanced to [my] son Jeremiah Walker Six Hundred and Eighty Seven dollars also I have advanced to my son in Law Robert Hall Jur. Eight Hundred & Twelve dollars and fifty cents also I have advanced to my son in Law John Green Nine Hundred forty Eight dollars and fifty cents also I have advanced to my son in Law Samuel Cole Nine Hundred Twenty dollars and fifty cents also I have advanced to to[sic] my son in Law William L. Hampton Eight Hundred four dollars and Twenty five cents als[o] I I[sic] have advanced to my son James R. Walker Nine Hundred and Ninety Five dollars also I have advanced to [my] son in Law Wesley H. Roberts One Thousand Seventeen dollars and fifty cents also I have advanced to my son in Law Zachariah H. Lyon Nine Hundred and Ten dollars also I have advanced to my daughter Sarah Walker one Thousand dollars Now be it remembered that it is my will and desire that my son William Walker after my death shall have as much [Will Book Volume G, page 116] as either one of the rest of my childrdn in money out of my estate which money I wish to be lawfully placed into the hands of his Guardian to be kept & used to the benefit of him the said William It is further my will and wish that soon after my death that my Executor or Executors sell to the highest bidder at publick sale or sales all the property that I may die seized [and] possessed of Negroes and Lands together with all the other property on a credit of One and Two years And that the said Executor or Executors take in hand the money bonds notes and accts belonging to me and proceed to collect all the monies due me that said Jas. Walker. And to pay off and satisfy all Just claims against me that is lawfuly authenticated And all the monies then remaining of my estate is to be lawfully paid over to my heirs or their lawful agents in that way and manner so that those who have heretofore received most shall then receive less and those who have heretofore recd. less shall then receive the more so as that each one of my thirteen lawful heirs shall all share and share alike equally of my estate. And I hereby nominate and appoint John Lockhart and Bedford Vaughan as suitable persons to select a guardian for my son William Walker as I deem him incompe -tant of acting and transacting business for himself. Item I hereby constitute and appoint John Lockhart and Bedford Vaughan both of the County of Orange my Executors to this my last will and Testament provided they enter into bond with good security for the performance of their duty as Executors to be approved by the County Court of Orange County In testimony whereof I the said James Walker do hereunto set my hand and affix my seal this the day and date above written. Signed sealed published and Jas Walker (seal) declared by the said James Walker the testator as his last will and testament in the presents of us who were present at the time of signing and sealing thereof. Elisha Umstead Marcus Harris [Will Book Volume G, page 117] I James Walker of the County & State aforesd. in my will desire to make a change in the foregoing my said will which I signed sealed & published on the 20th day of May, in the year of our Lord 1852 I therefore append that change in the nature of a codicil, which I desire to be taken as part & parcel of my foregoing will except so far as this codicil shall modify or change said Will; and such modification[s] in this codicil & said Will subject to them I desire to stand as my last will & testament I desire further to advance my daughter Sally in consideration of my love and affection for her and her exemplary & incessant kindness and attention to me under the growing infirmities of increasing age. I therefore devise & bequeath to said Sally Walker (my daughter) her heirs and assigns forever Two hundred (200) acres of Land to be laid off from my home tract upon which I live not including any part of the Caliborne Parrish tract as usually called said 200 acres of land to be laid off by my Executors named in said will whose appoint -ment I hereby confirm or in case of the death of either of them then by the survivor or in case of the death of both or refusal to act as such then by commissioners to be appointed by the Court of Pleas & quarter Sessions for said County & State and my desire is to have the land so laid off by a line running from flat River, or the southern portion of my Land a course northerly so as to include my dwelling home[house] & out houses & my useing spring to the east of the house & that the part lying westward of said line including the dwelling house out houses & spring I hereby devise & bequeath to my daughter Sally for a home, & to her heirs & assigns forever. It is also my Will that all my lands not hereby & herein devised to my daughter Sally, be sold as directed in my foregoing will & that the proceeds of that & all my other property & out of the same I desire my Executors to pay to my daughter Sally Six hundred ($600) dollars & that the residue of my Estate be equally divided among all my legatees, according to the directions contained in my said will always having reference to the advancement[s] heretofore made to them respectively my intention is by this my codicil is to give my daughter Sally the two hundred acres of Land [Will Book Volume G, page 118] and the Six hundred dollars over & above what I give to any of my children & I am moved to do this by a sense of justice to my self as well as to her for her long dutiful & affectionate filial services to me in my declining years. Witness my hand & Seal this 19th of Dec AD 1853 Signed sealed & published in our presence & we witness in Jas. Walker (seal) presence of the testator Willie P. Mangum Martha P. Mangum Charity A. Mangum Orange County Court November Term 1855 The foregoing last will and Testament together with the codicil thereto annexed of James Walker decd. was down to this court by a procedendo from Orange Superior Court and was ordered by this court to be recorded and filed at the same time John Lockhart & Bedford Vaughan the Executors therein named appeared in open Court and qualified by taking the oath prescribed by Law Test Additional Comments: Will Book Volume G, pages 115-118 Recorded Nov 1855 Estate Papers comprise 174 pages and are found in folder labeled "Walker, James (1854)". Thomas Walker was appointed guardian over William Walker, "a person of unsound mind". They lived in Gibson County, Tennessee. Legatees William Philpot & wife (Elizabeth) Jesse Walker Thomas Walker Jerremiah Walker Robert Hall, Jr & wife (Patsey / Martha) John Green & wife (Rebecca) Samuel Cole & wife (Olive) Welborn S Hampton & wife (Polly) James R Walker Wesley Roberts & wife Zachariah Lyon & wife (Nancy) Sally Walker Also mentioned Ambrose Whitson and wife (Caroline) [Estate Papers - Slave Sale 11 Decr 1853] The following List of Property Belonging To James Walker Decd Sold 11th Day of Decr 1853 By John Lockhart & B Vaughn Exr On A Credit of one and two years 1 Woman Jinny $ 49.50 Wm R. Gooch Old Man Matthew 256.00 Dennis Vaughan Woman Esther 165.00 Zach Lyon Man John 606.00 R. F. Webb Woman Lucretia 471.00 F. Garrard Boy Ben 1180.00 Saml Cole Boy Henry 775.00 Herbt Sims Boy Silas 1239.00 L. Smith Woman Caroline 940.00 Sol. Cole Boy Dudley 949.00 Do Do Girl Lively 500.00 E. Philpot Woman Fanny 1156.00 Thos. B. Lyon 141 Acres of Land for $5.45 pr acre 768.00 =============== $9055.30 [Estate Papers - Estate Sale 25 Jan 1855] A List of the property belon[g]ing to the Estate of Jas. Walker Decd. as sold by his Executors, John Lock, -hart & Bedford Vaughan, Jan 25th 1855 [sundry articles omitted] One Negro Woman Margaret & Child Jesse V. Roberts 1100.00 1 " Adaline Henry C. Swaney 970.00 1 " Amy & Child John J. Rogers 1030.00 1 " Girl, Rebeca Ann Zachariah J. Lyon 800.00 1 " Boy Nelson John C. Swaney 726.00 1 " " Wm. Goodman Sally Walker 595.00 1 " Man Daniel Nat. M. Carrington 500.00 1 " Woman Ester Do Do 112.00 1 " Girl Jane Jeremiah Ashley 335.00 1 " Boy Stockard William Walker 40.00