Orange County NcArchives Wills.....Walker, Robert February 6, 1826
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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 E, pages 107-109
Written: February 6, 1826
Recorded: May 1827
Testator: Robert Walker

In the name of God! Amen I Robert
Walker of Orange County North Carolina
do make and ordain this Instrument to be
my last Will and Testament - Viz

        In the 1st place - I direct my Ex-
ecutors to pay all debts that I may justly
owe at the time of my death

2.- I give to my wife Eleanor during her
life, One hundred acres of Land lying on
the East Side of the Black Jack branch
to be laid out, in such manner as to in-
clude the dwelling-house out houses, barns
orchards &c. one Negro Girl named Cyn-
thia - all the household and kitchen fur-
niture - two work horses - two pair of Gears
two ploughs - two hoes - two axes, four head
of Milch Cows - and all the field hogs

3.- I direct that the property hereby
devised to my wife for life, be sold by
my Executors -(the Land excepted) after
her death, and the money arising from such
sale, to be equally divided among my Chil
dren living at the time of her death, except
my daughter Elizabeth Patterson whom I
expressly exclude from any part thereof.

4th I give and devise to my sons John
and William Walker, the Land lying on
the west side of the "Black Jack" branch
to be equally divided between them - but
from this devise so much land to be taken
as will, with the Land on the south side of
Little River, at Richie's ford, make up
twenty acres - these twenty acres, to be

[page 2]
made up in the manner before mentioned
I give and devise to my sons John, William,
Robert and Philip as tenants in common
for the erection thereon of a Water Grist
Mill, for the use of my said sons jointly
and their joint heirs ---

5 --- I give and devise to my Sons Ro-
bert and Phillip, all the land on the
east side of the "Black Jack" branch
remaining, after taking out the part
devised to my Wife for life - to be equal
ly divided between them -

6.-- I give and devise to my Son Geo:
W. Walker, the land and appurtenances
devised to my Wife for life, after her
death.-- I direct likewise that in case
my said Son should die before his arri-
val at full age -- that the Land devis-
ed to him be equally divided among
my other four Sons, or the survivors
of them.--- Should my son George ar[r]ive
of age in his Mother's life time, I di-
rect that he have the use of such part
of the plantation as she can conveniently
spare him --- Should my Wife die, be-
fore My Son George comes of age, I dir-
ect that my daughter Sally have the
use of the Land devised to George, untill
he comes of age.

7 - I give and devise to my daughters
Sally Polly and Peggy Jane, three hun-
dred acres of Land on the Waters of Flat
river - to be equally divided between them.

8 - I give and devise to my daughter Sally
one bed and furniture - a stand of drawers

[page 3]
and the sum of Fifty Dollars in money, exclu-
sive of her share of my estate after her mo-
ther's death as herein after directed

9 --- I give and devise to each of my chil-
dren when of full age, (my Son John, and
my daughter Elizabeth Patterson excepted)
one horse - saddle and bridle of the value
of fifty Dollars ---

10 - I give and devise to my Grand-daugh-
ter Elizabeth Walker the sum of fifteen
Dollars -- to be paid at the discretion of
my Executors, or on her coming of age --

11 - I give and devise to my Son John the
sum of Fifty Dollars, in trust for the
sole and separate benefit of my daugh-
ter Elizabeth Patterson and her children
to be laid out by him in such manner
and applied by him in such a way as he
may think best for her and them

12 - I give and devise to the Revd. Wm. M. Green
in trust for the benefit of the Protestant
Episcopal Church in this State, the sum
of Twenty-five Dollars

13.-- After taking out a year's sup-
port for my Wife and family, I direct
that the balance of my personal property
not herein otherwise disposed of, be sold
and the money arising therefrom, be ap-
plied to the payments of debts and le-
gacies, and the residue to be equally
divided among and between my wife &
children, except Elizabeth Patterson
for whom I intend no other provision
than what is contained in the divise[sic] to my
son John in trust for her benefit ----

[page 4]
        I appoint my sons John and William
as Executors of this my Last Will & Testament

        In testimony of all which
I have hereunto set my hand & seal this 6th
day of February AD 1826
                                   his
Signed, Sealed &            Robert (+) Walker (Seal)
published in presence              mark
of

Wm B Jameson  }
Ezekiel Laws  } Jurant
                        John Walker qualifd. as Exr

[Will Book Volume E, page 107]
In the name of God Amen! I Robert Walker of
Orange County North Carolina do make and ordain
this Instrument to be my last Will and Testament Viz.

    In the 1st place - I direct my Executors to pay all
Debts that I may justly owe at the time of my death 2 - I
give to my wife Ellenor during her life, One hundred acres of
Land lying on the East Side of the Black Jack branch to be
laid out in Such manner as to include the dwelling-house
out houses, barn's orchards &c, one Negro Girl named Cynthia
all the house-hold & kitchen furniture, two work horses -
two pair of Gear, two ploughs, two hoas[hoes], two axes, four head
of Milch Cows - and all the field hogs - 3.- I direct that
the property hereby devised to my wife for life be sold by my Executors
(the Land excepted) after her death, and the money arising from such
sale, to be equally divided among my children living at the time

[Will Book Volume E, page 108]
of her Death, except my daughter Elizabeth Patterson whom
I expressly exclude from any part thereof - 4th I give and divise[sic]
to my sons John & William Walker, the land lying on the west side
of the "Black Jack" Branch to be equally divided between them - but
from this divise, So much land to be taken, as will, with the land
on the South Side of Little River at Richie's ford make up twenty
acres - these twenty acres, to be made up in the manner before
mentioned I give and devise to my Sons John, William, Robert and
Philip as tenants in common for the erection thereon of a Water Grist
Mill, for the use of my said sons jointly and their joint heirs --
5 --- I give and devise to my Sons Robert and Phillip, all the
lands on the ["west" x-out] east side of the "Black Jack" branch remaining
after taking out the part divised to my wife for life, to be
equally divided between them - 6.-- I give and divise to my Son
George W. Walker the land and appurtenances divised to my
wife for life, after her death -- I direct likewise in case that my
said Son should die before his arrival at full age - that the
land divised to him be equally divided among my other
four Sons, or the survivors of them -- Should my son George arrive
of age in his Mother's life time, I direct that he have the use
of such part of the plantation as she can conveniently spare him
--- Should my Wife die before my Son George comes of age, I direct
that my daughter Sally have the use of the Land divised to
George, until he comes of age.- 7 - I give and divise to my
daughters Sally, Polly and Peggy Jane three hundred acres
of Land on the Waters of Flat river to be equally divided between
them - 8 - I give and devise to my daughter Sally one bed and
furniture & stand of Drawers & the Sum of fifty Dollars in money
exclusive of her share of my Estate after her mothers death as
herein after directed -- 9 -- I give and divise to each of my
children when of full age, (my Son John, and my daughter
Elizabeth Patterson excepted) a horse, saddle and bride[sic] of the value of
fifty Dollars - 10 - I give and divise to my Grand-daughter
Elizabeth Walker the sum of fifteen Dollars to be paid at the

[Will Book Volume E, page 109]
discretion of my Executors [or] on her coming of age -- 11 - I give and devise to my
Son John the sum of fifty Dollars in trust for the Sole and Separate benefit
of my daughter Elizabeth Patterson and her children to be laid out by
him in such manner & applied by him in such a way as he may think best
for her and them -- 12 - I give and devise to the Revd. Wm. M. Green
in trust for the benefit of the Protestant Episcopal Church in this
State, the sum of twenty five Dollars --

13.-- After taking out a year's support for my wife & family I desire[direct]
that the balance of my personal property not herein otherwise disposed
of, be sold and the money arising therefrom, be applied to the payment
of Debts and legacies, and the residue to be equally divided among
& between my wife & children, except Elizabeth Patterson for whom
I intend no other provision than what is intended[contained] in the divise[sic]
to my son John in trust for her benefit -- I appoint my Sons
John & William [as] Executors of this my Last Will & Testament -- In testimony
[of] all which I have hereunto set my hand & seal this 6th day
of February AD 1826                        his
Signed, Sealed & published          Robert (X) Walker (Seal)
in presence of                            mark
Wm B Jameson
Ezekiel Laws

                  Orange County May Term 1827 ~~
The Execution of the foregoing Last Will & Testament of
Robert Walker decd was duly proved in open Court by the
oaths of William B Jameson & Ezekiel Lawes subscribing
Witnesses thereto & ordered to be recorded - At the same
time John Walker qualified as Executor
                     Test

Additional Comments:
Will Book Volume E, pages 107-109
Recorded May 1827

The handwriting of the loose will is difficult to decipher.  Will book copy was used to ensure accuracy.  There were a few minor differences between the two versions.

Estate Papers comprise 15 pages and is found in a folder labeled "Walker, Robert (1826)".  Testator "departed this life April 4th 1826 leaving surviving him [Eleanor his widow], and John, William, Robert, Philip, George, Sarah, Polly & Peggy, his children & heirs at law".  Includes documents for allotment of dower, inventory and estate sale.

Estate sale conducted 20 Oct 1836, shows that William Nelson purchased 1 Negro Woman (Cintha) for $600