Orange County NcArchives Wills.....Webb, James November 9, 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 86-89 Written: November 9, 1852 Recorded: Feb 1855 Testator: James Webb In the name of God. Amen I James Webb of Orange County State of North Carolina. being of Sound and dis- posing mind and memory: do make and publish and de- clare this to be my last Will and testament hereby revoking all other & former Wills I have fully advanced my sons Henry, James and John and my daughters Helen and Elizabeth and they are not to receive any thing more from my Estate except as hereinafter mentioned I give and bequeath to my son James the negroe Benena my family Bible (presented to me by my nephew William P. Webb) and also my Bureau I give and bequeath to my Son Thomas the negro wo- man Betsey and her child Ellick and all her future increase to him and his heirs forever and hereby confirm to him the gift of the Slaves John & David for whom the has a bill of sale also the books, carpenters tools and the like for which he has a deed of gift I give and bequeath to my son John the negroes Sam & Marth (Sally's children) and old Phillis to him and his heirs forever and all my books not otherwise disposed of and which may be in my possession at my death. I give and bequeath to my daughter Mary, my family Bible (that contains the Apochrapha) and to my Son-in-Law Dr. Michael W. Holt Scott's Commentaries I give and bequeath to my friend Margaret J Taylor the furniture in her room for which she has a deed of gift also Davies: Sermons and Buck's work I give and bequeath to my Son-in-Law William J. Long the following Slaves Now in his possession. viz: Aaron, Wilson, Phillis Sarah and Mary to him and his heirs forever and to his children Sabra Annie Jane & Elizabeth fifty dollars each I give and bequeath to my grandchildren Annie W. Holt Sally Holt William Holt and James Webb Holt three hundred [page 2] and twenty five dollars each and if either of them should die without a child or children or without being married or without leaving a last Will and testament in writing then the legacy hereby given is to be equally divided among the survivors or survivor. I give and bequeath to my Son William fourteen hundred and fifty dollars I give and bequeath to my son Thomas Six hundred dollars Whatever may be found charged upon my books as advancements to my children or grandchildren are absolute gifts and they are not to be called upon to refund any thing but I hereby direct my Executors in the payment of the foregoing legacies to have reference to my books and first to pay those who have not yet received their equal portion of my Estate untill each shall have received the same Sum and then to pay them equally afterwords my object being to make the portion of each child equal Dr. Holts chil- -dren representing my daughter Ann & William J Long's children my daughter Mary The Balance of my estate if any is to be divided into three equal parts one for my son William one for my Son Thomas and one for my daughter Ann's children All such articles of household furniture as are not disposed of by this Will and a memorandum in my day Book I wish Margaret J Taylor to divide among My children and grandchildren, retaining such articles as she may desire for her own use or to give to the servants [the following section circled] I do hereby constitute and appointing my sons James and Thomas executors of this my last Will and Testament and each of them is to receive in full as a compensation for their services one hundred dollars & their traveling expences & when absent [page 3] from home traveling to settle up my business one Dollar per day additional --- It is my Will the none of the legacies of this my Last Will & testament shall bear interest [end of circled section] The foregoing I publish and declare to be my last Will & testament. In testimony whereof I have hereunto set my hand and affixed my seal this 9th day of November AD 1852 Signed, sealed, published } and declared in our presence } his and in the presence of each } James (X) Webb (Seal) other and of the testator and } mark at this request we have subscribed} our names as Witnesses } John Kirkland Jrat } Henry K. Nash Codocil to the Will of James Webb bearing date 9th Nov 1852 I publish this writing as a codicil to my will I James Webb do hereby revoke that clause in my Will with black lines around it & two lines across it appointing my Sons James Webb & Thomas Webb my executors & in their place & in their stead I hereby by this Codicil appoint by[my] Son John H. Webb my Sole executor In testimony whereof I have hereunto set my hand & seal this 5th day of October AD 1854 his James (X) Webb (seal) mark Signed sealed published & declared by the said James Webb to be a codicil or a part of his last Will & testament in the presence of the subscribing Witnesses who at his request & in his presence do subscribe our names Ed. Strudwick F. N. Strudwick Jurat [page 4] Codicil to the Will of James Webb I James Webb by this my writing, which I do hereby declare to be a codicil to my last will and testament made & executed the 9th day of November 1852 & to be taken and construed as a part thereof, give and bequeath to my grandson John Webb Long fifty Dollars and if he should die before he is Six years old it is my Will that the same shall descend to my son John H Webb In testimony whereof I have hereunto set my hand and seal this 4th day of February A.D. 1854 Signed sealed published and declared } by the said James Webb to be a codicil } his or a part of his last Will and testement } James (X) Webb(seal) in the presence of us who at his } mark request & in his presence do } subscribe our names as Witnesses } John Kirkland Jurat O. F. Long [Will Book Volume G, page 86] In the name of God Amen I James Webb of Orange County State of North Carolina being of Sound and dis- =posing mind and memory do make and publish and declare this to be my last will and testament hereby revoking all other & former wills I have fully advanced my Sons Henry, James and John and my Daughters Helen and Elizabeth and they are not to receive any thing more from my Estate except as hereinafter mentioned I give and bequeath to my son James the negro Benina my family Bible (presented to me by my nephew William P. Webb) and also my Beaureau I give and bequeath to my Son Thomas the Negro Woman Betsey and her child Ellick and all her future increase to him and his heirs forever and hereby confirm to him the gift of the Slaves John & David for whom the has a bill of sale also the books Carpinters tools and the like for which he has a deed of Gift I give and bequeath to my son John the negroes Sam & Marth[sic] (Sallys children) and old Phillis to him and his heirs forever and all my books not otherwise disposed of and which may be in my possession at my death I give and bequeath to my daughter Mary my family Bible (that contains the Apochrapha) and to my Son in Law. Dr. Michael M Holt Scott's Commentaries I give and bequeath to my friend Margaret J Taylor the furniture in her room for which she has a deed of gift also Davies Sermons and Bucks Work I give and bequeath to my Son in Law William J Long the following Slaves now in his possession viz Aron Wilson, Phillis Sarah and Mary to him and his heirs forever and to his Children Sabra Annie Jane & Elizabeth fifty dollars each I give and bequeath to my Grand Children Annie W. Holt Sally Holt William Holt and James Webb Holt three Hundred and twenty five dollars each and if either of them should die without [Will Book Volume G, page 87] a child or children or without being married or without leaving a list[last] Will and testament in writing then the legacy hereby given is to be equally divided among the survivers or surviver I give and bequeath to my Son William fourteen hundred and fifty dollars I give and bequeath to my son Thomas Six hundred dollars Whatever may be found charged upon my books as advancements to my children or grand children are absolute gifts and they are not to be called upon to refund any thing but I hereby direct my Executors in the payment of the foregoing legacies to have reference to my books and first to pay those who have not yet received their equal portion of my Estate untill each shall have received the same sum and then to pay them equally afterwords my object being to make the portion of each child equal Dr. Holts children representing my daughter Ann & William J. Longs children my daughter Mary The balance of my Estate if any is to be divided into three equal parts one for my Son William one for my son Thomas and one for my daughter Anns Children All such articles of household furniture as are not disposed of by this Will and a memorandum in my day Book I wish Margaret J Taylor to divide among my children and grand children, retaining such articles as she may desire for her own use or to give to the servants [the following section circled] I do hereby constitute and appoint my Sons James and Thomas Executors of this my last Will and Testament and each of them is to receive in full as a compensation for their services one hundred dollars and their travelling expenses & when absent from home travelling to settle up my business one dollar pr Day additional [end of circled section] It is my will the none of the legacies of this my last will & Testament shall bear interest The foregoing I publish and declare to be my last will & testament. In Testimony whereof I have [Will Book Volume G, page 88] hereunto set my hand and affixed my seal this 9th day of November AD 1852 Signed sealed published } and declared in our presence } his and in the presence of each } James (X) Webb (Seal) other and of the testator and } mark at this request we have subscribed} our names as Witnesses } John U Kirkland Henry K. Nash Codicil to the Will of James Webb bearing date 9th Novr. 1852 I publish this writing as a codicil to my will I James Webb do hereby revoke that clause in my will with black lines around it & two lines across it appointing my Sons James Webb & Thomas Webb my Executors & within[in their] place & within [in their] Stead I hereby by this codicil appoint my Son John H. Webb my Sole executor In testimony whereof I have hereunto set my hand & Seal this 5th day of October AD 1854 Signed sealed published & declared by the said James Webb to be a codicil his or a part of his last will & testament James (X) Webb (seal) in the presence of the subscribing witnesses mark who at his request & in his presence do subscribe our names Ed Strudwick F N Strudwick Codicil to the Will of James Webb I James Webb by this my writing, which I do hereby declare to be a codicil to my last will and testament made & executed the 9th day of November 1852 & to be taken and construed as a part thereof - give and bequeath to my Grand son John Webb Long fifty dollars and if he should die before he is Six years old it is my will that the same shall descend to my son John H Webb In testimony whereof I have hereunto set my [Will Book Volume G, page 89] hand and seal this 4th day of February AD 1854 Signed sealed published and declared } by the said James Webb to be a codicil } his or a part of his last will and testament } James (X) Webb(seal) in the presence of us who at his } mark request & in his presence do subscribe } our names as Witnesses } John Kirkland O. F. Long Orange County Court February Term 1855 The Execution of the foregoing last will & Testament and Codicils annexed thereto of James Webb deceased was proved in open Court by the oaths of John U. Kirkland of F N Strudwick two of the subscribing witnesses thereto and ordered to be recorded and file as such Whereupon John H. Webb the Executor therein named appear in Open Court and qualified by taking the oath prescribed by Law Test Geo Laws CCC Additional Comments: Will Book Volume G, pages 86-89 Recorded Feb 1855 Estate Papers comprise three pages and are found in a folder labeled "Webb, James (1855)" [Estate Papers - Inventory 28 Aug 1855] The following is a list of Property Notes & Accounts which have come into the hands of John H. Webb Executor of James Webb Aug 18/55 Property Benina a Slave Betsey a Slave Alex a Slave } John a Slave } Children of Betsey