Orange County NcArchives Wills.....Whidbee, Benjamin March 13, 1819
************************************************
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 D, pages 558-559
Written: March 13, 1819
Recorded: May 1819
Testator: Benjamin Whidbee

In the name of God amen I Benjamin
Whidbee of the County of Orange and State
of North Carolina Being in perfect mind
and memory do ordain Constitute and appoint
this my last will and Testament in manner
and form as follows, that is to Say

First I give and bequeath unto my loving wife
Salley all the property I now possess to Injoy
to her use Except as herein after named

Second, Its my wish and desire if my wife
Salley should marry before my Son Joseph Comes
of age that a division to take place as follows
my wife to Receive her thirds as the law directs and
the ballance of my Land to be Rented out and
the profits to be divided among my Children as they
arrive at full age until the youngest Comes of age
and then the whole to be divided among my
Children as they and my Executors can agree

Third, its my wish and desire if my wife should
not marry for the whole of the property to be

[page 2]
to be[sic] kept together until my son Joseph Comes at full
age and then for him to receive a Negro and horse
and Saddle at their Valuation & to have a lot
of land layed off at its Valuation layed off
and Valued by my Executors and three freeholders
and so on with all my Children as they come
of age and at the youngest Coming of age for
a division of the whole to take place (wheather
my wife marry or not Except what she is Intitled
& as is thought most advisable I hereby Constitute
and appoint my loving wife Salley my Executrix
and my Brother in law William Holt my
Executor of this my last will and Testament

In witness whereof I have hereunto set my hand
and seal this 13th day of March 1819

Signed in presence of us

John Harden Jurat           Benjamin Whidbee
Lewis Holt
                 Exrs qualified

[Will Book Volume D, page 558]
In the name of God amen I Benjamin Whidbee of the County of
Orange & State of North Carolina being in perfect mind & memory do
ordain constitute & appoint this my last Will & testament in manner
& form as follows, that is to say, First I give & bequeath unto my
loving wife Sally all the property I now possess to enjoy to her
use except as herein after named - Second it is my wish and
desire if my wife Sally should marry before my son Joseph
comes of age [that] a division to take place as follows - My wife
to receive her thirds as the law directs and the balance of my
Land to be rented out & the profits to be divided among
my children as they arrive at full age until the youngest
comes of age & then the whole to be divided among my children
as they & my Executors can agree - Third its my wish

[Will Book Volume D, page 559]
& desire if my wife should not marry for the whole of the property
to be kept together until my son Joseph comes at full age and
then for him to receive a negro & horse & saddle at their valuation &
to have a lot of land layed off at its valuation layed off & valued
by my Executors & three freeholders & so on with all my children as they come
of age and at the youngest coming of age for a division of the whole
to take place whether my wife marry or not except what she is entitled
as is thought most advisable - I hereby constitute & appoint my loving
wife Sally my Executor[Executrix] & my brother-in-law William Holt my Executor
of this my last Will & testament. In witness whereof I have hereunto
set my hand & Seal this 13th day of March 1819

Signed in presence of us
    John Harden   Jurat         Benjamin Whidbee
    Lewis Holt

                       Orange County May Term 1819
The Execution of the foregoing last Will & Test of Benj.
Whidbee was duly proved in open Court by the oath of
John Harden a subscribing Witness thereto & ordered to be
Recorded At the same time the Executors therein named
were duly qualified
                           Test

[Estate Papes - Inventory 5 Apr 1819]

To 1 Negro man  Furtune
Do Jack Do Penny Do Gilly
1 Do Mary Do Washington
1 Do Indy Do Harriet

Additional Comments:
Will Book Volume D, pages 558-559
Recorded May 1819

Estate Papers comprise 18 pages found in a folder labeled "Whidbee, Benjamin (1819)" Legatees: Wife Sally; Children: William, Jeremiah, Lemuel, Martha Joseph and Benjamin.

At estate sale on 5 May 1821, Peter L. Ray bought 1 Negro woman Penny for $300.00 and John Holt Senr. bought 1 Negro girl Harriet 255.00