ORANGE COUNTY, NC - WILLS - Jehu Whitted - 13 March 1804

File contributed for use in USGenWeb Archives by:
Kris Mayfield		orange_co@hotmail.com

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I Jehu Whitted in the town of Hillsborough in the state of North
Carolina being of sound mind and memory make and ordain this my last
will and testament in the manner following to...

First. It is my will that all my just debts and funeral expenses be paid
out of the debts due to me at the time of my decease.

2nd. I give and bequeath unto my loving wife Susanna that tract of land
adjoining William Rickeet Eli Hill and others on ....Creek being part of
the land that William Courtney Junior died siezed and ..... and part of
the number (..) in the town of Hillsborough now occupied by James Child,
three negros Dick, ...and ...together with one half of the money in hand
one half of the debts due to me, and one half of the money arising from
the sale of my household and kitchen furniture farming tools and stock 
of every kind and all the rest of my personal property whatsoever
whatsoever my negroes excepted reserving as herein after mentioned_____
It is my will that the property bequeathed to my wife remain in the
hands of my Executor for the term of two years after my decease for her
use and benefit unless she should marry before the expiration of that
time_____

3rd. To my daughter Anne I give and bequeath all the rest and residue of
my lands and houses whatsoever and six negroes to ..Jack, Hesty, Duncan,
James, Stephen and Betty together with half of the money on hand one
half of the debts due to me and half of the money arising from the sale
of my personal property above described reserving at herein after
mentioned.  It is also my will that my Executor shall within six months
after my decease sell my negroe boy Sandy and that the money arising
there from be equally divided between my wife and daughter, but if the
said negroe boy Sandy shall not sell for a sum equal to the price at
which I purchased hi then my will is that he be hired out annually for
the term of three years and then sold and that the money arising from
such hire and sale divided as aforesaid___________

4th. Should my wife have a child before my death a prove with child at
the time of my death then to such child I will and bequeath as follows
to ...one tract of land I purchased from Francis Dunn adjoining the
lands of  Theophilis Thomson Mary Doherty and others and also one half
of the lot number 9 in the town of Hillsborough and the following slaves
to wit Caesar Sandy James and Betty one third part of the money on hand
at the time of my decease and one third part of the sums arising from
the sale of my personal property above described reserving as herein
after mentioned and in case of the death of either of such child or of
my daughter Anne before they either of them arrive at the age of twenty
one years, or without being lawfully begotten then I give and bequeath
the above describe property to the survivor of them____

5th. It is my will and desire that the mulatto child Fanny child of
Hetty be emancipated and set free and it is my will and desire that my
executor do use all lawful ways and means to have the said Fanny
emancipated and set free either by general assembly or by any other
authority competent thereto and that they be allowed all necessary
expenses thereof out of my estate as herein after directed._____

6th. I give unto my father William Whitted Senior and my brother William
Whitted Junior the sum of one hundred pounds current money in trust for
the aforesaid mulatto child Fanny to be paid to her when she shall
arrive of full age that is to say twenty one years of age and in case of
her death before arriving at full age or without being lawfully begotten
then I give and bequeath the aforesaid sum to my daughter or should I
have another child at my death or my wife be with child at the time or
my decease then I give the aforesaid sum to be equally divided between
them______

7th It is my will that the aforementioned mulatto child Fanny be put to
schools for the term of six months and that the expenses thereof be
defrayed by my Executor as hereafter directed

8th It is my will that the legacy given to the mulatto child Fanny and
the expenses of procuring her schooling and emancipation and all other
expenses be .... and charges in executing this my last will & testament
shall be paid and discharged out of the money on hand at the time of my
decease the debts due to me and the sum arising from the sale of my
personal property.

9th  I do will and desire that my executor shall not on any account or
pretence whatsoever suffer the above mentioned mulatto child Fanny to be
remove out of Orange County but it is my earnest wish and desire that
she be suffered to remain with my father William Whitted Senior for the
term of nine years and that then she be set free & emancipated as above
mentioned_________

10th.  It is my will and desire that if I have no child at the time of
my decease or my wife be not with child as aforesaid or in case I should
at my death have a child or children and such child or children die
before arriving at the age of twenty one years or without being lawfully
begotten then and in that case that my mulatto slaves Duncan James
Stephen, and Betty children of Hetty be emancipated and set free in the
same manner and under the same rules as one heretofore mentioned
.....and that the expenses emancipation be defrayed and paid in the same
manner as provided for the emancipation of the said Fanny

11th  It is my will that in case I die without a child or that my wife
should not be with child at the time of my decease or in case of the
death of my daughter Anne before she arrives to full age or without
...lawfully begotten then I give and bequeath unto my brother William my
house and lot number nine in the town of Hillsborough and my negroe man
Jack ____ on either of the above mentioned contingencies happening I
also give and bequeath unto my brother Levi two tracts of land one
purchased from James Hooz and the other from Francis Dunn that part of
the money on hand debts due to me and money arising from the sale of
personal property as aforesaid given to my child or children if no such
child or children then to be equally divided between my brother William
and Levi and all the interest of my lands in the Western Country I give
to my said brothers to be equally divided between them and my negro
woman Hetty to my brother Levi_____ provided t each of them the said
William and Levi pay unto my father William Whitted Senior interest for
the use and support of Samuel Bigelow the sum of twenty five pounds and
the further sum of twenty five pounds in trust for the above mentioned
mulatto child Fanny to be paid to her when she shall arrive at full age
as aforesaid and provided further that they the said William and Levi
pay to Mary Bird Hannah Harris Elizabeth Holden and Susannah Thompson
the sum of one hundred and ten pounds each that is to say the said
William fifty five pounds to each of them within the term of two years
after my decease and in case of failure to pay the legacies aforesaid to
my father and sisters as aforesaid within the time limited then the
property willed to the said William and Levi shall be equally divided
between them the said William and Levi and my father for the purpose
aforesaid and my sisters the said Mary Bird Hannah Harris Elizabeth
Holden and Susannah Thompson share and share alike

12th I further request my Executor for the use and benefit of my child
or children to lend out unto good hands on interest all the money I may
have on hand at the time of my decease and to obtain as soon as possible
notes or bonds bearing interest for all the unsettled debts due to me
and to lend out as aforesaid all the monies which will be received for
rent of houses and lands or for negroes hire excepting so much as may be
necessary for the support of my child or children and to have the
interest regularly paid and converted into principal once a year and
also shall they immediately collect all such debts due to me which they
may think unsafe or doubtful and lend the money so collected on interest
in the manner above mentioned reserving in the hands of said executor
for the use and benefit of my wife her share of the said debts as herein
before mentioned and reserving also a sufficiency for the legacy and
charges or expenses as herein mentioned and provided for________

13th It is my will and desired that my Executor obtain as    as soon as
possible a section from my estate from my securityship for Bird's
administration and also from my securityship for my sister Mary Bird as
guardian for her children as I know that the administrators have not in
all cases acted agreeably to law as can easily be made appear in their
settlement with John Reaves and as I have ....to believe that the
guardian will trust too much in the honour of her children thinking she
can settle fairly with them after they become of age and my opinion is
they have very little honour about them and therefore if the above
mentioned parties will not immediately obtain other security and release
my estate therefrom I  enjoin it on my executor to employ a lawyer and
to compel them to save such ... as I do not which my estate to be bound
when it is no longer to take care of it.__________

Lastly I hereby nominate constitute and appoint my father William
Whitted Senior my brothers William Whitted Junior and Levi Whitted and
William Norwood executors of this my last will and testament hereby
revoking all former wills & bequests by me made In testimony whereof I
have Hereinto  set my hand & seal this thirteenth day of March one
thousand eight hundred and four._______________

signed sealed published and pronounced
by the testator to be his last will and testament
in the presence of us who in the presence 
of each other subscribe our name

Will L. Cain				Jehu Whitted {sealed}
Gavin Alvis

The Last Will and Testament of Jehu Whitted
Transcribed by Krishna Mayfield on 6/2/98 from a microfilm copy of the
original.