ORANGE COUNTY, NC - WILLS - Levi Whitted - 10 June 1845 File contributed for use in USGenWeb Archives by: Kris Mayfield orange_co@hotmail.com ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ I Levi Whitted of the County of Orange, being of sound mind and disposing memory do make and publish my last will and testament revoking all former wills made by me. Item 1.To my son Henry Whitted & his heirs & executors I give & devise the following property, ..... The Lyth or .... tract of land containing about 260 acres adjoining William Cain ... Millers heirs, John Berry, & others, also my tract of Land on Stagg's Creek on which my son Robert now lives containing about 460 acres adjoining Bradford Lynch Morrow and others. Also the following negroes Isaac Mary Ann, Richard, James Rebecca Louisa, Ernestine, Isaac son of Isaac, Mariah, Sally, Austin, Anderson, Wilson Martin Julia Caesar Mary Jane, James, , Harriet - ...... & Martha her two children, Chadwell & William. Peter , Samuel Henderson, Lucy, Rebecca, & her children Mariah Mary Jane Stephen Rosanna & her child Betsy together with their present and future increases __ I also give him four horses four oxen the new wagon the ox wagon all the farming tools one bed of furniture one desk and leaf of table also the clock and the forth part of the sale of the residue of the property. Item 2. To my son William Whitted I give seven hundred dollars which in addition to what I have already done for him gives him a full share of my estate, and this seven hundred dollars is to be paid to him by my son Henry Whitted to whom I have given two negroes which I had inteneded to give to William, but I cannot do so without separating families & I therefore charge the seven hundred dollars on what I have given my son Henry. Item 3. My son Robert's habits are such that I cannot safely place property in his possession & I am informed that I cannot will it to a master for his benefit without danger of its' being .squandered __ And having full confidence in my son Henry I have no doubt he will under all circumstances do for his brother what affection for him and duty to me will require at his hands and I enjoin it upon my son Henry and his children in consideration of the very liberal provisions which I have made for Henry that he will never allow his brother to want the necessaries of life, but - will provide for him in such manner as he may deem best. Item 4. I also give to my son Henry all the horses cattle and other stock on the Stagg Creek plantation with all the grain provision growing crops farming tools & I also give to him the use of the plantation where I live & all the hands for one year after my death and to the provisions on hand & the growing crops__ And whereas my said son Henry has for many years had the entire management of my affairs I do hereby declare that I have no claims against him for anything he may have made out of the property and that he shall render no account to any estate or other children on account of his possession and management of my property & business. Item 4. In addition to advancements made to my daughter Sarah I give and bequeath to her the following negroes Lisa Daniel Elsy Cornelia and Ester and all their future increase- Item 5. In addition to what I have already done for my daughter Martha Richmond I give & decree to my son Henry Whitted the plantation on which I now live with all its improvements, containing about 240 acres and also the following negroes Amos & Fanny Nash Stanford Alvis Lelia and child Amos, Sam David, Joseph Giles and John, to have and to hold the said land and negroes with all their future increases to my son Henry his heirs & executors in trust for the sole and separate use of my said daughter and her four children Sarah Allen John .........Martha Richmond & not be subject to the control of her husband or liable for his debts and contracts; the said property with its increase to be for the maintanence use & support of my said daughter & the above named children as I have provided until John Allen arrives at full age then he & his sister are to have two fifths parts of it and the remainder is to be for my said daughter & her other two children until the youngest of them comes to full age & then they are to have two fifths parts of it, and the remaining fifth part for the sole and separate use of my said daughter ___ And it is my intention that my son Henry may manage this property in any manner he may think best & to her full paid or to sell it or any part of it and convert the property into other property or keep it out at interest for the same property. Item 6. I give to my grandson Levi son of Henry a young horse now about four years old. Item 7. I give to my daughter in law Anna Whitted the old horse Darby. Item 8. To my friend Thomas W. Holden I give the best cow & calf. Item 9. All the residue of my property and effects not disposed of by this will, I direct to be sold on a credit of nine months ___ and the proceeds to be equally divided between William Whitted, Henry Whitted, Martha Richmond and Sarah Paid. It is also my will that the receipt of my daughter Martha Richmond shall be at all time a good voucher for herself & children under this will unless the children have a guardian in any settlement with my son Henry. Item 10. I hereby appoint my son Henry Whitted the executor of this my last will and testament in witness whereof I haveunto set my hand and seal this the 10th day of June 1845. Signed sealed published & Levi Whitted {seal} declared in the presence of James Webb ... Norwood The Last Will and Testament of Levi Whitted Transcribed from a copy of a microfilm of the original by Krishna Mayfield on 6/2/98. Original document is located in the Clerk of Courts office in the will books located in the lobby of the annex on Churton Street in Hillsborough, North Carolina.