ORANGE COUNTY, NC - WILLS - William Whitted - 7 January 1821

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Kris Mayfield		orange_co@hotmail.com

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I William Whitted late of the town of Hillsborough the state of North
Carolina being of sound mind & perfect memory do this 7th day of January
A.D. 1821 make & publish the following my last will & testament that is
to say

1st I give and bequeath to my wife Mary Whitted to hold use for the the
term of her natural life the section of the Lot No. 25 in the town of
Hillsborough wherupon I now live West of a line beginning .. & a point
on King Street equally distant from my ... said street formerly called
"the Blue House"....................................................
.......................................... all the buildings houses &
improvements therein_____

The following property I give & bequeath to said Mary Whitted my wife
absolutely & forever to such my negro man Will my negro...... & her
infant hereafter to be born together with her.....daughter Julia & her
increase, her daughter Mary & her increase her daughter Harriet and her
increase & her son Daniel & my old negro woman....the whole of my
household & kitchen furniture excepting my ....what I shall herin after
dispose of.  __ my carriage,  carriage, .... two carriage horses __  my
waggon & waggon  _ Forty shares of the capital stock belonging to me in
the State Bank of North Carolina & ......... forty shares belonging to
me of capital stock in the Bank of Cape Fear____  the money coming to me
for the sale of a land ... but for 332 acres & my half of the money
arising from the sale .... another land warrant for 70 ... acres both of
which said land  warranty ..... are in the hands of John C. ......of the
Town of .... Nashville in the state of Tennessee with instructions to
sell them ....has probably sold them before this time.  The other half
of ...money arising from the sale of aforesaid warranty for 70 acres
belongs to my brother Levi Whitted &  if my executor shall draw tthat
whole of the money therfore there will pay him his money therereof____
My large family bible my set of Newtons works my stock of cattle & all
the provision  & ....... that shall be on hand at the time of my
decease.  In addition to the bequeast I have already made & further I
bequeath to my said wife Mary the sum of two hundred dollars to be paid
her immediately out of any monies on hand & should that not be enough
money on hand for that purpose my executor will raise .... pay to her
the said sum of two hundred dollars as soon after my death as possible.

To my said wife Mary Whitted I give & bequeath for the  term of her
natural life the lot No. 9 in the town of Hillsborough with ... houses
buildings & improvements therin which said lot may ...... will to me by
my brother Jehu Whitted died,  which said lot was the .....of the death
of his daughter Anne.  Although perhaps made to reason by claim & under
that will of my said brother Jehu Whitted.  If .. so & should this last
mentioned Lot No. 9 be ...from my wife Mary by such or......at law or
equity will is that all the cost thereof & the judgment or judgment &
decree or decrees as the case may be that may be obtained against her on
account of said Lot....equally ....my children my grandchildren..that is
....by my wife one fourth by my son William.......daughter Eliza J.
Whitted & one................................

3rd to my son William Henry Whitted I give & bequeath that section of
lot No. 25 wherein I now live East of the aforesaid line beginning on
King Street at the ....aforesaid and running thence
North.........Young's line, as aforesaid together with all the houses
buildings improvements thereon to him & his heirs also my mulatto boy
Jack, my negro woman Haldy & her increase hereafter & her ....Sam and
fifty shares of the capital stock belonging to me in the Bank of Newbern
my clock one bed, bedstead &  bed furniture to hold the same absolutely
& forever.

4th to my duaghter Eliza J. Whitted I give & bequeath the remainder
estate in the Western section of the Lot No. 25 wherein now live her
said estate therein commencing at the decease of my said wife Mary, who
takes under this my will a life estate in said Wester section, as
provided for, in the first clause hereof together with the houses,
buildings & improvements therein to her & her heirs___ I also give my
said daughter Eliza J. Whitted, my mulatto woman Sukey and all her
children & her increase hereafter and the increase of each & all of her
the said Sukey's ....children___my mulatto woman Rachel and all her
children & her increase hereafter ...this and the increase of each & all
of her the said Rachel's female children & may negro woman Fanny who is
about  45 or 50 years of age.  Fifty shares of the capitol stock
belonging to me in the Bank of New Bern,  one bed, bedstead & bed
furniture, the piano....now used by her and a.... bureau which she has
hereafter had the us of to hold that same absolutely & forever.

5th to my grand children William Nash Whitted and Mary Whitted children
of my son James Whitted died I give and bequeath my tract of land lying
north of Hillsboro adjoining the lands of Ralph Faucett Jospeh. Topitt.
and others.  Fifty shares of the capitol stock belonging to me in the
Bannk of New Bern & ten shares of the capitol stock belonging to me in
the Bank of Cape Fear to be divided equally between them & to hold the
said land & stock to them & their heirs should...my said two grand
children die under the.age of twenty one years & without having been
married,  then his or her share and money of the whole of the property
both real and personal which they shall take or hold under this my will
shalt survive to, ....in the survivor of them with the exception however
of the bank stock which I have herein willed to them and those ten
shares last mentioned ....I give to their mother Attelia Whitted and
that both of my said grandchildren die under the age of twenty one years
and without having been married then my will is to selll the property
both real & personal belonging to them &  claimed & held under this
......upon such decease........in &  belong equally to my wife Mary, my
son William Henry Whitted and my daughter Eliza Jane Whitted with the
further exeception however .... ten shares  more of the aforesaid Bank
stock herein willed to them my said grandchildren which said last
mentioned reserved ten .....upon the death of both of my said
grandchildren under the age of twenty one years & without having been
married...aforesaid, I give to their mother Attelia Whitted having
twenty five shares of their bank stock to be equally divided between my
wife Mary and my son William Henry Whitted my daughter Eliza J. Whitted.
___

6th. To Attelia Whitted, widow of my son James Whitted dead I give &
bequeath ten shares of the capitol stock belonging to me in the bank of
Cape Fear.  This bequeast of ten shares is to be certain & independant
of the contingency mentioned in the fifth clause hereof.  I also, give
her the said Attelia Whitted the sum of one hundred dollars to be paid
her immediately out of the monies on hand & should there not be enough
money on hand for that purpose, my executor will raise & pay to her the
said sum of one hundred dollars as soon after my death as practical---

7th I give & bequeath the remainder estate in Lot No. 9 aforesaid in
which my wife Mary holds a life estate to my son William Henry Whitted
my daughter Eliza J. Whitted & two grandchildren aforesaid allowing to
said grandchildren the share thereof which their father would have taken
if living, their share however to be subject to the  provisions &
limitations contained in the fifth clause of this my will in case of the
death of one or both of them under the age of twenty one years or
without having been married.  The life estate herein of my wife Mary to
be determined by her death before my said children & grandchildren shall
take .....thereof......

8th. The other property & monies which I am entitled to under the will
of my said brother Jehu Whitted died will be equally divided between my
wife Mary, my son William Henry Whitted, my daughter Eliza J. Whitted &
my grandchildren aforesaid allowing them to share thereof, which their
father if living would have been entitled to, and their share thereof to
be subject to the provisions & limitations contained in the fifth clause
of this my will in case of the death of one or of both of them under the
age of twenty one years and without having been married. The negro man
Jack who I hold & claim under the will aforesaid of my brother Jehu
Whitted died I will my executor to sell upon reasonable ........ arising
from the sale to divide as and before in this clause, the share of my
grand-children aforesaid to be subject to the provisions & limitations
contained & set forth in the fifth clause of this my will. __ I wish
however my title to said Jake & to said monies & property to .....
before the sale of said Jake and division of said property & monies.

9th My father bequeathed to me a boy named Dick to .... until the year
1820 & then to be emancipated.  This said boy Dick is now in the
possession of Thomas Holden and has been hired to him until the year
1825.  When that period arrives, my executor will endeavor to carry my
father's will in respect Dick into ....., but they are not to give any
security for his good behavior so as to under any part of my estate be
able in case of his misbehaviour  if the court shall refuse to
emancipate the said Dick then my Executor must sell or cause him to be
sold and divide the money arising from the sale, or my part of it
provided I be not entitled to the whole, & equally among my wife Mary,
my son William Henry Whitted, my daughter Eliza J. Whitted, & my two
grandchildren allowing to them the share of thier father if he was
living & therein then I have  thereof of to be subject to the provisions
& limitations contained & set forth in the fifth clause hereof in case
of the death of one or both of them under the age of twenty one years &
without having been married.
10th the negros & property which are not herein already disposed of &
which I do not hold or claim under the will of my said brother Jehu
Whitted died my executor will publicly sell upon a reasonable audit; &
the money arising from & the debts due me & the money  on hand at my
decease after paying my wife Mary two hundred dollars and Attelia
Whitted one hundred dollars as herein before directed  in the first &
sixth.clause of this my will, will constitute a fund to...all just
claims and demands upon my estate.  After paying my just debts
therefrom, my executor will hold in ....hands the balance of the said
fund until the such in equity instituted by Josiah Turner as adms of
Anne Whitted died against the executor of her father shall be determined
and until all other debts in law & equity hereafter to be instituted
within a reasonable time against the executor of Jehu Whitted died or
against me or my representatives on account of the estate of the said
Anne Whitted or the estate of her father shall be finally adjudged &
determined - out of the aforesaid fund contained in their hands my
executor will, according to his good & sound discretion pay & discharge
my share of the cost ..., charges & expenses in employing able council
in attending to & defending in said ....such & if necessary to pay off &
discharge my share of any judgment or judgments, decree or decrees or
shares & costs that may be obtained against them as my executors &
against the other executor of Jehu Whitted died or I any other will
against my estate. Having myself had the actual management of the monies
belonging to said Anne Whitted died my executor will be prompt in paying
off all just claims against me on her account, and in no ...to suffer my
brother Levi Whitted the other executor of my brother Jehu Whitted died
to sustain any ...for any acts of mine, but they are to make good the
bonds which I have taken & held as executor or guardian of that estate:
On condition however that ..my brother Levi Whitted shall grant no
longer .....on said bonds and shall forthwith  proceed to collect and
enforce payment upon all bonds so taken & held by me and when said such
or ...shall be finally adjudged & determined & the judgments or decrees
& costs should these be such against them, fully paid, my executor will
divide the surplus if any, equally between my wife Mary, my son William
Henry Whitted, my daughter Eliza J. Whitted & my two grand children
leaving them the said grandchildren thier share which their father would
take were he living & their said shares thereof to be subject to the
provisions & limitations contained & set forth as aforesaid in the fifth
clause of this my will in case of the death of one or both of them under
the age of twenty one years or without having been married.

And I hereby make & ordain my worthy friends James Webb and James
Phillips of the town of Hillsborough executors of this my last will &
testament - In witness whereof I the said William Whitted have to this
my last will & testament set my hand & seal the day & year above
written.

signed, sealed, published & declared by the said
			William Whitted {seal}

William Whitted, the testator, as his last will & testament
in the presence of us who were present at the time 
of signing & sealing thereof
W. Horton
John Scott


Orange County February Term 1822
The executor of the foregoing last will & testament of William Whitted
was duly proved in open court by the oath of William Horton & John Scott
subscribing witness thereto ordered to be recorded- At the sanctioned
James Webb & James Phillips the executor named therein qualified
accordingly.
							Tish

The Last Will and Testament of William Whitted, Jr.
Transcribed by Krishna Mayfield on 6/2/98 from a microfilmed copy of the
original document.  The Original document is located in the will books
in the Clerk of Court's office in Hillsborough, NC on Churton Street.