Orange County NcArchives Wills.....Whitted, Jehu March 13, 1804 ************************************************ 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 132-137 Written: March 13, 1804 Recorded: May 1804 Testator: Jehu Whitted I Jehu Whitted of the town of Hillsborough in the State of North Carolina being of sound mind and memory do make and ordain this my last Will and Testa- ment, in the manner following, to wit 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 - 2d I give and bequeath unto my loving wife Susannah that tract of land adjoining William Picket, Eli Hill and others on Hill's Creek, being part of the land that William Courtney Junior died seized and possessed of, one House and part of Lot Number Six (6) in the town of Hillsborough, now occupied by James Child, three Negroes, Dick, Caesar and Isham together with one half of the moneys on hand, one half of the debts due to me, and one half of the money arising from the sale of my Hous[e]hold and kitchen furniture, farming utensils Smith Tools, and Stock of every kind, and all the rest of my personal property whatsoever my Ne- groes excepted, reserving as herein after mentioned ~~ It is my Will that the property bequeathed to my wife remain in the hands of my Executors for the term of two years after my decease, for her use and benefit, unless she should marry before the expiration of that term ~~~ 3d. To my daughter Anne I give and bequeath all the rest and residue of my lands and Houses whatsoever, and six negroes, to wit, Jack, Hetty[Hesty?], Duncan, James, Stephen and Betty, together with half of the money on hand, and half of the debts due to me, and half of the money arising from the sale of my personal property above described, reserving as herein after mentioned ~~ It is also my will that my Executors shall, within six months after my de- cease, sell my negro boy Sandy, and that the money arising therefrom be equally divided between my Wife and Daughter; but if the said Negro Boy Sandy shall not sell for a sum equal to the price at which I purchased him, then my will is that he be hired out annually for the term of three years, and then sold, and that the monies arising from such hire and sale divided as aforesaid ~~~~ 4th. Should my Wife have a child before my death, or prove with child at the time of my decease, then to such child I will and bequeath as follows, to wit, 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 hereinafter mentioned ~~ And in case of the death of either of such child or of my daughter Anne, before they or either of them arrive at the age of twenty one years, or without Heirs lawfully begotten, then I give and bequeath the above described property to the survivor of them ~~~ 5th. It is my will and desire that the mulatto child Fanny, child of Hetty, be emancipated [page 2] emancipated and set free, and it is my will and desire that my Executors do use all lawful ways and means to have the said Fanny emancipated and set free either by the General Assembly, or by any other authority competent thereto and that they be allowed all necessary expenses therefor out of my estate as hereinafter 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 mu- latto 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 Heirs 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 school for the term of six months, and that the expenses thereof be defrayed by my Executors as hereafter directed ~~~~ 8th. It is my Will that the legacy given to the mulatto child Fanny and the expense of pro- curing her schooling and emancipation, and all other necessary expenses and charges in executing this my last Will and 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 sums arising from the sale of my personal property ~~ 9th. I do expressly will and desire, that my Executors shall not, on any account or pre- tence whatsoever ever suffer the abovementioned mulatto child Fanny to be removed 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 abovementioned ~~~ 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 child- ren, and such child or children die before arriving at the age of twenty one years, or without Heirs lawfully begotten, then and in that case, that my mulatto slaves Dun- can, James, Stephen and Betty, children of Hetty, be emancipated and set free, in the same manner and under the same rules as are heretofore mentioned con- cerning Fanny; and that the expenses emancipation be defrayed and paid in the same manner as is 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 arrive to full age or without Heirs lawfully begotten; then I give and bequeath unto my Brother William my house and lot number nine in the town of Hillsborough and my negro 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 Hogg and the other from Francis Dunn, that part of the money on hand, debts due to me, and money arising from the sales of [page 3] of personal property as aforesaid given to my child or children; if no such child or children, then to be equally divided between my brothers 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 that each of them the said William and Levi pay unto my father William Whitted Senior in trust for the use and support of Samuel Bigeloe 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 to pay fifty five pounds to each of them, and the said Levi to pay 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 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 purposes aforesaid, and my Sisters the said Mary Bird, Hannah Harris, Elizabeth Holden and Susannah Thompson, share and share alike ~~~~ 12th. I further request my Executors, for the use and benefit of my child or children, to lend out into 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 negro 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, that they immediately collect all such debts due to me which they may think unsafe or doubtful, and lend the monies so collected, on Interest in the manner above mentioned, reserving in the hands of said Executors 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 legacies and charges or expenses as herein before expressed and provided for ~ 13th. It is my will and desire that my Executors obtain, as as soon as possible, a release for my Estate from my Securityship for Bird's Administrators, and also from my securityship for my Sister Mary Bird as Guardian for her children, as I know the Administrators have not in all cases acted agreeably to law as can easily be made appear in their settlement with John Reeves and as I have reason to believe that the Guardian will trust too much in the honor of her chil- dren, thinking she can settle fairly with them after they become of age; and my opinion is, they have very little honor amoung them ~ And therefore if the above mentioned parties will not immediately obtain other security and release my Estate [page 4] Estate therefrom, I injoin it on my Executors to employ a Lawyer and compel them to give such release; as I do not wish my Estate to be bound when it is no longer in my power 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 revo- king all former Wills and bequests by me made ~~~~~ ~~~~~~~~~~~~~~~~~~ In Testimony whereof, I have hereunto set my hand and seal this thirteenth day of March one thousand eight hundred and four ~~ Signed, Sealed published and } pronounced by the Testator to be his } Jehu Whitted (seal) last Will and Testament in the } presence of us, who in the presence } of each other subscribed our names } Will J. Cain Gavin Alvis Jurat Wm Whitted Jr & Levi Whitted qualfd [Will Book Volume D, page 132] I Jehu Whited in the town of Hillsborough in the State of North Carolina being of Sound mind and memory do make and Ordain this my last Will and Testament in the manner following to Wit 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 Pickeet[sic], Eli Hill and others on Hills Creek being part of the land that William Courtney Junior died seized and possessed [of] one House and part of Lot Number (Six) in the town of Hillsborough now occupied by James Child three Negroes, Dick, Sezar, and Isham together with one Half of the money on 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 [utensils Smith] Tools and Stock of every kind and all the rest of my personal property whatso ever Whatsoever[sic] 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 Executors for the term of two years after my decease for her use and benefit unless she should marry before the expiration of that time[term] ~~~ 3rd To my Daughter Anna I give and bequeath all the rest and residue of my Lands and Houses whatsoever and six negroes, to wit Jack, Hesty[Hetty] Duncan James Stephen and Betty together with one 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 as herein after men tioned It is also my will that my Executors Shall within six months after my decease sell my negro 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 pur- chased him, 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 or prove with [Will Book Volume D, page 133] Child at the time of my death[decase] then to such Child I will and bequeath as follows to Wit 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 hereinafter mentioned ~ And in case of the death either of such child or of my Daughter Anne, before they either of them arrive at the age of twenty one years or Without Heirs lawfully begotten then I give and bequeath the above described 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 execu- tors do use all lawful ways and means to have the said Fanny emancipated and Set free either by the general Assembly or by any other authority compi- tent 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 Whited Senior and my brother William Whited Junior the sum of one Hundred pou- nds 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 arriveing at full age or without heirs Lawfully begotten then I give and bequeath the aforesaid sum to my Daugh- ter 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 equ- ally divided between them ~~~ 7th It is my Will that the afore mentioned mulatto child Fanny be put to school for the term of six months and that the expences thereof be defrayed by my Executors 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 necessary ex- penses 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 Sums arising from the sale of my personal [Will Book Volume D, page 134] property ~~ 9th I do expressly Will and desire that my executors shall not on any account or pretense whatsoever Suffer the above mentioned mulatto Child Fanny to be removed out of Orange County but it is my earnest wish and desire that she be suffered to remain with my father William Whited 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 Heirs 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 are heretofore mentioned con- cerning [Fanny;] and that the expenses emancipation be defrayed and paid in the same man[n]er as is 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 should[sic] not be with Child at the time of my decease or in case of the death of my daughter Anne before she arrive to full age or without Heirs 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 Hoog[Hogg] and the other from Francis Dunn that part of the money on hand debts due to me and money arising from the sales of personal property as aforesaid given to my child or children if no such Child or Children then to be equally divided between my Brothers 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 negroe Woman Hetty to my brother Levi ~~~~~ provided that each of them the said William and Levi pay unto my father William Whitted Senior In trust for the use and Support [Will Book Volume D, page 135] of Samuel Bigeloe 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 to pay fifty five pounds to each of them and the said Levi to pay fifty five pounds to each of them within the term of two years after my decease and in case of failure to pay the lega cies aforesaid to my father and Sisters 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 & my Father for the purposes aforesaid and my Sisters the sd. Mary Bird Hannah Harris Elizabeth Holden & Susannah Thompson share and share alike ~~~~ 12th I further request my Executors for the use and benefit of my Child or Chil- dren to lend out into good hands on Interest all the money I may have on hand at the time of my decease and to obtain as Soon as poss -ible 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 receiv'd for rent of Houses and lands or for negroes hire excepting So much as may be necessary for the Support for my Child or Chil- -dren and to have the interest regularly paid and converted into prin- cipal once a year and also that 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 executors for the use and ben -efit of my wife her share of the said Debts as Herein before mentioned and reserving also a sufficiency for the legacies and Charges or expen cies[sic] as herein before mentioned[expressed] and provided for ~ 13th. It is my Will and Desire that my Executors obtain as as soon as possible [Will Book Volume D, page 136] a release for my estate from my securityship for Birds Administra- tors, and also from my securityship for my sister Mary Bird as guar- dian 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 reason to believe that the guardian will trust too much to 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 there fore if the above mentioned parties will not immediately ob- -tain other security and release my estate therefrom I injoin it on my Executors to employ a Lawyer and to compel them to give such release as I do not wish my estate to be bound when it is no longer [in my power] to take care of it ~~ Lastly I hereby nominate constitute and ap- point my Father William Whitted Senior my brothers William Whitted Junr. & Levi Whited 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 hereunto 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 & Testament in the presence of us who in the presence of each other subscribed our name[s] Will J. Cain Jehu Whitted (seal) Gavin Alvis Orange County May Term 1804 The Execution of the foregoing last Will and Testament of Jehu Whit -ted was duly proved in Open Court by the Oath of Gavin Alves one of the subscribing Witnesses thereto and ordered to be [Will Book Volume D, page 137] Recorded -- At the same time Wm Whitted Jr. & Levi Whited two of the Executors therein named qualified accordingly Additional Comments: Will Book Volume D, pages 132-137 Recorded May 1804 Will book version uses "Whitted" and "Whited" interchangeably Estate Papers comprise 74 pages and are found in a folder labeled "Whitted, Jehu (1804) ". The hire of slaves is listed variously in the accounts. Anne Whitted's guardian was her uncle Levi Whitted Estate Papers include petitions to the court to emancipate Fanny, as mentioned in the will. [Estate Papers - Schedule of Anne's Estate (undated)] A schedule of the estate, property and right of Anne Whitted, an Infant Orphan, Daughter of Jehu Whitted decd. which have com to the possession, hands and knowledge of Levi Whitted her guardian ~~ Jack a negro Slave, blacksmith, now hired to Richd. Crabtree at £40 - He is about 40 years of age Hetty, a woman Slave about 45 year of age; who has been greatly afflicted with the Rheumatism; and only support herself, attending some on her Mistress Duncan, a Mulatto Slave about 24 years of age now Hire to Henry Thompson at £25 James a Mulatto Boy Slave about 19 years of age now Bound to John Young to learn the Blacksmith's Trade his apprenticeship will end 1st Jany 1820 ~~ Stephen a mulatto Boy Slave about 17 years of age bound to John Wilson to learn the Carpenter trade, ~ Term of Service 4 years, and ?????? 1st Jany 1817 [Estate Papers - Additional Inventory (undated)] Additional Inventory of the Estate of Jehu Whitted decd. consisting of Sundry account omitted out of former Inventory and the Crop Tools & Sale thereof Negro Boy (Sandy) not yet sold £150 at 9 months Credit