Orange County NcArchives Wills.....Whitted, Levi June 10, 1849 ************************************************ 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 F, pages 439-443 Written: June 10, 1849 Recorded: Aug 1849 Testator: Levi Whitted I Levi Whitted of the County of Orange being of sound mind and disposing memory do make and publish this to be my last will and testament revoking all former wills made by me Item 1. To my son Henry Whitted & his heirs & exec= utors I give and devise the following property (viz) The Lytle or Burke Tract of land containing about 260 acres adjoining William Cain Jesse 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 & others - also the following negroes Isaac Mary Ann, Richard, James Rebecca Louisa, Emiline Isaac son of Isaac, Mariah Sally Austin Anderson Wilson Martin Julia Caesar, Mary Jane, James Harriet Alexander & Martha her two children Cledwell & 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 waggon the ox waggon, all the farming tools one bed & furniture one desk one folding leaf table also the clock and the forth[sic] part of the sale of the residue of the property. Item 2: To my son William Whitted I give seven hun- dred 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 intended 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 Roberts habits are such that I cannot safely place property in his possession & am informed [page 2] that I cannot will it to a trustee for his benefit with- out danger of it being squandered -- And having full confidence in my son Henry I have no doubt he will under all circumstances do for his bro- ther what affection for him and duty to me will require at his hands -- and I enjoin it upon my son Henry & his children in consideration of the very liberal provision 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 & other stock on the Stagg Creek plantation with all the grain provisions growing crops farming tools &c 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 here- by declare that I have no claims against him for anything he may have made out of the property & that he shall render no account to my estate or other children on account of his possession and management of my property & business. Item 4.[sic] In addition to advancements made to my daughter Sarah Paul I give and bequeath to her the following negroes Lena David[Daniel?] Elsy, Cornelia and Eaton[Ester?] and all their future increase. Item 5. In addition to what I have already done for my daughter Martha Richmond I give & devise 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 Alves Telia and child Anes[Amos?], Jane[Sam?] David, Joseph Giles and John, to have and to hold the said land & negroes with all their future increase to my son Henry his heirs & executors in trust for the [page 3] sole and separate use of my said daughter and her four children Sarah Allen John Allen Susan Richmond and Martha Richmond & not be sub- ject to the control of her husband or liable for his debts and contracts; the said property with its increase to be for the maintenance 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 fifth 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 then the remain- ing fifth part for the sole & 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 have full power to sell it or any part of it & convert the proceeds into other pro- perty or keep it out at interest for the same purposes-- Item 6. I give to my grand son Levi son of Henry my 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 Paul. 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 settle- ment 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 have [page 4] hereunto set my hand and seal this the 10th day of June 1845. Levi Whitted (seal) Signed sealed published & declared in the presence of James Webb Jurat J. W. Norwood [page 5] To this my last will and testament made on the 10th day of June 1845 I make the following codicil, & republish and declare the same as my last will so far as it is not altered by this codicil. To my son Henry Whitted I give all the Household and Kitchen furniture at the Stagg's Creek place with all the house hold goods and effects there of every Kind. To my grand son Levi Whitted son of Henry Whitted I give and bequeath Eley and her children Cornelia and my old desk and Chest To my grand daughter Elizabeth Whitted daughter of my son Henry I give one bed bed stead and furniture one chest of drawers and one round table. To my two grand sons James & Thomas sons of my son son Henry I give and bequeath two yoke of oxen which they have broke To my daughter Patsey Richmond ["I give" x-out] and her four children Sarah Allen John Allen Susan Richmond and Martha Richmond the following negro Eaton equally between them. To Albert and Ann Elizabeth Paul, chil= dren of my daughter Sarah Paul I give negro Daniel equally between them To my daughter in law Anna Whitted I leave all my wearing apparel corner cup= board & candle stand I revoke the 9th item of my will, and here= by give and devise the rest and residue of my es= tate of every description to my son Henry Whitted his heirs and assigns forever, also the old negro woman Lenah now in the possession of William [page 6] Paul where any of the female negroes given by by[sic] said will have had children since the date of the will, I will and desire that said children & all children hereafter to be born shall go with their mothers. Signed sealed & declared, to be together with my said will made on the 10 June 1845, so far as the same is not hereby altered, to be my last will and testament, this 17 April 1849 In presence of Levi Whitted (seal) J W Norwood Richard Williams Jurat [Will Book Volume F, page 439] I Levi Whitted of the County of Orange being of sound mind & disposing memory do make and publish this to be 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 (viz) The Lytle or Burke Tract of land containing about 260 acres adjoining William Cain Jesse Millers heirs, John Berry & others, also my tract of Land on Staggs creek on which my son Robert now lives containing about 460 acres adjoining Bradford Lynch Morrow & others - also the following negroes Isaac Mary Ann, Richard, James Rebecca Louisa, Emeline Isaac son of Isaac, Mariah Sally Austin Anderson Wilson Martin Julia Caesar, Mary Jane, James Harriet Alexander & Martha her two children Cledwell & William Peter Samuel Henderson Lucy Rebecca, & her children Mariah Mary Jane Stephen Rosanna & her child Betsy together with their present and future increase -- I also give him four horses four oxen the new wagon the ox wagon, all the farming tools one bed & furniture one desk one folding leaf table also the clock and the forth[sic] part of the sale of the residue of the property. Item 2. To my son William Whitted I give seven hun= dred 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 intended 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 & am in= formed that I cannot will it to a Trustee for his benefit with- out danger of it being squandered -- And having full confidence in my son Henry I have no doubt he will [Will Book Volume F, page 440] 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 & his children in consideration of the very liberal provision 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 & other stock on the Stagg Creek plantation with all the grain provision growing crops farming tools &c 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 & that he shall render no account to my estate or other children on account of his possession and management of my property & business. Item 4.[sic] In addition to [~~~ large x-out ~~~~~~~] [~~~ large x-out ~~~~~~~] advancements made to my daughter Sarah Paul I give and bequeath to her the following negroes Lena Daniel Elsy, Cornelia and Eaton and all their future increase-- Item 5. In addition to what I have already done for my daughter Martha Richmond I give & devise 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 Telia and child Anes[Amos?], Jane David, Joseph Giles and John, to have and to hold the said land & negroes with all their future increase to my son Henry his heirs & executors in trust for the sole & separate use of my said daughter and her four children Sarah Allen John Allen Susan Richmond and [Will Book Volume F, page 441] 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 maintenance 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 fifth parts of it; and the remainder is to be for my said dau= ghter & her other two children until the youngest of them comes to full age & then they are to have two fifth parts of it, and then the remaining fifth part for the sole & 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 have full power to sell it or any part of it & convert the proceeds into other property or keep it out at interest for the same purposes Item 6. I give to my grand son Levi son of Henry my 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 Paul 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 have hereunto set my hand and seal this the 10th day of June 1845 Signed sealed published & Levi Whitted (seal) declared in presence of James Webb J W Norwood [Will Book Volume F, page 442] To this my last will and Testament made on the 10th day of June 1845 I make the following codicil, & republish and declare the same as my last will so far as it is not altered by this codicil To my son Henry Whitted I give all the household and kitchen furniture at the Stagg's Creek place with all the house hold goods and effects there of every Kind. To my grand son Levi Whitted son of Henry Whitted I give and bequeath Eley and her children Cornelia and my old desk & chest To my grand daughter Elizabeth Whitted daughter of my son Henry I give one bed bed stead and furni= ture one chest of drawers and one round table To my two grand sons James & Thomas sons of my son son Henry I give and bequeath two yoke of oxen which they have broke To my daughter Patsey Richmond and her four Children Sarah Allen John Allen Susan Richmond and Martha Richmond the following negro Eaton equally between them. To Albert and Ann Elizabeth Paul, Children of my daughter Sarah Paul I give negro Daniel, equally between them To my daughter in law Anna Whitted I leave all my wearing apparel, Corner cupboard & candle =stand. I revoke the 9th item of my will and hereby give and devise the rest and residue of my estate of every description to my son Henry Whitted his heirs and assigns forever, also the old negro woman Lenah now in the possession of William Paul. When[Where] any of the female negroes given by said will have had children since the date of the will, I will and desire that said children & all children hereafter to be born shall go with their mothers. Signed sealed & declared, to be together with my said will made on the 10th June 1845, so so[sic] far [Will Book Volume F, page 443] as the same is not [hereby] altered, to be my last will and testament, this 17 April 1849 In presence of Levi Whitted (seal) J W Norwood Richard Williams Orange County August Term 1849 The execution of the foregoing last will & testament together with the codicil thereto annexed of Levi Whitted deceased was duly proved in open Court by the oaths of Dr. James Webb & Richard Williams two of the subscribing witnesses thereto & ordered to be recorded At the same time Henry Whitted the Executor named in said will appeared in open Court & took the oath required for his qualification Test Additional Comments: Will Book Volume F, pages 439-443 Recorded Aug 1849 Estate Papers comprise five pages and are found in a folder labeled "Whitted, Levi (1849)" [Estate Papers - Inventory 28 Nov 1849] An Inventory of the personal property of Levi Whitted Deceased which came into the hand of Henry Whitted his Executor On the Stags Creek Plantation Negroes: Peter, Samuel Rebecca & her Children Mariah Mary Jane, Stephen, Will, Ann, Rebecca & Robert Bequeathed to Henry Whitted Negroes: Fanny, Alves, David, Giles, Joseph Bequeathed to Martha Richmond & Children Negroes: Elsy & Cornelia... Bequeathed to Henry Whitted ... Personal Estate at the late Residence of Levi Whitted dec. Negroes Isaac, Maryan, Richard, Jane, Rebecca, & her child Harriet, Louisa, Emaline, Isaac, son of Isaac, Mariah, Dempsey, Sally, Austin, Anderson, Milson, Martin, Julia, & her children Anderson, Ceasar, Mary Jane, Henrietta, & Green, Cledwell Bequeath to Henry Whitted Negroes Eason & Mash Bequeath to Martha Richmond & Children Negro Daniel Bequeath to Albert & Elizabeth Paul Negro Lena Bequeath to Henry Whitted the last named negroes now in the possession of William Paul In the possession of Adam Richmond Negroes John Standford, Aniss, Jane & her 2 children Amos & Fanny Negroes Amos & Attelia Bequeath to Martha Richmond & Children Died in lifetime of Levi Whitted Negro Lucy Bequeathed to Henry Whitted died April last Negroe William, Henderson, Rose & her child Betsey sold in the lifetime of Levi Whitted