Orange County NcArchives Wills.....Whitted, William Henry July 29, 1824 ************************************************ 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 E, pages 76-78 Written: July 29, 1824 Recorded: Feb 1825 Testator: William Henry Whitted I William Henry Whitted of the Town of Hillsborough in North Carolina do make & publish this paper writing as my last Will & Testament.--- In the first place, I direct all my just debts to be speedily paid out of my per sonal Estate not herein specifically bequeathed:--- Secondly: I give to my Sister Eliza Jane Murphy my old family Servant Will whom I bought at the sale of my Mother's Estate:--- Thirdly I give, devise & bequeath to my Wife Frances Whitted one equal half part of the whole of my Estate, both Real & personal after the pay ment of my debts; to her, her heirs Executors & assigns forever: Fourthly: I give devise & bequeath to such child or children as I may have by my said Wife & leave living at my death or that may be born within the natural period of gestation after my death the other part of my Estate, Real & personal, after the payment of my debts; to him, her or them & his, her or their heirs Executors & assigns forever: Fifthly: In case however that no child should be born to me by my wife or if born, he or she should die before me, then my will is to give & I do here -by give & bequeath to my said wife, in addition to the devise in the third clause of this will the following Eight negro slaves, which I got by her, viz. Charles & his wife Esther Charity, Wesley, Thomas, Delia, William & John & the encrease of them in my life time after the date of this will; and further, in that case, I give devise & bequeath that half of my Estate given to my child or children by the fourth clause in this Will (excepting the half of the Eight slaves specifically given herein to my wife) unto my said Sister Eliza Jane Murphy & unto my brother James' children, William Nash Whitted & Tormasia Mary Whitted, their heirs & assigns, to be divided in the manner following, that is to say, my sister to have one half of it & my nephew & niece the other half between them share & share alike:--- Sixthly: And in case I should have a child or children born unto me as afore -said that shall survive me or be born after I am dead; then my will is (that [page 2] that, if there be two of them & one shall die under the age of twenty one years & without leaving a child living at his or her death, the share of that one so dying shall go over to the survivor of them in absolute Es -tate: And further my will is that if I have only one child as aforesaid and that one shall die (after my death) under the age of twenty-one years & without leaving issue living at his or her death; or, if I have more than one child as aforesaid & all of them shall die under the age of twenty -one years respectively & without leaving issue living at his her or their death as aforesaid; then & in those cases or either of them, I give devise & bequeath the whole one half of my Estate given by the fourth clause of this my will to my child or children; unto my said Sister Eliza Jane & the said William Nash & Tormasia Mary their heirs & assigns, to be divided as aforesaid that is to say, my sister to have one half thereof to her & her heirs & my brother's two children to have the other half equally between them share & share alike:--- -- And as it may be necessary to a just & equitable division of my Estate that the same may be sold, I do hereby give full power & authority to my Executor so to do in his own discretion & to convey the Real Estate in Fee-simple.~~ I appoint my friend Dr. James Webb of Hillsborough the Execu -tor of this will; and in case of his death I do hereby appoint the Exe[cu] -tor or Executors of his will to execute the trusts of this will & particu -larly in relation to the sale of my real Estate:~~~ In witness whereof I have hereunto set my hand this 29th day of July 1824 Signed, published & declared by the Testator } in our ["before" x-out] us, who attested it in the pre } W.H. Whitted (seal) -sence of him & of each other: ----- } Thomas Ruffin } James Child Jurat } Exr qualified [page 3] Codicil I give & bequeath to my wife Frankey[?] Whitted in Addition to my former bequests five Hundred Dollars in money and my two Bay Horses to her and her heirs Witness my hand and seal December 8 1824 Witness W. H. Whitted (seal) James Webb Jno. Street Jurat [Will Book Volume E, page 76] I William Henry Whitted of the town of Hillsboro' in North Carolina do make & publish this paper writing as my last Will & Testament -- In the first place I direct all my just debts to be speedily paid out of my personal Estate not herein specifically bequeathed:-- Secondly I give to my sister Eliza Jane Murphey my old family servant Will whom I bought at the sale of my Mother's Estate.-- Thirdly I give, devise & beq= =ueath to my Wife Frances Whitted one equal half part of the whole of my Estate, both real & personal, after the payment of my debts; to her, her heirs, Executors & assigns forever -- Fourthly I give devise & bequeath to such child or children as I may have by my said wife & leave living at my death or that may be born within the natural time[orig: period] of gestation after my death the other part of my Estate, Real & personal, after the payment of my debts; to him, her or them & his, her or their heirs executors [Will Book Volume E, page 77] & assigns forever - Fifthly: In case, however that no child should be born to me by my wife, or if born, he or she should die before me, then my will is to give & I do hereby give & bequeath to my said wife, in addition to the devise in the third clause of this will, the following Eight negro slaves, which I got by her, viz, Charles & his wife Esther Charity, Wesley, Thomas, Delia, William & John & the increase of them in my lifetime after the date of this will; & further in that case, I give devise & bequeath that half of my Estate given to my [child or] children by the fourth clause in this Will (excepting the half of the eight slaves specifically given herein to my wife) unto my said Sister Eliza Jane Murphey & unto my brother James' children, William Nash Whitted & Tarmesia Mary Whitted their heirs & assigns, to be divided in the manner following, that is to say, my sister to have one half of it & my nephew & niece the other half between them share & share alike:-- Sixthly And in case I should have a child or children born unto me as aforesaid that shall survive me or be born after I am dead; then my will is, that if there be two of them & one shall die, under the age of twenty one years & without leaving a child living at his or her death, the share of that one so dying shall go over to the survivor of them in absolute Estate: & further my will is that if I should have only one child as aforesaid & that one shall die after my death under the age of twenty one years & without leaving issue [living] at his or her death; or if I have more than one child as aforesaid & all of them shall die under the age of twenty one years respectively & without leaving issue living at his, her or their death as aforesaid, then & in those cases or either of them, I give devise & bequeath the whole one half of my Estate give[n] by the fourth clause of this my will to my child or children unto my said Sister Eliza Jane & the said William Nash & Tarmesia Mary their heirs & assigns, to be divided as aforesaid, that is to say, my sister to have one half thereof to her & her heirs & my brother's two children to have the other half equally between them share & share alike:--- And [as] it may be necessary to a just & equitable division of my estate that the same may be sold, I do hereby give full power & authority to my Executor so to do in his own discretion & to convey the Real Estate in fee Simple.~~ I appoint my friend Dr James Webb of Hillsboro the Executor of this will; and in case of his death, I do hereby appoint the Executor or Executors of his will to execute the trusts of this will & particularly in relation to the sale of my real Estate:~~ In witness whereof I have [Will Book Volume E, page 78] hereunto set my hand this 29th day of July 1824: ~~ Signed published & declared by the Testator in ["our" x-out] before us, who W.H. Whitted attested it in the presence of him & of each other: ----- Thomas Ruffin James Child Codicil I give & bequeath to my wife Frankey Whitted in addition to my former bequests five hundred dollars in money and my two bay horses to her & her heirs -- Witness my hand & seal December 8th 1824 Witness W. H. Whitted (seal) James Webb John Street Orange County February term 1825 The Execution of the foregoing last will and testament of William Henry Whitted was duly proved in open court by the oath of James Child & the codicil thereto subjoined by the oath of John Street two Respective subscribers thereto & ordered to be recorded At the same and Jas Webb the Executor therein named qualified as such accordingly. Test Additional Comments: Will Book Volume E, pages 76-78 Recorded Feb 1825 No estate papers found. There is a folder labeled "Whitted, William (1822)". It seems likely some of those pages pertain to this estate. All of the transcriptions for this collection are included with "Will of William Whitted, Sr - 7 Jan 1821"