Orange County NcArchives Wills.....Whyte, William July 21, 1831 ************************************************ 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 251-253 Written: July 21, 1831 Recorded: Aug 1831 Testator: William Whyte In the Name of God Amen I William Whyte of the Village of Chapel Hill County of Orange and State of North Carolina being weak in body But of Sound And pirfect mind and memory, blessed be Almighty God for the same do make and publish this my last Will and Testament in manner and form following, That is to say, First it is my wish all my Just debts be paid Out of the Proceedes of such of my perishable property together with the the[sic] debts due me as Shall be sufficient to discharge all lawfull claims which now is or which may accrue in my deasent burial and the settling the affairs of my Estate Secondly I give and Bequeath unto my beloved Wife Lucy Whyte all the remaining Part of my perishable property which may remain after all my Just debts is paid as aforesaid also one Tract or parsel of land lying being & situated West of the Vil[l]age adjoining the lands of John Craige Elisha Mitchell others containing thirty three acres also one Lot (improved) in said vil[l]age known in the plan of said Vil[l]age as Lot No 1[?] I farther bequ[e]ath to my beloved Wife Lucy Whyte all monies bonds accounts or obligations and all other species of property which may belonge to the Estate after a full settlement is made by my Executor to have and to hold for the sole benefit of the support of her self and our three children Namely Thomas Whyte Rebacca Ann Whyte and Joseph Whyte during her life or widdowhood it is my Will further So Soon as my beloved wife Lucy Whyte Should die or marry all the aforesaid property coming into the hands of my aforesaid wife Lucy Whyte Shall be Equally divided between My three Children Thomas Rebacca Ann & Joseph if all live otherwise to be divided between them then living Equally but should it please divide providence [page 2] To remove all of my three aforesaid Children from time to eternity Before the death of my beloved wife Lucy Whyte it is my Wish and Will that my aforesaid beloved wife Lucy Whyte shall have all right and titale to all and any spec[i]es of property her[e]in Specified or included both personal & real Estate at her own disposal forever with all the appertainances[sic] thereunto belonging Lastly I do appoint my friend John McCauley my Executor to this my last Will & Testament in Witness whareof I have hereunto sett my hand and seal the 20th day of July in the year of Our Lord One thousand eight hundred & thirty one.) Note between lines 16 & 17 the words thrity[sic] three acres interline[d] before signed In the presencee of D. B. Alsobrook Jurat William Whyte (seal) Thomas E Taylor I William Whyte of the Village of Chapel Hill County and State Above Writ[t]en do this the 8th day of August A.D. 1831 - Make and publish this codicil to my last Will and Testament in man[n]er following that is to say ) It is my will that my aforesaid Executor shall by Publick or private sale which ever he may think most advisable dispose of my Pla[n]tation which I lately purchase[d] of William Barbee Sr. Known as the Craige Mill Tract containing about Two hundred & fourteen Acres be the same more or less for the purpose of discharging the ballance of the Two Banks Debts which are due and the Branch Bank of Cape Fear at Hillsboro the other due to the State Bank at Raleigh it is further my will to make Sale of said land accomadating[sic] to the purchaser By Bank accomadation in Lew[lieu] of the Notes already in said Banks the amount already paid unto said Banks by me provided the sale of said Land should bring the amot. I gave that is to Say One thousand Dollars the overplus after discharging said Banks Debts I wish to be applied to the payments of my Just Debts and all surplus if any to be applied as before mention[e]d in my will it is also my will [page 3] That the Name of my daughter as mentioned in my will through Mistake is calld Rebecca Ann, be corrected to her proper name Ann Rebecca and that she is to be recognized in the last mention Name[d] as my lawfull heir both in Law and Equitety Witness my hand and seal the day & date first above writ[t]en In the presents of us his D. B. Alsobrook Jurat William (X) Whyte (seal) Thos. E Taylor mark Jno McCawley qualified [Will Book Volume E, page 251] In the Name of God Amen I William Whyte of the Vil[l]age of Chapel Hill County of Orange an[d] State of North Carolina being weake in body But of Sound And perfect mind and memory blessed be almighty God for the Same do make and publish this my last Will and Testament in manner and form following That is to say First it is my wish all my Just debts be paid Out of the Proceeds of Such of my perishable property together with the debt[s] due me as Shall be sufficient to discharge all lawfull claims which now is or which may accrue in my deasent burial and the Settling the affairs of my Estate Secondly I give and Bequeath unto my beloved wife Lucy Whyte all the remaining Past[Part] of my perishable property w[h]ich may remain after all my Just debts is paid as aforesaid also one Tract or parcel [Will Book Volume E, page 252] of land lying being & Situated West of the Vil[l]age adjoining the lands of John Craige Elisha Mitchell others Containing thirty three acres also One Lot (improved) in said vil[l]age Known in the place[plan] of said Vil[l]age as Lot No 1 I further bequeath to my beloved Wife Lucy Whyte all moneys bonds accounts or olligations[obligations] and all other Species of property which may belonge to the Estate after [a] full settlement is made by my Executor to have and to hold for the Sole benefit of the support of her self and our three Children Namely Thomas Whyte Rebecca Ann Whyte and Joseph Whyte during her life or widowhood it is my Will further So Soon as my beloved wife Lucy Whyte Should die or marry all the aforesaid property coming into the hands of my aforesaid wife Lucy Whyte Shall be Equally divided between My three Children Thomas Rebecca Ann & Joseph if all live other wise to be divided between them then living Equally but Should it please divide providence To remove all of my three aforesaid Children from time to eternity Before the death of my beloved wife Lucy Whyte [passage from loose will skipped in will book] it is my Wish and Will that my aforesaid beloved wife Lucy Whyte [skipped passage ends] shall have all right and title to all and any Species of property herein Specified or included both personal & real Estate at her own disposel[sic] forever with all the appertainences[sic] thereunto belonging lastly I do appoint my friend John McCauley my Executor to this my last Will & testament in Witness Whereof I have hereunto set my hand and seal the 20th day of July in the year of Our Lord one Thousand Eight Hundred & thirty One. In the presence of D. B. Alsobrook William Whyte (seal) Thomas E Taylor I William Whyte of the Vil[l]age of Chapel Hill County and State Above Written do this the 8th day of August AD 1831 Make and publish this codicil to my last Will and Testament in manner following that is to say ) It is my will that my aforesaid Executor shall by Public or private sale which ever he may think most advisable dispose of my Plantation which I lately purchased of William Barbee Sr. Known as the Creage Mill Tract Containing about Two hundred & fourteen Acres [Will Book Volume E, page 253] be the Same more or less for the purpose of discharging the ballance of the Two Banks debts which are due and the Branch Bank of Cape fear at Hillsborough the Other due to the State Bank at Raleigh it is further my will to make Sale of Said land accomodating[sic] to the purchaser By Bank accomodation in Lue[lieu] of the notes already in said Banks the amount already paid unto said Banks by me provided the sale of said Land should bring the amount I gave that is to say One thousand Dollars the [over]pluse after dischargind[sic] said Bank Debts I wish to be applied to the payment of my Just Debts and all Surplus if any to be applied as before mentioned in my will it is also my will that the Name of my daughter as mentioned in my will through Mistake is Called Rebecca Ann, be corrected to her proper Name Ann Rebe= =cca and that she is to be recognized in the last mentioned Name as my lawfull heir both in Law and Equity Witness my hand and seal the day & date first above Written in the presents of us his William (X) Whyte (seal) D B Alsobrook mark Thomas E Taylor Orange County August Term 1831 The Execution of the foregoing Last Will and Testament of William Whyte decd. was duly proved in open Court with the codicil by the oathe of D B Alsobrook a Subscribing witness thereto and Ordered to be Recorded At the Same time Jno McCauly the Executor therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 251-253 Recorded Aug 1831 Estate Papers comprise seven pages and are found in a folder labeled "Whyte, William (1830)" Fall Term, 1850, William Joseph Whyte, and infant of the age of twenty years, son of the testator. Other heirs are Thomas E. and Rebecca Ann Whyte. Testator died in Chapel Hill in 1830. Estate includes house and lot on Front Street in Chapel Hill.