Orange County NcArchives Wills.....Woods, Joseph September 25, 1851 ************************************************ 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 G, pages 26-29 Written: September 25, 1851 Recorded: Nov 1852 Testator: Joseph Woods In the name of God Amen ! I Joseph Woods, of the county of Orange and the State of North Carolina being of sound Mind and disposing mem ory (blessed be God) but feeble in body Do make this the Twenty fifth day of September in the Year of our Lord one thousand Eight Hundred and fifty one. & publish this my last will and Testament in manner and form following ! Item the first - I give and bequeath to my son Hugh Woods one negro woman by the name of Pleasant and one negro by the name of Haywood. Also, one Bed and furniture and a negro girl by the name of Kizza or the proceeds of said girl Kizza if I sell her before my death! Item Second - I give and bequeath to my son James Woods One tract of Land whereon he now lives Containing Two Hundred and Five acres more or less and Two negroe girls by the name of Amelia and Betsy. Further= more I give to his son Lambert Woods - my grandson, the tract of land whereon I now live and reside Containing Two Hundred and Twenty Five Acres more or less. Provided the said Lambert Woods shall pay to my grandson Eli Woods son of John Woods Decd the sum of Three Hundred Dollars. Item 3d - I give and bequeath unto the heirs of my son Eli Woods deceased the tract of land whereon he lived and died. Beginning about Six rods above the new ford on [page 2] 2d the south branch of Little River one the road leading from Eli Woods' to Elinor Woods' running thence on a north course to John Woods or the Nealy line so as to make three Hundred and sixty acres (360). I also give to my son Eli Woods' heirs one negro girl by the name of Sook. The distribution of all the abovenamed property bequeathed to the heirs of my son Eli Woods is to be governed by the will of said Eli Woods: (I mean his last will and Testament) Item 4th - I give and bequeath to my son John Woods, deceased, a negro named Dave ! ["David" ? ] Item 5th I give and bequeath to my daughter Mary Rhew (Mary Rhew) one negro woman named Milly and her two children Mary and Charles and also one girl by the name of Darkey and one Hundred Dollars in money. Item 6th - I give and bequeath to my daughter Elizabeth Hall, now deceased, one negro woman named Mahaley and her two children by the names of Holly and Hannah and one girl by the name of Harriet and one Hundred Dollars in money to her and the heirs of her body. (I mean the children of this said Elizabeth Hall deceased which are now living) also one cupboard! Item 7th I give and bequeath to my son William Woods (of Tennessee) Twenty Five Dollars in Money ! Item 8th I also give and bequeath to my daughter Elizabeth Hall deceased or to her children [page 3] 3rd now living the heirs of her body one negro woman named Crecia and her three children Harriet Haywood and Fillis which negros are to be valued and go towards the proportion of my said daughter Elizabeth or her said children the heirs of her body of my estate and if the valuation shall be more than a due proportion of my estate then she the said Elizabeth or the said children the heirs of her body shall refund to the Estate all that is over ! Item 9th I also desire that my two Grand- daughters Adeline and Elizabeth daughters of my son Eli Woods decd shall draw one third more of my Estate than the other three children viz. Washington Lucy & Susan ! Item 10th - I also desire that all my negroes not mentioned in my last Will and Testament or otherwise disposed of togeth- er with all my property of - every discrip- tion not herein mentioned or otherwise disposed of shall be sold after my death and the proceeds arising from such sale as well as all monies coming into the hands my Executor of Executors hereinafter named, from the collection of any debts bonds &c due me, shall (after paying all my just debts) be equally divided between my abovementioned children with the exception of my son William Woods and my daughter Mary Rhew. I desire and will that - that part of my estate which would be giving to the said Mary [page 4] 4th Rhew shall be Equally divided between ["five of" x-out] her children, viz. Sarah Francis Carrington, Lambert Hall Robert Hall Jane Hall Martha Hall Alexander Hall and William Hall being children of my said daughter Mary by her first hus= band William Hall deceased - I do hereby nominate and appoint my worthy son James Woods and my Grand son Joseph Woods Executors of this my last will and Testament. In witness whereof I the said Joseph Woods have hereunto set my hand and affixed my seal this day and year first above written. In presence of Jas L. Leathers Joseph Woods (seal) J B. Leathers Jurat [Will Book Volume G, page 26] In the name of God, Amen! I Joseph Woods of the County of Orange and the State of North Carolina, being of Sound mind and disposing memory (blessed be God) but feeble in body Do make this the twenty fifth day of September in the year of our Lord One thousand eight hundred and fifty one & publish this my last will and testament in the manner and form following: [Will Book Volume G, page 27] Item the first - I give and bequeath to my son Hugh Woods one negro woman by the name of Pleasant and one negro by the name of Haywood. also one Bed and furniture and a negro girl by the name of Kizza or the proceeds of said girl Kizza if I sell her before my death! Item the second I give and bequeath to my son James Woods one tract of Land whereon he now lives containing Two hundred and five Acres more or less, and two negroes girls by the names of Ame- lia and Betsy. Furthermore I give to his son, Lambert Woods my Grandson, the tract of land whereon I now live and reside Containing Two hundred and twenty five acres more or less provided that the said Lambert Woods shall pay to my grandson Eli Woods the son of John Woods Dec'd the sum of three hundred dollars. Item 3rd I give and bequeath unto the heirs of my son Eli Woods Dec'd the tract of land whereon he lived and died. Beginning about Six rods above the new ford on the South branch of Little River on the road leading from Eli Woods' to Elinor Woods' running thence a North course to John Woods or the Nealy line so as to make three hundred and sixty acres (360). I also give to my son Eli Woods' heirs one negro girl by the name of Sook. The distribution of all the above named property bequeathed to the heirs of my son Eli Woods is [to] be governed by the will of said Eli Woods: (I mean his last will and testament) Item 4th I give and bequeath to my son John Woods deceased one negro named David. Item 5th I give and bequeath to my daughter Mary Rhue one negro woman named Milley and her two children Mary and Charles and also one girl by the name of Suckey and one hundred Dollars in money. Item 6th - I give and bequeath to my daughter Elizabeth Hall, now Dec'd one negro woman named Mahaley and her two children by the names of Holly and Hannah and one girl by the name of Harriet and One hundred Dollars in money to her and the heirs of her body. (I mean the children of this said Elizabeth Hall deceased which are now living) also one Cupboard. [Will Book Volume G, page 28] Item 7th I give and bequeath to my son William Woods (of Tennessee) twenty five dollars in money. Item 8th I also give and bequeath to my daughter Elizabeth Hall, deceased, or to her children now living the heirs of he body one negro woman named Susia[Louisia?] and her two children Harris Haywood and Fillis which negroes are to be valued and go towards the proportion of my said daughter Elizabeth or her said Children the heirs of her body, my estate and if the valuation shall be more than a due proportion of my estate then the said Elizabeth, or the Said Children the heirs of her body shall refund to the estate all that is over! Item 9th I also desire that my two granddaughters Adeline and Elizabeth, daughters of my son Eli Woods deceased shall draw one third more of my estate than the other three children Viz. Washington, Lucy and Susan! Item 10th - I also desire that all my negroes not mentioned in my last will and testament or otherwise disposed of together with all my property of every description not herein mentioned or otherwise disposed of Shall be sold after my death and the proceeds arising from such Sale as well as all monies coming into the hands my executors hereinafter named from the collection of any debts bonds &c. due me shall (after paying all my just debts) be equally divided between my above named Children with the exception of my son William Woods and my daughter Mary Rhew. I desire and will that that part of my estate which would be given to the said Mary Rhew Shall be equally divided between her children Viz. Sarah Francis Carrington Lambert Hall Robert Hall Jane Hall Martha Hall Alexander Hall and William Hall being Children of my said daughter Mary by her first husband William Hall, deceased - I do hereby nominate and appoint my worthy son James Woods and my Grandson Joseph Woods Executors of this my last will and testament In witness whereof I the said Joseph Woods hereunto set [Will Book Volume G, page 29] my hand and affixed my seal this day and year first above written. Joseph Woods (seal) In the presence of } Jas L. Leathers } J. B. Leathers jurat } Orange County Court November Term 1852 The execution of the foregoing last will and testament of Joseph Woods deceased was duly proved in open Court by James L Leathers and John B. Leathers two of the subscribing witnesses thereto and ordered to be recorded At the same time James Woods and Joseph Woods the Executors therein named appeared and Qualified accordingly Test Additional Comments: Will Book Volume G, pages 26-29 Recorded Nov 1852 The writer of this will often uses exclamation marks in the place of periods. The testator, Joseph Woods, was the son of Hugh Woods. He was born 26 June 1750 in Orange County, NC; and died 12 September 1852 in Orange County, NC. Joseph is buried in the Little River Cemetery, outside of Hillsborough, Orange County, NC. Estate Papers comprise 36 pages and are found in a folder labeled "Woods, Joseph (1852)". There was a petition, dated May 1854 to set aside the will, asserting that the testator was incapable of writing a will when this will was written. Lucy Woods married David McKee Susan married Charles Nichols [Estate Papers - Petition to Sell Negroes Nov 1852] State of North Carolina } County Court Orange County } Nov Term 1852 To the worshipful the Justices of said Court: The Petition of James Woods and Joseph Woods executors of Joseph Woods deceased Respectfully sheweth unto your Worships that Joseph Woods Senior Late of Orange County departed this life in September last, leaving a last Will & testament properly executed for the purpose of passing both his real and personal estate and [x-out] therein appointing your petitioners his executors who have at the pre= sent term of this Court caused the will of said Joseph Woods to be duly proved and have quali= fied as executors and entered upon the dis= charge of their duties as such: Your petitioners further shew that their said testator after sunder [sundry] legacies of negroes and other things directs his executors to sell among other things all the rest of this negroes not otherwise disposed of in his will, who are nine in number, by the names of Sam, Isham, Henderson, Celia, Rachael Mary, Catherine, Spencer, Pleasant; Your Petitioners pray that by an order of this court they may be directed to sell said slaves &c J.W. Norwood Sol for Pltffs [page 2] This case coming on to be heard upon the petition it is ordered that James Woods and Joseph Woods exrs of Joseph Woods decd sell negroes Sam, Isham, Henderson, Celia Rachael, Mary Catharine, Spencer, Pleasant, belonging the estate of Joseph Woods decd, at the late residence of the deceased, after 20 day public advertisement, on a credit of 9 months taking bond & good security, and hold the proceeds in their hands to be disposed of by them as the will of their said testator di= rects [Estate Papers - Sale of Negroes 27 Dec 1852] Sale of Negroes belonging to the Estate of Joseph Woods Snr Decd. , by his Executors James Woods Senr & Joseph Woods on the 27th day of December A.D. 1852 Purchasers Names Names of Negroes Cadwallader Jones Negro Boy Isam $1005. Ditto Ditto Do " Sam 657. Larkin Monk Do Woman Rachel 135. James R Miller Do Do Celia 65. Thomas Woods Do Girl Mary 535. Jno R Hall Do Boy Spencer 305. Do " Do Do Girl Pleasant 100. Turner Jones & Co. Do Boy Henderson 1035. William Daniel Do Girl Catherine 523. ______ $4369. [sundry items omitted] Hire of Negros from Monday Nov first to the 25th Day of December 1852 Josiah Turner Negro Man Sam 15.60 Dickson & Brown Do Do Isam 17.05 Josiah Turner Do Do Henderson 14.50 B Hazell & son Do Woman Rachel 6.00 Jno A. McMannen Do Do Celia 2.00 Jno Lockhart Do Girl Mary 1.00 ________________ $56.15 this 22d November 1852 $56.15