WAKE COUNTY, NC - WILLS - William Ruffin, 3 Oct 1822
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WAKE COUNTY - Raleigh, NC    Will of William Ruffin - 1825

     I, William Ruffin of Raleigh, do make and publish this writing as my 
last will and testament.
     
     I give my whole Estate real and personal and wheresoever situated, in
fee simple to my brother-in-law, Thomas Ritchie of Richmond and my nephew, 
Thomas Ruffin, of Hillsborough, as Trustees for the purposes hereinafter 
expressed.
     
     My will is that my Trustees, at such time or times, and upon such terms
and in such manner as they may think best, sell my Estates, or lease and hire 
the same out or otherwise dispose thereof until a Sale, so as to make the
same the most productive in their power, according to their own judgment and 
out of the profits or the proceeds of sale of my Estate/ which I make one 
aggregate fund in their hands without any distinctions between real or 
personal property designing hereby to turn the whole out and out into 
personally in their hands that my Trustees pay my just debts in the first 
place, including the sum of thirty two hundred and twenty eight dollars and 
forty cents to my son, John, herein after mentioned:  and after making the 
said payments then my will is that my Trustees hold the clear residue of my 
Estate as a fund for the maintenance of my wife and my two children, Frederick 
and Caroline and for that purpose that they annually pay to my wife, before
a sale of the property, if my Trustees think proper not to sell the annual
profits thereof, if necessary, and after a sale the interest or dividends 
arising upon the money or other thing in which the money may be by then 
invested--and to all these ones, I declare my will to be, that I allow  to my
Trustees their unlimited discretion both as to the time, manner and terms of 
sale of my property and also as to the investment of the proceeds of sale 
thereof in Government or Bank Stocks and lending the same to individuals upon 
interest, except only that no part thereof is to be laid out in the purchase 
of land or houses; and also that I allow them the like discretion as to 
changing from time to time the securities or stocks in which the money may be 
invested by selling out or collecting the money and reinvesting the same, as 
they may think best:  And my will further is that in no case but one of the 
most urgent necessity in the opinion of my Trustees, shall more than the 
annual income of my Estate be paid annually to my wife for the support of 
herself, and my said two children, or to require them see to the application 
by her of any part of the monies to their use because I confide them wholly to 
the tenderness and care ofctheir mother, and mean that a payment to her shall 
be a discharge to my Trustees and my will further is, that upon the death of 
my wife, one half of the fund then in the hands of my trustees be equally 
divided between my sons, Archibald, Robert, William, John and Albert and my 
grandson John M. Ruffin, the only child of my late son, Thomas, share and 
share alike; and that the other half be held and kept by my Trustees as a fund 
for the support of my children, Frederick and Caroline and be applied thereto, 
both as to profits and principal as may be requisite and proper in the opinion 
of my trustees during the lives of my said two children. But if Caroline 
should marry in her mother's life time, then and in that case I direct my
Trustees to pay over to her husband one equal fourth part of the said clear
residue of my estate than in their hands, as her share upon her marriage, or 
as soon thereafter as the situation of the Estate will admit; and if she 
should be single at the death of her mother and afterwards marry and have a 
child born then and in that case my will is that the fund reserved above for 
Frederick and Caroline be equally divided by my Trustees and one half thereof 
paid to my said Daughter as her portion.

If however, Caroline should not marry before her mother dies or if she
should not have a child born, in case she marry afterwards, then and in those 
cases I give to my said sons, Archibald, Robert, William, John and Albert and 
my grandson, John, the said share and portion of my daughter, to be divided 
equally between them upon her death, or that part thereof that may be 
remaining unexpended at her death. 

And my will also is that whosoever may remain in my Trustees hands either of
principal or increase of the portioner fund provided for the support of my 
son, Frederick be, upon hi death, equally divided between my said five sons 
and my grandson, John, it being my intention to give to Frederick in no event 
a greater interest in or power over the said portion than merely a provision 
for his support during his life--and that no misapprehension may arise 
concerning the above legacy of thirty two hundred and twenty eight dollars and 
forty cents to my son, John, it is proper that I should state that in the 
purchase of the Hotel and my other property in Wake and the stages, my son 
John advanced as a part of the stock by the assistance of his Uncle Sterling 
and his cousin, Thomas, the sum of three thousand dollars and hath continued 
with me ever since in the management of the house.  For the purpose of more 
easily settling and disposing of my Estate, both he and I have thought it best
that he should abandon his interest in the property and that the whole should 
be considered as mine in severalty from the beginning;  & therefore we have 
settled upon those terms, and I do hereby declare all the debts now in Bank, 
either in our joint names or in my own or in his and also the debt due to my 
brother, Sterling's estate on the bond given by my said son and myself to my 
Brother's Executors to be my own exclusive debts; and that he said sum of 
thirty two hundred and twenty eight dollars and forty cents is made up of the 
sum of Two thousand dollars and of the further sum of Three hundred dollars 
per annum from the beginning of our business to the first day of January next, 
which I have allowed for my sons interest in and attention to the business 
after deducting his account with me upon my books. I therefore consider the 
said sum rather in the light of a debt to my son, than a legacy; and 
furthermore, over and above the said sum I will and direct that my Trustees 
pay to him the sum of three hundred dollars pr annum from the first of January
next until my death, if he should so long live with me in my business or after 
that rate while I carry on my present business and he shall attend to it, but 
it is to be understood, that the whole is subject to the state of the accounts 
between us at my death and that any monies that he may then owe me are to be 
deducted from this particular legacy to him and whereas my wife's mother gave 
to her a small sum of money many years ago which was invested in stock of the 
Bank of Virginia, in the name of my wife and the dividends have also been so 
invested, so that there are now thirteen or fourteen shares which I always 
looked on as her separate property, I do therefore hereby declare, that I do 
not consider any of the said stock as a part of my Estate, and do hereby give 
to my wife immediately upon my death all the stock that may be in her name or 
mine in the said Bank, at my death, as her absolute property.

And whereas many years ago I settled a tract of land in Brunswick County in
Virginia on my wife and children which I have since sold to a Mr. Claiborne
and wish to make the title good, I do therefore require my wife and children 
respectively (except my son Frederick) to convey the said lands to the said 
Claiborne, or his assigns or as my Trustees may direct, before they shall 
derive any benefit of any of the legacies in this will;

   As to the share of Frederick that the portion herein provided for him
shall make good, if need be, his interest in the Brunswick lands and 
furthermore my will is that if only one of my Trustees shall prove this will 
as Executor thereof and act in its execution or if both should so do and one 
shall die, then and in those cases, that one proving the will and acting under 
it or the survivor of them shall have full power and authority to perform all 
the Trusts, make sales, and do all other acts that both might, if they had 
both proved the will and were living. 

   And also that one of my Trustees shall not be liable for the acts of the
other or for monies received by the other or misapplied or wasted by the 
other; but each one of them shall be liable for his own particular acts and 
for the monies misapplied by himself alone.
    And furthermore, I have to express my particular wish that my wife would
as far as she can raise and educate our poor little grandson, John W. 
Clelland, leaving it however as to the manner and expense, altogether to her 
ability and her own discretion.
    And I do hereby appoint my said friends, Thomas Ritchie and Thomas Ruffin, 
the Executors of this will which I have subscribed with my proper hand and 
dated this 3rd day of October 1822.          

					William Ruffin

Signed, declared and published by the
Testator in our presence and attested
by us in the presence of the Testator and of
each other and by his request.

Jun Sneed
Bev Daniel
Wm. T. Hayley
Alexander Mitchell

And in and by the said Codicil the said Testator devised and bequeathed as 
follows also to wit.

State of North Carolina    City of Raleigh
Codicil to the Last Will and Testament of William Ruffin of the City and State
aforesaid.

Whereas on this_____ day of the year_____ , I made my last will and testament 
(which was afterwards deposited for safe keeping in the hand of Thomas Ruffin, 
esq of Hillsboro) and therein and thereby (amongst other things) gave, devised 
and bequeathed unto my son Archibald R. Ruffin a certain portion (therein
specified) for my estate; and whereas the provision above referred to would 
not sufficiently secure my object of providing for the comfort and necessities 
of my said son's family:

Now, therefore, I, the said Testator, have made this codicil to my said
will; and I do hereby give, devise and I bequeath unto the said Thomas Ruffin, 
his heirs, executors and administrators, the whole of the portions, so as 
aforesaid given, devised, and bequeath to my said son: In Trust, nevertheless,  
and upon this express condition, that they shall hold the same subject to the 
sole and separate use of Catherine Ruffin, wife of my said son, during her 
life, independent of the control of her said husband, or of any liability for 
his debts or contracts and on this further trust, that after the death of said 
daughter-in-law, they shall hold the same in trust for my said son, his heirs, 
executors and administrators forever.

In witness whereof, I have hereunto set my hand and affixed my seal, this
29th day of August A.D. 1825.

		     William (his mark) Ruffin   SEAL

Signed, sealed, published and declared by the above named Testator, as his
codicil to his last will and testament, on the day of the date thereof, in 
presence of us, who at his request have signed the same as subscribing 
witnesses in presence of the said Testator and of each other.

Wm H. Hunter
Robert W.B. Mazill
Jas Henderson