Wake County, NC - Will of William Shaw, 1838 ~~~~~~~~~~ The Last Will & Testament of William Shaw, of Raleigh, Wake Co., NC In the [name] of God Amen I William Shaw of the City of Raleigh, being of sound and perfect mind & memory this first day of December in the year of our Lord one thousand eight hundred and twenty seven, do make and publish this my last Will and Testament, in manner following, that is to say. Item 1 I direct that all my Just debts be paid out of any money belonging to my Estate as soon after my decease as may be convenient. Item 2 I give & bequeath to Priscilla and Helen Mary Shaw Daughters of David Shaw my nephew of Fayetteville the sum of one thousand Dollars to be divided equally between the two said sisters Priscilla & Mary Helen.* Said money to be laid out within one year after my decease in the purchase of Bank Stock, the dividends and other interests arising from said stock to be paid out from time to time in the purchase of additional Bank stock, for the benefit of said legatees untill the youngest Helen Mary* arrives at the age of 18 years or either she or her sister Priscilla marry, at which time the said Bank stock and its proceeds shall be equally divided between the two sisters as aforesaid. Should either of the sisters die before the period herein before mentioned, then and in that case the whole of the stock and its proceeds, shall go to the surviving sister, and in case both should die under age or before marriage, in that case the sold Bank stock shall belong to David Shaw their father and his heirs for ever. Item 3 I give and bequeath to the heirs of my nephew John Shaw of Muir Kirk in the Shire of Ayre in Scotland, and to his heirs all my real Estate lying and being in said town of Muir Kirk aforesaid, and on which my said Nephew John Shaw now lives to be equally divided amongst said heirs at such time and in such manner as may be deemed most conducive to the interest and happiness of said John Shaw and his children. In effecting this decision and the whole arrangement of the Estate it is my will that James Demster (?) and his wife Katherine be consulted and their advise taken and _______ my nephew John Shaw and his wife it is my will that they should during their lifetime be comfortably provided for and maintained on said Estate by their children the heirs, to whom I have given and bequeathed said Estate. Item 4 I hereby give and bequeath to my nephew William Shaw, son of Matthew Shaw, two hundred and fifty dollars, to be paid to him within one year after my decease. Item 5 I give and bequeath the sum of five hundred dollars to the following religious institutions, To the Bible Society of North Carolina at Raleigh, one hundred and fifty dollars, to be added to the existing permanent fund of said society; To the foreign Missionary Society the like sum of one hundred and fifty dollars; To the Presbyterian Missionary Society of North Carolina one hundred and fifty dollars and to the Raleigh Female Tract Society fifty Dollars. The above donation made to the Presbyterian Missionary Society of North Carolina, it is my will that it should be added to the existing permanent fund of said Society. The above legacies to the aforesaid religious societies shall be paid to their respective Presidents, as soon as convenient that is to say within one year and an half after my decease. Item 6 I hereby give and bequeath to wife Priscilla during her natural life, all the remainder of my property, both real and personal lying and being in the City of Raleigh and county of Wake and also at Cape May in the State of New Jersey consisting of Lands, Houses, Lotts, Negroes, Store Goods, Horses, Cattle, farming utensils, House hold and Kitchen Furniture, Bonds, notes, Book debts and other affects whatsoever, to have & to hold to use and improve said property during her lifetime for her own comfort and conveniences. Of her niece Hannah Callum and her two children, James and Mary Anne and respecting said Hannah Callum and her children, it is my wish that they should life with my wife Priscilla as one family to be in all respects maintained and provided for as heretofore has been the case during her widowhood. But shall she the said Hannah Callum Marry and wish to live separate from my wife Priscilla then and in that case I will and bequeath to the said Hannah Callum the sum of one thousand Dollars to be paid in money or in such articles as may be agreed upon between my wife Priscilla and said Hannah, and I also give and bequeath to said Hannah in case of such marriage for the term of five years and longer should my wife Priscilla think proper free from rent some one of my Houses and lotts to be specified by my wife Priscilla. Item 7 I give and bequeath to James Callum and Mary Anne Callum, children of Hannah Callum, on the death of my wife Priscilla all the property real and personal belonging to my Estate which may be in the possession at the time of her decease to be equally divided between them and if either of the said children James or Mary Anne should die before they come to age, in that case the whole of the said Property shall go to the survivor, and should both James and Mary Anne children of the said Hannah die before my said wife Priscilla, then and in that case my wife Priscilla shall make such disposition of said property as to her may appear advisable and proper. When I said above that my Wife Priscilla should have hold and use the property to her bequeathed during her lifetime for her own comfort and convenience it was not intended to preclude her from making donations to charitable or religious subjects to such intent as she may think proper. Lastly I do hereby appoint Joseph Gales, William Peael, the Rev. D. William McPeeters and also my wife Priscilla Executors & Executrix of this my last Will and Testament hereby making and annulling all former Wills by me made. William Shaw (seal) Signed Sealed Published heretofore and as the last will and Testament of William Shaw and acknowledged by him to be such in presence of the Witnesses whose names are hereunto subscribed. R. Haywood H. M. Miller I William Shaw being of sound mind and memory do hereby make and declare this as a codicil or appendage to the foregoing Will. viz. My wife Priscilla Shaw with the advise and consent of the Executors before named in my Will or a majority of them, shall have power to sell and dispose of any part or portion of my real Estate to be bequeathed for her use and benefit, during her natural life, in my said Will and for her convenience, and for the general interest of my Estate and should any sale be made as above per ____ and directed, my wife Priscilla with any two of my Executors are hereby authorised and empowered to make to the purchaser or purchasers of said real Estate a good and lawful title, and conveyance of the same. Witness my hand and [seal] 11 day of December 1824. Wm. Shaw (seal) The above is declared to be a codicil to his last Will and Testament and published and declared as such in our presence by William Shaw. Wm. McPheeters. Wiston Gales. The above inter______________ were made before the signing and sealing of the above codicil. Wake County February Term 1838 The last Will and Testament of William Shaw dec'd, on _________ with the Codicil _____ thereto was _____ in afore Court for probate. The said Will was duly proved by the oath of Doc. Rufus Haywood and Henry M. Miller. Exs. the witnefs thereto and the Codicil of said Will was proved by the oaths of Doc. William McPheeters and Wiston R. Gales, Witnesfs thereto and was therefore sworn to be Recorded. B. S. Kingetts (?) [Note: *Document states name as first "Mary Helen", then "Helen Mary".] ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Sharon Shaw ______________________________________________________________________