Orange County NcArchives Wills.....Alves, Gavin October 17, 1811
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 352-358
Written: October 17, 1811
Recorded: unknown date
Testator: Gavin Alves
(1)
To All To whom these Presents shall come,
I Gavin Alves, of the County of Orange
and state of North Carolina, being of sound
and disposing Mind and Memory, consid-
-ering the Uncertainty of Human Life, and
Judging it proper that every Person should
make a disposition of his Property accord-
-ing to his own Will, and not leave it to
that of others, Do hereby make, ordain
and publish This my Last Will and
Testament, in Manner and form following
viz-
In the first place, I desire that my Executors, here
inafter named, shall without delay make Col-
-lections of all debts due to me, and pay such
as I may owe; also that they shall sell,
for ready Money, or on Credit as they may deem
most expedient, all my Real Estate not
otherwise here in disposed of, and that the
Amount of such Sales and Collections shall
after paying the following Bequests & Legacies,
be by them transmitted to my Aunts, Eliza-
-beth and Jean Hogg and my Cousin Jane Burgess, as
far as the amount of the of two Thousand dollars,
to be divided among them equally and to
the Survivors or Survivor of them ---
And I hereby authorize and Empower my
Executors or the Survivor of them to Grant
Deeds or other Legal Conveyances to the
Purchasers or Purchaser of my Real Estate
or any part thereof ---
In the next Place I will
[page 2]
(2)
I Will and desire that my Negro Man John
and my Negro Woman Esther be emancipated
and set free as soon as possible after my
Decease, and that my Executors take the
Legal and proper steps for effecting my
Wishes in this respect -- Also that my Negro
Boy Stephen son of Esther be bound to some
good Tradesman, at the discretion of my
Executors, until he arrive at the age of
Twenty one Years, and that the necessary
Measures be then immediately taken to obtain
his emancipation--
It is further my Will and desire that the
House wherein my said Negro Man John
now lives in Hillsborough, together with
["a fourth of" x-out] an acre including said House
and the shop, shall be appropriated and
set apart for the use of said Negro Man
John for and during his natural life,
And at his Death to be disposed off
by my Executors as heretofore directed--
=======
And Whereas considering that my Brother,
Sisters and other immediate Relations and
Connections, are already sufficiently In-
-dependent in their circumstances, and
that the distribution of my small pro-
-perty among them would be an object
of little Importance to them -- I have
deemed it proper to Bequeath the greater
part of what Property I possess to my
Aunts Elizabeth & Jean Hogg and my
Cousin Jane Burgess, as heretofore men-
-tioned, Believing that it will be both
necessary and acceptable to them --
Nevertheless, In token of my sincere affection
and re-
[page 3]
(3)
and regard, and as a Memorial of me ~~ I do
hereby Bequeath as Follows viz~~~~~
To my Brother Walter Alves my Gold
Watch bequeathed to me by General Thomas
Clark as a Memorial of Friendship and
Esteem, also the Gold Sleeve buttons given
me by my Father, my Pistols and the fol-
-lowing Books viz The old Family Bible,
Shakespeares Works, Washingtons letters and
Epistles, & Volneys Ruins, together with my
Trunk and Wearing Apparel ~~~~~
To my Sister Mrs. Helen Caldwell ["my" x-out]
["mother of pearl snuff box given me by my" x-out]
["Mother, also my Mother Gold Ring which" x-out]
["she gave me and which was her Wedding" x-out]
["Ring - Also" x-out] One hundred dollars in Money,
to be applied in the purchase of such
Memorial as she may think proper ~~~~
To my Sister Mrs. Robina Norwood, my
optic Glass and Pictures, my Bed, Bedstead
& furniture, my table & other articles of
household Furniture also Fifty dollars
in Money to be applied in purchasing
such Memorial as she may Choose ~~~
To my Niece Ann Alves Webb I bequeath
my riding Mare ["and" x-out] twenty five dollars
in money to be applied in purchasing
such Memorial as she may Choose ---
also The Scottish Chiefs & Arabian Nights en-
-tertainment ~~~~~~~~~~~~~
To my Sister in Law Mrs. Amelia Alves
Twenty five dollars, to my Nieces Mrs.
Anne Henderson, Elizabeth Alves & Eliza-
-beth Norwood Twenty dollars each, to
be applied by them Respectively in the
[page 4]
(4)
the purchase of such Memorial as they
may choose ---
And further as a Testimony of my Gra-
-titude to my Sister Robina Norwood, for
the trouble and anxiety I have occasioned
to her during my Illness & for her care
and attention towards me - I give and
bequeath to her my Negro Man Jonas ---
To my nephew John Huske I bequeath
my Mahogany Desk with Twenty five
dollars in Money, to be applied in pur-
-chasing such Memorial as he may choose ---
To my Nephew William Hooper, my Latin
Bible, Marshalls Life of Washington, and
the Spectator---
To my Nephews James Alves, William
Alves, and Thomas Hooper, the residue
of my Books not otherwise devised, to be
equally devided among them at the dis-
-cretion of my Executors ----
To William Alves my set [of] Knee buckles
& Stock Buckle which I received from my Brother
To my Nephew James Hooper my
Concert flute & Music Books ----
I bequeath to my Friend the Reverend
Joseph Caldwell -- Tate & Bradys Psalms
Butters Sermons, Lucas on Happiness, Ossians
Poems, Priestley on Christianity, and Origins
of Language -----
To my friend Dr. James Webb [much struck out here]
& Playfairs Map & description of
Spain and Portugal --------
[page 5]
(5)
To my friend Richard Henderson Esqr
I give my Voice flute, my Fiddle and
the following Books, The Federalist,
Locke on Education, Depons travels and
Martin on Executors ----
To my Friend William Norwood Esquire
I give my Saddle & Bridle ---
To my Friend James Child Esqr
I give Adams' defense, Political dis-
-quisitions, ["Rowlets Tables of Interest" x-out]
& my Silver Pencil----
To my Friend Catlett Campbell Esqr
my Silver Spectacles----
It is my Will and desire that my Executors
shall remitt from time to time to my
Aunts Elizabeth & Jean Hog and Jane
Burgess such sums as they may collect
after providing for the aforementioned
Bequests --- And If it shall so happen
that after paying the aforesaid Legacies
and remitting two thousand dollars to
my said Aunts Elizabeth & Jean Hogg &
my Cousin Jane Burgess any surplus shall remain then and
in that Case the Surplus is to be
divided between my Brother and
Sisters and my Nephew John Huske
and Niece Ann Alves Webb or their
heirs respectively equally, that is, each
to have one fifth part ----
And Whereas my
[page 6]
(6)
my Father James Hogg died seized of a
Legal Estate in some lots of land in
Henderson & Companies Grant in Kentucky
the equitable right whereof was sup-
-posed to be vested in some Persons un-
known, and have remained unclaimed
and it is supposed will continue to be
so --- And the said lands amounting to up-
-wards of seven hundred acres, &[?] ["un-"?]
-divided and situated in small parcels
in various Lots whereof my Brother
Walter Alves has a right or title--
I do therefore bequeath to him all right
title or Interest either in Law or Equity
which I may possess to the same lands
or any other Lands in Kentucky
And Lastly. I hereby Nominate and
appoint my Brother Walter Alves
and my friend Doctor James Webb, my
Executors to this my last Will and Testament
Requesting their Care and attention to
my several Requests--- And it is my Will
that they retain a reasonable and ample
compensation for their Expence & Trouble in
Carrying my Will into Execution ---
And I do hereby Publish and Declare
this to be my Last Will & Testament
written on the forgoing six pages by my
Brother Walter Alves in my presence
and at my special request -- the follow
ing Interlineations being noted & made
before Signing viz -- in page 1st, line 25
[page 7]
The words "my Cousin" interlined, also in
page 5th & line 23rd the words "any Surplus shall remain"
being interlined --- In Testimony whereof
Signed, Sealed, Published, and } I have hereunto set
Declared by the Testator to be } my hand and af-
his Last Will and Testament } fixed my seal this
In presence of us who have } 17th day of October
in his presence & in presence } A.D. 1811 ---------
of each other hereunto subs- }
-cribed our names ----- }
Gavin Alves (seal)
James child Jurat
A. B. Bruce
James Webb qualified
W. Alves qualified
1811
["On?"] October 30th those articles marked thru with a pen
are already delivered ---
Codicil
All articles of any kind whatsoever not particu-
larly specified in the foregoing Will, I leave to the
disposal of my Executors, as they or either of them
may judge proper -- And whereas my Brother
Walter Alves did, on or about the 8th of Jany 1810,
agree on my behalf, and contract with James Hop-
kins, to sell him a tract of Land on Mountain
Creek belonging to me and gave the said
James an Obligation to execute to him a pro-
per conveyance for the same as soon as the
purchase money, viz, Two Hundred pounds Vir-
ginia
[page 8]
ginia Money with the Interest, should be fully
discharged; Now therefore, I hereby authorize
and request my Executors before named, or either
of them, to carry into full effect the contract afore-
said according to the terms mentioned in said
obligation, and to execute the necessary con-
veyances accordingly -----
In Testimony whereof, I have
hereto set my hand and affixed to my seal
the third day of January 1812
Signed, & Sealed Gavin Alves (seal)
as part of the foregoing will and declared as
such, in the presence of
James Child Jurat
A. B. Bruce
[Will Book Volume D, page 352]
To All to whom these Presents shall come
I Gavin Alves, of the County of Orange and state
of NoCarolina being of sound and disposing mind
and memmory considering the uncertainty of
Human Life and Judging it proper that
Every Person should make a disposition of
[Will Book Volume D, page 353]
of[sic] his property according to his own Will and not
leave it to that of others Do hereby make ordain and
Publisk[sic] This my last Will and Testiment in
manner and form following (Viz) In the first
Place, I desire that my Executors hereinafter
Named shall without delay mak[e] collections of
all debts due to me and pay such as I may Owe
also that they shall sell for ready money or on Credit
as they may deem most Expedient all my Real
Estate not Otherwise herein disposed of, and that
the amount of such sales and Collections shall
after paying the following Bequests and Legacies
be by them transmitted to my aunts Elizabeth
and Jean Hogg and my Cousin Jane Burgess as
far as the amount of the of two thousand Dollars to be
Divided among them Equally and to the
survivours or Survivour of them ~~~ and I
hereby Authorize and Empower my Executors
or the survivor of them to Grant deeds or other
Legal conveyances to the Purchasers or Purcha
-ser of my real Estate or any Part thereof ~~~
In the next Place I Will and desire that
my Negro Man John and my Negro Woman Esther
be emancipated and set free as soon as Possible
after my decease, and that my Executors take
the legal and Proper step[s] for effecting my
wishes in this respect ~~ Also that my Negro Boy
Stephen son of Esther be bound to some good
Tradesmans at the Discretion of my Executors
untill he arrive at the Age of Twenty one years
and that the Necessary Measures be then Im
-mediately taken to obtain his emancipation ~~
[Will Book Volume D, page 354]
It is further my will and desire that the house wherein my
said Negro man John now lives in Hillsborough together
with an acre including said house and the shop
shall be appropriated and set apart for the use
of said Negro man John for and during his natural
life and at his death to be disposed of by my Exec
-utors as heretofore directed ~~~~ And Whereas considering
that my brother Sisters and other Immediate relations
and connections are already sufficiently Independent in
there[sic] circumstances and that the distribution of my
small property among them would be an Object
of little Importance to them ~~~ I have deemed
it Proper to Bequeath the greater Part of what
Property I Possess to my aunts Elizabeth and Jean
Hogg and my Cousin Jane Burgess as heretofore mention
-ed Believing that it will be both necessary and
Exceptable[sic] to them Nevertheless In token of my sincere
affection and regard and as a memorial of me
I do hereby Bequeath as Follows (Viz) To my brother
Walter Alves my Gold watch bequeathed to me by
General Thomas Clark as a memorial of friendship
and Esteem, also the Gold Sleeve Buttons given me
by my Father my Pistols and the following books
(Viz) The old family Bible Shakespears works washingtons
letters and Epistles and Volneys Ruins together with my
Trunk and wearing apparels ~~~ To my Sister Mrs. Hellen
Caldwell one hundred dollars in money, to be applied
in the purchase of such memorial as she may
think Proper ~~~ To my Sister Mrs. Robina Norwood
my optic glass and Pictures my bed bedstead and
furniture my Table and other articles of household
furniture also fifty dollars in money to be applied
in purchaseing such memorials as she may Choose
To my Niece Ann Alves Webb I bequeath my riding
mare and twenty five dollars in money to be applied
in purchaseing such Memorials as she may Choose
also the scottish Chiefs and arabians nights enter
tainments ~~~~~ To my Sister in Law Mrs. Amelia
Alves Twenty five dollars ~~ to my Nieces Mrs. Anne
[Will Book Volume D, page 355]
Mrs. Anne Henderson Elizabeth Alves and Elizabeth
Norwood Twenty dollars Each to be applied by them
respectively in the purchase of such Memorials
as they may Choose ~~~ And farther as a Testimony
of my Gratitude to my Sister Robina Norwood
for the trouble and anxiety I have occasioned
to her during my Illness and for her Care & attention
towards me I give and bequeath to her my
Negro Man Jonas ~~~ To my Nephew John Huske
I bequeath my Mahogany desk with twenty five
dollars in money to be applied in purchaseing such
memorials as he may Choose ~~~ To my Nephew
William Hooper my Latin Bible Marshalls life
of Washington & the Spectator ~~~ To my Nephews
James Alves William Alves and Thomas Hooper
the residue of my books not otherwise divided [orig: devised] to
be Equally divided among them at the discretion
of my Executors ~~~~ To William Alves my set [of] Knee
Buckles and stock buckles w[h]ich I received from
my brother ~~ To my Nephew James Hooper my concert
flute [and] Music Books ~~~ I Bequeath to my friend
the Reverend Joseph Caldwell Tate & Bradys
Psal[m]s Butters surmons Lucas on Happiness Ossians
Poems Priestley on Christianity and bringing [orig: Origins] of langua
-ge ~~~ To my friend Dr. James Webb a [&] Playfairs
map and description of Spain and Portugal ~~~
To my friend Richard Henderson Esqr. I give my voice
flute my fiddle and the following books The
feder[a]list Locke on Education Depons Travels
and Martin on Executors ~~~~ To my friend William
Norwood Esqr. I give my Saddle and bridle
[Will Book Volume D, page 356]
and bridle ~~~ To my friend James Child Eqr. I give Adams
defense Political disquisitions and my Silver Pencil ~~~
To my friend Catlett Campbell Eqr. my silver Specta-
-cles ~~ It is my will and desire that my Executors
shall remit from time to time to my aunts Eliz.
and Jean Hogg & Jane Burgess such sums as
they may collect after providing for the afore ~~~
Mentioned Requests[orig: Bequests] ~~ and If it shall so happen
that After Paying the aforesaid Legacies and
remitting two thousand dollars to my said aunts
Elizabeth and Jean Hogg and my Cousin Jane
Burgess any surplus shall remain then and
in that Case the surplus is to be divided between
my Brother and sisters and My Nephew John Huske
and Niece Ann Alves Webb or their heirs respectiv-
-ely Equally that is each to have one fifth part
and whereas my father James Hogg died seized of a
legal Estate in some lots of land in Henderson and
Companies Grant in Kentucky the Equitable right
whereof was Supposed to be vested in some Persons
unknown, and have remained unclaimed and
it is supposed will continue to be so and the
said lands amounting to upwards of seven
Hundred Acres, are [See Note 1] in various lots wher[e]of my
brother Walter Alves has a right or title ~~ I do therefore
bequeath to him all right title or Interest either
in law or Equity which I may Possess to the same
lands or any other Lands in Kentucky ~~~ and
Lastly. I hereby Nominate and appoint my
Brother Walter Alves and my friend Doctor
[Will Book Volume D, page 357]
James Webb my Executors to this my last Will and
Testament Requesting there[sic] Care and attention
to my several requests ~~~ And it is my Will that they
retain a reasonable and ample compensation
for their Expenced trouble in Carrying my
Will into Execution ~~~ And I do hereby Publish
and Declare this to be my last Will and
Testament written in the foregoing six pages
by my brother Walter Alves in my presence
and at my special request the following
Interlineations being noted and made before
Signing (Viz) in Page 1st, line 25 the words
my Cousin interlined also in page 5th and line
23rd the words any Surplus shall remain being
Interlined ~~ In testimony whereof signed
Sealed Published }
declared by the testator to be }
his Last Will and Testament } Gaven Alves (seal)
In presence of us who have in }
his presence & in presence }
of each other hereunto subscribed }
our names ~~~~~~ } James Webb qualified
James Child } William Alves qualified
A. B. Bruce }
October 30th those articles marked thru with a pen are
already delivered ~~~~~~~~~~~~~~~~~~~~~~~~
[Codicil]
All articles of any kind whatsoever not particularly
specified in the foregoing Will I leave to the disposal
[Will Book Volume D, page 358]
disposal of my Executors as they or Either of them
may Judge Proper and whereas my Brother
Walter Alves did, on or about the 8th of January
1810 agree on my behalf and contract with James Hopkins
to sell him a tract of land on Mountain Creek
belonging to me and gave the said James an
obligation to execute to him a Proper conveyance
for the same as soon as the Purchase
money (Viz) Two hundred pounds Virginia
money with the Interest, should be fully discharged
Now therefore I hereby authorize and request my
Executors before named or either of them to carry
into full effect the Contract aforesaid according
to the termes mentioned in said obligation, and
to Execute the necessary conveyances accordingly
In Testimony whereof I have hereto
set my hand and affixed to my seal the third
day of January 1812
Signed and sealed Gavin Alves (seal)
as part of the foregoing will and declared as such
in the presence of
James Child
A. B. Bruce
Additional Comments:
Will Book Volume D, pages 352-358
Recorded unknown date
Note 1: this sentence different from the loose will.
"Depons travels" is more fully: Depons, Francois Raimond Joseph. Travels in Parts of South America: During the Years 1801, 1802, 1803, and 1804; Containing a Description of the Captain-Generalship of Carraccas [Caracas in Venezuela], with an Account of the Laws, Commerce, and Natural Productions of that Country; as also a view of the customs and manners of the Spaniards and Native Indians.
Estate Papers comprise five pages and are found in a folder labeled "Alves, Gavin (1812)". Inventory partially transcribed below.
[Estate Papers - Inventory 1 July 1812]
Inventory of the Personal Estate of Gavin Alves
Esqr. last of Hillsborough taken 1st July 1812
Cash on hand $22 Twenty two dollars
Negroes
4 viz John, Jonas, Esther & her son Stephen
[sundry articles omitted]