Orange County NcArchives Wills.....Armstrong, Joseph May 23, 1839 ************************************************ 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 F, pages 76-80 Written: May 23, 1839 Recorded: Nov 1840 Testator: Joseph Armstrong Be it remembered that I Joseph Armstrong living on the waters of Flat River and County of Orange & state of North Carolina being weak of Body but of sound and disposing mind & memory do make Constitute & appoint this to be my last will & testament in manner and form following (towit) In the first case I desire my Executors hereafter named to pay all my Just debts, as soon after my decease as the same may be convenient if any such debts should exist, &c ~~~ 2nd Case I give and bequeath to my Wife Peggy Armstrong all the following property ~~~ named in this Second Case on the following Conditions hereafter described (towit) Four Negroes called & known by the following names (towit) Daniel, Jacob, Tamar and Abraim, Two waggons & gear, One log chain, one fifth chain, all my stock of horses, all my stock of hogs, Sheep, Geese & bees, Ten head of cows, her choice, all my meat & Salt, all my Crop both old & new that is on hand at my death, one clock. One settee, the same is now in the possession of John B. Leathers, all the balance of my house hold and Kitchen furniture all my Carpenter tools all my farming Utensils one Wheat fann; one cut[t]ing machine, one grind Stone her choice, one half bushel her choice my old Walnut and pine plank, one barrel still & all my Jugs Runlets, Barrels, one Rum H.h.d all my mobby stands, one set of Black Smith tools, one pair of Steelyards her choice, two Cow bells, I also give and bequeath to the Said Peggy all my right in the amount of the sale of the Jonathan Watson lands, I also give to her Two hundred dollars to be paid out of my estate by my executors, all the above propperty I give and bequeath to the Said Peggy Armstrong to live on & the balance remaining at her death, I allow her to will or dispose of it among her own four children or her Grand children, if she remains my Widow, but if she does not remain my Widow, it is my will then for my Executors to take all the above named property & make a sale and sell all of it, to the highest bidder, and the proceeds of Said Sale, divide it equally between Nancy Coggin, James W. Armstrong, Mary Ann Parker & Parthinea Leathers each share & share alike I also give to the said Peggy Armstrong the use Service or benefit of all the following property named ["property" x-out] in the 2nd Case during her natural life or marage & no longer (towit) Three tracts or parcels of land all lying on Waters of Flat River first the tract that my father Wm. Armstrong lived on & died on, Containing 220. Acres, the 2nd is tract that I bought from Henry Berry Containing 17. Acres the third is a tract that I bought from my Brother Wm. Armstrong containing 216 acres & Seven links, also the use, Service or benefit of my Negroe man Samuel &c 3rd Case I give & bequeath to my daughter Nancy Coggin all the following property during her natural life & after her death to the begotten heirs & heirs's of her body for Ever (towit) Seven hundred & thirteen Acres of land it being part of a tract that I bought from Edward Wortham Joining John B. Leathers's Mill & others, and one other tract called the New entry Joining said tract & others containing Twenty one Acres the third is a tract that I bought from Stephen Clemments and containing Two hundred & Sixteen Acres (216) Also Six Negroes called & known by the following names (towit) Eve, Gilbert Mourning, Jinkins, Walker & Molley and all the futer increase of all the female Slaves for Ever, one Mare called Bonney one Saddle & bridle, four Cows & Calves Ten head of Sheep, Ten head of hogs, Three feather beds, three bedsteads & Cloathing 3rd Case continued over to the other Side [page 2] 3.Case, One China press, one box of China, One bureau, One Walnut folding Table, one dressing ditto, one Candlestand, one half dozen chairs, one pot and pot rack, one pair of Andirons, and Sundry other, Articles too tedious to assertain all the above has been received, it is my Will & desire for my Executors hereafter named to pay to my said daughter Nancy Twenty five dollars, to buy a Side board, I also give and bequeath to my Said daughter Nancy & to the begotten heirs & heirs's of her body as aforesaid, one half of one other tract of land, it is the same that I bought from the Newton family & Contains 500. Acres, by Col. Mulhollans Calculation but by the Newtons Deeds only 472 Acres, the land to be received as soon after my death when the time that I rented it out will be expired & no sooner &c &c ~~~~~~~~~ 4th. Case I give and bequeath to my son James W. Armstrong Ten Negros called & known by the following names (towit) Jude, Gilley, Henry, Harry, George, Winney, Manual, David, Aron, and Oliver, and all the futer Increase of all the female Slaves for Ever. --- Six hundred & thirty nine dollars, one feather bed & Cloathing all the house hold and kitchen Furniture that I had at the White House plantation also all the Crop of Corn, Oats, & Tobacco, all the Stock of Cows & hogs, at said plantation, all the above has been received. I also give and bequeath to my said son the following property to be received as soon as Convenient after the death or marriage of his mother Peggy Armstrong (towit) one half of three tracts of land all lying on the Waters of Flat River the first is the tract that my Father lived & died on & con= =taining 220 Acres the second is the tract that I bought from Henry Berry Containing 17 Acres the third is a tract that I bought from my brother Wm. Armstrong & Containing 216 acres and Seven links, also One Negroe man called Samuel. 5th. Case I give and bequeath to my daughter Mary Ann Parker all the following legacy named in this 5 Case during her natural life, and after her death to the begotten heirs & heirs's of her body for Ever (towit) Three tracts or parcils of land, first the tract I bought from Edward and Mary Harris containing 426 Acres more or less, the second is the tract that I bought from John McMullen Containing 91 9/10 Acres More or less, the third is the tract called the New entry Containing 83 1/4 Acres More or less, also the Five hundred dollars that I paid in the purchase of the John Webb plantation, also the following 12 Negroes called and known by the following names (towit) Toney, Lander, Thomas, Jamimah[Jemima], Willis, Sally, Minervey, Gilley, Martha, Margaret, Nelson and Glasgow, and all the futer Increase of all the female slaves for Ever, one horse saddle & bridle, three Cows and Calves, two Steers, Six head of Sheep, one Sow & pigs, Three feather beds three bedsteds and clothing, One China press one box of China, One Clock, One side board, one Walnut folding Table one Dressing Ditto, one Bureau one candle stand one pot & rack, Six chairs, and, Sundry other Articles too tedious to assertain, all the above has been received. I also give and bequeath to my said daughter Mary Ann Parker and to the begotten heirs & heirs's of her body as aforesaid One half of One other tract of land it is the tract that I bought from the Newton family & Contains 500 acres by Col. Mulhollans calculation, but by the Newtons deeds only 472 Acres to be received as soon after my death when the time that I rented it out is expired and no sooner &c &c ~~~~~~~~ [page 3] 6th. Case I give & bequeath to my daughter Parthenia Leathers all the following Legacy dureing her natural life, & after her death to the begotten heirs & heirs's of her body for Ever (towit) Three tracts of land first to tract that I bought from Asial Moore & Andrew Mc= =Broom Containing 489. Acres be the same more or less, the second tract is the tract that I bought from James Moore Esquire Containing 252 Acres be the same more or less -- the third tract is a tract that James Watson bought from Henry Moore, and willed by said Watson to my Wife P. Armstrong & Containing 203 3/4 Acres more or less -- this last tract I give to my said daughter Parthenia in the place of One or the Sixth Negroe, also 5 Negroes called & known by the following names (towit) Eliza, Harriot, Holley, Peter, & Mary, and all the futer Increas[e] of all the female slaves for Ever.. & One hundred dollars in the place of her gray mare, one saddle & bridle, four Cows & Calves, one Sow & pigs, three feather beds, three bedsteds & Clothing, one Side Board, One China press, one Box of China, One Bureau, One Walnut folding table, one dressing ditto, one Candle Stand, one iron Pot & rack, One half dozen Windsor Chairs, one pair Andirons, all the Sheep I left on Little River, all the above named property was received, I also give & bequeath to my said daughter during her natural life and after her death, to the begotten heirs & heirs's of her body for Ever, one half of three tracts of land all lying on the Waters of flat River, the first tract is the tract that my father Wm. Armstrong lived & died on Containing 220 Acres, the second is a tract that I bought from Henry Berry Containing 17. Acres, the third is a tract that I bought from my brother William Armstrong and Containing 216 acres and seven links, to be received as soon as Convenient after the death or mar[r]iage of her mother Peggy Armstrong &c It is my Will and desire for my Executors hereafter named to make a sale and sell all the property of mine that I have not willed or disposed of to the highest bidders, Also to sell my Cape Fear Bank stock, and my Cape Fear Navigation Company stock, to be sold in Hillsborough on a publick gathering day to the highest bidders, also collect all the money owing to me by bonds and book Accompts, and pay over to my Wife Peggy Armstrong Two hundred dollars agreeable to my Will in Second Case also pay over to my daughter Nancy Coggin the sum of Twenty five dollars, agreeable to my will in the third Case, also to pay all my Just debts if any such debt should exist & divide the balances equally between Nancy Coggin, James W. Armstrong, Mary Ann Parker, & Parthenia Leathers. I do Constitute make appoint and ordain Jesse P. Parker, George T. Coggin and John B. Leathers sole Executors to this my last will & testament I do hereby--- disannul all & every other former will and Executor or Executors by me in any wise be= =fore mentioned ratifying & Confirming this and no other to be my last will & Testament &c &c Signed Sealed published pronounced and declared by the } Said Joseph Armstrong as his last will & Testament in the } Joseph Armstrong (seal) presence of us who was in his presence & in the presence of } each other have hereunto set our names this 23rd day May AD 1839 } Andrew Gray Wm Gray Jurat Jesse Parker } A C M Gray John Leathers } qualifd. Enos Ross George T. Coggin } [Will Book Volume F, page 76] Be it Remembered that I Joseph Armstrong living on the Waters of Flat River an[d] County of Orange & State of North Carolina being weak of Body but of Sound [x-out] and disposing mind and memory do make Constitute & appoint this to be my last Will and Testament in manner and form following (towit) In the first case I desire my Executors hereafter named to pay all my Just debts as soon after my decease as the same may be convenient if any Such debts should exist, &c ~~~~~ 2nd Case I give and bequeath to my Wife Peggy Armstrong all the following property named in this Second Case on the following Conditions hereafter described (towit) Four Negroes called & Known by the following names (towit) Daniel Jacob, Tamar and Abraim, Two waggons & geer one log chain one fifth Chain all my stock of Horses, all my Stock of hogs, Sheep, Geese & Beese Ten head of Cows her choice all my meat & Salt all my crop both old & new that is on hand at my death one clock one settee the same is now in the possession of of[sic] John B Leathers all the balance of my House hold & Kitchen furniture all my Carpenter tools all my farming Utensils one Wheat fann one cutting Machine one Grind Stone her choice one half Bushel her choice all my Walnut & pine Plank one barrel still [&] all my Jugs Runlets Barrels one Rum H.h.d [Will Book Volume F, page 77] all my mobby stands one Set of Black Smith tools one pair of Steelyards her choice two Cow bells I also give and bequeath to the Said Peggy all my right in the Amount of the sale of the Jonathan Watson lands I also give to her Two hundred Dollars to be paid out of my estate by my Executors all the above property I give and bequeath to the said Peggy Armstrong to live on & the balance remaining at her death I allow her to will or dispose of it among her own four Children or her Grand Children if she remains my Widow but if she does not remain my Widow it is my Will then for my Executors to take all the above named property & make a sale and sell all of it to the Highest bidder and the proceeds of Said Sale divide it Equally between Nancy Coggin James W Armstrong, Mary Ann Parker & Parthinia Leathers each Share & Share alike ~~~ I also give to the said Peggy Armstrong the use Service or benefit of all the following property named in the 2nd Case during her natural life or mar[ri]age & no longer (towit) Three tracts or parcels of land all lying on Waters of Flat River first the tract that my father Wm. Armstrong lived on and died on, Containing 220 Acres the 2nd is tract that I bought from Henry Berry Containing 17 Acres the third is a tract that I bought from my Brother Wm. Armstrong Containing 216 acres & Seven Links also the us[e] Service or benefit of my negro man Samuel [&c] 3rd Case I give & bequeath to my daughter Nancey Coggins all the following property during her natural life & after her death to the begotten Heirs & heirs of her body forever (towit) Seven Hundred & thirteen Acres of land it being part of a tract that I bought from Edward Wortham Joining John B Leathers's Mill & others and one other tract called the New Entry Joining said tract & others Containing Twenty one Acres the third is a tract that I bought from Stephen Clemments & Containing Two Hundred & Sixteen Acres (216) Also Six Negroes called & known by the following names (towit) Eve, Gilbert, Mourning, Jinkins, Walker & Molly and all the futer increase of all the female Slaves for ever one Mare called Bonny one Saddle & bridle four Cows & Calves Ten head [of] Sheep Ten head of hogs Three feather beds three bedsteads & Clothing one China press one Box of China one Bureau one Walnut folding Table one dressing ditto one candlestand one half dozen chairs one pot and pot rack one pair of Andirons and Sundry other Articles too tedious to assertain all the above has been received it is my Will & desire for my Executors hereafter named to pay to my said Daughter Nancy Twenty five dollars to buy a Side board I also give and bequeath to my said Daughter Nancy & to the begotten heirs & heirs's of her body as aforesaid one half of one other tract of land it is the same that I bought from the Newton family & Contains 500 Acres, by Col. Mulhollan's Calculation [Will Book Volume F, page 78] but by the Newtons Deed only 472 Acres, the land to be received as soon after my death when the time that I rented it out will be expired & no sooner &c &c 4th Case I give and bequeath to my son James W Armstrong Ten Negros called & known by the following names (towit) Jude, Gilley, Henry, [Harry,] George, Winney, Manual, David, Aaron, and Oliver and all the futer Increase of all the female Slaves for ever, Six Hundred & thirty nine Dollars one feather bed & Clothing all the house hold and kitchen furniture that I had at the White House plantation also all the Crop of Corn Oats & Tobacco all the Stock of Cows & hogs at said plantation all the above has been received I also give and bequeath to my said son the following property to be received as soon as Convenient after the death or marriage of his Mother Peggy ~~~ Armstrong (towit) one half of three tracts of Land all lying on the Waters of Flat River the first is the tract that my Father lived and died on & Containing 220 Acres the second is the tract that I bought from Henry Berry Containing 17 Acres the third is a tract that I bought from my Brother William Armstrong & Containing 216 Acres and Seven links also One Negro man called Samuel ~~~~ 5th Case I give and bequeath to my daughter Mary Ann Parker all the following legacy named in this 5 Case during her natural life and after her death to the begotten heirs & heirs's of her body for Ever (towit) Three tracts or parcels of land first the tract I bought from Edward and Mary Har[r]is Containing 426 Acres more or less the Second is the tract that I bought from John McMullen Containing 91 9/10 Acres more or less the third is the tract called the new entry Containing 83 1/4 Acres more or less also the Five Hundred Dollars that I paid in the purchase of the John Webb plantation also the following 12 Negroes called and Known by the following names (towit) Toney, Lander, Thomas, Jamimah, Willis Sally, Manervey, Gilley, Martha, Margaret, Nelson and Glasgow, and all the futer Increase of all the female slaves for ever, one horse saddle & bridle three Cows and Calves two Steers Six head of Sheep one Sow & pigs Three feather beds three bedste[a]ds and clothing One China press one box of China one Clock One side board one Walnut folding Table one dressing Ditto one Bureau one candle stand one pot & rack Six chairs and Sundry other Articles too tedious to assertain all the above has been received I also give and bequeath to my said daughter Mary Ann Parker and to the begotten heirs & heirs's of her body as aforesaid One half of one other tract of land it is the tract that I bought from the Newton family & Contains 500 Acres by Col. Mulhollan calculation but by the Newtons Deeds only 472 Acres to be received as soon after my death [Will Book Volume F, page 79] when the time that rented it out is expired and no sooner &c &c 6th Case I give & bequeath to my Daughter Parthenia Leathers all the following legacy during her natural life & after her death to the begotten heirs & heirs's of her body for ever (towit) Three tracts of land first to tract that I bought from Asial Moore & Andrew McBroom Containing 489 Acres be the same more or less the Second tract is the tract that I bought from James Moore Esquire Containing 252 Acres be the Same more or less ~~~ the third tract is a tract that James Watson bought from Henry Moore and willed by said Watson to my Wife P Armstrong & Containing 203 3/4 Acres more or less this last tract I give to my said daughter ["Parker" x-out] Parthenia in the place of one or the Sixth Negroe, also 5 Negroes called & known by the following names (towit) Eliza, Harriet, Holly, Peter & Mary and all the futer Increase of all the female slaves for Ever & one Hundred Dollars in the place of her grey mare one Saddle & bridle four Cows & Calves one Sow & pigs three feather beds three bedsteds & Clothing one Side Board One China press one Box of China One Bureau One Walnut folding Table one dressing ditto one Candlestand one Iron Pot & rack One half dozen Winsor Chairs, one pair Andirons all the Sheep I left on Little River all the above named property was Received I also give & bequeath to my said Daughter during her natural lif[e] and after her death to the begotten heirs & heirs's of her body for ever one half of three tracts of land all lying on the Waters of Flat River the first tract is the tract that my father Wm. Armstrong lived & died on Containing 220 Acres the second is a tract that I bought from Henry Berry Containing 17 Acres the third is a tract that I bought from my brother William Armstrong and Containing 216 Acres and Seven links to be received as soon as convenient after the death or marriage of her mother Peggy Armstrong &c ~~~~ It is my will and desire for my Executors hereafter named to make a sale and sell all the property of mine that I have not willed or disposed of to the high= =est bidders Also to Sell my Cape Fear Bank Stock and my Cape Fear Navigation Company Stock, to be sold in Hillsborough on a public geathering day to the highest bidders also Collect all the money owing to me by bonds and book Accompts and pay over to my Wife Peggy Armstrong Two Hundred Dollars agreeable to my Will in Second Case also pay over to my daughter Nancy Coggin the Sum of Twenty five Dollars agreeable to my will in the third Case also to pay all my Just debts if any such debt should exist and divide the balances equally between Nancy Coggin, James W Armstrong Mary Ann Parker & Parthenia Leathers ~~~~ I do Constitute make appoint and Ordain Jesse P Parker, George T Coggin and John B Leathers sole Executors to this my last Will [Will Book Volume F, page 80] and Testament I do hereby disannul all & every other former Will and Executor or Executors by me in any wise before mentioned ratifying & Confirming this & no other to be my last Will & Testament &c &c ~~ Signed Sealed published pronounced and declared by the } Said Joseph Armstrong as his last will & Testament in the } Joseph Armstrong (seal) presence of us who was in his presence & in the presence of } each other have hereunto set our names this 23rd day May AD 1839 } Andrew Gray Wm J Gray A C M Gray Enos Ross Orange County November Term 1840 The Execution of the foregoing last Will and Testament of Joseph Armstrong deced. was duly proved in Open Court by the Oath of Wm. J Gray one of the subscribing Witnesses thereto & ordered to be recorded At the same time Jesse P Parker John B Leathers & George T Coggin the Executors therein named appeared in qualified Accordingly Test Additional Comments: Will Book Volume F, pages 76-80 Recorded Nov 1840 CAVEAT: There are two wills for Joseph Armstrong written in 1839. This one is in a (will) folder labeled "Armstrong, Joseph 1839" and refers to wife Peggy, will proved Nov 1840. The other in a (will) folder labeled "Armstrong, Joseph 1846", refering to a wife Nancy and proved Feb 1846. Estate papers comprise six pages and found in a folder labeled "Armstrong, Joseph". This collection is simply called "Armstrong, Joseph" - no date - because the documents do not include a date. [Estate Papers - Inventory (not dated)] The following is a list of property recd. into the hands of J. P. Parker, George P. Coggin & John B. Leathers Exrs. of Joseph Armstrong decd. To Wit: 1 Negro man Daniel --- One Negro Man Jacob 1 Do do Abram --- One Do. Do. Samuel 1 Negro woman named Tamar ---