Orange County NcArchives Wills.....Atkins, Frances May 27, 1859
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, page 377
Written: May 27, 1859
Recorded: Nov 1861
Testator: Frances Atkins
North Carolina }
Orange County }
In the name of God Amen
I Francis Atkins of the county and state afforsaid
being far advanced in years but of Sound mind
and memory blessed bee god do make constitute order
and declare this my last will and testament in
manner and form following, that is to say first
that my Executor herin after named shall provid
for my body a decent burial suitable to the wishes
of My relations and friends and pay all funiral
expenses together with my Just debts whomsoever
owing out of the money that may first come
into thire hands as a part or parcel of my
Estate. Item first I want all my negro
property divided into six shares, giving unto
Josiah one share William S one share Jame[s] H.
one share Lucindas heirs one share Martha J.
one share Aniliza one share
I allso want my Crop and stock and housenfurn[iture?]
and mony and notes to be divided in four Shares
giving unto Josiah one share Lucinda[sic] heirs one
share Martha one share Aniliza on[e] share
and lastly I constitute and appoint my son
Josiah Atkins Executor to this my last will
and testament wharof I have hearunto[sic] set my
hand [and] seal this 27 of May 1859
Signed sealed and
Delivered in presence of her
Thomas Hogan Jurat Frances (*) Atkins (seal)
A M Carlton Jurat mark
qualified
[Will Book Volume G, page 377]
North Carolina }
Orange County } In the name of God Amen
I Francis Atkins of the county and State aforesaid
being far advanced in years but of Sound mind
and memory blessed be God do make constitute order
and declare this my last will and Testament in manner
and form following that is to say first that my Executor
hereinafter named shall provide for my body a decent
burial Suitable to the wishes of my relations and friends
and pay all funeral expenses together with my Just debts
whomsoever owing out of the money that may first come
into their hands as a part or parcel of my estate
Item First I want all my negro property divided into
Six Shares giving unto Josiah one share William S one
share James H one share Lucinda's heirs one share
Martha J. one share Aneliza one share
I also want my crop and stock and house furniture
and money and notes to be divided in four Shears
giving unto Josiah one share Lucinda's heirs one Shear
Martha one share Aneliza one share and lastly I
constitute and appoint my son Josiah Atkins
Executor to this my last Will and Testament
whereof I have hereunto set my hand [and] seal this 27th of
May 1859 her
Signed sealed and Frances (X) Atkins (seal)
delivered in presence of mark
Thomas Hogan
A M Carlton
Orange County Court November Term 1861
The foregoing last will & Testament was duly
prove in open Court according to law
[Estate Papers - Inventory 24 Feb 1847]
The following is a list of the property set
apart to Frances Atkins; widow of Josiah
Atkins Senr. decd. according to the directions
for the last will & testament of the said Josiah
& the receipt of the said Frances there=
fore Witness our hand this 24th Feb=
ruary 1847
William S. Atkins
Josiah Atkins, Jr.
Executors
1 Negro boy Sam
1 Ditto Ben
1 Woman Celia
1 Ditto Trecia
1 Ditto Binia
1 girl Hasty
1 Boy Sandy
1 Ditto Rufus
1 Ditto Haywood
1 Girl Penny
4 Head Horses
[sundry articles omitted]
[Estate Papers - Division of Slaves 13 Mar 1852]
North Carolina }
Orange County }
The undersigned Thomas Hogan
AM Carlton and Lewis M Harward who were
heretofore appointed commissioners to divide and
allot the slaves of Mrs. Frances Atkins Decd. between
her legatees beg leave to submit the following report
They[?] devide the slaves into six lots with the
value as affixed below towit
Number one is to consists[sic] of Sam and one hundred
and thirty three dollars --
Number two consists of Ben and is to pay to No(6)
sixty seven dollars ----
Number three consists of Matthew and is to pay
to No 1 - one hundred and thirty three dollars
and also No 6 - Eight four dollars ---
Number Four consist of Lewis and is to pay to
No 6 - one hundred and sixty seven dollars
Number five consists of Alvice and is to pay to
No 6 - one hundred & seventeen dollars
Number six consists of Bina and Ben and is to receive
four hundred and thirty five dollars
They also report that it was decided by lot
that the Children of Lucinda Burroughs should
receive Number one; Needham Beckwith and
[page 2]
wife Ann Eliza Number two; James K Atkins
Number three; Josiah Atkins Number Five
Pleasant Trice & wife Martha Number Four
and William Atkins Number Six
Given under our hands and
seals this 13th day of March 1852
Thomas Hogan (seal)
A M Carlton (seal)
L M Harward (seal)
[Estate Papers - Petition to Divide Slaves]
North Carolina }
Orange County }
To the worshipful the Justices
of said County ---
The petition of Josiah Atkins William
S. Atkins James Henry Atkins, Pleasant Trice
& wife Martha, Needham Beckwith & wife
Ann Eliza, Joseph G. Hogan & wife Frances,
------ Tyson[?] & wife Martha and William
Boroughs respectfully represents
That your petitioners are tenants in common
of the following slaves, towit Sam, Ben Brie, &
her four children: the said Josiah, William S.
James H. Pleasant Trice & wife and Needham
Beckwith & wife being each entitled to one
sixth part of the same and the said Joseph
& wife, ______ Tyson & wife & Wm Boroughs ~~
being together entitle to one sixth part.
Your petitioners pray that said slaves be
by order of this Court divided in severalty
amongst your petitioners & that you worships
will make such determination[?] &c &c
Any your petitioners will ever pray &c
S. T. Phillips
Ordered by the Court that Thomas Hogan
C. M. Carlton & Louis Harwood be appointed
Commissioner to divide the slaves mentioned
in the above petition - giving to Josiah
Atkins, William S. Atkins, James H. Atkins
[page 2]
Pleasant Trice & wife Martha, Needham Beck-
with & wife Ann Eliza each one share, and
to Joseph C Hogan & wife Frances, William Borough
and ______ Tyson & wife Martha one share amongst
them -- and that they report under this hands
and sales to the next term of this Court
[Estate Papers - Petition to divide land Febr. 1862]
North Carolina } Court of Pleas &c
Orange } Febr. 1862
To the worshipful Justice &c
The petition of J. H. Atkins, Josiah
Atkins, William S. Atkins, Pleasant Trice and
wife Martha, Needham Beckwith & wife Eliza
Ann, William Boroughs, James Tyson & wife
Martha Ann, and Joseph C. Hogan & wife
Frances respectfully sheweth that your petitioners
are tenants in common of the tract of land for-
merly belonging to Josiah Atkins Senr. of this
County & lately the residence of Frances Atkins
deceased containing about Six Hundred & Eight
Acres more or less adjoining the land of Mordecai
Sears Monroe Carlton & others; that under the
will of said Josiah Atkins Senr deceased said
land was devised to your petitioners James H
Josiah, William S. Pleasant Trice & wife Martha
Needham Beckwith & wife Eliza Ann, and to his
daughter Lucinda - who has intermarried with John
Burroughs and died leaving William Burroughs,
Martha Ann Tyson and Frances Hogan petitioners?
also that James H Atkins has sold his share in
said tract to said Josiah Atkins petitioner;
Know? that said land shall be divided into
Six shares, ~~ two of them to be allotted to your
petitioner Josiah, one each to your other peti-
tioners excepting the heirs of Linda Burroughs
and one slave among said heirs of Lucinda &
render[?] you petitioners may have due? relief
May it please your Worships &c
S. T. Phillips
for petitioners
[page 2]
N Carolina } Court of Pleas &c
Orange County } Febry. Term 1862
Ordered by the Court that
Hugh B. ??? Thos Hogan, Monroe Carlton
Lewis Harwood and John John D Carlton be ap-
pointed Commissioners to divide the land lately
the residence of Mrs Frances Atkins among the peti-
tioners - giving to Josiah Atkins two shares ; to Wm
S. Atkins one share; to Martha Trice one share;
to Ann Eliza Beckwith one share; and to the heirs
of Lucinda Burroughs, viz. William Burroughs, Martha
Anne Tyson and Frances Hogan one share between
then (in all six shares) and that they make
report under their hands and seal how they have
executed this order to the next term of this Court
Additional Comments:
Will Book Volume G, page 377
Recorded Nov 1861
Estate papers comprise 157 pages and are found in a folder labeled "Atkins, Francis (1862)". This includes petitions to divide slaves and to divide lands. A number of notes held by the testator resulted in suits, warrants, receipts, etc. Some of these estate papers pertain her husband's estate - that of Josiah Atkins, Sr.