Orange County NcArchives Wills.....Barbee, Benjamin December 23, 1825
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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 E, pages 122-123
Written: December 23, 1825
Recorded: Nov 1826
Testator: Benjamin Barbee

In the name of God Amen I Benjamin Barbee of
Orange County in the state of North Carolina being of sound
& perfect mind & memory thanks be to God calling to mind
The mortality of my body & knowing that it is appointed for
all men to die do make and ordain this my last will and
testament in manner & form that is to Say First I give and
bequeath unto Pheby my dearly belov'd wife the one third of
my land and likewise a Negro girl named Silvia dureing
her Natural life Item It is my wish & desire that the resedue
of my land after my wife takes her thirds thereof will be sold by
my Executors agreeable to law as also all my stock of Horses
Cattle & hogs also my Household & kitchen furniture also all my
farming Utentials and my waggon and my Slave Peter to be sold
agreeable to law & the whole amount of the sale to be eaqually
divided between my wife and my children that is to say
my son Gabreel my daughter Jimima Rainy and Polly
for there[sic] children only Item I leave to my daughter Betsy
five dollars Item should my son Gabril depart this life previous
to the death of his wife the amount of what might come to
him from the sale of the property above mentioned to go to
her son Frances who I rais'd also my grand son Frances
Barbee son of Gabreel Barbee is to have a[n] equal part of the amount
of land Item on the death of my wife Phebe her part of
the land to be sold & equally divided between my son Gabriel
& the children of my three daughters Jemima Rainy and Polly
NB I leave my sons Gray Heirs 50 cents[Note 1]
I hereby make and ordain my Worthy friend Gabreel
Barbee ["???" struckout.  Note 2] my true & lawful Executors of this
my last will and testament ["November" struck-out]December 23rd 1825
Signed sealed published pronounced & declared by the sd Benjamin
Barbee as his last will and testament
                                          his
Test                          Benjamin [ink blob] Barbie (seal)
Isaiah Markum }                           mark
              } Jurat
William Cooke }
                          Exr qualified

[Will Book Volume E, page 122]
    In the name of God Amen I Benjamin Barbee of
Orange County in the State of North Carolina being of sound
& perfect mind & memory thanks be to God Calling to

[Will Book Volume E, page 123]
mind The mortality of my body and knowing that it is
appointed for all men to die do make & ordain this my last
Will and testament in manner & form that is to say ~~

    First I give and bequeath unto Phoebe my dearly beloved Wife
the one third of my land & likewise a negro girl named Silvia
during her natural life ~~ Item it is my wish & desire that the residue
of my land after my wife takes her thirds thereof will be sold by my
Executors agreeable to law as also all my stock of horses, Cattle & hogs
also my house-hold & kitchen furniture, also all my farming utensils
and my waggon and my slave Peter to be sold agreeable to law
& the whole amount of the sale to be equally Divided between my wife &
my children, that is to say my son Gabriel, my daughter Jemima
Rainey and Polly for their children only ~~ Item I leave to my daughter
Betsey five Dollars ~~ Item should my ["daughter Betsey" x=out] son Gabriel
depart this life previous to the death of his wife the amount of what
might come to him from the Sale of the property above mentioned to
go to her son Frances, who I raised, also my grandson Francis Barbee
son of Gabriel Barbee is to have a[n] equal part of the amount of land

    Item on the death of my wife Phoebe her part of the land to be sold and
equally divided between my son Gabriel & the children of my three Daughters
Jemima Rainey & Polly N.B. I leave my son Gray heirs 50 cents ~~ I
hereby make and ordain my worthy friend Gabriel Barbee and
William ________ my true and lawful Executors of this my last Will and
Testament December 23d 1825 Signed Sealed published pronounced
& declared by the sd Benjamin Barbee as his last Will and Testament
Test
Isaiah Marcom                               his
William Cooke                      Benjamin (X) Barbie (seal)
                                           mark

                    Orange County November Term 1826
The Execution of the foregoing last Will and Testament of
Benjamin Barbee decd. was duly proved in open Court by the
Oaths of Isaiah Marcom and William Cooke subscribing
Witnesses thereto & Ordered to be recorded ~~ At the Same
time the Executor therein named qualified accordingly
                            Test

Additional Comments:
Will Book Volume E, pages 122-123
Recorded Nov 1826

NB = Nota Bene

Note 1: This "NB" or Nota bene is inserted with marginal legibility, so not quite sure what this is. It is right between the bequests and the assignment of executors, so might be the name of a forgotten legatee.

Note 2: The entire phrase is unusual.  It says "worthy friend" followed by his son's name.  It says "Executors" but there is only one name left.  The crossed-out name is almost completely obscured.  Perhaps "Danl" or "Basil", surname "Joseph"? "Light"?

Estate Papers comprise 15 pages and are found in a folder labeled "Barbee, Benjamin (1828)". Benjamin Barbee departed this life in the year 1827.

[Estate Papers - Estate Sale (undated)]
Account of Sales of the Property of Benjamin
Barbee Decd. Sold by Gabriel Barbee (Executor)

[several pages of sundry articles]

[Purchaser         Article            Amt]
Thomas Motley   1 Negro Boy Peter     355.65