Orange County NcArchives Wills.....Barbee, Christopher February 5, 1823
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 321-323
Written: February 5, 1823
Recorded: May 1834
Testator: Christopher Barbee

        In the name of God Amen,
            I Christopher Barbee of Orange
County and State of North Carolina being
in good health and of sound disposing mind
and memory do make and constitute my
last Will and Testament in manner fol-
lowing, that is to say

            In the first place it is my
will and desire that my Executors herein
after named shall sell on a credit not
exceeding twelve months, my stock of all kinds,
the crop on hand and such as may be
growing at my death when completed and
secured: all my House hold and Kitchen
furniture: my Waggons and gear; and
all my tools and other plantation implements
my Blacksmiths tools excepted, and out of the
monies arising therefrom, or from such
monies I may die possessed of to pay all
my just debts; and to defray my funeral
expenses. - It is my wish to be buried
decently though not expensively.

            To remove all doubt or misonstruction
of my intentions in the foregoing Item
                                    It/

[page 2]
It is my will that in the event of my death
happening while a crop is growing that the
Negroes should be kept together or not
divided until the crop is finished; But
my Executors may sell such part of the stock
as they may think not essential or necessary
to enable them to complete the growing Crop.

            I give and devise to my Son Francis
the plantation on which I now reside
with all my lands adjoining to him his
Heirs and assigns forever.

            I give and devise to my son
William all my lands on Morgans
Creek, together with the tract of land
on Bolands Creek which I bought of
Tapley Boothe, to him his Heirs and
assigns forever -- I also give and bequeath
to my son William my two Blacksmiths
Toney and Gift[Note 1] and my Blacksmiths tools
to him his Heirs and assigns for ever

            Whereas at the marriage of my
three Daughters Elizabeth, Nancy and
Susanna I gave to them respectively certain
Negroes towit to my daughter Elizabeth who
married Samuel Allen two Girls
called and known by the name of Charlotte
and Alea: -- To my Daughter who [Nancy?] who[sic] married
Edward Jones two Girls called
                        and/
[page 3]
and known by the names of Annaka and
Fann: and to my daughter Susanna who
married William Henry Merrott three Girls
called and known by the names of Dorcas
Luck and Pegg which said gifts or
bequests with the increase of said Negroes
I hereby ratify and confirm to them respectively
their Heirs and assigns forever

            And whereas some years ago being
visited by my grand Daughter ["Elizabeth" x-out]
Polly Allen daughter of my Daughter
Elizabeth who then resided in the State of
Tennessee, I loaned to her a certain Negroe
Girl known by the name of Rachel
and permitted my said Grand daughter
Polly to take home with her the said
Negroe girl to Tennessee, I therefore give
and bequeath to my said Grand Daughter
Polly, ["and her Heirs and assigns" x-out] the said Girl
Rachel with her increase to her her Heirs and assigns for ever

            I give and bequeath to my
Grand-son Christopher Allen, son of my
Daughter Elizabeth, a Negroe Girl to be
of the age of ten years, or thereabout, to him
his Heirs and assigns for ever

            I give and bequeath to my Grand
son Willis Jones, son of my Daughter Nancy
a Negroe Girl to be of the age of ten Years
or thereabout, to him his Heirs and assigns
for ever
                                My /

[page 4]
My executors may either furnish the
two Girls bequeathed to my said Grandsons
from the stock of Negroes I may die possessed
of or if they should prefer it may, from
the surplusage of the monies arising from the
sales of my Crops, stock & tools purchase
the said Girls and thereby keep the families
of negroes, I may die possessed of more
entire or undivided

            The residue of my Negroes, not
specifically herein before bequeathed with
their increase; together with the monies
I may die possessed of and those that
may arise from the sales of my Crop
or Crops, tools, furniture and other
articles directed to be sold in the first
Item of my Will, after satisfying my just
debts and funeral expenses, I give
and bequeath to my Sons Francis and
William their Heirs and assigns for ever
share and share alike: and should it
so happen that either, or both of my
said Sons Francis and William
should die before a division takes place
of the Negroes and money; it is my will
and desire that the legal representatives
of him or both dying as aforesaid, Shall
                                   enjoy /

[page 5]

enjoy and possess the share or proportion of
him so dying, share and share alike, in
the same manner & proportion and in the
same way as if no such deaths had happened .

            It is my Earnest desire and will
that the residuary Negroes maybe divided
by the Legatees in such a way or manner
that the families may be kept as entire
as possible.
            Lastly I nominate and appoint
my Son William and my friend Mace
Patterson Executors of this my last will
and Testament, and I earnestly entreat
them to undertake the Execution thereof
            Hereby revoking and making
void all Wills heretofore made by me
            In testimony whereof I have
hereunto set my hand and affixed my
seal the 5th day of February 1823 ---

The erasures made before
signing                  Chris Barbee (seal)

Signed sealed published
& pronounced by the Testator
in our presence, to be his last
Will & Testament; who signed
the same in our presence, and
who requested us to attest the same:
which we have done in the pre-
sence of each other
O Cadery
N. V. Kinge    Maurice Henderson

[Will Book Volume E, page 321]
In the name of God Amen, I Christopher Barbee
of Orange County and State of North Carolina being in good
health and of Sound disposing mind and memory do make and ---
Constitute my last Will and Testament in manner folowing, that is to
say In the first place it is my Will and desire that my Executors
herein after named Shall sell on a credit not exceeding twelve months
my stock of all kinds the crop on hand and Such as may be growing
at my death when completed and Secured all my House hold and
Kitchen furniture my Waggons and gear and all my tools and other
plantation implements my Black Smiths tools excepted, and out of
the monies ariseing therefrom, or from such monies I may die

[Will Book Volume E, page 322]
possessed of to pay all my Just debts and to defray my
funeral expences It is my wish to be buried decently though
not expensively To remove all doubts or misonstruction of my
intention in the foregoing Item It is my will that in the event
of my death hapning while a crop is Growing that the negroes
Should be kept together or not devided until the crop is
finished But my Executors may sell such part of the stock
as they may think not essential or necessary to enable them
to Complete the Crowing Crop. I give and devise to my Son ["Thomas" x-out]
Francis the plantation on which I now reside with all my
lands adjoining to him his Heirs and assigns forever -- I Give
and devise to my son William all my lands on Morgans Creek
tigether with the tract of land on Bolands Creek which
I bought of Tapley Boothe to him his heirs and assigns forever
I also give and bequeath to my son William my two Black
smiths Toney and Gift[Note 1] and my Black smith tools to him his
heirs and assigns forever whereas at the marriage of my
three Daughters Elizabeth, Nancy and Susanna I gave
to them respectively certain Negroes towit to my daughter
Elizabeth who married Samuel Allen two Girls called
and known by the name of Charlotte and Alce To my daughter
Who [Nancy?] who[sic] married Edward Jones two Girls called and known
by the names of Annaka and Fann and to my Daughter
Susanna who married William Henry Merritt three Girls
Called and Known by the names of Dorcas Luck and Pegg
which said Gifts and bequest with the Increase of said negroes
I hereby ratify & confirm to them respectively there[sic] hairs[sic]
and assigns forever And where as Some years ago being
visited by my grand Daughter Polly Allen daughter of my Dau
=ghter Elizabeth who then reside[d] in the State of Tennessee I
loaned to her a certain negro Girl known by the name of Rachel
and permitted my said Grand daughter Polly to take home
with her the said Negroe Girl to Tennessee I therefore give
and bequeath to my said Grand Daughter Polly, the said Girl
Rachel with her increase to her her heirs and assigns forever
I Give and bequeath to my Grand son Christopher Allen
son of my Daughter Elizabeth a negro Girl to be of the age
of ten Years or there about to him his Heirs and assigns for
ever I give and bequeath to my Grand son Willis Jones son of
my Daughter Nancy a negroe Girl to be of the age of ten years or
there about to him his Heirs and assigns for ever --- --- ---
My executors may eith[er] furnish the two girls bequeathed to my
said grand sons from the Stock of Negroes I may die possessed of

[Will Book Volume E, page 323]
or if they should prefer it may from the surplus age of the monies [arising] from
the sales of my Crops stock & tools purchase the said Girls and thereby keep
the families of negroes I may die possessed of more entire or undivided
The residue of my negroes not Specifically herein before bequeathed
with their increase together with the monies I may die possessed of and
those that may arise from ["Sale" x-out] the sales of my Crop or Crops tools
furniture and other articles directed to be sold in the first Item of
my Will after satisfying my Just debts and funeral expenses I give
and bequeath to my Sons Frances and William their Heirs
and assigns for ever Share and Share alike And should it [so] happen
that either, or both of my said Sons Frances and William -------
Should die before a division take place of the negroes and
money it is my Will and desire that the legal representative
of him or [x-out] both dies[dying] as aforesaid, shall enjoy and possess
the share or proportion of him so dying, Share and Share alike
in the same manner & proportion and in the same way as if no Such
deaths had happened - It is my earnest desire and will that the
residuary negroes maybe devided by the Legatees in such a
way or manner that the families may be kept as entire as
possible Lastly I nominate and appoint my son William and
my friend Mace Patterson Executors of this my last Will and
Testament, and I earnestly entreat them to undertake the
Execution thereof Hereby revoking and making void all Wills
heretofore made by me In Testimony whereof I have hereunto set
my hand and affixed my seal the 5th day of February 1823 ---

Signed sealed published
& pronounced by the Testator      Christopher Barbee (seal)
in our presence to be his last
Will & Testament who assigned[sic]
the same in our presence and
who requested us to attest the same
which we have done in the pres
=ence of each other
J Henderson
N. J. King

[Note: This is the County's handwritten copy of the Codicil]
Codicil

The following is a codicil which I wish to be
annexed to and taken as a part of my last
ill and Testament whereas I am fearful that
doubt may be entertained in the construction
and interpretation of my last Will & Testament
I therefore wish my said Will to be construed in such
a way as to Prelude preclude my son in law Samuel
Allen also my son in law Edward Jones also William
H Merritt from receiving any part (of) or portion
of my property except such as I give them at the
time of their respective Intermarriages with my daughters
Elizabeth Nancy and Susannah I also hereby revoke
and annull the legacy bequeathed in my last Will
to my Grand son Willis Jones In Witness Whereof
I have hereunto set my hand and seal this 31st
day of January AD 1826
Signed sealed &c       Christopher Barbee (seal)
in the presence of us
W Chalmers
John Hutchens
Wm McCauley

Orange County May Term 1834
The last will and testament of Christopher
Barbee dec was offered for probate in
open court upon the oath of Nathaniel J King
the subscribing witness thereto and ordered to
be recorded also upon the oath of Nathaniel
J King as to the signature of P[?] & M Henderson
also John Hutchens as to the codicil also
that the same be recorded

North Carolina
            I George Laws Clerk of the Court
of Pleas & quarter sessions for orange County
do certify that the foregoing is a true and
correct copy of the last will and Testament
of Christopher Barbee as of record in my office
                In testimony whereof I have
                hereunto subscribed my name
                and affixed the Seal of said
                Court at office in Hillsborough
                this 7th day of September 1834

Additional Comments:
Will Book Volume E, pages 321-323
Recorded May 1834

No estate papers found.

Legibility is hindered because ascenders in original are frequently not any higher than other letters.  Many "t"s not crossed or "i"s dotted.