Orange County NcArchives Wills.....Barbee, Gray January 9, 1860
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 489-490
Written: January 9, 1860
Recorded: Feb 1866
Testator: Gray Barbee
I Gray Barbee, of Orange County, North
Carolina, do make and publish this my last
will and testament.
In the first place I commend my soul
to almighty God; and direct that my body
be decently buried.
As for my estate, I desire that such
perishable property as is not hereinafter bequeathed
to my daughter Sarah Barbee be sold for the
payment of my debts and a division of the sur-
plus if any amongst my representatives
I direct that my lands shall be divided
amongst my heirs in the usual manner where per-
sons die without a will subject however to the
following provisions: viz.
(1) the Commissioners shall set apart to my
son George a lot which shall include his present
residence and all outhouses, stables &c; such lot
to be laid off and valued without reference to the
value of the buildings upon it:
(2) the Commissioners shall set apart to my
daughter Sarah a lot which shall include my
present residence, and all outhouses, barns, stables &c
with the spring used therewith and such a quantity
of woodland as may be required for the purposes
of her farm;- such lot to be laid off and valued
without reference to the value of the buildings upon
it:
(3) the other parts I direct to be allotted amongst
my other heirs, subject to any further provisions hereinafter
[page 2]
My slaves and all my other estate not
herein mentioned particularly I desire to be divided
amongst my representatives, subject to the provisions
hereinafter contained.
I give to my beloved daughter Sarah Barbee
a horse worth one hundred dollars, to be bought by
my executor if none suitable upon my plantation
at my death; three head of cattle, two ewes & lambs,
two sows & pigs (all her choice) also choice of my
beds & bedsteads, with the usual covering, pillows &c;
one bureau, one falling-leaved table, one pot & one oven,
half-a-dozen each of chairs; plates; knives & forks; tea
spoons; and cups & saucers; one coffee pot and also
one year's provisions to be allotted to her as if she were
my widow, for herself & her family.
I hereby direct that the share of my grandson
Pleasant Gray Barbee, in case he should die before
he reach twenty one years of age, without heirs of
his body shall return to be divided amongst my other
heirs and representatives.
I also Direct that the shares of my grandchildren
John Jones Morgan and Nancy Jane Morgan shall
upon the death of either of them before he or she
shall reach twenty one years of age and without
heirs of their bodies, respectively go to the survivor
of them.
It is also my will that the share in my
estate of my daughter Nancy Morgan shall be
hers during her natural life only and afterwards
shall be divided amongst the heirs of her body.
[page 3]
I desire that my friend Samuel F. Phillips
execute this my last will and testament.
In testimony whereof I have hereunto set
my hand upon this 9th day of January 1860.
Signed and published }
as the last will and } Gray Barbee (seal)
testament of Gray }
Barbee in the presence }
of us who in his presence }
and the presence of each }
other - at his request do }
hereunto set our hands on }
the date aforesaid }
James Watson
A. Mickle Jurat
Codicil added to the above will upon the
13th day of August 1862.
(1) The estate in the above will given to my
daughter Nancy Morgan I hereby modify so
as to devise and bequeath it to Willis Barbee
to the sole and separate use of said Nancy
and free from all debts contracted or to be
contracted by her husband Thomas Morgan.
(2) With regard to the estate given to my grand
children John Jones and Nancy Jane Morgan I
direct that upon the death of both without issue
(whether that occur before or after my own death)
said estate descend to my other heirs - the provisions
of my will and codicil being observed in respect
to the same so far as regards the shares going
to Pleasant Gray Barbee and Nancy Morgan.
[page 4]
In testimony that the above codicil is a
part of my will I have hereunto set my
hand upon the 13th August 1862
Signed; Published & Declared } Gray Barbee
to be a part of the will of } by S. F. Phillips
said Gray Barbee in our } in presence and at the
presence, who in his presence } request of said testator
and at his request have }
hereunto set our hands upon }
this 13th August 1862 }
A. Mickle Jurat }
James Watson }
[Will Book Volume G, page 489]
I Gray Barbee, of Orange County North
Carolina do make and publish this my last
will and testament
In the first place I Commend my Soul to
Almighty God and direct that my body be
decently buried
As for my estate, I disire that such perishable
property as is not hereinafter bequeathed to my Daughter
Sarah Barbee be Sold for the payment of my debts
and a division of the Surplus if any amongst
my representatives
I direct that my lands shall be divided amongst
my heirs in the usual manner where persons die
without a will subject however to the following
provisions (viz)
(1) The Commissioners shall set apart to my Son
George a lot which shall include his Present
residence and all outhouses stables &c said[such]
lot to be laid off and valued without reference
to the value of the buildings upon it
(2) The Commissioners shall set apart to my Daughter
Sarah a lot which shall include my present
residence and all out houses barns stables &c with
the spring used therewith and such a Quantity of
woodland as may be required for the purposes of
her farm: such lot to be laid off and valued
without reference to the value of the building
upon it
(3) The other parts I direct to be allotted amongst
my other heirs subject to any further provisions
hereinafter == My slaves and all my other estate
not herein mentioned particularly I desire to
be div[id]ed amongst my representatives subject
to the provisions hereinafter contained
I give to my beloved Daughter Sarah Barbee
a horse worth one hundred dollars to be bought
by my Executor if none Suitable upon my
plantation at my death: three head of Cattle
[Will Book Volume G, page 490]
two ewes & Lambs two sows& pigs (all
her choice ) also choice of my beds & bed Steads
with the usual covering pillows &c one Beurau one
folding leaf table one pot & one oven half a dozen
each of chairs plates knaves[sic] & forks: Tea Spoons and
Cups & Saucers one coffee pot and also one years
provisions to be allotted to her as if she were
my widow for herself & her family
I hereby direct that the share of my grand Son
Pleasant Gray Barbee in case he should die before he
reach twenty one years of age without heirs of his body
shall return to be divided amongst my other heirs
and representatives
I also direct that the shares of my Grand Children
John Jones Morgan and Nancy Jane Morgan shall
upon the death of either of them before he or she shall
reach twenty one years of age and without heirs of
their bodies respectively go to the survivor of them
It is also my will that the share in my estate of my
Daughter Nancy Morgan shall be hers during her
natural life [only] and afterwards shall be divided
amongst the heirs of her body
I desire that my friend Saml. F. Phillips execute this
my last will and testament
In testimony whereof I have hereunto set my
hand upon this 9th day of January 1860.
Signed and published as the last
will and testament of Gray Barbee Gray Barbee Sr[See Note 1]
in the presence of us who in his
presence and the presence of each
other at his request do hereunto
set our hands on the date aforesaid
James Watson
A Mickle
Codicil added to the above will upon the 13th
day of August 1862.
(1) The estate in the above Will given to my Daughter
Nancy Morgan I hereby modify so as to
[Will Book Volume G, page 491]
devise and bequeath it to Willis Barbee to
the Sole and Separate use of said Nancy
and free from all debts contracts[contracted] or to be
contracted by her husband Thomas Morgan
(2) With regard to the estate given to my Grand
children John Jones and Nancy Jane Morgan
I direct that upon the death of both without issue
(Whether that occur before or after my own death
said estate des[c]end to my other heirs the provisions
of my Will and Codicil being observed in respect
to the same so fare[sic] as regards the Slaves[orig: shares] going
to Pleasant Gray Barbee and Nancy Morgan
In ["witness" x-out] Testimony that the above codicil is a
part of my Will I have hereunto set my hand upon
the [x-out] 13th August 1862
Signed published & declared }
to be a part of the will of Said } Gray Barbee
Gray Barbee in our presence } by S. F. Phillips in presence and
who in his presence and at his } at the request of said Testator
request have hereunto set our }
hands upon this 13 August 1862 }
A Mickle
James Watson
Orange County Court February Term 1866
Te Execution of the foregoing last Will and
testament of Grey Barbee decd. was duly ["approved" x-out]
proved in open Court according to law and
ordered to be recorded for probate See minutes
Additional Comments:
Will Book Volume G, pages 489-490
Recorded Feb 1866
Note 1: Appears to be two letters, "Sr"? "Seal"?
Loose wills folder labeled as "Barber"
Marcom elsewhere rendered Markham
Includes four 50 cent stamps on the outside of page 5. They were laid over the last James Watson signature.
Estate Papers comprise 127 pages and are found in a folder labeled "Barbee, Gray (1865)". Sarah Barbee (legatee) married Hudson Sparrow. Testator died in July 1865. Nancy Barbee married T. J. Morgan. Willis Marcom married Malinda.
Note that the accounting of this estate occurs just after the end of the Civil War/War Between the States - specifically, for Orange County, the surrender at Bennett Place on the 26th of April 1865, ended slavery in the immediate area, and for Orange County.
In the account reported, beginning in August 1865, among items of income there is this:
Nov '66 Wyatt David hire of "Fanny" $ 2.50
[Estate Papers Petition for Partition of Land Nov 1865]
Petition of ["Gray" x-out] heirs of Gray Barbee decd. for partition of land
State of North Caralina[sic]} Court of Pleas & Quarter
Orange County } Sessions November Term 1865
The petition of Thomas J Morgan and wife Nancy
George E Barbee Willis Marcom and wife
Melinda Sarah Barbee Nancy Morgan & John
Morgan Children of Jones Morgan and Wife Ann
decd. and Pleasant G Barbee Child of Pleasant
Barbee decd. respectfully showeth unto your
worships that they are tenant in common
of a tract of land situated in the County of
Orange containing some 630 acres more
or less upon Bulings[?] Creek in this County
adjoining lands of W F Hargrave the estate
of James N Patterson & others
That Pleasant G Barbee above named is grand
son and intitled to one whole share and
Nancy and John Morgan are grand
children who together are intitled to one
share : Your petitioners further show
that they desire to hold and enjoy their shares
of said land in severalty and to that end
pray your worships to appoint commissioners
to divide the same observing the following
directions contained in the will of Gray Barbee
decd. "I direct that my land shall be divided
amongst my heirs in the usual manner where
persons die without a will subject however
to the following provisions: viz. 1st the
Commissioners shall set apart to my son
George a lot which shall include his
[page 2]
present residence and all out houses, stables &c such
lot to be laid off and valued without reference
to the value of the buildings upon it:
(2) The Commissioners shall set apart to my daughter
Sarah a lot which shall include my present
residence, and all out houses barns stables &c
with the springs used therewith and such a
Quantity of woodland as may be required
for the purposes of her farm such lot to be
laid off and valued without reference to
the value of the buildings upon it:
(3) the other parts I direct to be allotted amongst
my other heirs subject to any further provisions
hereinafter"
That by Codicil (item 1) The estate in the above Will
given to my Daughter Nancy Morgan I hereby
modify so as to devise and bequeath it to Willis
Barbee to the sole and separate use of said
Nancy and further that it is probably that Dr
Willis Barbee the above named Trustee will
decline to act
Your petitioners ask that the commissioners
observe the foregoing directions may divide
the land into Six shares by proper mites[metes] and
bounds and to allot and set apart to each
of your petitioners their appropriate shares
thereof and to report their proceedings under
their hands and Seal to the next Term of this
Court and your petitioners &c
Jno W. Graham atto for petitioners
[page 3]
This case coming on to be heard upon the petition
ordered by the Court that whereas the late
Gray Barbee decd has directed by his will
as follows (viz) I direct that my lands shall be
divided amongst my heirs in the usual manner
where persons die without a will subject however
to the following provisions: viz.
(1) the Commissioners shall set apart to my son
George a lot which shall include his present
residence and all outhouses, stables &c such lot
to be laid off and valued without reference to
the value of the buildings upon it
(2) the Commissioners shall set apart to my Daughter
Sarah a lot which shall include my present
residence, and all outhouses, barns, stables &c with
the spring used therewith and such a quantity
of woodland as may be required for the purposes
of her farm such lot to be laid off and valued
without reference to the value of the buildings
upon it (3) the other parts I direct to be allotted
amongst my other heirs, subject to any further
provisions hereinafter: Therefore that William N.
Patterson Henry S Marcom John H Watson James
P Mason & Richard S Leigh be appointed com
missioners &c &c observing the direction in Said
will as above set forth &c &c
Witness George Laws Clerk of Said Court at
in Hillsborough the 4th Monday of Nov 1865
issued 30th Novr, 1865
Geo. Laws CCC
[Estate Papers - Complaint in Probate Court by Pleasant Barbee - 1879]
Superior Court Orange County
}
Pleasant G Barbee }
vs }
}
Saml F Phillips as Executor of }
Gray Barbee decd: Hudson Sparrow }
& his wife Sarah, Milinda Marcom } In Probate Court
Thomas Morgan & wife Nancy E. }
John Jones Morgan, Alston Barbee }
Jim Barbee, George Barbee, Margaret }
Barbee, Sally Barbee, Delilah Barbee }
John Murrell & his wife Louisa }
Erwin Andrew & his wife Nancy }
The plaintiff complaining alleges
I That Gray Barbee died in Orange County in the year
1866 leaving a last will which was admitted to probate
at February Term 1866 of the late County Court & wherein
this defendant Saml F Phillips was duly appointed
Executor, who qualified as such & is still acting as
such:
II That the said testator left him surviving his following
children & grandchildren to whom he devised & bequeath his Estate
a daughter Milinda the widow of William Murrow
a daughter Nancy wife of Thomas Morgan, a daughter
____________________ the wife of ___________Morgan : & Alston
Barbee, George Barbee, Margaret Barbee, Sally
Barbee, Delilah Barbee, ["John Murrell wife" x-out] Louisa
[page 2]
Murrell wife of John Munell & Nancy Andrews the
wife of Erwin Andrews the last seven of whom are
grand children of said testator being the children
of his deceased son George Barbee -
III. That said testator left a large Estate real & personal
- the latter going to the hands of his said Executor
which by him was duly administered: & then first
["descended" x-out] devised upon his said heirs a law.-
IV. That the said Testator had been guardian of the
plaintiff & was indebted to him, at the time of his
death in the sum of $224.53 with interest from 1st
January 1850 & a further sum of $95.48 with interest
from the Feby Term 1864 of said County Court: no part
of which has been paid him: that plaintiff became of
age in 1874, but has had no guardian since the death
of testator.-
V. That said Executor paid the debts of his testator save
those owed plaintiff & also the costs & charges of his
administration & the Excess of his personalty was by
him paid over to the said legatees, who all owing to
the terms of said will took both Estate real & personal:
& who have need[?] & spent the same. -
VI. That the said testator died seized of this real Estate
which was afterward, all owing to the terms of said
will divided amongst his said children & grand children
Equally - all of whom have? ?illed with this plaintiff
for their proportion of his debts against said testator,
Except the defendants Alston Barbee, Jim Barbee, George
[page 3]
Barbee, Margaret Barbee, Delilah Barbee, Louisa Murrell
& Nancy Andrews - who are in the possession of one Equal
part of said Real Estate, but refuse to pay any part
of plaintiffs claim -
VII. That said Executor has hitherto failed to take any
steps to sell any portion of said real Estate in order
to settle & pay off plaintiff claims.
VIII. That plaintiff asks no remedy against the other
named devisees, but demands judgment of the said
last seven named defendants
I. That they answer & say what real Estate came to
them as representing heir further from said testator &
now they hold the same now.
II. That the said Executor be directed to sell so much of
said real Estate as will satisfy their property of
plaintiffs demand
II. That plaintiff have such other & farther relief as
the nature of his case may require
IV. That he xxxxx of defendants the costs of this action
to be taxed[?] by the clerk --
Graham & Ruffin
Attos for plaintiff
P.S. Barbee being duly sworn says that
the facts stated in this complaint of his
own knowledge are true and those stated on
information he believe to be true
sworn to & subscribed } Pleasant Barbee
this 20 ??????? 1879 }
Geo Laws