Orange County NcArchives Wills.....Barbee, William September 16, 1856
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, page 177-179
Written: September 16, 1856
Recorded: Aug 1857
Testator: William Barbee
In the name of God Amen:
I William Barbee of the County of Orange
and state of North Carolina being of sound
and disposing mind and memory, but
Considering the uncertainty of life and
the Certainty of death do make and publish
this my last will and Testament in Manner
and form as follows hereby revoking all
other Wills heretofore made ~~~~
First
I Commend my soul to God who
gave it and my body I direct shall be
decently buried and all expenses for the
same paid by my executors hereinafter
named out of the first money that may
come into hand as a part or parcel of
my estate
Touching my Worldly estate
which God in his goodness has been
pleased to bestow upon me I give
and bequeath as follows
Item
I give and bequeath to my Son
Willis Barbee and his heirs for ever
My Morgan Creek plantation lying and
being in the County of Orange on the waters
of Morgans Creek, the same being the entire
tract or parcel of land that I bought from
John Morgan
The residue of my lands I give
to my daughters, Delia Cave, Emily Nunn
[page 2]
Margart[sic] J Hargrave and Caroline Barbee
Share and share alike and their heirs for
ever to be divided and valued by Comm
issioners as near equal as can be made
That lot or parcel of land that may
fall to My Daughter Delia Cave I give
to her during her lefetime and at her
death to her Children share and share alike
That part or parcel of land of that may
fall to my Daughter Emily Nunn I give
to her during her lefetime and at her death
to her Children share and share alike
My Negro slaves that I may own
at my death I desire shall be equally
divided between my children viz. Willis
Barbee, Delia Cave Emily Nunn ["and" marked out]
Margaret J Hargrave and Carolyn Barbee
share and share alike
That part of Negro slaves that
May fall to My Daughter Delia Cave
I give to her during her lefetime and at
her death to her Children share and share
a like
That part of negro slaves that may
fall to My Daughter Emily Nunn I
give to her during her lefetime and at
her death to her Children share and
share alike
My personal property I desire
shall be sold by my executors hereinafter
named and all money due to me in any
way I desire shall be collected and
the proceeds arising from the personal
[page 3]
property and the money that may be
collected I desire shall be equally
divided between my children share
and share alike
Lastly I nominate
Constitute and appoint My Son Willis
Barbee and my friend J W Carr
My executors to this my last Will
and Testament believing that they will
carry out the same according to my
wishes
In witness whereof I said
William Barbee do hereunto set my
hand and seal this 16th day of
September AD 1856
Signed sealed and published
by the said William Barbee W Barbee (seal)
to be his last will and
Testament in presence of
us Who at his request & Exr qualified
in his presence do subscribe
our names as Witnesses
E. Mallet jurat
Jas. P. Mason jurat
Codacil to the foregoing will made this 14th day
of July 1857
It is my most earnest desire that all
my Slaves Shall be treated with humanity &
kindness by my Children and that proper provision
be made to secure the comfort of the aged and infirm.
To this end I direct my Executors to retain in their
hands the sum of Two thousand dollars out of the proceeds
[page 4]
of the Sale of my personal property and to
invest the Same in Safe Stock or bonds and
divide the interest arising therefrom equally
among my slaves as may be above sixty
years of age at the time of my decease - and
upon the death of the last survivor of the slaves
to divide the principal money equally among
my Children in the manner directed by the residuary
close[clause] in my will
Signed published and declared
in our presence who attest W Barbee
the same in presence of the
testator and of each other
Wm P. Mallet
D L Swain
[Will Book Volume G, page 177]
In the name of God Amen
I William Barbee of the County of Orange
and State of North Carolina being of Sound and
disposing mind and memory but considering
the uncertainty of life and the certainty of
death do make and publish this my last will and
Testament in manner and form as follows hereby
revoking all other wills heretofore made ~~~~
First I commend my soul to God who gave it and
my body I direct Shall be decently buried and
all expenses for the same paid by my executors
hereinafter named out of the first money that may
come into hand as a part or parcel of my estate ~~
Touching my worldly estate which God in his
goodness has been pleased to bestow upon me I give
and bequeath as follows
Item I give and bequeath to my Son Willis Barbee and
his heirs forever my Morgan Creek plantation
lying and being in the County of Orange on the
waters of Morgan Creek the same being the entire
tract or parcel of land that I bought from John
Morgan
The residue of my lands I give to my daughters
Delia Cave Emily Nunn Margret[sic] J. Hargrave and
Caroline Barbee Share and Share alike and their
heirs forever to be divided and valued by comm=
issioners as near equally as can be made
That lot or parcel of land that may fall to my
daughter Delia Cave I give to her during her
lifetime and at her death to her children share
and share alike
That part or parcel of land of that may fall to my
daughter Emily Nunn I give to her during
her lifetime and at her death to her children
Share and share alike
My negro Slaves that I may own at my death
I desire Shall be equally divided between my
children Viz. Willis Barbee Delia Cave Emily
[Will Book Volume G, page 178]
Nunn Margret J Hargrave and Caroline Barbee
Share and share alike
That part of [x-out] negro Slaves that may fall
to my daughter Delia Cave I give to her during her
lifetime and at her death to her children
share and share alike
That part of [x-out] negro Slaves that may fall
to my daughter Emily Nunn I give to her during
her lifetime and at her death to her children
Share and share alike
My personal property I desire shall be sold by
my executors hereinafter named and all money
due to me in any way I desire shall be collected
and the proceeds arising from the personal
property and the money that may be collected I
desire shall be equally divided between my children Share and
share alike
Lastly I nominate constitute and appoint
my son Willis Barbee and my friend J. W. Carr my
executors to this my last will and testament
believing that they will carry out the Same
according to my wishes
In witness whereof I said William
Barbee do hereunto set my hand and seal
this 16th day of September AD 1856
Signed sealed and published
by the said William Barbee to be W Barbee (seal)
his last will and testament in presence
of us Who at his request & in his
presence do subscribe our names E. Mallet jurat
as witnesses Jas. P. Mason
Codicil to the foregoing will made this 14th
day of July 1857
It is my most earnest desire that all my Slaves
shall be treated with humanity & kindness by my
children and that proper provision be made to
secure the comfort of the aged and infirm
[Will Book Volume G, page 179]
To this end I direct my Executors to retain in
their hands the sum of two thousand dollars out of
the proceeds of the Sale of my personal property and
to invest the Same in safe Stock or bonds and
divide the interest arising therefrom equally among
my Slaves as may be above sixty years of age at the
time of my decease and upon the death of the
last Survivor of the Slaves to divide the principal
money equally among my children in the manner
directed by the residuary clause in my will
Signed published and declared
in our presence who attest the same W Barbee
in [presence of] the testator and of each other
Wm P. Mallet W. Barbee
D L Swain
Orange County Court August Term 1857
The execution of the foregoing last will and testament
of William Barbee deceased was duly proved in open
court and ordered to be recorded
Test
Additional Comments:
Will Book Volume G, page 177-179
Recorded Aug 1857
Estate Papers comprise 44 pages and are found in a folder labeled "Barbee, William (1857)".
Delia married Hudson M. Cave
Emily married Ilai[Eli?] W. Nunn
Note 1: This re-counting of the testator's will in this petition skips a few words, but these discrepancies do not change the intent of the clauses.
[Estate Papers - Division of Slaves Jan 1858]
To the Worshipful the Justices &c
The Undersigned who were at Nov
ember Term 1857 appoint Commissioners to
divide the slaves of William Barbee de-
ceased amongst his legatees beg leave to
submit the following report: Having been
duly sworn, and having considered the mat
ter, they assess the Total value of the slaves
belonging to said estate at Sixty Five Thousand
Seven Hundred and Sixty Two Dollars: ($65762.00)
Which will give to each of the five lega-
tees, according to the will, Thirteen Thousand One
Hundred Fifty Two 40/100 Dollars ($13152.40) worth
of slaves : viz . ----
To Dr Willis Barbee --- ---- ---- ----- $13152.40
To Mrs Delia Cave & Children --- ---- --- $13152.40
To Mrs Emily Nunn & Children --- ---- --- $13152.40
To Mrs Margaret J. Hargrave --- ---- ---- $13152.40
To Miss Mary Carolina Barbee --- ---- --- $13152.40
______________
$65762.00
______________
To Dr. Willis Barbee we have assigned:
Jerry --- worth $1083.00 X Stephen --- worth $308. X Lizzie worth $500.
Jack --- " 1158.00 X Ann " 216. X Lavinia " 475.
James --- " 1116.00 X Harriet " 891. X Eli " 695.
Andrew --- " 191.00 X Nancy " 791. X Berry " 641.
Philip --- " 300.00 X Lucy " 900. X Albert " 687.
John --- " 958.00 X Patsy " 41. X Gift " 75.
Henry --- " 750.00 X Mary, Dick } X Henry " 600.
and Mack } ~~~~ 1200.
~~~ in all Twenty Three Slaves ; worth Thirteen Thousand
Five Hundred and Seventy Six Dollars ($13576.00); and
that he pay toe Mrs Margaret J. Hargrave One
Hundred and Seventy Nine 40/100 Dollars ($179.40)
and to Mrs Delia Cave and Children Two Hundred
and Forty Four 20/100 Dollars ($244.20) which will
reduce his share to $13152.40, as above.
Dr. Willis Barbee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ $13576
He pays to Mrs Hargrave $179.40; Mrs Cave $244.20 = $423.60 /
==================
Leave his share ~~~~~~~~~~~~~~~~~~~~~~ $13152 40/100
[page 2]
To Mrs Delia Cave we have assigned:
Melinda worth $141. Mary, David } worth $1291. X Joseph worth $800.
James " 787. Mahala & Norfleet} X Alex " $966.
Henry " 1100. George ----- " 641. Calvin " $1008.
Susan " 608. Henry ---- " 591. Maria " $883.
Edward " 400. Anna --- " 412. Simon " $~~8.
Sally " 416. Louisa Haywood} David " $362.
Lucinda " 241. Fanny & Jerry} " 1233.
~~ in all Twenty Four Slaves worth Eleven
Thousand Nine Hundred and Eighty Eight ~~
Dollars ($11988.00) ["worth of slaves" x-out] and that she
receive in money Two Hundred and Forty Four
Dollars twenty cents ($244.20) from Dr. Willis Barbee
Four Hundred and twenty three 60/100 Dollars ($423.60)
from Mrs Emily Nunn and children and Four
Hundred and Ninety Six 60/100 Dollars ($496.60) from
Mrs Mary Caroline Barbee, which will make
the share going to Mrs Cave and her children
by the will as above, $13152.40
Thus To Mrs Cave and her children in slaves --- $11988.00
In cash from Dr Barbee $244.20
" from Mrs Nunn $423.60
" from Miss M.C. Barbee $496.60
==================
~~~~~~~~~ Makes her share ~~~~~~~~~~~~~ $13152.40
To Mrs Margaret J Hargrave we have assigned:
George worth $965. X Whitfield $300 X Martha worth $541. ~~
Haywood " 1066. X Big Joe 450 ["Hillary " $885" x-out]
Avery " 800. X Pleasant 650 ["Charlotte" x-out ]
Peter " 758. X Charles 508 Candice " 183. ~~
Rufus " 720. X Annie 683 Doctor " 754. ~~
Nancy " 241. X Hillary 883 George " 666. ~~
Jane Adeline} 1208. X Charlotte 750 Tom " 400. ~~
& Henry } Munroe " 387. ~~
~~ in all Twenty Two Slaves worth Twelve
Thousand Nine Hundred Seventy Three Dollars ($12973.00)
and that she receive from Dr. Barbee in money One Hundred
and Seventy Nine 400/100 Dollars ($179.40) which makes her
share as above $13152.40
Thus To Mrs Hargrave (in slaves) --- $12973.00
In cash; from Dr Barbee $179.40
==================
Makes her share $13152.40
[page 3]
To Mrs Emily Nunn we have assigned:
Madison $1041.00 Sam $1091.00 ~~ Ellen $491.00 ~~
Minerva 825.00 Joe Tim 950.00 Ed $400.00
Beck 800.00 Bill 516.00 Fanny & } 770.00
Frances 866.00 Emmeline 566.00 Sally }
Ruffin 791.00 Sarah 816.00 Amanda 483.00
Little Joe 966.00 Violet 579.00 John 64.00
Tim 508.00 Patsy & } 633.00 Simon 420.00
Melinda }
~~ in all Twenty Two Slaves worth Thirteen
Thousand Five Hundred Seventy Six Dollars ($13576.00)
and that she pay to Mrs Delia Cave and Children
Four Hundred Twenty Three 60/100 Dollars ($423.60) which
will reduce the share going to herself & children
to $13152.40 as above.
Thus - to Mrs Emily Nunn in slaves $13576.00
She pays to Mrs Cave in cash $423.60 /
==================
Leaves her share $13152.40
To Mrs Mary C. Barbee we have assigned:
Isabella William } --- $1208.00 Henderson $841.00 Caty Melinda } $875.00
and Della } November 858.00 & Elijah }
Adaline 866.00 Stefney 916.00 Orange ---- 575.00
Munroe 808.00 Charity 875.00 West ----- 200.00
Hubbard 1025.00 Jinney 808.00 Charles ---- 500.00
Daniel 1191.00 Romelia 354.00 Lewis ---- 433.00
Gaston 1025.00 Jim 291.00 ------------------------
~~ in all Twenty Two Slaves worth ~~~~
Thirteen Thousand Six Hundred Forty Nine Dollars ($13649.00)
and that she pay to Mrs Delia Cave and Children
Four Hundred Ninety Six 60/100 Dollars which will
reduce the share going to herself to $13152.40 as above.
Thus - to Miss M.C. Barbee in slaves $13576.00
She pays to Mrs Cave in cash $496.60 /
==================
Leaves her share $13152.40
The various sums due as above are to draw in-
terest from the 1st of Janyary 1858.
Given under our hands & seals this ______ day
of January 1858
A. S. Jones (seal)
W. M. Gattis (seal)
Geo. W. Pasify (seal)
[Estate Papers - Complaint of Hudson Cane et al ]
State of North Carolina } Superior Court
Orange County }
Hudson M. Cave, Lilly B. Cave }
Thomas S. Steel & Susan C Steel }
against } Complaint
H. B. Guthrie & Jane Guthrie }
J. S. Stewart & Emily Stewart }
The plaintiffs allege
I. That on the 16th day of September 1856, William
Barbee made and executed his last Will and
Testament, which after the death of said Wm.
Barbee was duly admitted to Probate in Orange
County at August Term 1857 of the Court of Pleas
[and] Quarter Sessions and duly recorded in said County
II. That in said Will, the said William Barbee, after
some specific bequests, devises as follows:
"The Residue of my lands I give to my daughters
Delia Cave, Emily Nunn, Margaret J. Hargrave
and Caroline Barbee Share and share alike & their
heirs forever and valued by Commissioners as
near equal as can be - That lot or parcel of
Land that may fall to my daughter Delia Cave
I give to her during her life time and at her
death to her children share & share alike" [Note 1]
III. That Commissioners duly appointed made their
report to November Term 1857 of said Court of Pleas
& Quarter Sessions in they allotted as follows:
[page 2]
"Sub. No. 4 To Hudson M. Cave & Wife Delia
we allot the house and Sub in Chapel Hill es-
timated at Six acres with Improvements thereon
with meets and bound according to the Deed of
Conveyance to the said William Barbee Decd,
said Sub with the Improvements being valued
at $4500,00 We do also allot to the said Hudson
M. Cave & wife Delia one tract of Lands con-
taining 292 acres on which the Mill is situ-
ated lying on both side of Morgans Creek
being bounded by the lands of Gustine & A. S.
Jones on the South, lands of the late Henry Merrit Dec.
on the West, Jones Morgan & J P Mason on the North
and J P Mason & Wife on the East by us at $3500.00
who are to pay to Caroline Barbee the sum of $425.00
and Margaret J. Hargrave the sum of $425,00, and
to Ilia W. Nunn & Wife Emily S. Nunn the sum of $425.00"
all of which charges have been paid.
IV. That the children of Delia Cave, (who is
now dead) are the defendant Jane Guthrie
married to H.B. Guthrie. Emily marrie to J. S.
Stweat and Bellefield W. Cave (who died
(during the life term of his mother) leaving a son
Hudson M. Cave, now 26 years of age a daughter Lilly B. Cave age
22, and Susan Catherine Stell[?] age 24 inter-
married with Thurmond Steel[?].
V. That the Interest of B. W. Cave uses a
vested remainder and upon his death descen
[page 3]
ded to his children above named and they are
entitled to one third of the Said Lot No. 4 allotted
to Delia Cave and consisting of the House and
Sub on Franklin Street in Chapel Hill now occu-
pied by H. B. Guthrie and wife Jane and also
of the tract of 292 acres on Morgan's Creek on which
is situated a Mill now run by the Defendant H.
B. Guthrie.
Whereupon the plaintiffs demand judgment
that they are entitled to one third of above descended
property and pray that three disinterested commis-
sioners to divide the said tract into equal shares
and to set apart to your petitioners their share thereof
and make due report of their proceedings: and also
That the Defendants pay to the plaintiffs one third
of the rents and profits which have occurred since the
death of Delia Cave. Graham & Ruffin
Plff's Attos.
Jno W Graham being duly sworn says the he is
one of the Attorneys of the plaintiffs in the action;
that the foregoing complaint is true of his own
knowledge except as those matters state or informa-
tion and belief and as those matters he believes it to be true.
That the reason the verification is not made by the plaintiff is
that they reside in Georgia and are not within this County:
That deponents knowledge is derived from inspection of the
Will of Wm. Barbee and the report of the Commissioners and
the grounds of his belief are information derived from
letter of plaintiff's attorney J. G. McLanders of Thomasville Ga and
inquiry in this County of parties who knew the Cave family
Sworn & subscribed Oct 17 1878 Geo Laws CCC
Jno W Graham atto