Orange County NcArchives Wills.....Bird, Empson January 15, 1831
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/nc/ncfiles.htm
************************************************

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 237-238
Written: January 15, 1831
Recorded: Feb 1831
Testator: Empson Bird

In the name of God Amen
        I Empson Bird of the County
of Orange and state of North Carolina being
of sound and perfect mind and memory
do this 15th day of January 1831 make and
publish this my last will and testament
in manner following that is to Say

=   First I give and beque[a]th to my wife
Polley Bird one bed and one cow one pot one
oven one walnut table and three chairs

=   Secondly I will that all the remainder
of my perishable property be Sold on a credit
of twelve months and that the track[sic] of
Land I bought of Catherin Redding be Sold
seperate[sic] from my old track on a credit
of one and two years with interest after one
year and that my old track that I now
live on be Sold on a credit of one two
and three years with interest after one year

=   Thirdly I will that my debts be paid
out of the money arising from my
perishable property

=   Forthly I will to my wife Polley Bird
the one third part of the interest that may
accrue from the Sale of my land during
her lifetime

=   Fifthly In consequence of my
father-in-law willing Hannah and her

[page 2]
children to my two oldest daughters namely
Eliza Bird and Citty Bird I will and
bequeth that all the money arising from
the Sale of my property to be equely devided a-
monge my three youngest children namely
Martha Bird John Bird and Richard Bird
and it is further my will that the interest
of the money be applyed for the education
of my three youngest children

    And it is my dieing request that my
Sister Betsy Florence should take and raise my
daughter Eliza and that my sisterinlaw
Nancy Kirkpatrick should take and raise
Citty and that Cosin Sarah Walker take
and raise my daughter Martha and
that my uncle James Dickey should take and
raise my son John and that my Friend
George Jorden should if he thinks it necessary
get some suitable place for my son Richard
and I hope the Lord will reward thim
for there[sic] kindness

    And I hereby make and ordain my
worthy friend George Jorden executor of this
my last will and testament in witness wher
-eof I have set my hand and seal the day and
year above written
                           Empson Bird (seal)
Signed Sealed and published in
the presence of us who were present
at the time of Signing and sealing
thereof Jehu Bird Jurat
        James Byrd &
        Charles Jordan

[Will Book Volume E, page 237]
In the name of God Amen I Empson Bird of the
County of Orange and State of North Carolina being of
Sound and perfect mind and memory do this 15th day of
January 1831 make and publish this my last will and testament
in manner following that is to Say First I gave and bequeath
to my wife Polly Bird one bed and one cow one pot one oven one
Walnut Table and three chairs Secondly I Will that all the remainder
of my ["property" x-out] perishable property be Sold on a credit of twelve
months and that the tract of Land I bought of Catherine
Redding be Sold Seperate[sic] from my old tract on a credit
of one ["Year" x-out] and Two Years with Interest after one year and
that my old track that I now live on be Sold on a credit of
one two and three years with interest after one year

[Will Book Volume E, page 238]
Thirdly I will that my debts be paid out of the money
ariseing from my perishable property Fourthly I will
to my wife Polly Bird the one third part of the intrust[sic]
that may accrue from the Sale of my land during her lifetime

Fifthly Inconsequence of my Fatherinlaw [willing] Hannah and
her Children to my two oldest daughters namely Eliza
Bird and Citty Bird I Will and bequeath that all the
money ariseing from the Sale of my property to be equally
divided amonge my three youngest children namely Martha
Bird John Bird and Richard Bird and it is further
my Will that the Intrust of the money be applied for the education
of my three Youngest Children And it is my dieing request that
my Sister Betsey Florence Should take and ra[i]se my daughter Eliza
and that my Sisterinlaw Nancy Kirkpatrick Should take
and raise Citty and that Cousin Sarah Walker take and raise
my daughter Martha and that my uncle James Dickey Should take
and raise my Son John and that my Friend George Jordon Should
if he thinks it necessary get some Suitable place for my Son Richard
and I hope the Lord will reward them for there[sic] kindness

And I hereby make and ordain my Worthy friend George Jorden
Executor of this my last Will and Testament in witness whereof
I have set my hand and seal the day and year above Written
                                             Empson Bird (seal)
Signed Sealed and published in
the presence of us who were present
at the time of Signing and Sealing
thereof Jehu Bird
        James Byrd
        Charles Jordan

                     Orange County February Term 1831
The Executor of the foregoing Last Will and Testament of
Empson Bird was duly proved in open Court by the Oath of
Jehu Bird a Subscribing Witness there to and ordered to
be recorded
                      Test

Additional Comments:
Will Book Volume E, pages 237-238
Recorded Feb 1831

Estate Papers comprise 16 pages and are found in a folder labeled "Bird, Empson (1831)".  Widow describes herself as "Mary Bird". Testator died "March last"? With the will being proved in February, March does not appear to be correct.  Some of these papers are the allotment of dower.  Includes inventory of notes, and account of sales. 1831 To Hire Hannah this year say for 8 months $5.00; 1832: $17.20, 1833: 15.05.

[Estate Papers - Division of Negroes]

[This appears to have been written with very wet ink and then sanded.  It is smeared and speckled with black dots.]

    In pursuance of a commission to us
directed from Orange County Court to
divide the Negroes belonging the Joseph
Montgomery and wife and Christian
Byrd heirs of Empson Byrd Decd.
equally between them share and share
alike and we have done so in the
following Manner to wit Hannah
& John & Juliann to compose one lot
to Joseph Montgomery and Green[?]
& Minerva to compose the other lot
to Christian Byrd and that we do
assign the value of each lot to be of
equar[sic] value

    Given under our hand and seals
this 2nd Day of January 1836
                 C T Faucette
                 Doctor Dickey
                 Jas. ???????