Orange County NcArchives Wills.....Blackwood, David K June 16, 1859
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, page 226
Written: June 16, 1859
Recorded: Aug 1859
Testator: David K Blackwood
In the name of God Amen,
I David K Blackwood of the county of
orange and state of North Carolina,
being of sound mind and memory, but
of feeble health, do make and publish
this my last will and testament, here by
revoking, and making void all former
wills by me at any time heretofore made
Item first I direct all my just debts
and funeral expenses to be paid as soon
as possible out of the first monies that
may or shall come into the hands of my
executor[s] from any portion of my estate
item second I give and devise to my
beloved wife Tabitha my home tract of
land on which I now live containing
one hundred acres, to have and to hold
to her the said Tabitha for and during
the term of her natural life or during her
widowhood, I also give and bequeath to my
wife one bed and bed clothing during her
natural life, at her death my will is that
this bed shall be given to my daughter
Harriet J. Ward, I also give and bequeath
to my wife one sixth part of all my perishable
[page 2]
Estate,
Item 3rd I give to my children here at home
with me, (viz) John & Samuel Mary E., Julia
A. Blackwood one bed a piece and furniture
item fourth, My will and desire is that ["that" x-out]
the residue of my Estate both real and personal
shall be divided amongst my five children
share and share alike, if this cannot be
satisfactorily done, my will then is that
all of the my property both real and personal
except that portion which has been already
given off, shall be sold and the proceeds
equally divided amongst my five children
Item fifth My will and desire is that at
the death of my wife, that portion left
to her shall be equally divided between
my five children share & share alike and
if this cannot be done satisfactorily my will
is that it shall be sold and the proceeds
equally divided between my five children
share and share alike
sixth my will and desire is that if any
of my five children should die without
[a] legal heir then that portion so given off
shall be equally divided between my living
children share and share alike.
[page 3]
And lastly I do hereby constitute and
appoint my two sons, John M. Blackwood
and Samuel D. Blackwood my lawful
executors to all intents and purposes to
execute this my last will and testament according
to the true intent and meaning of the
same and every part and clause thereof
In witness whereof I the said David K-
Blackwood have hereunto set my hand
and seal this 16th June 1859
Signed sealed and David K Blackwood seal
delivered in the
presence of us who
have subscribed in
the presence of each
other
John L Davis jurat
Wm L Kirkland jurat
[second handwritten copy in loose wills]
In the name of God Amen
I David K Blackwood of the County of
Orange and State of North Carolina,
being of sound mind and memory but
of feeble health, do make and publish
this my last Will and Testament, hereby
revoking, and making void all former
wills by me at any time heretofore made
Item first I direct all my just debts
and funeral expenses to be paid as soon
as possible out of the first moneys that
may or shall come into the hands of my
executor[s] from any portion of my estate
Item second I give and devise to my
beloved wife Tabitha my home tract of
land on which I now live containing
one hundred acres, to have and to hold
to her the said Tabitha for and during
the term of her natural life or during her
widowhood, I also give and bequeath to my
wife one bed and bed clothing during her
natural life, at her death my will is that
this bed shall be given to my daughter
Harriet J. Ward, I also give and bequeath
to my wife one sixth part of all my perishable
[page 2]
Estate,
Item 3rd I give to my children here at home
with me, (Viz.) John & Samuel Mary E, Julia
A Blackwood one bed apiece and furniture
Item fourth, My will and desire is that
the residue of my Estate both real and personal
shall be divided amongst my five children
share and share alike, if this cannot be
satisfactorally[sic] done, my will then is that
all of my properdy[sic] both real and personal
except that portion which has been already
given off, shall be sold and the proceds[sic]
equally divided amongst my five children
Item fith[sic] My will and my desire is that at
the death of my wife, that the portion left
to her shall be equally divided between
my five children share & share alike and
if this cannot be done satisfactorily my will
is that it shall be sold and the proceeds
equally divided between my five children
share and share alike
Item 6th My will and disire is, that if any
one of my five children should die without
legal heir, then that portion so given off,
shall be equally divided between my living
children share and share alike
[page 3]
And lastly I do hereby constitute and
appoint my two sons, John M Blackwood
and Samuel D Blackwood my lawful
executors to all intents and purposes to
execute this my last will and testament according
to the true intent and meaning of the
Same and every part and clause thereof
In witness whereof I the said David K ~~
Blackwood hath hereunto set my hand
and seal this 16th June 1859
Signed sealed and David K Blackwood seal
delivered in the
presence of us who
have subscribed in
the presence of each
other
John L Davis jurat
William S Kirkland jurat
[Will Book Volume G, page 226]
In the name of God Amen
I David [K] Blackwood of the County of Orange
and State of North Carolina being of Sound
mind and memory but of feeble health
do make and publish this my last Will
and Testament hereby revoking and make=
ing void all former wills by me at any time
heretofore made
Item first I direct all my just debts and funeral expen=
ces to be paid as soon as possible out of the
first monies that may or shall come into
the hands of my executors from any portion
of my estate
Item second I give and devise to my beloved wife Tabitha
my home tract of land on which I now live
containing one hundred acres to have and
to hold to her the said Tabitha for and during
the term of her natural life or during
her widowhood I also give and bequeath to
[Will Book Volume G, page 227]
My wife one bed and bed clothing during
her natural life at her death my will is
that this bed shall be given to my daughter
Harriet J. Ward I also give and bequeath
to my wife one sixth part of all my perishable
estate
Item 3rd I give and bequeath to my Children here at home
with me (viz) John & Samuel Mary E. Julia A.
Blackwood one bed apiece and furniture
Item 4th my will and desire is that the residue of my estate
both real and personal shall be divided amongst
my five children Share and Share alike if
this cannot be satisfactorily done my will then
is that all of the my property both real and personal
except that portion which has been already given
off shall be sold and the proceeds equally div=
ided amongst my five children
Item fifth My will and desire is that at the death of my
wife, that portion left to her shall be equally
divided between my five children share and
share alike and if this cannot be done satisfac=
rely[sic] my will is that it shall be sold and the
proceeds equally divided between my five chil=
dren Share and share alike
Item 6th My will & desire is that if any of my five
children should die without a legal heir then that
portion so given off shall be equally divided be=
tween my living children share and share alike.
And lastly I do hereby constitute and appoint my
two sons John M. Blackwood and Samuel D.
Blackwood my lawful Executors to all intents
and purposes to execute this my last will and
testament according to the true intent and
meaning of the same and every part and
clause thereof In witness whereof I the Said
David K. Blackwood have hereunto set my
hand and seal this 16th June 1859
[Will Book Volume G, page 228]
Signed sealed and delivered David K Blackwood seal
in the presence of us who have
subscribed in the presence of
each other
John L Davis }
Wm S. Kirkland }
Orange County Court August Term 1859
The execution of the foregoing last will and testament
of David K. Blackwood decd. was duly proved in open
Court by the Oaths of John L. David and Wm S. Kirkland
the Subscribing witness thereto
Test
Additional Comments:
Will Book Volume G, page 226
Recorded Aug 1859
Two handwritten copies in the loose wills. Same handwriting in each, slightly different spellings. Both appear to have been signed by the actual signatories.
Estate papers comprise 18 pages and are found in a folder labeled "Blackwood, David K (1843)". Some transcribed below.
[Estate Papers - Inventory 28 Nov 1859]
Inventory of the Estate good and chattels
belonging to the Estate of Davd K. Blackwood
deceased in the hands of John M. & Sam'l
D. Blackwood Executor at the November
Term of the Court of Pleas & quarter Sessions
A.D. 1859
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Land
The Mountain tract of land containing
Two hundred and six acres (206)
The home Tract of land containing
one hundred acres & being the place
whereon [the] deceased resided prior to his
death
Agg 306 Acres
The following Negro Slaves Towit:
Katy a Negro Woman aged about 44 Years
Susan " " " " " 18 "
Ann " " child " " 2 "
Laura " " " " " 1 "
Ruffin " " Man " " 32 "
Jim " " " " " 17 "
Henry " " Boy " " 14 "
~~~~~~~
The following stock & personal property Towit:
For head of horses (including one colt)
Fourteen head of Cattle
Twenty Eight head of sheep
[sundry items omitted]
State of North Carolina } John M. & S. D. Black
} wood Executor of the
County of Orange } last will & Testament
} of David K. Blackwood
} late of said County decd.
being each duly sworn before me (the undersigned authority)
depose and say that the foregoing list hereto at-
tached contains a just true and perfect Inventory
of all the Real Estate goods and chattels of the
deceased which have come to their hands or the
hand of any other person for them
J. M. Blackwood
S. D. Blackwood
Sworn to and subscribed
before me this 28th day of
November A.D. 1859
W. J. Hogan JP
[Estate Papers - List Distributees ]
Tabitha D. Blackwood Legacy 723.81
Jno. M Blackwood " 995.15
Jas. M Ward " 517.73
Saml. D Blackwood " 871.00
Mary B. Blackwood " 995.15
Joseph Kirkland " 995.15
Balance of the proceeds of Said estate
in our hands for distribution
872.92
===========
$ 6369.41