Orange County NcArchives Wills.....Attwater, Moses July 4, 1836
************************************************
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 392-393
Written: July 4, 1836
Recorded: Nov 1836
Testator: Moses Attwater
I Moses Attwater of the County of Orange and State of No. Carolina
do make this to be my last Will & Testament in mannor and fororm[sic] following.
I lend it to my wife Amey, three Negro Boys, named Joe, Jack & Aaron,
likewise two Negro Women Milly & Anne and Anne's two Children John [and]
Stephen. likewise the land & plantation where on I now live, estimated
at four hundred Acres, also the land that her Father left her, & forty
Acres Adjoining the same, & fifty Acres adjoining which I
took up; also three choice work horses, geers, & plows for the same, &
working tools sufficient to carry on the farm; three Cows & Calves,
five Ewes & lambs, Hogs sufficient for her families use one year
and sows & pigs sufficient to raise from for future support, with
Kitchen & Table furnature sufficient for her use, two feather beds ---
steds & furniture, & likewise four hundred dollars in cash, if it should
be needed for her support, otherwise to return to my estate. And at
the death or Marriage of my said wife Amey; I give and bequeath
to my son Gehiel all the property, both real and personal, (except the
cash, which is herein mentioned and intended to be loaned to my
wife Amy, during the term of her natural life or widowhood) to him
his heirs, and assigns for ever.
I give and bequeath to my son Willson, all my land lying on the west side
of the highland pond branch to the Meadow branch, & west of a line from
the said Meadow branch to a poplar South to a post oak Corner in James Norwoods
line, to him his heirs & assigns forever --- --- --- --- ---
I give and bequeath to my son Edmund fifty dollars in cash, to him
his heirs and assigns for ever.
I give to my son Jahaza, all my lands lying south of the line called
Daniels line, near Betty Smiths Old Cabbin, and all south of Maderson
Cooks line to Isham Smiths spring branch: also a small piece or parcel
of land estimated at fifteen or twenty Acres, bounded by land which
said Jahaza purchased from John Fearrington, and Fearringtons
Old Mill path leading to the Cotten gin house, on the south side of the
Creek. to him his heirs and assigns for ever.
I lend to my daughter Lois Strowd during the term of her Natural life,
a Negro Girl named Joice, with her increase, which Negro Girl said
Lois has now in possession, and at the death of my daughter Lois, I give
[page 2]
I give and bequeath the Said Negro Girl Joice, with her increase,
to any, and all the children of my said Daughter Lois, share and
share alike, to them their heirs and assigns for ever.
I lend to my daughter Celia Strowd, The Negro Girl Mary, which she
Now has in possession, with her increase, during the term of her
Natural life, and at her death, my Will is that the sd Negro Girl, with
her increase, shall go to & descend to any & all the Children of my
said Daughter Celia, share and share alike, to them their heirs
and assigns for ever.
I give to my son Gehiel, the balance of teh Mill tract of land purchas
-ed from Fearington, not before given to my son Jahaza, likewise
the balance of the land in Chatham, not already given away, lying
on the south side of of[sic] the land I now live on, to him his heirs
and assigns for ever.
I leave all my Negroes not hearin mentioned, to be equally divided
betwixt my Sons Wilson and Jahaza & my two Daughters Lois Strowd
and Celia Strowd, to be theirs, their heirs and assigns for ever
All the remainder of my Estate, not herein mentioned, of whatever
kind or quality it may consist, I leave to be sold, and the proceeds
of such sale, together with the cash I may leave & the surplus of
the Money loan'd to my wife, if not applied to our use, Divided
amongst all my Children, share and share alike, Vizt. Wilson, Edmund
Jahaza, Gehiel, Lois Stroud[sic] & Celia Stroud[sic]. And I direct, that
if any of my Children should die, before the division of my Estate
shall take place, that then the child or Children of such dec'd
Child or Children surviving the parent legatee, shall represent
their dec'd parent, & receive the share that their dec'd parent
or parents would have been entitled to under my Will.
Lastly I constitute and appoint my two sons Wilson & Jahaza
Executors of this my last will & Testament. In testimony whereof
I do here unto set my hand & Seal this 4th of July 1836
Sign'd sealed & publish'd in presence of } Moses Attwater
J.H. Norwood }
Martha Bilnoop } Jurat Jahaza atwater qualifd as Exr.
Wilson atwater renounced his rights
as Exr.
[Will Book Volume E, page 392]
I Moses Attwater of the County of Orange and State of
No. Carolina do make this to be my last Will and Testament in manner
and form following I lend it to my wife Amey, three Negro Boys named
Joe, Jack & Aaron, likewise two negro Women Milly & Anne & Annes
two Children John & Stephen likewise the land & plantation where on I
now live Estimated at four Hundred Acres Also the land that her
Father left her & forty Acres Adjoining the same & fifty Acres
adjoining which I took up also three choice work horses geers and plows
for the same & Working tools sufficient to carry on the farm three Cows
& Calves five Ewes & lambs Hogs sufficient for her families use One year
and sows and pigs sufficient to ra[i]se from for future support with
Kitchen & Table furniture Sufficient for her use two feather beds steds
and furniture & likewise four Hundred Dollars in Cash if it should be
needed for her support otherwise to return to my Estate. And at the
death or marriage of my said Wife Amey I give and bequeath to my
son Gehiel all the property both real and personal (except the cash
Which is herein mentioned and intended to be loaned to my Wife Amey
during the term of her natural life or widowhood) to him his heirs
and assigns for ever ~~ I give and bequeath to my son William[Willson] all
my land lying on the West side of the Highland pond branch to the
Meadow Branch & West of a line from the said Meadow branch to
a popular[sic] South to a poast Oak Corner in James Norwoods line
to him his heirs & assigns for ever ~~~~~~~
[The following passage was found in the loose will, missing in will book]
I give and bequeath to my son Edmund fifty dollars in cash, to him his heirs and assigns for ever.
[end of missing passage.]
I give [x-out] to my
son Jahaza all my lands lying South of the line called Daniels line
near Betty Smiths Old Cabbin, and all South of Maderson Cooks
line to Isham Smiths Spring branch: also a Small piece or parcel
of land Estimated at fifteen or twenty Acres bounded by land which
said Jahaza purchased from John Farrington, and Farringtons
Old Mill path leading to the Cotton Gin house, on the south side
of the Creek to him his heirs and Assigns for ever I lend to my dau
=ghter Lois Strowd during the term of her natural life a negro
Girl named Joice With her increase Which negro Girl said
Lois has now in possession and at the death of my daughter Lois
I give and bequeath the said negro Girl [Joice] with her increase to any
and all the Children of my said Daughter Lois share and share
alike, to them their heirs and assigns for ever ~~~ I lend to my
Daughter Celia Strowd, the negro Girl Mary Which she now
has in possession With her increase, during the term of her natural
life and at her death my Will is that the said negro Girl with her
Increase Shall go to & descend to any & all the Children of my said Daughter
Celia share and share alike to them their heirs and assigns for ever
I give to my son Gehiel, the balance of teh Mill tract of land purchased
from Fearington not before given to my son Jahaza likewise the bal=
ance of the land in Chatham not already Given away lying on the
[Will Book Volume E, page 393]
South Side of the land I now live on, to him his heirs and assigns for ever.
I leave all my negroes not hereinmentioned to be Equally Divided betwixt
my sons Wilson and Jahaza & my two Daughters Lois Strowd & Celia
Strowd to be theirs their heirs and assigns for ever ~~ all the remainder
of my Estate not herein mentioned of whatever kind or quality it may
Consist I leave to be sold and the proceeds of such sale together
with the Cash I may leave & the surplus of the Money loaned to
my Wife if not applied to our use Divided Amongst all my Children
Share & Share alike (Viz) Wilson, Edmund Jahaza, Gehiel, Lois
Strowd & Celia Strowd and I direct that if any of my Children
Should die before the division of my Estate Shall take place that
then the Child or Children of Such decd. Child or Children surviv
=ing the parent legatee Shall represent their decd parent &
Receive the share that their dec'd parent or parents Would
have been entitled to under my Will
Lastly I Constitute and appoint my two sons Wilson & Jahaza
Executors of this my last Will & Testament In [x-out] Testimony [whereof]
I do hereunto set my hand and seal this 4th of July 1836
Signed sealed & published in presence of } Moses Attwater
J.H. Norwood }
Martha Bilbow }
Orange County November Term 1836 ~~~
The Execution of the foregoing Last Will and Testament of
Moses Attwater dec'd. was duly proved in Open Court by the Oath
of J H Norwood & Martha Bilbow the subscribing Witnesses
there to and ordered to be Recorded At the same time Jahaza
Attwater one of the [x-out] Executors therein named
appeared in open Court and qualified Accordingly
Test
Additional Comments:
Will Book Volume E, pages 392-393
Recorded Nov 1836
Many "t"s not crossed and "i"s not dotted. Transcribed as if they were.
No estate papers found.