Orange County NcArchives Wills.....Bingham, William J August 9, 1864
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 482-485
Written: August 9, 1864
Recorded: Feb 1866
Testator: William J Bingham
[page marked "1"]
In the name of God, Amen.
I, William J. Bingham, of the Coun-
ty of Orange, & state of North Carolina,
do declare this instrument, which is
written with my own hand, to be my
last will & testament, revoking all
others. viz.
1st All my debts, which are but few
and small, must be fully & speed-
ily paid.
2ndly To my beloved wife I
give all my property real & personal
with such exceptions only as shall be
hereinafter mentioned during her
natural life or widowhood, to use
and dispose of ["if" x-out] in part or whole
at her pleasure, and also to dispose
of by deed or will. In the event of
marriage - regarded an extreme im-
probability, she is to have such part
as the laws of the state give to wid-
ows whose husband die intestate.
[page marked "2"]
3rdly My wife will give our children
severally not less than one hundred &
fifty dollars, nor more than two hund-
red, for the purchase of such memori-
al, as each may elect, of their father's
love, which memorials I hope will be
useful, not showy, and durable - fit to
descend as heirlooms.
4thly the iron-safe is at my death the joint property
of my sons William & Robert; as also
the Academy building & the yard or
grounds pertaining thereto as now en-
closed: and should my sons or either
of them, desire it, my wife will deed to
them or him a site or sites with a few
acres of land - three or four - for a dwell-
ing place convenient to the Academy,
to which she will add fifty acres each
of woodland, on the Peacock tract,
for fuel. But should my sons or
either of them not continue the School
at Oaks, then the Academy & grounds,
as also the parcels of woodland before
[page marked "3"]
named, become as absolutely my wife's
as any other part of my possessions.
5thly Should Robina & Mary
Bingham, or either of them, be unmar-
ried at their mother's death, then before
division among our children be
made, each of them, i.e. Robina &
Mary must have five thousand
dollars in good bonds or stocks
ixtra, unless my wife shall have
made an equivalent provision for
them in her will
6thly If any of our sons or daugh-
ters should be in peculiar need, it is my
will, & I am sure it will be the will &
pleasure of my wife, as well as of the
less unfortunate of our own children,
that peculiar provision be made
for such peculiar need.
7thly If one only of my sons should
continue the school here, the other going
elsewhere or adopting a different line of
business, then the one conducting the
[page marked "4"]
school here must pay the other, or
his heirs, one half of the estimated val-
ue of the academy & Academy grounds.
7thly[sic] Let my wife feel perfect lib-
erty to increase, at her discretion the pro-
vision made for Robina and Mary,
["and"? x-out] and to give any aid & relief by her
judged proper to anyone of our
children or grand children, or to
any needy relative or friend, or to
any poor & needy neighbor, & espe-
cially to the widows or orphans of
Confederate soldiers.
In witness of all herein con-
tained I set my hand & seal
this ninth day (9th) of August
in the year of Our Lord one thous-
and eight hundred & sixty four
(1864.)
Test
J. J. Norwood W. J. Bingham (seal)
Oaks, N.C.
My wife and children will see remarks on accompany-
ing sheet. -----------
[page 5]
Oaks, Orange Co. N.C. Aug. 9th 1864.
Having just written my last will
& testament, revoking all others, I deem
it well to add a few words to the end
that my wife and children may not
missapprehend any part of said
will - this addition not to be regard-
ed as part or parcel of the will ---
My wife and children will remem-
ber that I have uniformly allowed the
wish & purpose - with God's blessing, to
give my sons the best education af-
forded by the country, expecting them,
with Heaven's blessings on such ad-
vantages, to be able to secure by their
own industry a competency[?] of worldly
substance, which it has always been
my chief desire in regard to property,
to make a comfortable provision
for my wife & daughters, in order
that they may maintain in comfort
[page 6]
their social position. How often
have my sons heard me say, as my
father often said to me; If a young
man with a good moral, religious,
& literary education in this country
cannot swim, he deserves to sink:
Such education God kindly enabled
me to bestow on my sons; and should
He vouchsafe to them life & health,
with the ordinary blessings of his
Providence on honest industry, they
will not feel the want of such pat-
rimony as my estate could afford.
Yet my wish, as clearly expressed in
my will, which I know my wife will
carry out, is, that if they or either of
them should meet with misfort-
une, she [x-out] feel not restrained
from relieving him or them, or his
or their family or families, as far
as may be convenient to herself,
& just to our daughters. --- And
now I have only to commend them
[page 7]
all wife, sons, daughters, sons-in-law,
daughters-in-law & grand children
to the blessing & grace of our Coven-
ant Keeping God, assured that
as without these none can be
rich, so with them none can be
poor
W. J. Bingham
P.S. The pen Knife presented me by Wm
Hall must be given to his friend, Wm
Bingham. As to the theological books
belonging to my brother Jno A. Bingham,
& bequeathed by will to me, I should
like my sons-in-law, Rev J. W. Mont-
gomery & Rev P. T. Penick to have
the full use of them - & indeed the abso-
lute possession of them. They can
make a mutually satisfactory divis-
ion. My sons Wm. & Robert can also
divide in like manner my brother's
Latin & Greek books
W.J.B
[page 8, envelope]
Last will & Testament written
wholly with my own hand, revoking
all others done August 9th A.D. 1864
W. J. Bingham
Oaks, Orange
N.Caro[page cut off]
[page 9, back of envelope]
A A Thompson
A A Thompson
Mebaneville
Alamance
Co
NC
[page 10]
[These are the court papers showing that the
will was found in a locked drawer among Bingham's papers and that it was in his handwriting, etc.
Too tedious to transcribe - no family history.
[Will Book Volume G, page 482]
In the name of God Amen
I William J Bingham, of the County of Orange
& State of North Carolina do declare this instru-
ment, which is written with my own hand to be my
last Will & Testament revoking all others viz
1st All my debts which are but few and Small must
be fully & speedily paid
2ndly To my beloved Wife I give all my property
real & personal With such exceptions only as shall
be hereinafter mentioned during her natural
life or widowhood to use and dispose of in part
or whole as her pleasure and also to dispose of
by deed or will: In the event of marriage
regarded an extreme improbability she is to have
such part as the laws of the State give to widows
whose husband die Intestate
3rdly My Wife Will give our children Severally not less
than one hundred & fifty dollars nor more than two
Hundred for the purchase of such memorial as each
may elect of their fathers love which memorials I hope
will be useful not showy, and durable fit to
descend as heir looms
4thly The Iron Safe is at my death the Joint property of
my Sons William & Robert as also the Academy
Buildings & the yard or grounds pertaining thereto
as now enclosed and Should my Sons or either of
them desire desire[sic] it my wife will deed to them or
him a Site or Sites with a few acres of land three or
four for a dwelling place Convenient to the
Academy to which she will add fifty acres each
for wood land on the Peacock tract for fuel but
should my Sons or either of them not Continue
the School at Oaks then the Academy & Grounds
as also the parcels of woodland before named
become as absolutely my wifes as any other
part of my possessions
5thly Should Robina & Mary Bingham or either
of them, be unmarried at their mothers death
[Will Book Volume G, page 483]
then before division among our children
be made, each of them, i.e. Robina & Mary
must have five thousand Dollars in good
bonds or stocks extra unless my wife shall
have made an equivalent provision for
them in her will
6thly if any of our Sons or Daughters Should
be in peculiar need it is my will & I am
sure it will be the Will & pleasure of my Wife
as well as of the less unfortunate of our own children
that peculiar provision be made for such
peculiar need
7thly if one only of my Sons should continue the
school here the other going [x-out] elsewhere
or adopting a different line of business then
the one conducting the School here must pay the other
or his heirs one half of the estimated value of the
Academy Grounds.
7thly[sic] Let my wife feel perfect liberty to increase
at her discretion the provision made for Robina and
Mary and to give any aid & relief by her Judgment [judged proper]
to any one of our Children or grand Children or
to any needy relation[relative] or friend or to any poor &
needy neighbor and especially to the widows or orphans
of Confederate Soldiers.
In witness of all herein contained I set my
hand & seal this ninth day (9th) of August in the
year of our Lord one Thousand Eight Hundred
& Sixty four 1864
Test J J Norwood W. J. Bingham (seal)
My wife and children will see remarks on
accompanying sheet
Oaks Orange Co N.C. Augt. 9th 1864
having Just Written my last Will & testament
revoking all others I deem it Well to add
a few words to the end that my wife & Children
may not misapprehend any part of said will
this addition not to be regarded as part or parcel
[Will Book Volume G, page 484]
of the will: My wife & children will remember
that I have uniformly allowed the wish & purpose
with Gods Blessing, to give my Sons the best educa
tion afforded by the Country expecting them with
heavens blessings on Such advantages to be able to
secure by their own industry a competancy of worldly
substance which it has always been my chief
desire in regard to property, to make a comfortable
provision for my wife & Daughters in order that
they may maintain in Comfort their social
position: How often have my sons heard me
[passage in loose will, skipped in will book version]
say, as my father often said to me;
[end of skipped passage
if a
young man with a good moral religious & literary
education in this Country cannot Swim he deserves
to sink such education God kindly enabled me
to bestow on my sons and should He vouchsafe to
them life & health, with the ordinary blessings of his
Providence an[on] honest industry they will not
feel the want of such patrimony as my estate could
afford yet my wish as clearly expressed in my Will
which I Know my wife will carry out is that if they
or either of them should meet with misfortune she
feel not restrained from relieving him or them or
his or their family or families as far as may be
Convenient to herself & Just to our Daughters and
now I have only to commend them all Wife Sons
Daughters sons-in-law, Daughters-in-law & grand children
to the blessing & grace of our Covenant Keeping God,
assured that as without these none can be rich so with
them none can be poor
W. J. Bingham
P.S. The pen Knife presented me by Wm Hall
must be given to his friend Wm Bingham as to
the theological books belonging to my Brother
Jno A Bingham [and] bequeath[ed] by will to me I Should
like my son in law Rev J W Montgomery & Rev
P T Penick to have the full use of them & indeed
the absolute possession of them they can make a
mutually satisfactory division my sons Wm &
[Will Book Volume G, page 485]
Robert can also divide in like manner my
Brothers Latin & Greek books
W.J.B
Orange County Court Feby Term 1866
The Execution of the foregoing last Will and testament
of William Bingham deceased was duly proved
in pen Court according to law See minutes
Test Geo. Laws CCC
State of North Carolina
Know all men by these presents that I
Hudson M Cave of the County of Orange and State aforesaid
do hereby given and bequeath all that portion of land
given and left to me by my father Balfield Cave
of the County of Orange and State of Virginia
to my two Children towit) James [?] Cave and
Emily M Cave his true and lawful Children
to be equally divided either by Sale or as they
may agree to have and hold the Same to
them and their heirs forever
Given under my hand and Seal
this 22d day of Noveber 1834
The above is my hill Hudson M Cave (seal)
and testament
Orange County Court Feby Term 1866
The foregoing last Will and testament
was duly proved in open Court according
to law See minutes
Test Geo Laws CCC
Last will and Testament written wholly with my own hand, revoking all others done August 9th A.D. 1864 W. J. Bingham Oaks, Orange N.Caro[page cut off] [page 9, back of envelope] A A Thompson A A Thompson Mebaneville Alamance Co NC [page 10] [These are the court papers showing that the will was found in a locked drawer among Bingham's papers and that it was in his handwriting, etc. Too tedious to transcribe - no family history.
Additional Comments:
Will Book Volume G, pages 482-485
Recorded Feb 1866
Estate Papers comprise 69 pages and are found in a folder labeled "Bingham, William I (1866)". Much of this is a dispute about Confederate money being used to purchase some of the testator's real estate. This testator was also connected with The Bingham School ("military and classical school").
The Bingham Military School (originally named the Bingham School) was situated near Mebane Station, NC, 1865-1891, and moved to Asheville, NC, in 1891. Robert Bingham was superintendent from 1873 to 1920.
Owen (White) Bingham was the widow of Col. William Bingham (1835-1873), son of the testator, died in Gainsville Florida 18 Feb 1873 having gone there for his health. Their children were William James Bingham, Walter Bingham, Mary S. Bingham, Ernest Bingham and Herbert Bingham
CAVEAT: the administrator of this estate, Robert Bingham, son of the testator, was appointed 2 Mar 1866. The testator's tombstone clearly reads "19 Feb 1886". It would appear that the stone is incorrect. Lefler and Wager's Orange County, 1752-1952 (p. 324) also refer to his death as occurring in 1866