Orange County NcArchives Wills.....Battle, Mary P 1856
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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 G, pages 495-496
Written: 1856
Recorded: May 1866
Testator: Mary P Battle

In the name of God Amen I Mary P. Battle,
being infirm in health but of sound mind
and memory, do hereby make my last will and
testament as follows:

First - I give to the sole and separate use of Mar-
garet Battle wife of my son Amos J. Battle during
her coverture a negro woman named Dinah and
her children with her and their future increase; which
said slaves are now in the possession of the said Mar-
garet - By future increase I mean such as the said
slaves may have after the date of this will - At the death
of my son Amos J. Battle or his wife I give the said
slaves and increase to the children of my said
son and daughter-in-law -

Secondly - I give to my daughter Catharine A. Lewis
a negro girl named Celey[Celsy?] with her increase from
this time; also a note for five hundred dollars due
me from Andrew Mickle and others, or such part of
said note as may be unpaid at the time of my
death -

Thirdly - I give to the sole and separate use of my
daughter Laura C. Phillips wife of Charles Phillips,
my negro girl Eliza with her future increase from
this time; also my five shares of stock in the Wil-
mington and Weldon Rail Road Company; and
also such furniture as I may leave at my death -

Fourthly - I give to my son Richard H. Battle one half

[page 2]
of what he may owe me at the time of my death -
The other half I give to my son Benjamin D. Battle; to
whom I give also whatever he may owe me at the
time of my death -

Fifthly - I give to my son Christopher C. Battle whatever
he may owe me at the time of my death

Sixthly I give to my son in law Dr. William H. McKee
and his children whatever they or either of them may
owe me at the time of my death -

Seventhly - I give to my son William H. Battle a note
for two hundred dollars which he owes me, or such
part of said note as may remain unpaid at
the time of my death -

Lastly - If I have or may have at the time of my death
any property of any kind not herein otherwise dis-
posed of, I give the same to my daughter Catharine
A. Lewis

I hereby nominate and appoint my son William
H. Battle sole executor to this my last will and testament
Signed, sealed & published this
7th Day of August 1856 in presence       Mary P Battle
    of Saml F. Phillips
       Manuel Fetter jurat

Since the death of my son Benjamin D. Battle it [is my wish? See Note 1]
that my son Richard H. Battle shall have the whole of what he may owe
me at the time of my death
Signed and published this                    Mary P Battle
_____ day of December 1857
        S. F.  Phillips
        M. Fetter.

[Will Book Volume G, page 495]
In the name of God Amen
I Mary P. Battle, being infirm in health but
of Sound mind and memory do hereby make my
last Will and testament as follows;

First. I give to the Sole and separate use of Margaret
Battle wife of my son Amos J Battle during her
Coverture a negro woman named Dinah and her
Children with her and their future increase which
Said Slaves are now in the possession of the Said
Margaret, By future increase I mean Such as the
Said Slaves may have after the date of this will - At the
death of my son Amos J Battle or his wife I give the
Said Slaves and increase to the children of my Said
Son and daughterinlaw

Secondly - I give to my daughter Catharine A
Lewis a negro girl named Celsy with her increase
from this time; Also a note for five Hundred
dollars due me from Andrew Mickle and others
or such part of said note as may be unpaid at the
time of my death

Thirdly - I give to the Sole and Separate use of
my daughter Laura C Phillips wife of Charles
Phillips my negro girl Eliza with her future increase
from this time; Also my five shares of Stock in the
Wilmington and Weldon Rail Road Company; and
also such furniture as I may leave at my death

Fourthly - I give to my son Richard H Battle one
half of what he owes me at the time of my death - the
other half I give to my son Benjamin D Battle to
whom I give also whatever he may owe me at the
time of my death,

Fifthly - I give to my son Christopher C Battle
whatever he may owe me at the time of my death

Sixthly - I give to my Son-in-law Dr William H McKee
and his children whatever they or either of them may
owe me at the time of my death

Seventhly - I give to my son William H Battle a note
for two hundred dollars which he owes me or

[Will Book Volume G, page 496]
Such part of said note as may remain unpaid at
the time of my death

Lastly - If I have or may have at the time of my
death any property of any kind not herein otherwise
disposed of I give the Same to my daughter
Catharine A. Lewis

I hereby nominate and appoint my son
William H Battle sole executor to this my last
will and testament

Signed, sealed and published this
7th Day of August 1856

    In presence of
    Saml F Phillips              Mary P Battle
    Manuel Yetter Test

Since the death of my son Benjamin D. Battle
it is my wish that my son Richard H Battle shall
have the whole of what he may owe me at the
time of my death.

Signed and published
this ____ day of December 1857

S F Phillips                     Mary P. Battle
M. Fetter.

Orange County Court May Term 1866
The execution of the foregoing last Will and testament
with the codacil[sic] annexed of Mary P Battle decd. was
duley[sic] proved in open Court according to law
and ordered to be recorded for probate See minutes

Additional Comments:
Will Book Volume G, pages 495-496
Recorded May 1866

Note 1: In the loose will, this area is obscured by revenue stamps.

Estate Papers comprise three pages and are found in a folder labeled "Battle, Mary P".  This is a brief, undated inventory consisting mostly of a list of notes held by the testator. There is a note: "The deceased had clams again her children other than W. H. and R.H. Battle.  The accounts are not known & cannot be now be[sic] ascertained, nor is it material that they should be as that are bequeathes to the parties respectively."