Orange County NcArchives Wills.....Andrews, Laban October 5, 1837
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 130-132
Written: October 5, 1837
Recorded: May 1842
Testator: Laban Andrews
In the name of my heavenly Father Amen being in sound
mind and memory but weak in body I do this 5th day of October
in the year of our Lord one thousand eight hundred and thirty seven
make and constitute this my last Will and Testament in the
form and manner as follows - Item I wish my just debts to be
paid out of my Stock of horses. Item I lend to my beloved Wife
Rebecca dureing her natural life the middle part of my
tract of land on which I now live; bounded by the hog pen
branch on the West down to the creek and thence down the
creek to Graves-line, and on the east by the publick road
also I lend her during life my negro woman Cilvia and her child
Tom, a horse of her own choice & two cows together with my stock
stock[sic]of hogs that use about the lane and the household
and Kitchen furniture. Item I give and bequeath to my
son in Law Aarin Trip that part of my land on the west
of the above named hog pen branch; and that part on the
east side of the publick road I give and bequeath to my
son Green. Item I give and bequeath to my daughter Han-
-nah a negro child by name Margeret; but if this negro child dies
before the final division of my personal estate a mong my
children then said daughter shall be entitled to an equal share
among the rest of my children of the personal estate. I also give
and bequeath to said daughter Hannah a mare, and Cow.
Item It is my wish and will that my negroes Darkis [Dorcus], Peter
and gourden [Gordon] to be hired and out privately during my Wifes life
time and the money ariseing from the hire of said Negroes to be equally divided between my wife and children
and at her death together with the Negro woman
Cilvia and child to be sold privately: Out of the money a
rising from the sales of the above named negroes I will and
bequeath to my son John one hundred and seventy five
dollars as his proportionable part of said negroes the
balance of the money arising from the sales of the aforesaid
negroes it is my will & wish shall by equally divided a mong
the following of my children David, William, Henry, Nancy,
Cales, Berry, Wilie, Elizabeth Trip, Green and Delia
Robards share & share alike.
Item at the death of my wife Rebecca I give and be-
queath all the land I have lent her during life to my son
Green: and the household & kitchen furniture together with
what stock she may have I give and bequeath to my four
daughters Nancy, Elizabeth, Hannah & Delia
[page 2]
And I do moreover constitute and appoint my sons David
and Berry Executors to this my last will and Testament
In witness whereof I do hereby affix my hand [and] seal
Laban (+) Andrews (seal)
Signed and sealed in the
presence of
E Graves
A. Graves
J Careathers
Ruffin Andrews
The words inserted or interlined between the twenty
fifth & sixth lines and read as thus "and the money
arising from the hire of said Negroes to be equ-
-ally divided between my wife and children"
were inserted at a subsequent period by the
express request of the testator
Test
April 13th 1838 E Graves
A Graves
State of North Carolina } Court of Pleas and Quarter
Orange County } Sessions May term 1842
A paper writing purporting to be the last will &
Testament of Laban Andrews late of Orange County,
deceased, was propounded for probate to the Court
by David Andrews one of the executors named there
in, & Ruffin Andrews one of the attesting witnesses there
to, being duly sworn deposed & said that in October
1839 the said Laban Andrews produced the said
paper writing to the witness & John Careathers
already signed by him, & attested by E. Graves
& A Graves, with the written memorandum there
upon it attested by E. Graves & A. Graves & bearing
date Apl 13: 1838 - & declared by the same to be his
last will and testament, & requested them to attest it as
witnesses which they both did in the presence of each
other & of said Laban Andrews, & that said Laban
Andrews is thus in the full possession of his
mental faculties whereupon the court orders
the said will to be recorded
[This is a handwritten copy, made in 1855]
In the name of my heavenly father Amen being in
sound mind & memory but weak in body I do this 5th
day of October in the year of Our Lord one thousand Eight
hundred & thirty Seven make & Institute this my last will
& testament in the form & manner as follows Item I wish
my Just debts to be paid out of my Stock of horses
Item I lend to my beloved wife Rebecca dureing her
natural life the middle part of my plantation on which
I now live bounded by the hogpen branch on the west
down to the creek & thence down the creek to Graves
line and on the east by the publick road also I lend
her dureing life my negro woman Cilvie & her child
Tom a horse of her own choice two cows together
with my Stock of hogs that use about the land & the
household & Kitchen furniture Item I give & bequeath
to my Son in Law Aarin Tripp that part of my land
on the west of the above named hogpen branch and
that part on the East side of the publick road I give
and bequeath to my son Green Item I give & bequeath
to my daughter Hannah a negro Child by ["the" x-out] name
Margret but if this Negro Child dies before the final
division of my personal estate among my children then
said daughter shall be entitled to an equeal share
along [among] the rest of my children of the personal estate
I also give & bequeath to said daughter Hannah a mare
and Cow (Item) it is my wish and will that my Negroes
Darkis [Dorcus] Peter gourden [Gordon] to be hired & out privately dureing
my Wifes life & the money ariseing from the hires of said
Negroes to be equally divided between my wife & Children
and at her death together with the Negro woman Cilon[Cibon?]
& child to be sold privately out of the money ariseing from
the sale of the above named Negroes I will & bequeath to
my son John One hundred & Seventy five dollars as his
proportionable part of said negroes the ballance of the
money arising from the Sales of the aforesaid Negroes
[page 2]
it is my will & wish shall by equally divided among
the following of my children David. William. Henry.
Nancy. Cales. Berry Willie Elizabeth Trip Green & Delia
Robards Share & share alike Item at the death of my wife
Rebecca I give & bequeath all the land I have lent her
dureing life to my son Green & the household & kitchen
furniture together with what stock she may have I
give & bequeath to my four daughters Nancy Elizabeth
Hannah & Delia And I do moreover Constitute & appoint my
Sons David & Berry Executors to this my last will &
testament In witness whereof I do hereby affix my hand
& seal
Signed & sealed in } Laban (X) Andrews (seal)
presence of }
E Graves }
A Graves } the words inserted or Interlined between
J Careathers } the ninety[twenty] fifth & sixth lines & read
Ruffin Andrews } as thus and the money arising from the
hire of said Negroes to be equally divided
between my wife & children were inserted at a subsequent
period by the express riquest of the testator
April 13th 1838 Test --
E Graves
A Graves
Orange County May term 1842
A paper writing purporting to be the last will &
Testament of Laban Andrews late of Orange County
deceased [was] propounded for probate to the Court by
David Andrews one of the Executors named therein
& Ruffin Andrews one of the attesting Witnesses thereto
being duly sworn deposed & said that in October
1839 the said Laban Andrews produced the said
paper writeing to the witness & John Carethers
already signed by him & attested by E Graves
[page 3]
& A Graves with the written memorandum there-
-upon it attested by E Graves & A Graves bearing date
April 13 1838 & declared by the same to be his last will
& testament & requested them to attest it as witnesses
which they both did in the presence of each other & of
Said Laban Andrews & that said Laban Andrews
is thus in the full possession of his mental faculties
whereupon the court ordered the said will to be recorded
State of North Carolina
I George Laws Clerk of the Court of
Pleas & Quarter Sessions for Orange County
do Hereby Certify that the foregoing is a
true and perfect copy of the last will and
testament of Laban Andrews dec as appears
on record in my office
In testimony whereof I have hereunto
subscribed my name the 2d day of April AD 1855
[Will Book Volume F, page 130]
In the name of my Heavenly Father Amen being in sound
mind & memory but week[sic] in body I do this 5th day of
October in the year of our Lord one thousand eight hundred
& thirty seven make & institute[orig: constitute] this my last Will &
Testament in the form & manner as follows Item I
wish my Just debts to be paid out of my Stock of
horses Item I lend to my beloved Wife [x-out] Rebecca
during her natural lif[e] the middle part of my plantation
on which I now live bounded by the hogpen
branch on the West down to the Creek & thence
down the creek to Grave's line and on the east
by the publick road Also I lend her during life
my negro woman Cilvia & her Child Tom a horse of
her own Choice [&] two cows together with my stock
of hogs that use about the lane & the household &
Kitchen furniture Item I give & bequeath to my
son in Law Aaron Trip that part of my land
on the west of the above named hog pen branch
and that part on the East side of the publick road
I give & bequeath to my son Green Item I give
& be queath to my daughter Hannah a negro child
by name Margret but if this negro child dies before
the final division of my personal estate among
my Children then said daughter shall be entitled
to an equal share a long [orig: among] the rest of my Children
of the personal estate I also give & bequeath to said
[Will Book Volume F, page 131]
Daughter Hannah a mare, and Cow Item
It is my wish and will that my negroes Darkis [Dorcus]
Peter Gourden to be hired and out privately during
my Wife's life time & the money arrising from the hire
of said negroes to be equally divided between my
wife & Children And at her death together with
the negro woman Cilvia & child to be sold privately
Out of the money arising from the sales of the
above named negroes I will & bequeath to my
son John one hundred & seventy five dollars as
his proportionable part of said negroes the
ballance of the money arising from the sales
of the aforesaid negroes it is my Will & Wish
shall by equally divided among the following of
my Children David William Henry Nancy
Cates Berry Willie Elizabeth Trip Green & Delia
Robards s[h]are & share alike Item at the death
of my wife Rebecca I give & bequeath all
the land I have lent her during life to my
son Green & the household & kitchen furniture
to gether with what stock she may have I give
& bequeath to my four Daughters Nancy
Elizabeth Hannah & Delia And I do more over
Constitute & appoint my sons David & Berry
Executors to this my Las[t] Will & Testament
In witness whereof I do here by affix my hand
& seal
Signed and sealed in the presence }
of }
E Graves } The words inserted or interlined
A Graves } between the twenty fifth & sixth lines
J Careathers } and re[a]d as thus and the money
Ruffin Andrews } arising from the hire of said
} Negroes to be equally divided between
my wife & children" were inserted at a subsequent
period by the express request of the testator
April 13th 1838 Test
E Graves
A Graves
[Will Book Volume F, page 132]
Orange County May Term 1842
A paper writing purporting to be the last Will &
Testament of Laban Andrews Late of Orange County
deceased [was] propounded for probit[probate] to the Court by David
Andrews one of the executors named therein & Ruffin
Andrews one of the attesting witnesses thereto being
duly sworn deposed & said that in October 1839
the said Laban Andrews produced the said paper
writing to the witness & John Carethers already
signed by him and attested by E. Graves &
A Graves with the written memorandum there upon it
attested by E. Graves & A Graves [&] bearing dated[sic] Aprile 13
1838 & declared by the same to be his last Will &
Testament & requested them to attest it as witnessed
which they both did in the presence of each other
& of said Laban Andrews & that said Laban Andrews
is thus in the full possession of his mental faculties
whe[re]upon the court ordered the said will to be recorded
Additional Comments:
Will Book Volume F, pages 130-132
Recorded May 1842
The 1855, handwritten copy was much more difficult to read, interpret and understand than the original will. There were also number of omissions.
Estate Papers comprise 28 pages and are found in a folder labeled "Andrews, Laban (1842)". Some transcribed below
[Estate Papers - Fieri facias ]
7th March 1842
Then levied this execution
on the Defendants undivided interest
in the following named negros (to Wit)
Negro woman named Darcas
Negro woman " Lucy
Negro boy named Tom
Negro girl named Silvey
negro Man " Peter
negro Man " Jordan
which negroes are willed by Laban Andrews
to his wife for her life and then to Defendants
& other
W McCauley Deff
[back]
Fifa Ished[issued] the 4th
June 1842
Thos. Long JP
[Estate Papers - Petition Exparte May 1842]
State of North Carolina } Court of Pleas and
Orange County } Quarter Sessions
May Term 1842
To the Worshipful the Justince of said Court
The petition of David Andrews executor of
Laban Andrews humbly sheweth unto your
worships that Laban Andrews late of the County
of Orange hath departed this life leaving a last
will and testament which was duly proved
at the present term of this Court and ordered
to be registered, in which your petitioner is ap-
pointed his executor who has accepted the
appointment, qualified and is acting as such.
Your petitioner shews that the perishable
estate left by the said Laban Andrews will
not be of value sufficient to pay his debts -
And that among the negroes belonging to said
estate there is one by the name of Lucy, a child
born after the making of the will and before the
death of the testator which negro he is advised
does not pass by the will; and he prays your
worships that by an order of this Court he may be
directed to sell the said negro for the payment
of debts -----
J. W. Norwood
Atto.
[page 2]
This case coming on to be heard upon the pe-
tition and the Court being satisfied as to the truth
of the facts therein stated: It is ordered and adjudg-
ed that David Andrews the executor of Laban
Andrews deceased sell the negro Lucy mentioned
in the petition on a credit of twelve months at
the last residence of Laban Andrews deceased
after advertising the sale twenty day, that
he take bond & good security from the purchaser
& report to the next Court.
[Estate Papers - Estate Sale 17 Jun 1842]
A list of the property sold at the sale of Laban Andrews
deceased this 17th of June 1842, to wit
[sundry articles omitted]
One negro girl by the name of Lucy soled to John Andrews 160.50
Negro
John Lloyd hired Peter till 1 Jany next for ------ 28.00
David Andrews due for negro hire 1 Jan 1843 $65
By part payment ----------------- 16.25 48.75
Sale on a credit of nine months, except the
negro & that on a credit of 12 months
David Andrews
[Estate Papers - Arbitration Results]
Whereas the undersigned C. Jones & J.W. Norwood
were appointed arbitrators by David Andrews & Hen=
ry Andrews to settle & determine by award for
them all matters in dispute between them in re=
lation to the estate of their father the late Laban
Andrews deceased; & the said parties did re=
fer to the said arbitrators all such matters:
Now therefore the undersigned having fully
considered all the allegations & proofs which the
said parties have laid before them at their
several meetings & duly reflected upon & examined
the while matter, do hereby award the David
Andrews do release to Henry Andrews all
the right title & interest which said Daivd
claims in negroes, Jordan Peter & Tom by rea=
son of his purchase at execution sale; and
we further find & award that the balance which
was due to Henry Andrews for the estate of his fa=
there on account of negro hire (& a small surplus
of money in the hands of the executor in 1844) is
the sum of $33:65 including his share of negro
hire for the present year - of which sum after
deducting $15:74, which said Henry owed to said
David, then remains due to said ["David" x-out] Henry
the sum of Seventeen dollars and ninety four
cents ($17.94) which sum by the direction of said Henry Andrews,
we have interest as a payment on a note which
said Henry owes to said David for $39; which was
payable to J.H. Crutchfield & indebted[?] him to said
David. We further award that each of the par=
ties having one half the Court costs of the petition, not in=
cluding any attorney's fee; & that they pay to the
arbitrators jointly the sum of Twenty dollars
for their compensation. Signed sealed and
[page 2]
delivered by the undersigned as their a=
ward aforesaid this the 25th day of
July 1847
J.W. Norwood (seal)
Cad: Jones Jr. (seal)