Orange County NcArchives Wills.....Smith, Stephen Messer February 19, 1816 ************************************************ 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 160-161 Written: February 19, 1816 Recorded: May 1828 Testator: Stephen Messer Smith State of North Caralina Orange County - - - - - - - - - - - - - - - - - - - - - - - In the name of God, Amen } Know all men By these presents that I Stephen Messer Smith of sd. County and State above mentioned Being in perfect Health and memory and Calling to mind that It Is Appointed Once for All men to Die do By these presents Constitute this my last will and testament And By these presents do further disannul all other wills and testaments heretofore mentioned rights Titles Or Claimes whatsoever that is to say first Of all I give my soul Into the Care of Almighty God who Gave It me my Body I Commit to the dust from whence It Came to Be Buried In a decent Orderly manner As my Executors or Relations deemes necessary { first of all I Give and Bequeath Unto my Beloved wife Susannah Smith If It should please God that she survives longest A decent Maintenance during her widowhood Out of my personal property { second { I give and Bequeath Unto My Daughter Catherine Gates five shillings sterling { third { I give and Bequeath unto My Daughter Mary Smith One Bed and furniture & one Cow { fourth { I give and Bequeath unto My Daughter Johannah Parker one Cow { fifth { I give and Bequeath unto my Daughter Elizabeth Horner five shillings Sterling { sixth { I give and Bequ[e]ath unto my two sones Leonard and William Smith My plantation whereon I now Live also my Blacksmith tools and one half of the Grist Mill and saw mill also one horse and saddle and Bridle apiece to Be equally divided Between them When the[y] Come of age { seventh { I give and Bequeath unto my Daughter Sarah Smith one Bed And furniture and one Cow { Eighth { I give and Bequeath unto my Daughter Dice one Bed and furniture and one Cow { ninth { I give and Bequeath unto my Daughter Agnes one Bed And furniture and Cow also one walnut table now In my possession { tenth } I moreover give Give[sic] and Bequeath unto my Grandaughter Of my Daughter Mary's named Jenney one Cow and Calf Bed and furniture { Eleventh { I give and Bequeath unto my grand son of my Daughter Sarahs one Cow And two year's schooling whose name Is John { I moreover Appoint Jacob Waggoner & John my only Executors to this my Last will and testament signed seald and Confirmed In the presence of these witnesses --- [page 2] This 19th day of February In the year of our Lord one thousand Eight hundred and sixteen his Thos Hall Stephen Meser (X) Smith (seal) mark [Will Book Volume E, page 160] State of North Carolina } Orange County } In the name of God, Amen Know all men By these presents that I Stephen Messer Smith of said County & State above mentioned, being in perfect health & memory & Calling to mind that it is appointed once for all men to die do By these presents Constitute this my last Will & testament & by these presents, do further disannul all other wills & testaments heretofore mentioned, rights titles or Claims whatsoever, that is to say, First of all I give my soul into the Care of Almighty God, who gave it me -- My Body I Commit to the dust from whence it Came to be buried in a decent, orderly manner as my Executors or relations deem necessary -- First of all I give & bequeath unto my beloved Wife Susannah Smith if it should please God that she survives longest a decent maintenance during her widow-hood out of my personal property --- Secondly I give & bequeath unto my daughter Catherine Gates five shillings Sterling. Third I give & bequeath unto my daughter Mary Smith One bed & furniture & one Cow -- Fourth. I give & bequeath unto my daughter Susannah[Johannah] Parker one Cow -- Fifth. I give & bequeath unto my daughter Elizabeth Horner five Shillings Sterling. Sixth. I give & bequeath unto my two sons Leonard & William Smith my plantation whereon I now live, also my blacksmith tools & one half of the Grist Mill [and saw mill], also one horse & saddle & bridle apiece to be equally divided between them, When they come of age -- Seventh I give & bequeath unto my dau= ghter Sarah Smith one bed & furniture & One Cow. Eighth. I give & bequeath unto my Daughter Dice one bed & furniture & One Cow - Ninth. I give and bequeath unto my daughter Agnes one bed & furniture & Cow, also one Walnut table now In my possession. Tenth. I moreover give & bequeath unto my Grand-daughter of my daughter Mary's named Jinney one Cow [and Calf] & bed & furniture - Eleventh I give & bequeath unto my grand-son of my daughter Sarah's one Cow & two Year's schooling whose name Is John. - I moreover Appoint Jacob Waggoner & John my only Executors to this my Last will & testament. -- Signed Sealed & Confirmed in the presence of these Witnesses this 19th day of February In the Year of our Lord One thousand Eight hundred & sixteen his Thos. Hall Stephen Meser (X) Smith (seal) mark Orange County May Term 1828 The Execution of the foregoing last Will & testament of Stephen Messer Smith was duly proved in open Court by the Oaths of Joseph A. Woods, Thomas B. Patterson, Samuel Woods & Michael Ray who swear that they were well acquainted with Thomas Hall [Will Book Volume E, page 161] the subscribing Witness to said will ~~ that they had frequently seen him Write that they believe the name Thos. Hall subscribed as a Witness to said Will is in the proper Hand Writing of said Thomas Hall ~~ And that said Thomas Hall has long since been dead ~~ And that Stephen Messer Smith the testa= =tor was an illiterate man & Could not write. Ordered therefor that the will be Recorded. Test Additional Comments: Will Book Volume E, pages 160-161 Recorded May 1828 Estate Papers comprise 231 pages and are found in a folder labeled "Smith, Stephen (1828)". Testator died in 1825. Testator has entered into a co-partnership with Jacob Wagoner Junior. In addition to the above slave inventories, which vary slightly from one another, another inventory lists: "Bill, Peggy, Lindsey, Charles, Rachael, Tom, Bess, George, Aaron & Rose". A subsequent list crosses off "Bess" and inserts "Clary". The main information is transcribed here, but if a researcher is focused on this lineage or the slaves, it would be wise to re-examine all of these estate papers. John Parker is married to Hannah. Thomas Horner is married to Elizabeth Frederick Horner is married to Sally Fred Gates married Caty and left the following children: Leonard, William, Stephen, Fred, James John Henry and Jacob Gates. [Estate Papers - Inventory 2 Oct 1832] A List of the Property found in the possession of Jacob Waggoner by James C. Turrentine Sheriff of Orange County 2nd day of October 1832 4 Tracts of Land containing in all 700 acres 1 Negro Girl named Peggy ~~~~ 1 Negro Boy named Bill ~~~~ 1 Do Do named Linsey ~~~~ 1 Negro Girl named Rachel ~~~~ 1 Negro Boy named Tom ~~~~ 1 Negro Girl named Betsey ~~~~ 1 Negro Boy named George ~~~~ 1 Negro Boy named Aaron ~~~~ 4 head of Horses [Estate Papers - Sale of Negroes 27 Sep 1834] By Virtue of a Decree of the Court of Equity at September Term 1834 It is ordered that the Clerk and Master of this Court Divide he Negroes belong ing to Smith & Wagoner now in Possession of Wagoner by Sale or other wise and that the Master ascertain what Sum is due to John Smith son of Sally Smith under a Clause in Stephen M. Smiths Will The Negroes Will be offered to the Highest [bidder] on a Credit of Six Months Bond and Security Require by the Master from the Purchasers September 27. 1834 Peggy about 40 Wm Hall 166 Billy about 40 Jacob Wagoner 406 Rachael 13 Jacob Wagoner 470 Linsey 22 Josiah Turner $ 501 Betsey 10 Jacob Wagoner 326 Tom 12 Jacob Wagoner 510 George 6 Jacob Wagoner 220 Aaron 4 Jacob Wagoner 151 Clary $335 { about 35} child 2 months Jacob Wagoner $ 450