Orange County NcArchives Wills.....Walker, James May 20, 1852
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 115-118
Written: May 20, 1852
Recorded: Nov 1855
Testator: James Walker
In the name of God amen. I James Walker
of the County of Orange & State of North Carolina
being of sound and disposing mind and memory
(blessed be God) do this the 20th day of May one thous
=and eight hundred and Fifty Two make and publish
this my last will and Testament Hereby revoking
and makeing Void all other wills previously
made by me the said Jas. Walker in the manner follow
=ing Viz. Whereas I have made (provides[prior] to this time)
certain advancements to all my children except to
my son William Walker. Now be it remembered
as it is my desire and will that each one of my
Children shall share and shear[sic] alike of my
estate equally, I have thought propper to Cess[assess] and
value each and every advancement myself which
agreeable to my best Judgement is as follows. That
is to say I have given and advanced to my son in
law William Philpot to the amount of nine
hundred seventy nine dollars and fifty cents and
also I have advanced to my son Jesse Walker
Hundred & seventy seven dollars, Also I have
advanced to son Thomas Walker nine Hundred
and sixty ["and" x-out] two dollars. Also I have advanced
to [my] son Jeremiah Walker Six hundred and eighty
seven dollars. Also I have advanced to my son in
Law Robert Hall Jur. Eight Hundred Twelve
dollars and fifty cents. Also I have advanced
to my son in law John Green Nine Hundred
forty Eight dollars and fifty cents. Also I
have advanced to my son in Law Samuel Cole
nine hundred Twenty dollars and fifty cents.
Also I have advanced to to[sic] my son in law
William L. Hampton Eight Hundred four doll
=ars and Twenty five cents Also I have advanced
to my son James R. Walker nine Hundred and Ninety
Five
[page 2]
dollars. Also I have advanced to [my] son in Law Wesley
H. Roberts one thousand seventeen dollars and fifty
cents. Also I have advanced to my son in Law Zachariah
H. Lyon Nine Hundred and Ten dollars. Also I have
advanced to my daughter Sarah Walker one Thou
=sand dollars. Now be it remembered that it
is my will and desire that my son William Walker
after my death shall have as much as either one
of the rest of my Childrin in money, out of my
estate. Which money I wish to be lawfully placed
into the hands of his Guardian to be kept & used
to the benefit of him the said William. It is further
my will and wish that soon after my death that
my Executor or Executors sell to the highest bidder
at publick sale or sales, all the property that I may
die seized and possessed of, Negroes and Lands together
with all the other property, on a credit of one and
two years. And that the said executor or executors take in
hand the moneys bonds notes and accts. belonging to
me and proceed to collect all the monies due me that
said Jas. Walker. And to pay off and satisfy all just
claims against me that is lawfuly authenticated.
And all the monies then remaining of my estate is to be
lawfully payed over to my heirs or their lawful agents,
in that way and maner so that those who have here
=tofore received most shall then receive less, and those
who have heretofore recd. less shall then receive the more
so as that each one of my thirteen lawful heirs shall
all share and share alike equally of my estate.
And I hereby nominate and appoint John Lockhart
and Bedford Vaughan as suitable persons to select
a guardian for my son William Walker, as I deem
him incompitant of acting and transacting business for
himself.
[page 3]
Item I hereby constitute and appoint John
Lockhart and Bedford Vaughan both of the County
[of] Orange my executors to this my last will and
Testament provided they enter into bond with good
security for the purformance of their duty as executors
to be approved by the County Court of Orange
County. In testimony whereof I the said James
Walker do hereunto set my hand and affix my
seal. This the day and date above written.
Signed sealed published Jas Walker (seal)
and declared by the said
James Walker the testator
as his last will and testament
in the presents of us who were
present at the time of signing
and sealing thereof.
Elisha Umsted
Marcus Harris
I James Walker of the County & State aforesd. in my Will
desire to make a change in the foregoing my said Will
which I signed sealed & published on the 20th day of
May, in the year of our Lord 1852; I therefore append
that change in the nature of a codicil, which I desire
to be taken as part & parcel of my foregoing Will
except so far as this codicil shall modify or change
said Will; and such modifications in this codicil
& said Will subject to them, I desire to stand as
my last Will & Testament
I desire further to advance my daughter Sally
in consideration of my love & affection for her and her
exemplary & incessant kindness and attention to me
under the growing infirmities of increasing age.
I therefore devise & bequeath to said Sally Walker
(my daughter) her heirs & assigns forever Two hundred
(200) acres of land to be laid off from my home
tract upon which I live, not including any part
of
[page 4]
of[sic] the Caliborne Parrish tract as usually called -
said 200 acres of land to be laid off by my Executors
named in said Will whose appointment I hereby
confirm or in case of the death of either of them,
then by the survivor or in case of the death of both
or refusal to act as such, then by commissioners to be
appointed by the Court of Pleas & quarter sessions for
said County & State - And my desire is, to have
the land so laid off by a line running from
Flat River, or the southern portion of my land
a course northerly so as to include my dwel-
-ling house & out houses & my using spring to
the east of the house; & that the part lying
westward of said line including the dwelling house,
out houses & spring I hereby devise & bequeath to
my daughter Sally for a home, & to her heirs &
assigns forever. - It is also my Will that all my
lands not hereby & herein devised to my daughter
Sally, be sold as directed in my foregoing Will;
& that the proceeds of that & all my other property
& out of the same, I desire my Executors to pay to
to[sic] my daughter Sally six hundred
($600) dollars - & that the residue of
my estate be equally divided among
all my legatees, according to the
directions contained in my sd. Will
always having reference to the ad-
-vancements heretofore made to them
respectively.
My intention is by this my codicil
is to give my daughter Sally the
two hundred acres of land and the six hundred
dollars over & above what I give to any of my
children & I am moved to do this by a sense of justice
to myself as well as to her, for her long, dutiful &
affectionate filial services to me in my decli-
-ning years. Witness my hand & seal this 19th of
Dec A.D. 1853
Signed sealed & published Jas. Walker (seal)
in our presence & we wit
ness in presence of the testator
Willis P. Mangum
Martha P. Mangum
Charity A. Mangum
[Will Book Volume G, page 115]
In the name of God Amen I James Walker of the
County of Orange & State of North Carolina being of sound
and disposing mind and memory (blessed be God) do this
the 20th day of May one thousand eight hundred and
Fifty Two make and publish this my last will and
testament hereby revoking and makeing Void all other wills
previously made by me the said Jas Walker in the manner
following (viz)whereas I have made (provides[prior] to this time)
certain advancements to all my children except to my
son William Walker Now be it remembered as it is my desire
and will that each one of my children shall share and
shear[sic] alike of my estate equally I have thought proper
to Cess[assess] and value each and every advancement myself which
agreeable to my best Judgement is as follows that is to say
I have given and advanced to my son in Law
William Philpot to the amount of nine hundred ["and" x-out]
Seventy Nine dollars and fifty cents and also I have
advanced to my son Jesse Walker Hundred & Seventy
seven dollars, Also I have advanced to son Thomas Walker
Nine Hundred and Sixty two dollars. also I have advanced
to [my] son Jeremiah Walker Six Hundred and Eighty Seven
dollars also I have advanced to my son in Law Robert
Hall Jur. Eight Hundred & Twelve dollars and fifty cents
also I have advanced to my son in Law John Green Nine
Hundred forty Eight dollars and fifty cents also I
have advanced to my son in Law Samuel Cole Nine
Hundred Twenty dollars and fifty cents also I have
advanced to to[sic] my son in Law William L. Hampton Eight
Hundred four dollars and Twenty five cents als[o] I
I[sic] have advanced to my son James R. Walker Nine
Hundred and Ninety Five dollars also I have advanced
to [my] son in Law Wesley H. Roberts One Thousand Seventeen
dollars and fifty cents also I have advanced to my son
in Law Zachariah H. Lyon Nine Hundred and Ten
dollars also I have advanced to my daughter
Sarah Walker one Thousand dollars Now be it
remembered that it is my will and desire that my son
William Walker after my death shall have as much
[Will Book Volume G, page 116]
as either one of the rest of my childrdn in money out of my
estate which money I wish to be lawfully placed into the hands
of his Guardian to be kept & used to the benefit of him the
said William It is further my will and wish that soon
after my death that my Executor or Executors sell to the
highest bidder at publick sale or sales all the property that
I may die seized [and] possessed of Negroes and Lands together with
all the other property on a credit of One and Two years And
that the said Executor or Executors take in hand the money
bonds notes and accts belonging to me and proceed to collect
all the monies due me that said Jas. Walker. And to pay off
and satisfy all Just claims against me that is lawfuly
authenticated And all the monies then remaining of
my estate is to be lawfully paid over to my heirs or their
lawful agents in that way and manner so that those
who have heretofore received most shall then receive less
and those who have heretofore recd. less shall then
receive the more so as that each one of my thirteen lawful
heirs shall all share and share alike equally of my estate.
And I hereby nominate and appoint John Lockhart
and Bedford Vaughan as suitable persons to select a
guardian for my son William Walker as I deem him incompe
-tant of acting and transacting business for himself. Item
I hereby constitute and appoint John Lockhart and Bedford
Vaughan both of the County of Orange my Executors to this my
last will and Testament provided they enter into bond
with good security for the performance of their duty as
Executors to be approved by the County Court of Orange
County In testimony whereof I the said James Walker
do hereunto set my hand and affix my seal this the day
and date above written.
Signed sealed published and Jas Walker (seal)
declared by the said James Walker
the testator as his last will and testament
in the presents of us who were present
at the time of signing and sealing thereof.
Elisha Umstead
Marcus Harris
[Will Book Volume G, page 117]
I James Walker of the County & State aforesd. in my will desire
to make a change in the foregoing my said will which I signed
sealed & published on the 20th day of May, in the year of our Lord 1852
I therefore append that change in the nature of a codicil, which
I desire to be taken as part & parcel of my foregoing will except so
far as this codicil shall modify or change said Will; and such
modification[s] in this codicil & said Will subject to them I
desire to stand as my last will & testament I desire further
to advance my daughter Sally in consideration of my love and
affection for her and her exemplary & incessant kindness and
attention to me under the growing infirmities of increasing
age. I therefore devise & bequeath to said Sally Walker
(my daughter) her heirs and assigns forever Two hundred
(200) acres of Land to be laid off from my home tract upon
which I live not including any part of the Caliborne
Parrish tract as usually called said 200 acres of land to
be laid off by my Executors named in said will whose appoint
-ment I hereby confirm or in case of the death of either of
them then by the survivor or in case of the death of both
or refusal to act as such then by commissioners to be
appointed by the Court of Pleas & quarter Sessions for said County
& State and my desire is to have the land so laid off by a line
running from flat River, or the southern portion of my Land
a course northerly so as to include my dwelling home[house] & out
houses & my useing spring to the east of the house & that
the part lying westward of said line including the
dwelling house out houses & spring I hereby devise & bequeath
to my daughter Sally for a home, & to her heirs & assigns forever.
It is also my Will that all my lands not hereby & herein devised
to my daughter Sally, be sold as directed in my foregoing will
& that the proceeds of that & all my other property & out of
the same I desire my Executors to pay to my daughter Sally
Six hundred ($600) dollars & that the residue of my Estate
be equally divided among all my legatees, according to
the directions contained in my said will always having
reference to the advancement[s] heretofore made to them
respectively my intention is by this my codicil is to give
my daughter Sally the two hundred acres of Land
[Will Book Volume G, page 118]
and the Six hundred dollars over & above what I give
to any of my children & I am moved to do this by a sense of
justice to my self as well as to her for her long dutiful & affectionate
filial services to me in my declining years.
Witness my hand & Seal this 19th of Dec AD 1853
Signed sealed & published in our
presence & we witness in Jas. Walker (seal)
presence of the testator
Willie P. Mangum
Martha P. Mangum
Charity A. Mangum
Orange County Court November Term 1855
The foregoing last will and Testament together with the
codicil thereto annexed of James Walker decd. was down
to this court by a procedendo from Orange Superior Court and
was ordered by this court to be recorded and filed at the same
time John Lockhart & Bedford Vaughan the Executors therein
named appeared in open Court and qualified by taking
the oath prescribed by Law
Test
Additional Comments:
Will Book Volume G, pages 115-118
Recorded Nov 1855
Estate Papers comprise 174 pages and are found in folder labeled "Walker, James (1854)".
Thomas Walker was appointed guardian over William Walker, "a person of unsound mind". They lived in Gibson County, Tennessee.
Legatees
William Philpot & wife (Elizabeth)
Jesse Walker
Thomas Walker
Jerremiah Walker
Robert Hall, Jr & wife (Patsey / Martha)
John Green & wife (Rebecca)
Samuel Cole & wife (Olive)
Welborn S Hampton & wife (Polly)
James R Walker
Wesley Roberts & wife
Zachariah Lyon & wife (Nancy)
Sally Walker
Also mentioned
Ambrose Whitson and wife (Caroline)
[Estate Papers - Slave Sale 11 Decr 1853]
The following List of
Property Belonging To
James Walker Decd
Sold 11th Day of Decr 1853
By John Lockhart & B Vaughn Exr
On A Credit of one and two years
1 Woman Jinny $ 49.50 Wm R. Gooch
Old Man Matthew 256.00 Dennis Vaughan
Woman Esther 165.00 Zach Lyon
Man John 606.00 R. F. Webb
Woman Lucretia 471.00 F. Garrard
Boy Ben 1180.00 Saml Cole
Boy Henry 775.00 Herbt Sims
Boy Silas 1239.00 L. Smith
Woman Caroline 940.00 Sol. Cole
Boy Dudley 949.00 Do Do
Girl Lively 500.00 E. Philpot
Woman Fanny 1156.00 Thos. B. Lyon
141 Acres of Land
for $5.45 pr acre 768.00
===============
$9055.30
[Estate Papers - Estate Sale 25 Jan 1855]
A List of the property belon[g]ing
to the Estate of Jas. Walker Decd.
as sold by his Executors, John Lock,
-hart & Bedford Vaughan, Jan 25th 1855
[sundry articles omitted]
One Negro Woman Margaret & Child Jesse V. Roberts 1100.00
1 " Adaline Henry C. Swaney 970.00
1 " Amy & Child John J. Rogers 1030.00
1 " Girl, Rebeca Ann Zachariah J. Lyon 800.00
1 " Boy Nelson John C. Swaney 726.00
1 " " Wm. Goodman Sally Walker 595.00
1 " Man Daniel Nat. M. Carrington 500.00
1 " Woman Ester Do Do 112.00
1 " Girl Jane Jeremiah Ashley 335.00
1 " Boy Stockard William Walker 40.00