Will of Richard Crabtree - 21 May 1841 Original Will, on file in Raleigh, NC Archives CR 073.801 In the name of God Amen. I Richard Crabtree of the County of Orange and the state of North Carolina, being of sound mind but of Weak & infirm health, and knowing that it is ap pointed for all men to die; I being desirous to make a disposition of my worldly estate at & after my death. To that end & for that purpose, I hereby make and publish the writing following, as my last will and testament, To Wit. I desire that all my just debts be paid - that they be paid out of the money on hand at my death, and out of the monies due to me & out of the personal property here -in after directed to be sold. - and if after exhaus- -ting the funds already mentioned a portion of my just debts, shall remain unpaid it is my Will and desire that the residue of my debts shall be paid out of the rents & hires of my Mill & lands hereinafter directed. - It is my will and desire that my wife Parthenia shall have the Mashburn tract of land containing one hundred & sixty six & 3/4 acres for & during her natural live & no longer also two head of horses named Bob and Charles - two milch Cows - and all my stock of hogs & sheep and household & kitchen furniture for & during her natural life & The above devise & bequeath to my wife Parthenia to be for her & the annual issues & profits t obe to her use & for the maintenance of my younger Children by her to wit Clement, John, Lucy and Richard Crabtree - also I give my smallest still to my wife for the time & uses & purposes above stated also a side saddle to my wife. - In addition to the above named children my son William is to have an equal interest & support. I give full liberty to my Wife to clear & cultivate & cut on the said Mashburn tract at her discretion and what she may choose. -, In case my wife shall now be with child the said child or children when born is or are to share equally with all my other children both in the fore -going bequests as those to follow It is further my Will & desire that my [page 2] Saw & Grist Mills and all my other land be leased or rented out annually at the discretion of my Executors in such parcels as they may deem best the fences and orchards to be preserved & Kept in good order, until my youngest child attains the age of twenty one years that the issues and profits of those rents & hires to be first applied to the payment of my just debts of any shall remain unpaid, after applying the funds before named - And after my debts are paid, the said issues & profits of rents & hire of my lands to be applied by my executors as follows towit a sufficiency annually for the maintenance & education of my children under age, to be judged of by my Executors, subject in case of excess to be corrected by the Courts. - and the residue of issues & profits to be accumulated & put to interest, well se- cured, until my youngest child come to full age - except in the cases of such of my children as shall be of full age, as to them & each of them, they & each of them shall annually, after my debts are paid & a sufficiency retained to support & educate my children who aer minors, be entitled severally to have paid over to them their respective shares of the rents & profits, receipting for the same - And having respect to the number of my children living at each payments & thos dead leaving lawful issue then surviving my wish being that each shall receive an equal share that is living & the lawful issue of the dead to stand in the same plight that the parent would if then living. - & when the youngest chld comes to age, it is my will, that All my land be valued by dis -creet Men, say three, to be selected by my Exe cutors or the parties and that the said lands shall shall[sic] be equally divided in fee simple among all my sons then living and the lawful issue of such of my sons as then may be dead to stand in the place of the deceased father & in the same plight as the father would, if then living, - But as to [page 3] the Mills, I do not desire them to be divided, but to remain & be held in Common among all my sons then living, & the issue of such as my then be dead equally & share & share alike. - And upon the valuation of all my lands, it is my will and desire, that my sons keep the lands in fee & pay to each of my Daughters then living, & the law -ful issue of such as may be dead, a sum of money in three annual instalments, so as to make the share taken by my sons individually & respec- tively that is so say, so that the share of each & every of my children may be equal and that the sums to be paid by my sons to my daughters, stand as a lien upon the land & the land be bound for the same until paid. - It is my will that my wife come in for a childs part of any surplus that may accumulate from rents & hires & subject to division when my youngest child comes of age. - It is further my will that out of the rents & hires of my land, my Mills be kept in reasonable repair, & that my Executors pay a sufficiency for that purpsoe. - It is my will & desire that all my property, not herein bequeathed be sold by my Executors at twelve Months Credits & the proceeds applied to the payment of my debts. - + It is my will & desire, that my Executors have the house now raised on the Mashburn tract, put in rea- sonable finish & order for my wife to dwell in - & pay out of my estate a sufficiency for that purpose - As to my son William who is much afflicted, caused by an accidental injury, if his affliction continues so as to render him less able to take care of himself than otherwise he would have probably been in addition to what I have herein before given him, I desire him to have half a childs chare more out of my estate - I desire to Green Bobbit my wife's son to have fifty dollar out my my estate to the paid when the said Green ["my youngest" crossed out] comes of age, & one years schooling. [page 4] I hereby nominate & appoint Samuel Bumpass the Executor to this my last Will & testament, and I hereby revoke all former Wills & testaments & Codicils by me made - I hereby also appoint the said Samuel Bumpass & Willie P. Mangum testam- tary Guardians to my children under age - to bind them to trades or otherwise, as they or either thinks best.- In testimony whereof I have hereunto set my hand & affixed my seal this 21st day of May 1841 Signed sealed and published in presence of Richard Crabtree (seal) H. Parker Wm Vanhook In addition to the foregoing will I desire that each of my children who have been heretofore advanced shall render schedules & those advancements to go in as a portion of their parts respectively of my estate. - Signed, sealed & published in Richard Crabtree (seal) presence of H. Parker Wm Vanhook [page 5] A Codicil to my last Will & Testament, - signed, sealed & published on the 21st day of May A.D. 1841. - In the said Will, I provided that if my Wife were with child, the said Child or children shall share as the others &c. by reference to said pro vision, the whole matter will more fully appear. - It turned out that my Wife was not then with child, but has since the pub- lication of said Will had a son named Arthur It is my Will and desire that my said son Arthur shall have of my estate an equal share with the other of my sons named in said Will. & that his share shall be of the same property real & personal, without disturbing the pro- visions of said will further than to allot to him his share, to be share & share alike with the other sons. - His support & education to be provided for, as for the other children named in said Will, & out of the funds therein indicated for that purpose. - It is further my will & desire that if any of my real estate shall be sold, or is necessary to be sold, to pay my debts, it may be the lands that I purchased from James Johnson on the east side of Flat River & that my Executors have right to sell the same & make title therefor Except as herein modified, I hereby Confirm every part & portion of said will. - Witness my hand & seal this the 13th of October A.D. 1843 Signed,sealed & pub lished in the presence of Richard Crabtree (Seal) H. Parker John Wilkins [page 6] The last Will & Testament and the Codicil annexed or enclosed of Richd Crabtree placed with H. Parker esqr for sake[sic] keeping & sealed W.P. Mangum Transcription by Ben Franklin of Durham, NC 5 Dec 2009. Please credit me if you use this. This information is in the public domain. Notes: 1850 North Carolina, Orange County, page 248B, HH 1483/1483 Parthenia Crabtree, 43f, Real Estate $1,670, born NC; Dewitt Crabtree, 20m, farmer, born NC; Clement Crabtree, 17m, farmer, born NC; John Crabtree, 15m, farmer, born NC; Lucy Crabtree, 14f, born NC; Richard Crabtree, 11m, born NC; Arthur Crabtree, 8m, born NC; Hill Crabtree, 4m, born NC. HH 1484/1484 Green Crabtree, 23m, farmer, Real Estate $500, born NC; Duriney Crabtree, 22m, farmer, born NC; Sarah Crabtree, 1f, born NC; Mary Waggoner, 50f, born NC; Rachael Waggoner, 45f, born NC; John Waggoner, 55m, born NC.