Orange County NcArchives Wills.....Albright, Daniel August 5, 1826
************************************************
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 F, pages 176-178
Written: August 5, 1826
Recorded: May 1843
Testator: Daniel Albright
in the name of god Amen
I Daniel Albright of the County of Orange & state of North
Carolina being in sound mind & memory Do make this my
last will & testament Disanulling all other wills by me
heartofore made ~ I recomend my soul to god who gave it
& my body to be Decently buried at the Descretion of my
friends ~ as it has be[e]n gods will to bless me with property
I wish to Dispose of it in the fol[l]owing man[n]er & form
As I have heartofore giveon to my soninlaw William
Montgomery the following property namely one Negroe
woman named Rose at three hundred & fifty Dollars &
also two hundred & fifty Dollars to pay for Bob & Raichel
also the Jacob tract of land containing two hundred &
seventy seven acres at one thousand three hundred &
eighty five Dollars also one half of the mill tract of
sixteen acres at two hundred & fifty Dollars ~ also I have
giveon fifty acres out of the old tract I live on to Willi
=am & Sarah Montgomery to build on provided we cannot
agree to live with each other ~ then after the Death of my
wife Elizabeth I give the ballence of the old tract to them &
their heirs borne of my Daughter Sarah Montgomery & no others
for ever ~~ also I have givion William & Sarah Montgomery
in trust During their life time or assignment to my grand
children ~ the Negroes as follows namely Cain a man Letty
a woman & hir in creas[e] as fol[l]owes Rose Benton Henry
Abraham & Taney &c. & and all their increas[e] for ever or their value ~
also I give William & Sarah Montgomery ["2/3rd" x-out] two thirds
of all my stock of all Discription & household & kitchen fur
=niture & farming utentials excepting the Desk. Stove. Clock.
Dresser. cupboard still & stands . blacksmiths tooles rideing
chair & harnis which I give to my wife Elizabeth ~~ also the
remainder[sic] third of the stock & household & kitchen furniture &
farming utentials & Notes & accounts & cash on hand if any I give
to my wife Elizabeth to doo with it as she may think proper to
insure hir happyness in this life and the ballance of my lands
I lend them to my wife Elizabeth During hir life time if she
wishes to hold them ~ then after hir Death I lend them to my
Daughter Sarah Montgomery During hir life time if she wishis
to hold them if not I give them to my grand children to be as
Equaly Devided amongst them in Number & value as can be to
them & their heirs forever ~ the lands as folowes see the general
plat for butts & boundaries ~ the half of the mill tract of sixteen
acres, the Entered tract of forty acres, the Lay tract of one hundr
[page 2]
ed & sixty four acres the gibson and Rayney tract of one hundred
& Nineteen acres, the cole tract of one hundred & seventy four
acres the Ruben Tract of one hundred & Eighty six acres & the Ray
tract of thirty acres. the old tract I live on of one hundred &
sixty four acres as above giveon also I give my wife Elizabeth
one Negroe boy Joe to doo with him as she may think best. she is
at liberty to give or hire or sell or set him free & what ever
way she will choose to Dispose of him I give hir all the power
to make a good tittle[sic] for him that I would have was I present
my self ~ if it should be so hapon that my wife Dose not Dispose
of Joe I give him to my Daughter Sarah Montgomery if he is
willing to live with hir. but if he is not willing to live with
hir I wish hir to let him choose a master for himself &
I wish Sarah not to ask more for him than is common for
such a Negroe & what ever he well[sic] sell for I give it, to
my Daughter Sarah Montgomery for hir own use to Dispose of
as she may think proper. also the other property that I have
givean to my wife Elizabeth if any left at her Death I
give it to my Daughter Sarah Montgomery for hir own use the
saim as I did to my wife ~ I wish my wife Elizabeth to choose
whome soever she will to Exicute this my last will &
testiment in witness wheirof I have hearunto[sic] sett my
hand & seal this 5th Day of August 1826
Elias Albright } Daniel Albright (seal)
John Clapp } Jurat
[Will Book Volume F, page 176]
In the name of God Amen I Daniel Albright of
the County of Orange & State of North Carolina being in sound
mind & memory do make this my last will & Testament disan-
nulling all other wills by me heretofore maid I recommend
my Soul to God who giv[e] it & my body to be decently buried
at the discretion of my friends as it has been Gods will to bless
me with property I wish to dispose of it in the following manner
& form as I have heretofore given to my soninlaw William Montgomery
the following property namely one Negro woman named Rose at
three hundred & fifty dollars & also two hundred & fifty dollars to
pay for Bob & Raichel also [the] Jacob tract of land containing two
hundred & seventy seven acres at one thousand three hundred and Eighty five
dollars also one half of the Mill tract of sixteen acres at two
hundred & fifty dollars also I have given fifty acres out of the
old tract I live on to William & Sarah Montgomery to build
on provided we cannot agree to live with each other then after
the death of my wife Elizabeth I give the ballance of the
old tract to them & their heirs borne of my daughter Sarah
Montgomery & no others forever also I have given William &
Sarah Montgomery intrust during their life time or
assignment to my grand Children the Negroes as follows
namely Cain a man Letty a woman & hir in crease as follows
Rose Benton Henry Abraham & Taney &c. & and all their increas[e] for-
=ever or their value Also I give William & Sarah Montgomery
two thirds of all my stock of all description & household
& Kitchen furniture & farming utentials excepting the Desk
Stove Clock Dresser cupboard still & stands blacksmiths tools
riding Chair & harnis which I give to my wife Elizabeth also
the remainder[sic] third of the stock & household & kitchen furnitu
=re & farming utensals & Notes & Accounts & Cash on hand if
any I give to my wife Elizabeth to do with it as she may
think proper to insure her happiness in this life & the ballance
of my lands I lend them to my wife Elizabeth during
her lifetime if she wishes to hold them [~~~~~ x-out ~~~~~~]
[~~~~~ x-out ~~~~~~] then after hir Death I lend them
to my Daughter Sarah Montgomery during her life time
if she wishes to hold them if not I give them to my
[Will Book Volume F, page 177]
Grand Children to be as equally divided amongst
them in number & value as can be to them & their
heirs forever the lands as follows see the general plat
for Butts & boundaries the half of the Mill tract of sixteen
acres, The Entered tract of forty acres, the Lay tract
of one hundred & sixty four acres the Gibson & Rayney tract
of one hundred & nineteen acres the Cole tract of one
hundred & seventy four acres the Ruben Tract of one
hundred & Eighty six acres & the Ray tract of thirty acres
The old tract I live on of one hundred & sixty four acres
as above given also I give my wife Elizabeth one
negro boy Joe to do with him as she may think best
She is at liberty to give or hire or sell or set him free
& whatever way she will choose to dispose of him I
give her all The power to make a good title for
him that I would have was I present myself
if it should be so happen that my [wife] dose not dispose of Joe
I give him to my Daughter Sarah Montgomery if
he is willing to live with her but if he is not willing
to live with her I wish her to let him Choose a Master
for himself & I wish Sarah not to ask more for him
than is common for such a negro & whatever he will
sell for I give it to my Daughter Sarah Montgomery
for her own use to dispose of as she may think proper
also the other property that I have given to my Wife
Elizabeth if any left at her death I give it to my
Daughter Sarah Montgomery for her own use The same
as I did to my wife I wish my wife Elizabeth
to choose whomsoever she will to Execute this my
last Will & Testament in witness Whereof I have hereunto
set my hand & seal this 5th day of August 1826
Daniel Albright (seal)
Elias Albright
John Clapp
Orange County May Term 1843
The execution of the foregoing last Will & Testament
of Daniel Albright Decd. was duly proved in Open
Court by the oaths of Elias Albright &
[Will Book Volume F, page 178]
John Clapp & ordered to be recorded
Additional Comments:
Will Book Volume F, pages 176-178
Recorded May 1843
Estate Papers comprise 22 pages and are found in a folder labeled "Albright, Daniel (1843)". Daniel A. Montgomery was appointed administrator. Most of the papers pertain to a Daniel Albright, deceased with an Executor of John F. Garrett, and these papers don't appear to be the same estate as this will. The will of the second Daniel Albright is found in Will Book Volume F, page 317, proved Nov 1846