Orange County NcArchives Wills.....Borland, Mary E October 8, 1867
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Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, page 532
Written: October 8, 1867
Recorded: Nov 1867
Testator: Mary E Borland

State of North Carolina }
Orange County           }
                I Mary E. Borland of the county
and state aforesaid being of sound mind and
memory but considering the uncertainty of my
Earthly existence do make and declair this
my last will and testament in manner and
form following that is to say -

First That my Executor hereinafter named
shall provide for my body a decent burial
suitable to the wishes of my relations and
friends and pay all funeral expenses together
with my Just debts howsoever and whomsoe
-ver owing out of the first money that may
come to his hands as a part or parcel of my
estate

Secondly I give and devise to my grandmother
Rebecca Tapp all my household property all
my stock of Cattle and hogs also my tract or
lot of 50 acres of land a part of the tract on
which she now lives also my other tract of land
known as the Waddell tract during her natural
life, also the interest of my Distributive shear[share]
that is or may be due in my Grandfathers
Richard Tapps estate the same to be put at interest by
my Executor and the interest to be paid
to her annually and if her necessaties
require it, a part of the principal or the
whole be paid to her for her support if her

[page 2]
necessates[sic] requ[i]re it

Thirdly I give and Devise to my
brother Alexander to my brother
Jesse A and to William and to my sister Cornelia
the sum of one Dollar each to be paid to them
by my Executor

Fourthly I give and devise to my brother
John Borland after the Demise of my Grand
-mother Rebeca Tapp the lot of land willed
to her, [during] her lifetime whereon she now lives
also the parrishable property willed to my Grandmother
and the balance of what property may be in my Executors
hands at her Discease from my Grandfather's
Tapps estate to have and to hold to him and
his heirs in fee simple forever

Fif[th]ly I give end devise to my esteemed friend
Baker Strayhorn my Waddell tract of land
after the death of my Grandmother Rebeca
Tapp to have and to hold to him and his
heirs forever this bequest is for his Kind
-ness to my Grand-mother

And lastly I do hereby Constitute and appoint
my trusty Friend Thomas G Pratt my lawful
Executor to all intents and purposes to
Execute this my last will and testament
according to the true intent and meaning
of the same and every part & Clause thereof

[page 3]
I[n] witness whereof by the said Mary E Borland
do hereunto set my hand and seal this
8th day of October A.D. 1867

    Signed sealed published and declared
by the said Mary E Borland to be her last
will and testament (interlineations done
before assigned) in presents of us who at
her Request and in her presents do subscribe
our names as witnesses thereunto -

Richard M. Jones Jurat      Mary E Borland (seal)
Edmond C. Thompson Jurat

[Will Book Volume G, page 532]
State of North Carolina }
    Orange County       }
                          I, Mary E Borland of the County
and State aforesaid being of Sound mind and memory
but considering the uncertainty of my earthly existence
do make and declare this my last will and testament
in manner and form following that is to Say.

First, That my Executor hereinafter named Shall provide
for my body a decent burial Suitable to the wishes of
my relations and friends and pay all funeral expenses
together with my Just debts howsoever and whomsoever
Oweing[sic] out of the first money that may come to his
hands as a part or parcel of my estate

Secondly, I give and devise to my Grand Mother
Rebecca Tapp, all my household property all my
Stock of Cattle and hogs also my tract or lot of 50
acres of land a part of the tract on which she now
lives also my other tract of land known as the
Waddell tract during her natural life, also the
interest of my distributive shear[share] that is or may be
due in my Grand fathers Richard Tapps estate, the
same to be put at interest by my executor and the interest
to be paid to her an[n]ually and if her necessities require it
a part of the principal or the whole be paid to her for
her support if her necessities[sic] requ[i]re it

Thirdly I give and devise to my Brother Alexander to my Brother Jesse A and
to William and to my sister Cornealia the Sum of
one Dollar each to be paid to them by my executor

Fourthly, I give and devise to my brother John
Borland after the demise of my Grand Mother Rebecca
Tapp, the lot of land willed to her, [during] her lifetime whereon
she now lives, also the perishable property willed to
my Grand Mother and the balance of property what
may be in my executors hands at her decease from
my Grand ["Mother" x-out] Father Tapps estate to have
and to hold to him and his heirs in fee simple
for ever.

Fifthly I give end devise to my esteemed friend

[Will Book Volume G, page 533]
Baker Strayhorn my Waddell tract of land
after the death of my Grand Mother Rebecca
Tapp to have and to hold to him and his heirs
["heirs" x-out] forever. this bequest is for his Kindness to
my Grand Mother

    And lastly I do hereby Constitute and appoint
My trusty friend Thomas G Pratt my lawful
Executor to all intents and purposes to execute
this my last will and testament according
to the true intent and meaning of the Same and
every part & Clause thereof

In witness whereof by the said Mary E Borland
do hereunto set my hand and seal this 8th day of
October A.D. 1867

    Signed, sealed, published and declared by
the Said Mary E Borland to be her last will
and testament (interleneations[sic] done before Assigned)
in presence of us who at her request and in her
presence do subscribe our names as witnesses
thereunto

Richd M Jones                Mary E Borland (seal)
Edmond C Thompson

Orange County Court November Term 1867
The Execution of the foregoing last will
and testament of Mary E Borland decd.
was proven on oath in open Court.
    See Minutes
               Test Geo Laws CCC

[Estate Papers - Complaint Apr 1881]
Orange County --- Superior Court

In the Matter of the Estate  }
of Mary E Borland dec        }

The complaint of Rebecca Tapp respectfully
Shews to the Court

I That Mary E Borland late of Orange
County died in Orange County in the
Year 1867 leaving a last Will & Testament
which has been duly proved & recorded
and appointing Thomas G Pratt of Orange
County her sole Executor, who has duly
qualified as such Executor and is in the
discharge ["there of" x-out] of the duties of his said
office.

II That in the second clause of said
will the said testatrix gave and devise
the following property to the plaintiff
Rebecca Tapp to wit.

"I give and devise to my Grand mother
Rebecca Tapp all my house hold property
all my stock of Cattle & hogs also my tract or lot of
50 acres of land a part of the tract on which she
now lives, also my other tract of land known as the Waddell
tract during her natural life, also the interest of my
distributive share that is or may be due in my
Grand Father's Richard Tapp's estate the same to

[page 2]
to[sic] be put at interest by my Executor and the
interest to be paid to her annually and if
her necessities require it, a part of the principal
or the whole be paid to be for her for her support if
her necessities require it."

III That she is now past Eighty Eight years
old,[See Note 1] and nearly destitute of the mean
of living, that the said will directs the
said Executor to pay the whole of a
["legacy de" x-out] the distributive share of the
said Testatrix in the Estate of the last
Richard Tapp to ["be paid to" x-out] her, in
case "her necessities requires it." that
the necessities of her case now requires the[?] said payment
but the said Pray Executor as aforesaid
refused to pay the same unless directed to do
so by on order of this court

    Wherefore she prays the court
for an order, directing the said
Pratt to pay the said distributive
share to the plaintiff and such personal property as the will necessities[?] and for such
other and further relief as the necessities
of the case may require
                 Rebecca Tapp by
                 her atty C. E. Parrish

[Estate Papers - Answer to Complaint 30 Apr 1881]

State of North Carolina } Superior County
   Orange County        } April 30th 1881

Rebecca Tapp           }
   against             }   Answered
Thos. G. Pratt Exer.   }
of Mary Borland Decd.  }

         In this action the Deft Answers

I Think he knows of now estate of any value
owned by the plaintiff, as she has but
little personal property and her life Estate
in the Tract of Land devised by Mary
Borland would not yield more than
between sixty to one hundred Dollars a year.

II That on the 17th March 1874, the Defendant
allowed the plaintiff to use the sum of one
hundred and twenty Dollars of said Estate but
took her promissory note for the same signed
also by B. W. Strayhorn

III That this Defendant does not deny
that the necessities of the plaintiff now require
that said note to her delivered up to her and
submits to any order made by this Court
in the matter.  That the debts of Mary E.
Borland were paid by Mrs Tapp and B
W Strayhorn to the among of $288.54 and
as he believes a considerable part of this
furnished by the plaintiff.
            Jno W Graham Deft's Atty

[Estate Papers - Court Order 30 Apr 1881]

State of North Carolina } Superior Court
        Orange County   } April 30rty 1881

Rebecca Tabb         }
   against           } Ordered
Thos. G. Pratt Exer. }
of Mary Borland      }

                       Upon reading and
considering the Complaint and
answer and duly considering the
matters admitted and in Evidence
It is ordered and adjudged that
that[sic] the necessities of Rebecca Tapp
require this use of the whole of the
personal property devised to her
in the will of Mary Borland and
the Deft will cancell the note taken
by him "surrendered by order of Court"
& file in this action and allow to said
plaintiff all the personal property
of said Estate & file a list thereof
in this action - Baker W Strayhorn
is also released from all liability on
said note.  This Decree will be en-
rolled. Costs of this action - will be paid
by Defendant }  Geo Laws Clerk & C

Additional Comments:
Will Book Volume G, page 532
Recorded Nov 1867

In the will, the surname "Tapp" appears to read "Topp", however other source seem to indicate that "Tapp" is correct.

Estate Papers comprise 15 pages and are found in a folder labeled "Borland, Mary (1881)".  There is some family history found there, so these are transcribed below.

Note 1: Rebecca Tapp is 88 when this Complaint is written.  The resultant court order was issued 30 Apr 1881, so it is assumed that this was written about that time, making Rebecca Tapp, the grandmother of the testator, Mary E. Borland, born in 1793, confirmed by the 1880 census where Rebecca is found living in the household of her son-in-law, George M. Hobbs in Hillsboro, Orange County, NC.

Other research shows that Rebecca Hopson married Richard Tapp, 3 Sep 1813 in Orange County, NC.