ORANGE COUNTY, NC - WILLS - Jesse Benton, 21 October 1790
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The Will of Jesse Benton
Contributor's Note: Attached is a transcription of the Will of Jesse
Benton of Orange County, North Carolina, who died there in 1791. He was
the father of Missouri Senator, Thomas Hart Benton, and the son-in-law
of William Gooch, Sr., of Caswell Co. NC.
Orange County, North Carolina - Book B, Pages 144-148
In the Name of God Amen I Jesse Benton of the County of Orange and State
of North Carolina, do make this my last Will and Testament in manner
following (to wit) Whereas I heretofore purchased of Col. David Hart of
Caswell County one moity of his Sixteenth part of two hundred thousand
Acres of Land Granted by the Assembly of Virginia to Richard Henderson &
Company as tenants in Common Situate on the Ohio and Green Rivers, which
said Moity containing by estimation Six thousand two hundred & fifty
Acres, be the same more or less, I afterwards sold to Capt. Nathl Hart,
late of Kentucky deceased and have received the Consideration agreed on
for the same but have not made any title in Law to the said Nathaniel
for the said premisses, I do therefore Will and devise all my Interest
in the said Lands to the Devises heirs or assigns of the said Nathaniel
in his life time, if any such disposition and if not then to the heirs
at Law of the said Nathaniel according to the rules of lineal descend to
the use of the said divisies heirs or assigns of the said Nathaniel
forever. And do request that the said David Hart, may Execute a Deed or
Deeds for conveying the said Lands accordingly if necessary. I Will and
Devise my Plantation called the meadow place which I purchased of John
Kitzmiller on MGowins Creek in Orange County to my beloved Wife Nancy to
her and her heirs and assigns forever which said plantation contains by
estimation two hundred and thirty acres, be the same more or less. I
also Will to my said Wife, three Negroes (to wit) Jack, Milley and Rose,
together with all my Stock of Horses, Cattle, Sheep, Hoggs and fowls,
except as many of my Horses as my Executors may think necessary to sell
and dispose of reserving a sufficient number for my said Wife, also all
my household & Kitchen furniture Still Waggon gears and all my
plantation utensils, Meat Corn Wheat and forage on hand at the time of
my decease and also one hundred pounds current money to her and her
heirs and assigns forever. I Will that when the first of my Children
comes of Age, or either of them marries (whichever first happens) that
all the rest of my Negroes may be praised by two respectable
freeholders, and put into as many lotts as there may be of my Children
then living, so as to make such lots of Negroes as nearly equal in value
as may be, and the said lots be drawn by my said Children or some
Judicious person in a fair and equitable manner, and that each of my
said Children shall have such lott so drawn for them, to them their
heirs and assigns forever, but whereas some of the lotts so laid off may
be of more value than others, it is my Will that those of my Children
drawing such lotts shall pay unto them a sum of money sufficient so as
to make all the lotts or shares of equal value
But it is nevertheless
my Will and desire that my said Wife shall have the benefit of the work
and labour of all my Negroes in consideration of her Mothering and
boarding my said Children and also for her clothing, feeding and paying
taxes for said Negroes, until the respective times of Marriage or coming
to full age of my said Children, and it is also my Will and desire that
my said Children may all receive reasonable education at the expense of
my Estate, and that my Sons may at all events be taught the english
language as perfectly as may be found necessary.
And in order to establish a fund for the payment of my Debts due
Col. Thomas Hart of Maryland and William Cain and Company of the town of
Hillsborough and other Creditors if any, It is my Will and desire that
my Executors Collect the Debts due to me by Bonds, Notes or otherwise as
far as may be in their power, also sell and dispose of my Law Books, and
it is also my Will and desire that my Executors or a majority or the
survivor or survivors of them do as soon as may be convenient and
necessary sell and convey (and make and Execute a Deed or Deeds in fee
simple) my Mils and plantation called Hereford, or the Mills and part of
Land, or such other of my Lands situate in Orange County aforesaid, or
all or any part of my Lands on the Waters of the River Mississippi, or
any other Lands I may be possessed of or instilled to at the time of my
decease at their discretion sufficient for the purposes hereafter
mentioned, that is to say for the payment of my Debts the legacy before
mentioned to my Wife, my funeral expenses, and reasonable allowances to
my Executors, for their trouble and expenses in Executing this my Will.
And all the rest and residue of my Lands I Give and devise to such of my
children as may arrive to the full age of twenty one years or marries,
to be vested in them at those periods as the one or the other may first
happen which said Lands as intended for my children I will may be put
into as many lotts as there is of my Children, (when the first of them
arrives to full age or the first of them marries which may first
happen,) then being so as to make each lott as nearly equal in value as
may be convenient and that the said Lotts may be drawn for by my said
Children, or two Judicious freeholders, and that each and every of the
said lotts be vested in my said Children respectively as they shall
marry or come of Age to them their heirs and assigns forever.
And it is further my Will that
in order to do Justice to my said Children, and to prevent disputes I
desire my Executors may appoint some skilfull person to reduce to
writing and describe particularly the Lands and Negroes which may be
drawn, among my children and cause the same to be attested by a number
of witnesses and recorded.
And I do also Will and desire that my Mills and
houses be repaired at the discretion of my Executors, and at the expense
of my estate, and also that my Executors Advances such Sums of money for
securing the titles to my Western Lands as may be necessary.
And it is further my Will and desire that my
Wife Nancy enjoy all the profits and benefit, arising from my Mills and
Lands until my Executors shall make Sale thereof, or until the division
of my said Lands shall be made amongst my Children as aforesaid. And I
do make my said Wife Nancy my residuary Ligetee, of all the rest and
residue of my Estate.
And lastly I do appoint my said Wife Nancy my Executrix,
and Col. Alfred Moore William Watters and Absalom Tatom my Executors of
this my last Will and Testament, hereby revoking all other Wills and
bequests by me made Ratifying and confirming this only to be my last
Will and Testament.
In witness whereof I have hereunto set my hand and
affixed my Seal, this Twenty first day of October in the year of our
Lord One thousand Seven hundred and Ninety.
Signed Sealed published pronounced
and declared by the said Jesse Benton
the testator to be and contain his last
Will and testament, in the presence J Benton (Seal)
of use who in his presence and the
presence of each other and at his
request have subscribed our
names hereto as Witnesses
S. Benton Jurat
A. Benton
State of North Carolina
Orange County August Term 1891
The Execution of the above last
Will and Testament of Jesse Benton
Esquire Deceased was duly proved
In Open Court by the oaths of Saml
Benton one of the subscribing
Witnesses thereto and ordered
To be recorded - - -
Abner B. Bruce CC