Orange County NcArchives Wills.....Bird, Thomas 23 July 1834
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, page 362
Written: 23 July 1834
Recorded: Aug 1835
Testator: Thomas Bird
In the name of God Amen, I Thomas Bird Senr
of the County of Orange and state of North Carolina
being of sound mind and disposing memory, make
and ordain this my last will and Testament in
Manner and form as followeth viz -
In the first place I lay no claim to none of the
property that my wife Nancy possessed when I mari
=ed her, and in addition to that, I give to my beloved
Wife Two Hundred Acres of Land with the impro
=vements, except the Mill, During widowhood or natu
=ral life, I also give to my wife the Negro woman
Nancy and her increase, with the choice of one
Horse Two cows[calvs?], and one Hundred Dollars in mon
=ey with one year's mantanance from the time
of my decease -
In the second place I give to my son Thomas
all my Land, to go in possession thereof at my demise
except the Two Hundred acres given to my wife
During widowhood or natural life, and at the
dece[a]se of my wife to go in possession of the Two
Hundred acres given to my wife dureing life or
widowhood
In the third place I will that the balance of
all my property Consisting of Negroes, Stock of all
kinds farming utentials, House Hold and Kitchen
furniture be sold and equily divided among all
my Children, or there[sic] Heirs, (with the exception of
my Son Thomas as I conceive the land given to
Thomas will be a full share for him) the balance
of my Children, or there[sic] Heirs, to have equel Share &
Share alike - I will that my Son William & my friend
Thomas Reeves Execute this my last will & Testament
Acknowledged in presents This 23rd day of July A.D. 1834
of
Thomas Reeves jurat
William Bird
Tho. Reeves qualfd. Thomas Bird (seal)
[Will Book Volume E, page 362]
In the name of God Amen I Thomas Bird Senr. of
the County of Orange and State of North Carolina being
of Sound mind and disposing memory make and
ordain this my last Will and Testament in manner and form
as followeth (Viz) In the first place I lay no claim to none
of the property that my wife Nancy possessed when I married
her and in addition to that I give to my beloved Wife Two Hundred
Acres of Land with the Improvements except the Mill
During Widowhood or natural life, I also give to my
wife the Negro woman Nancy and her increase with the
Choice of One Horse Two Calves and one Hundred Dollars
in Money with one Years mantainance from the time
of my decease In the second place I give to my son Thomas
all my Land to go in possession thereof at my decease except
the Two Hundred Acres given to my wife During widowhood
or natural life and at the decease of my Wife to go in possession
of the Two Hundred Acres given to my wife during life
or widowhood In the Third place I will that the balance
of all my property Consisting of Negroes Stock of all
Kinds, farming utensials, House Hold and Kitchen
furniture be sold and equally divided among all my Children
or there[sic] Heirs, with the exception of my Son Thomas as
I conceive the land given to Thomas will be a full Share
for him) the balance of my Children, or thur[sic] Heirs to have
equal share and share alike I will that my Son William & my
friend Thomas Reeves Execute this my last Will & Testament
Acknowledge[d] in presents This 23rd day of July A D 1834
Thomas Reeves
William Bird Thomas Bird (seal)
Orange County August Term 1835
The Execution of the foregoing Last Will and Testament of
Thomas Bird Dcd was duly proved in open Court by the oath of Thomas
Reeves & William Bird the subscribing Witnesses thereto and ordered to
be Recorded At the same time Thomas Reeves one of the Executors
therein named appeared in open Court and qualified Accordingly
Test
Additional Comments:
Will Book Volume E, page 362
Recorded Aug 1835
Estate Papers comprise 12 pages and are found in a folder labeled "Bird, Thomas Sr. (1835)". Inventory simply lists "four negroes". It appears that several pages of the estate sale are missing. There is a total of $2699.08 1/2 listed as the proceeds of the sale, but the supporting list is not found.
[Estate Papers - Heirs of Thomas Bird - Refunding Bond]
State of North Carolina }
}
Orange County } Know all men by these presents
that we John Bird, Joseph Bird, David Bird, William
Bird, Empson Bird, James Fosett who married Elizabeth
Bird now Decd. by whoom he had Seven children
viz Anny Davis, who maried[sic] Henry Whitted, David
Anderson, & James Henrson of full age Eloza Jane
Bird Thompson, Elijah Graves, Mary A. Webb Minors
for whoom the Said James is Guardian Ashford
Walker who maried Phebe Bird, the affore[sic] Said
David Bird, Said to be Guardian for the Heirs of
John Wallis,s children who maried Mary Bird
by whom he had Twelve children viz Bird,
Mary, Elizabeth, Miles, Julian, Josiah Nacy -
Rebecca, Doctrine, Chatherine[?], William & Annis
(Said to be) Minors, & William Hall who maried Annis
Bird by whom he had five children viz John,
Robert, Ann, James, Leve, Minors The Said
William Guardian &c are held and firmly
bound unto Catlet Campbell Esqr. Chairman of
the County Court of said County in the Sum of
five Thousand Dollars good and lawfull Money
to be paid to the said Catlet Campbell or his
Successors in office, or assigns, to which payment
well and truly to be made, we bind our Selves
our heirs, Executor, and Administrators, Jointly
and Severally firmly by these presents sealed
with our seals and date this 4th Day of March
A.D. 1837
The condition of the above obli
=gation is such, that in case any debt or
Debts truly owing by Thomas Bird Decd. Shall
be hereafter sued for and recovered or otherwise
made appear if then and in all every such
case and cases, the above boundden John Bird,
Joseph Bird, David Bird, William Bird, Empson Bird
James Fosett Guardian, ["Anny" x-out] Henry Whitted
and Anny his wife, The aforesaid
David Bird Guardian for the Heirs of John Wallis,es
[page 2]
children and William Hall Guardian Shall
refund and pay his or hir Rateable part of each
all and every Such debt or debts, as often and as
soon as any may appear, out of the part or
Share of the personal estate of Said Decd. allotted
to him or them and paid over by the Executor
Then the above Obligation to be null and void
otherwise to remain in full force and Virtue
James Faucett guardeen (seal)
David A Faucett (seal)
James W Faucett (seal)
Ann D Whitted (seal)
William Bird (seal)
William Hall guardeen (seal)
Empson Bird (seal)
Ashhford Walker (seal)
David Bird (seal)
Daved Bird guardian (seal)
Joseph Bird (seal)
John Bird (seal)
by
Joseph Bird his
Aturney
[Estate Papers - Account 1836]
1836 The Estate of Thomas Bird Decd. Thomas David Exr D
[misc accounts omitted]
Nov 12 Cash to Widdo she being the lowest bidder for }
the old Negroe woman Darkes, at the Sale . . } 99.--