Orange County NcArchives Wills.....Benton, Jesse October 21, 1790
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume B, pages 144-148
Written: October 21, 1790
Recorded: Aug 1791
Testator: Jesse Benton
[page marked "(1)"]
In the name of God Amen.
I Jesse Benton of Orange County and state of North Carolina do
make this my last Will and Testament, in manner following (to wit)
Whereas I heretofore purchased of Colo: David Hart of Caswell
County one moiety 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 Moiety containing by estimation, six
thousand two hundred and fifty [Acres], be the same more or less, I afterwards
sold to Captain Nathaniel 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
premises: I do therefore Will and devise all my Interest in the
said Lands to the devisees, heirs or assigns of the said Nathaniel
according to the disposition of the said lands made by the said
Nathaniel in his lifetime, if any such disposition, and if not then
to the heirs at law of the said Nathaniel according to the rules of
lenial[lineal] descent to the use of the said devisees, heirs or assigns of
[page marked "(2)"]
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 Fitzmiller
on McGowan's 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 so 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
and 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 Chil:
:dren comes of age, or either of them marries, (which ever first happens)
that all the rest of my Negroes may be appraised by two respectable
freeholders, and put into as many lots as there may be of my children
[page marked "(3)"]
then living, so as to make said lots of Negroes as nearly equal in
value as may be, and the said lots to 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 lot so drawn for them
to them their heirs and assigns forever; but whereas some of the lots
so laid off may be of more value than others, it is my will that
those of my children drawing such lots, shall pay unto the others
a sum of money sufficient to make all the lots or shares of equal
value.
But it is nevertheless ["it is" x-out] 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 Cloathing 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 of full age of my said children; And it is also my
will and desire that my children may all receive reasonable
education, at the expense of my Estate, and that my sons may at all
events ["may" x-out] 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 Colo. Thomas Hart of Maryland, and William Cain
and Company of the town of Hillsborough and other creditors if any;
[page marked "(4)"]
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
and 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 Mills and plantation called
Hartford, or the Mills and part of the 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 Missi:
:ssippi; or any other Lands I may be possessed of or intitled
to at the time of my decease, at their discretion, suffi:
:cient 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
[page marked "(5)"]
may first happen, which said Lands so intended for
my Children, I will maybe put into as many lots as
there may be of my Children (when the first of them
arrives at full age or either of them marries which may
first happen) then living, so as to make each lot as
nearly equal in value or may be convenient, and that the
said lots may be drawn for by my said Children or by
two Judicious Freeholders, and that each and every of the
said lots of Land, be vested in my said Children respec:
:tively, 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 skilful 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
[page marked "(6)"]
Executors, and at the expense of my Estate, and also
that my Executors advance 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 Legatee
of all the rest and residue of my estate.
And lastly I do appoint my said
Wife Nancy my Executrix, and Colo:
Alfred C 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
[page marked "(7)"]
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 J Benton
presence of us, who in his presence
and the presence of each other, and
at his request, have subscribed our
names hereon as witnesses
S. Benton Jurat
A Benton
[Will Book Volume B, page 144]
In the name of God Amen I Jesse Benton of
Orange County and State of North Carolina, do make this my last Will
and Testament, in manner following (to wit) Where as I here=
=tofore Purchased of Colo. David Hart of Caswell County
one moiety 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 Moiety
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 premises. I do therefore Will and devise all my Interest
in the said Lands to the Divise[e]s heirs or assigns of the
said Nathaniel
[the following passage skipped in the Will Book copy]
according to the disposition of the said lands made by the said Nathaniel
[end of passage]
in his lifetime, if any such disposition,
and if not then to the heirs at Law of the said Nathaniel
according to the rules of lineal descent to the use of the
said devisees, 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 McGowin's 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
so many of my Horses as my Executors may think
necessary to sell and dispose of reserving a sufficient
[Will Book Volume B, page 145]
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, (which ever
first happens) that all the rest of my Negroes may be
[ap]praised by two respectable freeholders, and put into as
many lotts as there may be of my Children then living, so
as to make said lots of Negroes as nearly equal in value
as may be, and the said lots to 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[the others] 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 cloathing 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 of full age of my said Children, and it is
also my Will and desire that my 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 Colo. Thomas Hart of Maryland and
William Cain and Company of the town of Hillsborough
[Will Book Volume B, page 146]
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, and 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 Mills
and plantation called Hartford, or the Mills and part
of the 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 entitled 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 so intended for my children
I will maybe put into as many lots as there may be
of my Children (when the first of them arrives
to full age or the first[either] of them marries which may
first happen) then living, so as to make each lott as
nearly equal in value or may be convenient and
that the said Lotts may be drawn for by my said
[Will Book Volume B, page 147]
Children, or two Judicious freeholders, and that each and
every of the said lotts be vested in my said Children respec=
=tively 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 Advance 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
Legatee of all the rest and residue of my Estate.
And lastly I do appoint my said Wife
Nancy my Executrix, and Colo. 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
[Will Book Volume B, page 148]
In witness[sic] 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 } J Benton
Will and testament in the presence }
of us who in his presence and the }
presence of each other and at his }
request, have subscribed our }
names hereon as Witnesses }
S. Benton Jurat
A. Benton
State of North Carolina }
Orange County } August Term 1791
The Execution of the above last
Will and Testament of Jesse Benton
Esquire deceased was duly proved
in Open Court by the Oath of S[?]
Benton one of the subscribing
Witnesses thereto and Ordered
to be recorded
Abner B. Bruce C.C.
Additional Comments:
Will Book Volume B, pages 144-148
Recorded Aug 1791
Despite the early date of the will (1790), the writing, wording, punctuation and spelling are relatively current. The lines are widely spaced so although there are seven pages, it is not a long will. This seems to describe an extensive estate.
Estate papers comprise 18 pages and are found in a folder labeled "Benton, Jesse (1791)". Inventory (May 1792) lists "fourteen negroes, towit, Chloe, Joe, Judah, Cupit, Doll, Alice, Thom, Isabell, Milley, Daniel, Jack, Rose, & her Child John..."
This seems to only be 13. Another inventory lists "Elevin head of Negroes"