Orange County NcArchives Wills.....Bain, Thomas October 17, 1826
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 127-130
Written: October 17, 1826
Recorded: Nov 1826
Testator: Thomas Bain
In the name of God Amen I Thomas Bain of the County
of Orange and State of North Carolina do on this seventeenth day of Octbr.
in the year of Our Lord One thousand eight hundred and twenty six (1826)
make and publish this my last will and Testament in the manner and
form following. Viz First after the payment of all my just debts I give
and bequeath to my wife Keziah and my three oldest daughters
Rachel Bain, Keziah Bain, and Sarah Bain an equal undivided interest
in my House wherein I now live with all the out houses thereunto belong-
ing; and two hundred acres of land including all the cleared land
generally worked by me and to take off the south side of the Lindley tract,
and the north side of the Richy tract an equal quantity of acres of
wood land to make out the above mentioned quantity of two hundred acres
of land. Also my negro man Stephen, and my negro woman Darkis[Dorcas], and
her two children Eliza and George, and all her future increase; also my
four head of Horses. But when my wife shall see fit to ride she shall
have choice of whatsoever horse she may see proper to ride. Also all my
other stock of every kind consisting of Cattle, hogs and sheep. also two
falling leaf Tables, and two cup boards, and all the furniture there
unto belonging; also my clock, and all my books, and setting chairs,
one pair of fire Dogs, and fire shovel. Also two cotton wheels, and
two Flax wheels, and my Waggon and gears, and all my far-
ming tools, and Kitchen furniture of every description, and all my
grain, hay, fodder, and standing crop of every description,
with all debts due to me, except as much of my debts due me
[page 2]
and Cotton Crop as my hereafter named Executors shall apply to the payment
of my just debts. Item I further give and bequeath to my wife Keziah
two Beds and furniture thereunto belonging; also towo[sic] chests to be disposed
of by her at her pleasure. Item I further give to my daughter Rachel
Bain my negro girl Fanny, two Beds and the furniture thereunto
belonging, and one Bureau. Item I further give to my daughter Keziah
Bain my negro girl Susan, two Beds and the furniture thereunto belonging
and one Bureau. Item I further give to my daughter Sarah my negro
girl Nelly, two Beds and Furniture thereunto belonging and one chest of
Draws[sic]. The whole of the above thing property I wish to be kept
together so long as the above-named family shall see cause to
live and reside together and the whole of the before mentioned property
as above disposed of I conferm to them and their heirs as hereafter
to be mentioned Viz. Whenever one or more of my above named
daughters, or wife, wishes to remove or marry then there shall a devision
take place in the undivided estate. My wife shall have one fourth part of
the afore said tract of land and its improvements; or the value of it if
["my da named daughters" x-out] there should be a mutual agreement among the
parties conserned, my negro woman Darkis[Dorcas], and her two children Eliza
and George, and one fourth part of my undivided stock of every discription as mentioned
a bove Waggon gear Household and Kitchen furniture ["not" x-out] farming tools &
crop of every discription to have and to hold during natural life and
then to be disposed of as hereafter to be named. The remainder of the un-
-devided estate Viz land negro man Stephen, stock, waggon & gear, tools, crop,
and Household, and Kitchen furniture, to be equally devided between
my three named daughters Rachel, Keziah, & Sarah Bain ["to have and to hold" x-out]
[page 3]
and their hears[sic] to have and to hold; except in case either of them should
die without issue then the part of the one dying shall return to the surviving
sisters or their heirs. Item I further wish whenever ["the above mentioned" x-out] my
Wife sees fit and needful that she make use of the estate as willed her by
her Father in his last will and testament in the supporting of herself and
my three youngest children Eleanor, Mary, and Charity Bain, which children
I wish to be raised and supported out of that part of the Estate willed to my
Wife. Item At the death of my Wife I give and bequeath the Negro
woman left her during life viz. Darkis[Dorcas], and her two children Eliza & George
and all her future increase to my three youngest daughters Eleanor Mary
& Charity, also all my interest in the Estate given to my wife by her
Father in his last Will and Testament, except such part as my wife may
see fit to make use of during the term of her natural life. But if either
of them should die without issue I allow their part to be equally devi-
-ded between the survivors of them or their heirs and the remainder of
the undevided estate willed my Wife during life Viz land, stock, &c &c as men
-tioned above at her death I give and bequeath to my three oldest daughters
Rachel, Keziah, & Sarah or their heirs. I further allow my three young-
-est daughters to be furnished with such materials as will enable them to make
each of them two Beds and furniture. Item I give and bequeath my soninlaw
Thos Heartt one negro woman named Hannah, one negro boy named Patterson, &
one named Nelson, and all the said Hannahs future increase until his four
Children Harriet Walton Heartt, Henry Jackson Heartt, Harrison Bain Heartt,
and Julian Heartt, until they should marry or the youngest of them shall arrive at
full age then the above named negroes Hannah and her future increase with Patterson & Nelson
& shall be equally devided between his before and above mentioned children
or their heirs. But if any of these children should die without issue then that
ones part shall be equally devided between the remain[in]g children or their heirs
[page 4]
Item I give and bequeath to my oldest son Nathaniel and his heirs all the
cleared land he has been in the habit of cultivating with all the wood ["land" x-out]
land belonging to to[sic] the Lindley tract except what has been already willed away
as above. And also one undivided half of the woodland on the ["on the" x-out] north &
west side of the Branch runing from the poor House springs. Beginning mid-
way on the North and South Line Of The pour house tract and running eastwardly
until it strikes or intersects sd. Branch, deviding said parcel of land
into two equal parts. The north side of sd. land I ["also" x-out] give with the above
named tract and all of its improvements to my son Nathaniel and his heirs.
Also I give and bequeath to my sd. son a certain negro boy by name ["Nelson" x-out]
Samuel, also my large shop anvil, and the use of the remainder of the
shop tools so long as he lives where he now resides. But in case he removes the
the[sic] remainder of these tools to be left for the use of the plantation where I
now live -- Item I give and bequeath to my son John all the Richy
tract of land except what has been disposed of as above also I give and
bequeath to my said son John one negro woman by name Venus and all
her future increase. I appoint and constitute my two sons Nathaniel &
John Executors to this my last will and Testament
Signed, sealed, and acknowledged
in the presence of
EGraves Jurat Thos. Bain (seal)
Thos. Armstrong
William Clark
Codicil
By way of a codicil to will above I do hereby confirm everything
that I there willed and disposed of according to the form and manner
there mentioned except that part concerning the division of the land on
which I live and instead of my wife only having one equal fourth
part of the aforesaid tract of land as mentioned in my will above Viz
if the division of said tract of land should take place I do hereby Will her
my dwelling House and all the out houses belonging thereunto with fifty
acres of land laid of[f] to the best advantage around and including sd
houses
[page 5]
houses[sic] and at her death the said land I will and bequeath
to my three oldest daughters Rachel Keziah and Sarah in
accordance with my Will In Witness I here unto set my
hand and seal This seventeenth day of October one thou
-sand eight hundred and twenty six signed sealed and
delivered
acknowledged in the presence of:
EGraves jurat Thomas Bain (seal)
Thomas Armstrong
William Clark
Exrs qualified
[Will Book Volume E, page 127]
In the name of God Amen I Thomas Bain of the County of
Orange & State of North Carolina do on this Seventeenth day of October in the year of
Our Lord One thousand Eight hundred & twenty Six (1826) make & publish this my
last Will & Testament in the manner & form following, Viz, First after the payment
of all my just Debts I give & bequeath to my wife Keziah & my three oldest daughters
Rachel Bain, Keziah Bain & Sarah Bain an equal undivided interest in my house
wherein I now live with all the out houses thereunto belonging and two hundred
acres of Land including all the cl[e]ared land generally worked by me, and
to take off the South end of the Lindey Tract, and the north side of the Richie
Tract an equal quantity of acres of wood land to make out the above men
tioned quantity of two hundred acres of Land ~~ Also my negro man Step=
=hen, and my negro woman Darkis[Dorcas] and her two children Eliza & George
& all her future increase, also my four head of horses ~~ but when my wife
shall see fit to ride she shall have Choice of whatsoever horses she may see
proper to ride ~~ Also all my other stock of every kind, consisting of Cattle,
hogs & sheep, also two falling leaf tables & two cupboards, and all the
furniture thereunto belonging; also my Clock & all my books & setting chairs
one pair of fire Dogs; and fire shovel ~~ Also two cotton wheels & two Flax
wheels & my waggon and gears & all my farming tools & Kitchen furniture
of every description & all my grain, hay, fodder, & standing Crop of every
discription with all debts due [to] me, except as much of my debts due
me & Cotton Crop as my hereafter named Executors shall apply to the
payment of my just Debts ~~ Item I further give & bequeath to my wife
Keziah two bids[sic] & furniture thereunto belonging ~~ Also two chests to be dis=
posed of by her at hir pleasure ~~ Item I further give to my daughter
Rachel Bain my negro girl Fanny, two beds & the furniture thereunto
belonging and one Beauro[bureau] ~~ Item I further give to my daughter Keziah
Bain my negro girl Susan, two beds & the furniture thereunto belonging
& one Beauro ~~ Item I further give to my Daughter Sarah my negro
girl Nelly two beds & the furniture thereunto belonging & One Chest of
Drawers ~~ The Whole of the above thing property I wish to be Kept to
=gether so long as the above-named family shall see cause to live and
reside together & the whole of the before mentioned property as above
disposed of I Confirm to them & their heirs as hereafter to be mentioned
Viz, Whenever one or more of my above named Daughters, or wife wishes to
remove or marry then there shall a division take place in the un=
=divided estate. My wife shall have one fourth part of the afore
said tract of Land & its improvements; or the Value of it if there
should be a mutual agreement among the parties concerned
my negro woman Darkis[Dorcas] & her two Children Eliza & George and
one fourth part of my undivided stock of every discription as mentioned
above, waggon, gear, house hold and Kitchen furniture farming
[Will Book Volume E, page 128]
tools & crop of every discription to have & to hold during natural life
& then to be disposed of as hereafter to be named ~~ The remainder of the
undivided estate Viz land, negro man Stephen, Stock, waggon & gear
tools & Crop and House hold and Kitchen furniture, to be equally divided
between my three named Daughters Rachel, Keziah, & Sarah
Bain & their heirs to have and to hold; except in Case either of them
Should die without issue then the part of the one dying shall
return to the surviving Sisters or their heirs ~~ Item I further wish
whenever my wife sees fit and needful that she make use of the
Estate as willed her by her father in his last Will & Testament
in the supporting of herself & my three youngest Children Eleanor
Mary & Charity Bain which children I wish to be raised & sup=
=ported out of that part of the Estate willed to my Wife ~~ Item at
the Death of my wife I give & bequeath the Negro woman left her
during life Viz. Darkis[Dorcas] & her two Children Eliza & George and all
her future increase to my three youngest Daughters Ellinor Mary
& Charity also all my interest in the Estate given to my wife by her
father in his last Will and Testament ~~ except such part as my
wife may see fit to make use of during the term of her natural
life ~~ But if either of them should die without issue, I allow
their part to be equally divided between the survivors of them
or their heirs and the remainder of the undivided Estate willed my
Wife during life, Viz, land, Stock &c &c as mentioned above at her Death
I give & bequeath to my three oldest Daughters Rachel, Keziah & Sarah
or their heirs ~~ I further allow my three youngest Daughters to be
furnished with such materials as will enable them to make each of
them two beds & furniture ~~ Item I give & bequeath my Son-in-law
Thomas Heartt one negro woman, named Hannah, one negro boy
named Patterson & one named Nelson and all the said Hannahs
future increase until his four Children Harriet Walton Heartt,
Henry Jackson Heartt, Harrison Bain Heartt, & Julian Heartt, until
they should marry or the youngest of them shall arrive at full age
then the above named negroes Hannah & her future increase with
Patterson & Nelson & shall be equally divided between his before &
above name Children or their heirs ~~ But if any of these Children
should die without issue, then that one's part shall be equally divided
between the remaining Children or their heirs. Item I give and
bequeath to my Oldest Son Nathaniel & his heirs all the cleared
land he has been in the habit of cultivating with all the wood
[Will Book Volume E, page 129]
land belonging to the Lindley Tract except what has been already willed
away as above ~~ And also one undivided half of the wood Land on the North
& west Side of the Branch running from the poor House Springs ~~ Beginning
mid way on the North & South Line of the poor House Tract & running East =
wardly until it strikes or intersects said Branch, dividing said parcel of
Land into two equal parts ~~ The north side of said land I give with the
above named Tract and all of its improvements to my son Nathaniel &
his heirs ~~ Also I give & bequeath to my said son a certain negro boy by name
Samuel, also my large shop anvil & [the use of] the remainder of the shop tools so long
as he lives where he now resides ~~ but in case he removes the remainder
of the[se] tools to be left for the use of the plantation where I now live ~~
Item I give & bequeath to my son John all the Richie Tract of Land
except what has been disposed of as above also I give & bequeath to
my said son John one negro woman by name of Venus & all her
future increase ~~ I appoint [and constitute] my two sons Nathaniel & John Executors
to this my last Will & Testament
Signed, sealed, & acknowledged Thos. Bain (seal)
in the presence of
EGraves
Thos. Armstrong
William Clarke
Codicil
By way of a Codicil to will above I do hereby confirm everything
that I there willed and disposed of according to the form & manner there
mentioned except that part concerning the division of the Land on which
I live and instead of my wife only having one equal fourth part of
the aforesaid Tract of Land as mentioned in my will above, Viz
if the division of said Tract of Land should take place, I do
hereby Will her my Dwelling-home and all the out houses belong=
-ing thereto with fifty acres of Land laid off to the best ad=
=vantage around and including said Houses ~~ And at her
Death the said Land I will & bequeath to my three oldest Daughters
Rachel Keziah and Sarah in accordance with my will ~~ In
Witness whereof I hereunto set my hand & Seal this Seventeenth
day of October one thousand Eight hundred and twenty Six
Signed, Sealed and acknowledged
in the presence of
EGraves Thomas Bain (seal)
Thos. Armstrong
William Clark
Orange County November Term 1829
The Execution of the foregoing last Will & Testament of Thomas
Bain Decd with the Codicil thereunto annexed was duly proved
[Will Book Volume E, page 130]
in Open Court by the Oath of Elijah Graves one of the subscribing
Witnesses thereto & ordered to be recorded ~~ At the same time
the Executors therein named qualified accordingly
Test
Additional Comments:
Will Book Volume E, pages 127-130
Recorded Nov 1826
Writing is light, faded and left margin is obscured by Conservator's Tape. However, not hard to decipher.
Estate Papers redirect the researcher to the folder of "Kelly, John (1826)", which are more fully described with the will of John Kelly, Sr. (1817). Keziah Bain is mentioned in the will of her father, John Kelly, Sr. (1817), and this testator was one of the executors of his father-in-law's estate.