Orange County NcArchives Wills.....Armstrong, Rachel February 13, 1823
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, page 143
Written: February 13, 1823
Recorded: Aug 1827
Testator: Rachel Armstrong
State of North Carolina
I Rachel Armstrong of Haw River in Orange County
do make, publish and declare this to be my last will and testament,
hereby revoking all former Wills by me made -.
I devise and bequeath to my Niece Anne Glass
Daughter of Stephan and Betsey Glass, all the Estates both Real and
personal of which I die possessed on to which I have Title or claim.
-------. I appoint Thomas Ruffin and Archibald D. Murphy Executors
of this my last Will ---
In Witness Whereof I have hereunto set my Hand &
Seal this 13th February A.D. 1823
Signed Sealed published her
and declared as the last will Rachel (+) Armstrong (seal)
of Rachel Armstrong, in mark
the presence of us, who have
attested the same in her
Presence.-----
A.D. Murphy Jurat
Victor M. Murphy
[Will Book Volume E, page 143]
State of North Carolina
I Rachel Armstrong of Haw River in Orange
County do make, publish & declare this to be my last Will & Testament ~~ hereby
revoking all former Wills by me made:~~
I devise and bequeath to my Niece Ann
Glass daughter of Stephan and Betsey Glass, all the Estates both real & personal
of which I die possessed on to which I have title or claim ~~ I appoint Thomas
Ruffin and Archibald D. Murphy Executors of this my last Will ~~
In Witness Whereof I have hereunto set my Hand & Seal this 13th February A.D.
1823 ~~~
her
Signed, Sealed, published & Rachel (x) Armstrong (seal)
declared as the last Will mark
of Rachel Armstrong in the
presence of us who have attested
the same in her presence ~~
A D Murphy
Victor M. Murphy
Orange County August Term 1827 ~~
The Execution of the foregoing last Will and Testament of Rachael Armstrong
was duly proved in open Court by the Oath of Archibald D. Murphy one
of the subscribing Witnesses thereto & Ordered to be recorded ~~
Test
Additional Comments:
Will Book Volume E, page 143
Recorded Aug 1827
Estate papers comprise 21 pages and are found in a folder labeled "Armstrong, Rachel (1827)". Some family history details found in these papers transcribed above, although these papers pertain to Rachael Armstrong, they refer to the estate of her father, John Armstrong (Will 1790)
[Estate Papers - Bill of Complaint by Rachel Armstrong 22 Jul 1823]
State of North Carolina }
Orange County } In Equity
To the Honorable the Judge of the Court of Equity for Orange
County
The Bill of Complaint of Rachael Armstrong
Against John Lancaster and Margaret his Wife
Stephen Glass and Betsey his wife & Mary Smart -
Humbly complaining sheweth Unto your Hounour your Oratrix Rachael
Armstrong of Orange County, that John Armstrong late of said County did
many years ago having previously published in Writing his last Will, which
after his death was duly proved, the same being executed in Such way as to
pass his real as well as his personal estates. that the said John Armstrong
left a Widow, since dead, and five Children to wit Mary Smart, William, since
deceased, Your Oratrix, Margaret since intermarried with John Lancaster &
Elizabeth, Since intermarried with Stephen Glass -. That in and by the said
Will, the Testator devised the Use & Profits of all his land to his Widow
during her Widowhood, and then devised to his Son William the Tract of
Land containing two hundred Acres, whereon he the Testator lived, bounded by
Haw River, the lines of John Holmes, Moses Crawford & Richard Christmas:
aand to his Daughter Elizabeth, he devised his lower plantation containing
one hundred Acres, and bounded by Haw River, the Lines of Richard Christmas
Thomas Trousdale & Robert Hunter -- : And after giving certain pecuniary
Legacies to two of his Children, he "willed and bequeathed to your
" Oratrix what would maintain her out of two plantations aforesaid;
" two thirds of her Maintenance to come out of the Land devised to his Son
" William, and the other third out of the land devised to his Daughter Elizabeth
( to be
[page 2]
" to be found her Annually during her life.": But for greater Certainty
Your Oratrix prays to reference to the said Will, now of record in Orange County
Court --.
She further shews that William one of the aforesaid
Devisees died many years ago an Infant and without Issue, and
Your Oratrix and hers Sister aforesaid, Mary, Margaret and Elizabeth are
his Heirs at Law, and the Tract of Land of two hundred Acres devised to
the said William was divided Among them after his Death.
She Shews that by an Affliction of Providence She is
disabled and deformed, and on that Account her Father charged her
Maintenance upon the Lands Aforesaid; but that by Strict economy &
steady Industry, She succeeded many year in maintaining herself, and
imposed no Burthen upon her Sisters. Of late years, Age being added to her
unfortunate Condition, She hath become unable to maintain herself and
hath repeatedly called upon the said Mary Smart, John Lancaster and Stephen Glass to
provide for her a comfortable Maintenance, and in Particular hath
requested them to furnish her with Suitable Diet and Clothing and to provide
for a Servant to take Care of her, get her Tin? Word?, cook & wash for her & to
do other necessary Offices about her House, she being willing to Sustain a
reasonable portion of all Such Charges, by Reason of the Land which descended
when as one of the Heirs of the Said William Armstrong Decd. : And she hoped
that they would not only provide for her future comfort & Support, but also
pay her her a reasonable Sum for the Years preceding, during which they
were bound to maintain her, her Maintenance for those Years being a
Debt which they owed to her: But they have refused to comply with this
request, and pretend that the Lands aforesaid are not charged with her
Maintenance : All with Actings and Doing are contrary to good
( conscience
[page 3]
Conscience; & for a much as Your Oratrix is remediless in the Premises Save
only in this Court; and to the end that the said Mary Smart, John Lancaster & Mary his
Wife, Stephen Glass and Betsey his Wife, may upon their Oaths, full, true &
perfect answers make to all and Singular the Charges of your Oratrix's Bill,
And to the further end that an Account my be taken of her Maintenance
Annually, Since the death of her Father, and also of what it now is and is
likely to come; And that an Account be also taken of the respective Sums which
the Said John Lancaster & Margaret his Wife, Stephen Glass & Elizabeth his Wife,
should contribute towards her Maintenance, or will for time past as for the
time to come, and that they be decreed to pay the Same to you Oratrix at
Such times and in Such way as this Court Shall order and direct: And that
Your Oratrix may have such other and further Relief in the Premises as is
agreeable to Equity & good Conscience : May it please your Honour to grant
to your Oratrix the States Writ of Subpoena to be directed to the said Mary
Smart, John Lancaster and Margaret his Wife, Stephen Glass & Elizabeth his Wife,
commanding them & each of them to be and appear before your Honour in this Court
on the third Monday of September next, then & there to answer your Oratrix's
Bill and to Stand to, abide by & perform, Such Order & Decree as your Honor
Shall make in the Premises in? & She as in duty bound will every pray ~~~
Ruffin & Murphey - for Cmptt
To Sept. term 1823