Orange County NcArchives Wills.....Faucett, Robert August 3, 1822
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 137-139
Written: August 3, 1822
Recorded: Feb 1827
Testator: Robert Faucett
I Robert Faucet of Orange County in North Carolina do make & publish this
paper writing as my last will & Testament. -
I give & bequeath unto Mrs Martha Strudwick my faithful old slave Luce, whom
I purchased out of her family from the late Colo. William Shepperd: Which bequest
I make at the particular request of the said Slave & in the expectation that
Mrs. Strudwick will never suffer her to be sold or ill-treated: And in case Mrs Strud
wick should die before I do I give & bequeath the said Luce to Mrs Grove, the
widow of the late William B Grove Esqr. Fayetteville, who owns her son.-
---- I give & bequeath unto my friend Duncan Camerson Esquire the Sum
of One hundred Dollars to be paid to him by my Executors within one
year after my death, together with Interest thereon from the time of my death
which Legacy I give for certain reasons & purposes, that are well under
-stood between Mr Camerson & myself & by which his disposition thereof will
undoubtedly be governed. ~~
I direct all my debts to be paid forthwith by my Executors: ---
And the residue of my Estate of every description whether real or personal
I hereby direct & empower my Executors to sell & dispose of to the best ad
-vantage for cash or on credit at publick or private Sale, according to their
discretion - the purchase money bearing Interest if the sale be on a credit:
And I hereby give & bequeath the whole thereof when thus turned into Mo-
ney, unto my Son Robert Faucet; if he should be alive & return to North Carolina
to receive the Same: But under the belief that my said Son is dead, I do fur
-ther order & direct, that my Executors put out to Interest in good hands
& upon good Security all the monies that may be on hand, or that may be col
-lected from debts owing to me & from the sales of my Estate as aforesaid or
otherwise, upon which the Interest shall be payable annually & be an
-nually collected by my Executors: which Interest & profit I do hereby give
& bequeath unto my two Sons James Faucet & William Faucet to be
divided equally & paid to them yearly by my executors during their joint
lives - I do further will & direct, that, upon the death of either of my said Sons
James or William, the said Debts, monies & Estate in the hands of my Execu
-tors or placed out at Interest be equally divided & the one half thereof
be equally divided & distributed amongst & to the children of him so
dying that may be living at the death of his or her father & the other half
thereof again kept or put out at Interest as before directed & the interest
thereof collected & paid over annually to my said surviving Son during
(his
[page 2]
his life & upon his death the said remaining half part, principal & Interest shall
be equally divided & distributed amongst & to the Chil
-dren of my said Son so lost[last?] dying as aforesaid, that may be living at the
death of his her or their father aforesaid: And in case my Son Robert should
not return, until some of all of the payments shall be made by my Execu
-tors to my said Sons or to my Said Grand children, then & in that case I wish all
such payments to stand good & the said Robert is only to have the residue
that may then be undistributed, as it may be very difficult to recall the
Estate after it shall have gone into the hands of my sons James & Willi
-am or their Children: And as I have raised William Tuder[Tudor?] I feel inclin
-ed to make some provision for him & do therefore will & declare that in case
he be living at the time of the death of that one of my sons who shall
first die, he the said William Tuder shall have of that half of my Estate
then to be divided amongst my grand children as aforesaid one half as
much thereof as each of the Children of my said son so dying & so in like
manner if he be living when my remaining son shall die, he shall
have of the other half of my Estate then to be divided ["in half" x-out] one half
as much thereof as each of the Children of my said Son so last dying:
But if the said William Tudor should die before he shall be entitled to de-
-mand the said legacies to him respectively, I declare it to be my intention
that the same are not to be transmissible to his representatives, but
shall sink into the undivided residue of my Estate, to be divided as herein
before directed, in the same manner as though he had not been at
all mentioned in this will: ---
I further will & declare that in making sale of my Slaves, I desire my Exe[cu]
-tors not to dispose of them to cruel masters or in distant parts & leave
it to them to get good masters for the Said Negroes in this part of the Coun
-try, although it may cause them to sell for less money: --
I appoint the Reverend John Hanks, & my Cousins James Faucet / Mil
-ler & son of David / and John Faucet / son of Henry / the Executors of
this my will: And furthermore I will & declare that, in case of the death
of one or more of my Executors or of the refusal of him or them to
prove & act in the Execution of this will, then & in those cases, the
survivors or Survivor of those or that one of them who shall quali
ly[sic] & act under this will or that person or those persons to whom admi
-nistration of my Estate shall be granted [&?] shall have full power
& authority to make sales of my Estate aforesaid & perform all the
Trusts herein created or hereby declared & in every respect to execute
this will, as all my said Executors would or could, if they were all
living & had jointly proved my will and acted in it Execution. ---
[page 3]
In Testimony whereof I have hereunto set my hand the 3rd day of
August A.D. 1822 ~~~
Signed published & declared by the }
Testator as his last Will in the pre }
-sence of us, who attested the same } Robert Faucet
in the presence of the Testator & of }
each other. ---------------------- }
}
Thomas Ruffin }
}
Patrick H. Winston Jurat }
John A. Fassett qualified
[Will Book Volume E, page 137]
I Robert Faucett of Orange County in North Carolina do make & publish
this paper writing as my last will & Testament. ~~
I give & bequeath unto Mrs Martha Strudwick my faithful old slave Luce, whom I
purchased out of her family from the late Colo. William Shepperd: Which bequest I make
at the particular request of the said Slave & in the expectation that Mrs. Strudwick
will never suffer her to be sold or ill treated: And in case Mrs Strudwick should
die before I do I give & bequeath the said Luce to Mrs Grove, the widow of the late
William B Grove esquire Fayetteville, who owns her son: ~~
I give & bequeath unto my
friend Duncan Cameron esquire the Sum of One hundred Dollars to be paid
to him by my Executors within one Year after my death, together with Interest
thereon from the time of my death which Legacy I give for certain reasons and
purposes that are well understood between Mr Cameron & myself & by which his
disposition thereof will undoubtedly be governed. ~~
I direct all my debts to be [paid] forth
with by my Executors: ~~ And the residue of my Estate of every description
whether real or personal I hereby direct & empower my Executors to sell & dispose
of to the best advantage for Cash or on a credit at public or private Sale accor=
=ding to their discretion ~~ the purchase money bearing Interest, if the Sale be
on a Credit: And I hereby give & bequeath the whole thereof when thus turned
into money unto my Son Robert Faucett, if he should be alive & return to North
Carolina to receive the Same: But under the belief that my said Son is dead
I do further Order & direct, that my Executors put out to Interest in good
hands & upon good Security all the monies that may be on hand, or that
may be Collected from debts owing to me & from the Sales of my Estate as aforesaid
or otherwise, upon which the Interest shall be payable annually & be annually
Collected by my Executors: which Interest & profit I do hereby give and
bequeath unto my two Sons James Faucette[sic] & William Faucett to be divided
equally & paid to them yearly by my Executors during their Joint lives
I do further will and direct, that, upon the death of either of my said
Sons James or William, the said Debts, monies & Estate in the hands of my
Executors or placed out at Interest be equally divided & the one half thereof
be equally divided & distributed amongst & to the Children of him so dying
that may be living at the death of his or her father & the other half thereof again
Kept or put out at Interest as before directed & the interest thereof Collected
& paid over annually to my said Surviving Son during his life & upon his
death the said remaining half part principal & Interest shall be equally
divided & distributed amongst & to the Children of my said Son
[Will Book Volume E, page 138]
so last dying as aforesaid, that may be living at the death of his her or
their father aforesaid: And in Case my Son Robert should not return until
some of all of the payments shall be made by my Executors to my said Sons or
to my Said Grand children, then & in that Case I wish all such payments
to stand good & the said Robert is only to have the residue that may ["be" x-out] then
be undistributed, as it may be very difficult to recall the Estate after
it shall have gone into the hands of my Sons James & William or their Children
And as I have raised William Tudor I feel inclined to make some pro=
=vision for him & do therefore will & declare that in case he be living at the
time of the death of that one of my Sons who shall first die, he the said William
Tudor shall have of that half of my Estate then to be divided amongst my
grand-children as aforesaid one half as much thereof as each of the Children
of my said son so dying; & so in like manner if he be living when my remaining
son shall die, he shall have of the Other half of my Estate then to be divided one
half as much thereof as each of the Children of my said Son so last dying: But
if the said William Tudor should die before he shall be entitled to demand the
said Legacies to him respectively, I declare it to be my intention that the same
are not to be transmissable to his representatives, but shall sink into the
undivided residue of my Estate to be divided as herein before directed in
the same manner as though he had not been [at all] mentioned in this Will: ~~
I further Will and declare that in making Sale of
my Slaves I desire my Executors not to dispose of them to Cruel Masters or
in distant parts & leave it to them to get good masters for the said negroes
in this part of the Country, altho' it may cause them to sell for less money
I appoint the Reverend John Hanks & my Cousins James
Faucett (miller & Son of David) & John Faucett (son of Henry) the Executors of
this my last Will: ~~ And further more I will and declare that, in Case of [the death of]
One or more of my Executors or of the refusal of him or them to prove & act in
the Execution of this will, then & in those Cases the survivors or Survivor or[of]
those or that one of them who shall qualify & act under this Will or that person
or those persons to whom administration of my Estate shall be granted shall
have full power & authority to make sales of my Estate aforesaid &
perform all the Trusts herein created or hereby declared and in every ~~~
respect to execute this Will, as all my said Executors would or could if they
were all living & had jointly proved my Will & acted in it Execution
[Will Book Volume E, page 139]
In Testimony whereof I have hereunto set my hand the 3rd day of
August A.D. 1822
Signed published & declared by the Robert Faucett
Testator as his last Will in the presence of us
who attested the same in the presence of the
Testator & of each other
Thomas Ruffin
Patrick H. Winston
Orange County February Term 1827 ~~~
The Execution of the foregoing last Will and Testament of Robert Faucett
decd. was duly proved in Open Court of the Oath of Patrick H. Winston
one of the subscribing Witnesses there to & Ordered to be recorded ~~ At
the same time John Faucett one of the Executor named in Said Will qua
lified Accordingly
Test
Additional Comments:
Will Book Volume E, pages 137-139
Recorded Feb 1827
Estate Papers comprise 72 pages and are found in folder labeled "Faucett, Robert (1826)".
William Faucette died in 1857
Note 1: de bonis non - This phrase is used in cases where the goods of a deceased person have not all been administered.
Note 2: mesne - intermediate process; process intervening between the beginning and end of a suit, sometimes understood to be the whole process preceding the execution.
[Estate Papers - Inventory of Estate 2 Jan 1827]
An Inventory of Articles sold at the sale of the late Robert Faucett
deceased -- -- the 2d of January 1827
[sundry articles]
[page 2]
[sundry articles]
Land & improvments
Nancy
Jenny & her 4 children
1 Note on Clancy & Child for $30 bal
with Int. from 20 Jany 1819
Cash on hand recd. 6/6
John A, Faucett Excr.
[Estate Papers - Account of Sale of Estate 2 Jan 1827]
An Account of Sales belonging to the Estate of the late
Robert Faucett deceased. ------------
[sundry articles omitted]
[page 5]
[sundry articles omitted]
6 Negroes Nancy & Jenny & 4 Children to }
James Allison } 900.00
[Estate Papers - Petition Spring 1860]
North Carolina } Superior Court of
Orange County } Law Sprint Term 1860
To the Honorable Judge of Said
Court
The petition of Chester ["F." x-out] Faucette
of the County of Alamance respectfully
Shews
That in the year 1826 Robert Faucette
foemrly of said County of Orange, died leav
ing a will which at February Term 1827 of
the Court of Pleas of that county was duly
admitted to probate; that by said will it
was provided that his executors therein
named should convert into money all of
his estate, with certain small exception as
by reference to the same will duly appear;
also that such money should be paid over
to the testator's son Robert in case he should
be living, otherwise that it should be equal
ly divided betwixt his sons William and
James in the following manner towit -- that
his executors should hand over such money
& pay the interest annually in equal portions
to the William & James, and at the
death of either of these, should pay over
to the surviving children their father's respective share.
Your petitioner also shows that the ex-
executors of said Robert Faucette are since
dead and that at ____ Term 18__ your
[page 2]
petitioner was duyly appoint his administra
tor de bonis non[Note 1]; see end of petition, that in the year 1857 ~~~
William Faucette who was the survivor of
the two above =together= mentioned, died,
leaving surviving him Robert Faucette, Hugh
Faucette, William G. Faucette, Nancy, wife
of C. J. Anderson; Sally, wife of Legrand Burch;
Susan, wife of James Ray; Polly widow of
Jno Porterfield, Cerioes[?] Ralph Faucette, James
Faucette and Elmore Faucette about above
condition your petitioner is not informed;
that your petitioner is informed and believes
that the said Hugh, James and Ralph
did in the yar 1829 convey their rights
under the above mentioned provision of the
will of Robert Faucette to one John A. Faucette
and that the same by sundry mesne [Note 2] con-
veyances became vested in Thomas ["D." x-out] Faucette
lately deceased, of whom Thomas Web Esq
is now administrator, and that said Thomas
Webb claims such rights as administrator.
Your petitioner also shews that there has
come into his hands as administrator aforesaid
the sum of ___________________________________
Dollars to be distributed amongst the children
of said William Faucette; that your petition
er is anxious to be rid of his obligations in
regard to the same, and that he has made
sundry payment in respect of the same to
different persons entitled thereto: that however
[page 3]
he cannot safely proceed to make a full
settlement of the business because of the ex-
istance of conflicting claims in respect thereto,
- inasmuch as some of the surviving children
resist that the distribution shall be made
amongst those only who are surviving children,
whilst other say that the representative of
such children as died before their father the
said William Faucette are entitled to their
part as if they had survived.
To the end therefore that these parties
may litigate their claims before this Court;
that an account may be taken of the
shares due each, and your petitioner dis
charged from his responsibility herein; and
that your petitioner may have such due
and further relief &c &c. May it please
your Honor to order that a copy of this
petition together with subpoenas shall
issue to Robert, Hugh, and W. G. Faucette,
to C. J. Anderson & wife Nancy, Legrand Burch
and wife Sall, James Ray & wife Susan,
Polly Porterfield; to Ralph, James & Emlore
Faucette, and to Thomas Webb amdr. of Thos.
D. Faucette commanding them &c &c
C. ["F." x-out] Faucette by
J. T. Kirleifs[?] Atto.
X That Robert Faucette the younger, disap-
peared in the year 1817 and has never since
been heard from.