Orange County NcArchives Wills.....Marcom, Isaiah February 25, 1860
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File contributed for use in USGenWeb Archives by:
Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Loose Will, NC Archives CR 073.801
Written: February 25, 1860
Testator: Isaiah Marcom

I Isaiah Marcam of the County orang con.
and state of North Carlina[sic] being [of] sound mind
and monry but considing[sic] the unsertainty
of my earthaly exstence do make and de Clare
this my last will and testement in manner
and forme fowlling that first that my
exeucuters hear after named shall provid[e]
for my body a desent burel suteble to
the wieshes of my relatevs and friend and
pay ll furnel expenc to gethern with
my Just debets whosoever and to whmsoever
owing out of the moneys that my furst
Com[e] in to his hands as part of my estat[e]

itom I give to William and Luther Marcom
ich [each] one colt to be erased[raised?] from my stock
of horses that if thay stay [? well ?] they com
lawful eage ---  ---  ---  ---  ---  ---

then I give and devise to my six daughter to wit
Marthay and Ann and Eliser [Gliser?] Mary Pehby and
Jane one hundred acas [acres] of land lying west
Jaymes Laty and Cook to gethe with all my
pursel [personal] esta[t]e Consisten of my Stock of all
kins consistin[g] [of] herses Cattl[e] Hoags and Crop
on hand to gether with my hous[e] hold and
["Ci" x-out] kitchin furnitur[e] to gether [with] working tools
to them and the[i]r he[i]rs forev[e]r then I give to
my two sons BenJamin and Gone [John?] R Marcom
the Ballanc[e] of my lan[d] l[y]ing East a Gioning [adjoining]
Frank Barbee to be Equ[a]l[ly] devided betwe[e]n
the[m] to them and [their] heirs frevr

[page 2]
no to Bing my will and desir[e] is
if this Call mind [coal mine?] should ever Com to
proft then Henry Coms in for an
eqel [equal] Sher of that for all my Childr[e]n
fre the[y ?] all to heve an equel part
of the profet if anny

and I hear by Constitute and appoint my
trusty son BenJamin Marcom my lawyful [executor] to
Execute this my last will and testement
acco[r]din[g] [to] the trew intent and mening
of the same and part and every Claws[sic] therof

I herby revoking and declaring ut[er]ly void
all other wills and testemems by me herto
for [heretofore] made in witness whar of I the sade
_______________________ do hearunto set my hand and
seal

this the 25 Febury 1860
                          Isaiah Marcom (seal)
Sind sealed and published and declared
by the sade Will and testement in presents [of] us
ho at his reqes and [in the] presents of us and Theo Jehon
to be his last will and testement

Miss Mary C
     Marcom

Additional Comments:

Original will was written phonetically.

Will not found in Will Books of Orange County because it did not pass probate.  See Estate Papers.

Estate Papers comprise 22 pages and are found in folder labeled "Marcom, Isaiah P (1864)". Testator's full name is listed as "Isaiah Presley Marcom".  In Nov 1864, in a petition requesting her widow's allowance, Elizabeth Marcom, the testator's widow asserts that he "died about the 20th May last in battle near Petersburg" Virginia.  There are depositions in this folder which may interest those researchers who are focused on this lineage.

[Estate Papers - Probate proceedings 26 Feb 1878]
Orange County }
Probate Court } February ["Jany" x-out] 26th 1878

Be it remembered that on the 26th day of
["January" x-out] February 1878, Calvin O'Bryan and his
wife Eliza Ann propounded before
me for probate a paper writing purporting
to be the holograph will of the late Isaiah
Markham deceased of Orange County,
bearing date 25th February 1860, and proved
by three credible witnesses that said paper
and every part thereof including the he signa=
ture of said Markham was in his own
handwriting; And that the same was found
laid up in a book in an open shelf of
a book case in am open room without lock
to which every inmate of the house had free
acces.  And it was further proved that siad
Markham Kept his money title deeds notes
due to him and official papers as a justice
of the Peace, in an apartment of a chest
of drawers in a bureau, which had a lock to
it.  And that said Markham died 26 Decr 1864

    Upon this evidence (for which references made
to the depositions of the witnesses) I do adjudge that
said paper writing had not been established
by said proof to be the last will and testament

[page 2]
of said Isaiah Markham deceased: And
probate of the same as his will is therefore
refused: And I further adjudge that the said
propounders pay the costs of this proceeding

    ["Jany" x-out] February 25th 1878    Geo Laws
                                        Probate Judge