Orange County NcArchives Wills.....Murdock, Margaret April 24, 1837
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Ben Franklin ben.franklin.ffru@gmail.com May 2024
Source: Loose Will, NC Archives CR 073.801
Written: April 24, 1837
Testator: Margaret Murdock
State of North Carolina }
Orange County } Sct
In the name of God Amen: I Margaret Murdock of the
County of Orange in the state aforesaid, do make publish and declare
this to be my last will and Testament in manner and form follow=
ing to wit:
1. I wish all my Just debts to be paid.
2. It is my will and desire, that my plantation known
as the 'Jim Murdock place', on which Joseph Steel now lives, be
advertised by my Executor, publikly, for the space of thirty days
and publicly sold to the highest bidder, on Such Credit as my
Executor my deem best, and it is my will that the money
arising from said sale be appropriated in part to the paying
off my debts.
3rd. It is my will and desire, that my Negro Man
Ben be valued by three men hereinafter named,-
4. I also will that Milley, Kezia, Ben and Bob
be in like manner valued & sold as aforesaid, and after paying off
all my Just debts, it is my will and desire that all the
balance remaining after defraying all my debts and ex
=penses be disposed of as follows to wit:
5. I give unto James Murdock, Sally Murdock
Peggy Murdock and Morgan Murdock, Children of my Son
James Murdock (Deceased) Twenty five Dollars each
6. I will unto my Daughter Nancy Steel one Cow
called Pink.
7. I will all of my horses cattle and stock
as well as household and Kitchen furniture to be sold
& farming utensils
8. I give unto Martha Craig one of my
Cows.
9. It is my will and desire that each of
my Negroes have choice of homes and that none be expo
=sed to public Sale, but valued as above directed.
10. I will my Negro woman Pat to
Andrew Craig ["to" erased] and request him to take care of her in
her old age, but if ["Andrew Craig" x-out] Pat is not willing to go
to Andrew Craig ["11." x-out] I wish her to make such a choice amongst
[page 2]
the heirs as is most Satisfactory to herself.
12. It is my will and desire that whatever
balance of my estate there remain, after my executor has dis
=charged all of my Just debts - I give unto unto[sic] my
friend Samuel Kerr, all the residu[u]m or balance of my
estate as Trustee for my daughter Jane Craig, and the Said
Samuel Kerr as Trustee may at any time or times take
possession of said residum or balance of my estate
It being my intention that the Same be not ["be" x-out] subject to the
debts of my said daughter Jane Craig.
13. It is my will and desire that
Samuel Kerr, act as Trustee aforesaid and James A.
Craig be executor of this my last will and Testament
Signed, sealed, published and }
declared as the last will of }
Margaret Murdock in the pres } Her
ence of us, who have become sub } Margaret (X) Murdock (seal)
=scribing witnesses, thereto at her } mark
request,: this the 24th day of April }
Anno Domini 1837. }
Test }
John Tate } }
} }
Mary Eliza Lynch } }
[page 3]
State of North Carolina }
Orange County }
I, Margaret Murdock of the County of
Orange and state aforesaid, do on this the 20th day of April in the
year of our Lord 1838, make publish and declare this to be an
appendix to my last will and ["Codicil" x-out] Testament.
Whereas in my last Will & Testament I made a bequest
to the Children of my deceased Son James Murdock ["deceased" x-out]
but in Consequence of there being larger claims against my
estate than What I had expected I do therefore revoke the bequest
to Said grandchildren.
It is my will and desire that whatsoever balance
of my estate there may be left after ["defraying all" x-out]
paying off all Just claims against my estate - and settling
the several bequests mentioned in my last Will (With
the above exception viz as regards the bequest to
James Murdock's children, [erase] I give and bequeath
to Samuel Kerr, nevertheless in trust for the use and
benefit of my daughter Jane Craig, and it is my will
that the Said Saml. Kerr take possession of said
balance into his hands and dispose of for the use and
benefit of said Jane Craig and it is my express will
and desire that none of said bequest be subject to any
of said Jane Craig's debts.
It is my will and desire that James A Craig be Exr of
this my ["last will" x-out] Codicil.
her
Signed sealed published & declared by the Said } Margaret (+) Murdock
Margaret Murdock in our presence as a }
Codicil to her last will & Testament }
Test John Tate }
Mary Eliza Lynch
Additional Comments:
Not found in will books.
Estate Papers comprise 74 pages and are found in a folder labeled "Murdock, Margaret (1837)". The will was disputed. Court of Pleas and Quarter sessions rendered judgment that the will was her true will, but it was appealed to the Superior Court. Their ruling was not found, but assumed to be that the will was denied and thus not recorded.
Jane Craig was also known as "Jinny"
[Estate Papers - Court Proceeding Nov 1838]
State of North Carolina
At a Court of Pleas & Quarter Sessions began & holed for
the County of Orange at the Court House in Hillsborough on
the 4th Monday in November A.D. 1838
A Paper Writing purporting to be the last Will
and Testament of Margaret Murdock Decd. with the codicil was
produced in open Court for Probate by Jane Craig - whereupon
James A. Craig who is named as Executor in said Will & Codicil
appeared in open Court & renounced his office & appointment as
Executor aforesaid & all his right & Interests appertaining
thereto -- Which renunciation was accepted by the Court ---
And it being suggested to the Court that said Paper Writing is
not the last Will & Testament of said Margaret Murdock Decd.
by some of the next kin (To Wit) Andrew C. Murdock James
Murdock Mary Ann Murdock James Wyatt & Elizabeth his wife
Sarah Murdock Margaret Murdock Nancy Steel Alfred Murdock
& Harriet Murdock - It is therefore ordered by the Court that an
issue be made up to try whether the said Paper Writing is the last will
& Testament of said Margaret Murdock Decd. & whether by the said
Paper Writing she did devise & bequeath as therein stated and that
said issue be made up between Jane Craig of the one part and the said
Andrew C. Murdock James Murdock Mary Ann Murdock
James Wyatt & Elizabeth his wife Sarah Murdock Margaret
Murdock Nancy Steel Alfred Murdock & Harriet Murdock
of the other part - But the parties being not ready so the said cause
was continued until Feby Term A.D. 1839 when cane the parties
by their attorney's & came also the following Jury viz William
Faucette William Tarpley William Thompson John Crawford
Henry Anthony Lemuel W Simpson Willis Sellars William
Caruthers William Patterson Francis Wilkerson Israel Turner
& Sutherland May who being impaneled & sworn find that the
Paper's writing are the last will & Testament of Margaret
Murdock Dec & was duly published by her as such
in the following words and figures. Viz. State of North Carolina
Orange County In the name of God Amen. I Margaret
[page 2]
Murdock of the County of Orange in the state aforesaid do make
publish & declare this to be my last Will & Testament in manner &
form following Viz: 1 I wish all my Just debts to be paid. 2. It is my
will & desire that my plantation known as the Jim Murdock place
on which Joseph Steel now lives be advertised by my Executor, publickly
for the space of thirty days and publickly sold to the highest [blot out]
bidder on such credit as my Executor my deem best: and it is
my will that the money arising from said sale be appropriated
in part to the paying off my debts. 3rd It is my will & desire that
my Negro Man Ben be valued by three men hereinafter named,
4th I also will that Milley Kezia Ben and Bob be in like manner
valued & sold as aforesaid, and after paying off all my Just Debts
It is my will & desire that all the balance remaining after defraying
all my debts and Expenses be disposed of as follows to wit.
5. I give unto James Murdock Sally Murdock Peggy Murdock
& Morgan Murdock children of my son James Murdock Decd.
Twenty five Dollars Each. 6. I will unto my Daughter Nancy
Steel one Cow called Pink. 7. I will all [of] my horses, cattle, & stock
as well as household & Kitchen furniture to be sold & farming
utensils 8. I give unto Martha Craig one of my Cows
9. It is my will and desire that each of my negroes have choice
of homes and that none be exposed to public sale but valued as
above directed 10. I will my Negro Woman Pat to Andrew
Craig and request him to take care of her in her old age, but
if Pat is not willing to go to Andrew Craig I wish her to make
such a choice amongst the heirs as is most satisfactory to
herself. 12. It is my will & desire that whatever balance of my
Estate there remain after my Executor has discharged all
of my Just Debts. I give unto my friend Samuel Kerr all the
residuum or balance of my Estate as Trustee for my Daughter Jane
Craig and the said Samuel Kerr as Trustee may at any time or
times take possession of said residuum or balance of my Estate
It being my Intention that the Same be not subject to the Debts of
my said daughter Jane Craig.
[page 3]
13. It is my will and desire that Samuel Kerr, act as Trustee
aforesaid and James A. Craig be Executor of this my last
Will & Testament
Signed, sealed, published and }
declared as the last will of } her
Margaret Murdock in the } Margaret (X) Murdock (seal)
presence of us, who have become } mark
subscribing witnesses thereto at }
her request: this the 24th day of April }
Anno Domini 1837. }
Test
John Tate
Mary Eliza Lynch
State of North Carolina }
Orange County }
I, Margaret Murdock of the
County of Orange and State aforesaid, do on this the 20th day of
April in the year of our Lord 1838 make publish and declare this
to be an appendix to my last Will & Testament. Whereas in my
last Will & Testament I made a bequest to the children of my
deceased son James Murdock but in consequence of there being
larger claims against my Estate than What I had Expected
I do therefore revoke the bequest to said grand children
It is my will & desire that whatsoever balance of my Estate there may
be left after paying off all Just claims against my Estate & Settling
the several bequests mentioned in my last Will with the above exception
viz. as regards the bequest to James Murdock's children
I give & bequeath to Samuel Kerr nevertheless in trust for the use
& benefit of my daughter Jane Craig, and it is my will that the
said Saml. Kerr take possession of said balance into his hands and
dispose of for the use & benefit of said Jane Craig and it is my
Express will & desire that none of said bequest be subject to any
of said Jane Craig's debts - It is my will and desire that
James A Craig be Executor of this my Codicil
[page 4]
Signed sealed published & declared by }
the said Margaret Murdock in our }
presence as a Codicil to her last Will } her
& Testament } Margaret (+) Murdock
Test John Tate mark
Mary Eliza Lynch
And that she did devise & bequeath as therein set forth - And
Judgment of said Court was thereon rendered accordingly
But the said Nancy Steel & others being dissatisfied therewith
prayed an appeal to Orange County Superior Court of Law &
entered into Bond with James C Turrentine & James Thomas
Securities
J Taylor CofCC
[Estate Papers - Deposition of Thomas Scott 24 Apr 1840 (modern spellings)]
[top portion obscured]
...
from the Superior Court of Said County impow=
-ering us to take the Deposition of Thomas Scott
Esqr. to be read in evidence in the Suit now
pending in Said Court Wherein Jane Craig is
plaintiff & Andrew Murdock and others
defendants. We have this day cause the said
Thomas Scott to appear before us in the store
House kept by the said Scott at Ruffins Mills
in Orange County. One this 25th day of April 1840
and the Said Scott being duly Sworn deposeth
and says he is aged about Sixty Seven Years
of age[sic]. that he was well acquainted with
Margaret Murdock Decd. And that his acquaintance
commenced before he was grown.
That ins the early Part of April 1837 he was
in Company with the Deced. at her Dwelling house
and had considerable conversation with her
that she then had the appearance of being Very
aged and infirm and had lost her hearing
to such an extent that it was Very difficult
to make her understand that she could more
easily understand when spoken to by one of
the family - That she spoke of Writing her will,
and requested him to write it for her observing
that after her debts were paid she would have
very little property left that her Daughter
Jane Craig had been Very good to her in
her old age and that she desired he[r] daughter
Jane should have the balance of her property
that remained after the payment of her debts
That Jinny was in debt herself and the property
which she might leave her would be taken to
pay those debts, She requested that he property
might be willed to her friend Samuel Kerr
for the benefit of Jinny that the deponent
[page 2]
observed to Mrs. Murdock that he was doubtful
whether he could write such a Will in proper
form that he understood then was a bad state
of feeling existing between Jane Craig and her
sister Nancy and that an attempt might be made
to break the will and advised her to apply
to Doctor Craig who was better acquainted with
such matters - This deponent further states that
some time after the visit mention[ed] above he was again
at her house and had further conversation with
her that she observed that she was indebted to
James Mebane Senr. that said Mebane had desired
her to Secure his debt by a conveyance of her
property in trust - that she had declined
giving such a conveyance that a claim which this
deponent had upon her was not also secured
in the trust that she did that day sign a deed
in trust to secure said debts which was due
A T Bracken & Co. And of which this deponent
had the control -- This deponent further States that
on the first visit spoken of above in the early
part of Apr. 1837 supposing from her age and
apparent infirmity that she might not be acquainted
with the increased value of Slaves at that time
or indeed the value of any property and in
order to ascertain the correctness of her impressions
her[sic] proposed to by of her a small negro girl
which in former times could have been bought
for one hundred dollars and offered her
that[the] sum of two hundred dollars - she observed
that she could not sell her that she was her
little maid but if she were to sell her she would
not take less than two of three times the amount
offered
Thos. Scott
We the undersigned Certify that
the above Deposition was taken before us
Saml. N. Tate & Johnathan K. Gant acting Justices
of the Peace for the County of Orange as set forth
in the caption thereto as Witness our hands
[page 3]
and seals this 25th day of April 1840
Saml. N. Tate JP (Seal)
Johnathan K. Gant JP (Seal)