LAST WILL AND TESTAMENT
Last Will And Testament of Robert Walker
Orange County, North Carolina
February 6th 1826
In the name of God, Amen! I, RobertWalker, of Orange County, North Carolina, do make and ordain this instrument tobe my last will and testament, Viz:
In the first place: I direct my executorsto pay all debts that I may justly owe at the time of my death.
Second: I give to my wife, Eleanor, duringher life one hundred acres of land lying on the east side of the Black Jack branch, to be laid out in sucha manner as to include the dwelling house, out houses, orchards, etc. One Negrogirl named Cynthia. All the house and kitchen furniture, two work horses, twopair of gear, two ploughs, two hoes, two axes, four head of milch cows, and allthe field hogs.
Third: I direct that the property herebydevised to my wife for life, be sold by my executors (the land excepted) afterher death and the money arising from such sale to be equally divided amoung mychildren living at the time of her death, except my daughter ElizabethPetterson (Patterson), whom I expressly exclude from any part thereof.
Forth: I give and devise to my sons, Johnand William Walker, the land lying on
the west side of the Black Jack branch, tobe equally divided between them. But from this devise, so much land to be takenas will with the land on the south acres, to be made up in the manner beforementioned, I give and devise to my sons: John, William, Robert, and Phillip astenants in common for the erection thereon of a water grist mill for the use ofmy said sons jointly and their joint heirs.
Fifth: I give and devise to my sons Robertand Phillip, all the lands on the east side of the Black Jack branch remainingafter taking out the part devised to my wife for her life, to be equallydivided between them.
Sixth: I give and devise to my son GeorgeW. Walker, the land and appurtenances
devised to my wife for life, after herdeath. I direct likewise in case that my said son should die before his arrivalat full age, that the land devised to him should be equally divided among myother four sons or the survivors of them Should my son George arrive of age inhis mother's lifetime, I direct that he have the use of such part of theplantation as she can conveniently spare him Should my wife die before Georgecomes of age, I direct my daughter Sally have the use of the land devised toGeorge until he comes of age.
Seventh: I give and devise to my daughtersSally and Peggy Jane (and Polly)
three hundred acres of land on the watersof Flat river, to be equally divided between them.
Eighth: I give and devise to my daughterSally, one bed and furniture and stand
ofdrawers and the sum of fifty dollars in money, exclusive of her share of myestate after her mother's death as herein above directed.
Ninth: I give and devise to each of mychildren when of full age (my son John and my daughter Elizabeth Petterson(Patterson) excepted) one horse, saddle, and
bridle of the value of fifty dollars.
Tenth: I give and devise to my granddaughter Elizabeth Walker the sum of fifteen dollars to be paid at the discretion of my executors on hercoming of age.
Eleventh: I give and devise to my son Johnthe sum of fifty dollars in trust for the sole use and separate benefit of mydaughter Elizabeth Patterson and her children, to be laid out by him in mannerand applied by him in such a way as he may think best for her and them.Twelfth: I give and devise to the Reverend Wm. M. Green, in trust for thebenefit of the Protestant Episcopal Church in this state, the sum of twentyfive dollars.
Thirteenth: After taking out a year'ssupport for my wife and family, I devise that the balance of my personalproperty, not herein otherwise disposed of, be sold and the money arisingtherefrom be applied to the payments of debts and legacies, and the residue beequally divided among and between my wife and children, except Elizabeth Patterson for whom I intend nofurther provision than that which is intended in the devise to my son John intrust for her benefit. I appoint my sons John and William executors of this mylast will and testament.
In testimony of all which I have hereuntoset my hand and seal, this sixth day
ofFebruary A.D. 1826.
Signature:
His
Robert X Walker (Seal)
Mark
(X is his mark, not middle initial)
Signed sealed and published in thepresence of:
Wm. B. Jameson
Ezekiel Laws
November 1826 Term of Court, John Walkerwas appointed Guardian to Robert,
Phillip, George, Polly and Peggy Walker,infant orphans of Robert Walker,
deceased, who entered into bond with Wm.B. Jameson and Wm. Nichols, securities,
inthe sum of one thousand dollars.
Transcribed by: Latham Mark Phelps 2003