[Will of William Henry Whitted, 29 July 1824] [Orange Co. NC Wills] [provided by Beverly White] William Henry Whitted - 29 July 1824 I William Henry Whitted of the town of Hillsborough in North Carolina do make & publish this writing as my last will & testament.___ In the first place I direct all my just debts to be speedily paid out of my personal estate not herein specifically bequeathed. - Secondly, I give to my sister Eliza Jane Murphy my old family servant Will whom I bought at the sale of my mother's estate. -- Thirdly I give devise & bequeath to my wife Frances Whitted on equal half part of the whole of my estate, both real & personal after the payment of my debts; .. to her, her heirs, Executor of ..founded ....I give devise & bequeath to each child or children as I may have by said wife & leave living at my death or that may be born within the natural line of gestation after my death the other part of my estate, real & personal, after the payment of my debts to him, her or them and his, her or their heirs, executors ..... & forever. Fifthly, in case, however that no child should be born to me by my wife or if born he or she should die before me, my will is to give ..&.. I do hereby give & bequeath to my said wife in addition to the devise in the third clause of this will the following eight negro slaves, which I got by her,.....Charles & his wife Esther Charity ... Thomas, Delia, William & John & the increase of these my lifetime after the date of this will, and further in that case, I will devise & bequeath that half of my estate be given to my children by this fourth clause in this will excepting the half of the eight slaves specifically given herein to my wife....unto my sister Eliza Jane Murphy & unto my brother James' children, William Nash Whitted & Thomasina Mary Whitted their heirs to be divided in the manner following that is to say, my sister to have one half of it & my nephew & niece the other half between them share & share alike. Sixthly and in case I should have a child or children born unto me as aforesaid that shall survive me or be born after I am dead, then my will in that if there be two of them & one shall die under the age of twenty one years & without having a child living at his or her death the share of that one so dying shall go over to the survivor of them in absolute estate & further my will is that if I should have only one child as aforesaid & that one shall die after my death under the age of twenty one years & without leaving ... at his or her death; or if I have more than one child as aforesaid & all of them shall die under the age of twenty one years respectively & without having ....living...at his, her or their death as aforesaid, then if in these cases or within .... I give devise & bequeath the whole one half of my estate give by the fourth clause of this my will to my child or children unto my said sister Elize Jane & the said William Nash & Thomasina Mary than heirs of .... to be divided as aforesaid that is to say, my sister to have one half thereof to her & her heirs & my brother's two children to have the other half equally between them share & share alike: --- and it may be necessary to a just & equitable division of my estate that the same may be sold I do hereby give full power & authority to my executor to do in his own discretion & to convey the real estate in ...simple. I appoint my friend Dr. James Webb of Hillsboro the executor of this will; and in care of his death I do hereby appoint the excutor or executors of his will to execute the trust of this will & particularly in relation to the sale of my said estate. In witness whereof I have hereunto set my hand this 29th day of July 1824 in .... publish & declared by W.H. Whitted .....in ... before us, who attested it in this presence of him & of each other____ Thomas Ruffin James Child Codicil I give & bequeath to my wife Francis Whitted in addition to my other bequests five hundred dollars in money and my two bay horses to her & her heirs - witness my hand & seal December 8th 1824 Witness W. H. Whitted {seal} James Webb John ......... Orange County February term 1825 The executor of the foregoing last will and testament of William Henry Whitted was duly proved in open court by the oath of James Child & the codicil thereto subjoined by the oath of John .... two descriptive subscribers thereto ordered to be recorded at the same and said Webb the executor therein named qualified as such accordingly. [end of record]