The Cagle Wills
Below are several wills that I have collected with the of CAGLES and have transcribed to the best of my ability. This is a work in progress and will be added to as time permits. If you need to contact me, please send email to firstname.lastname@example.org
|Benjamin CAGLE Will|
In the name of God Amen. I Benjamin CAGLE Sr. of the County of Stanly and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and publish this my last Will & testament in manner and form following that is to say- First, that my executors hereinafter mentioned shall provide for my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral expenses together with all my just debts however and to whomsoever oweing out fo the monies that may first come into his hands as a part or parcel of my estate. Item 1st- My wish and desire is that all my estate both Real and personal be kept together on the premises for the support of my beloved wife and children and for the raising of my children and slaves and for the purpose that my children be taught a good english educationand that my two daughters Sarah CAGLE and Adaline CAGLE that one now of age but living with me be and continue on the premises and have the same rights and priveleges as they now have and to be supported as tehy now and during the time they or either of them shall live single nad if they marry this privelege then shall cease- Also my beloved wife to continue on the premises occupying and enjoying all the rights and privieges of the possession together with my children during her natural life of widowhood, and if she should marry then said privilege to cease and shall thereinafter make, provision for my beloved wife and children, Viz. Item 2nd, My wish and desire is that my daughter Elizabeth FINCH deceased law heir of her body, viz. Linsey F. FINCH, have in propert to be valued by two disinterested parties the sum of twenty five dollars, also, Wellington FINCH to have in property Twenty five dollars to be valued as the other lot, as there may not be money on hand sufficient to pay them and the above amount to be there portion besides what I have heretofore gave off to their mother. Item 3rd. My wish and desire is that my daughter Mary MAUDLIN deceased, lawful heir of her body, Viz. Rebecca, Martha, Mary and James E. MAUDLIN have a certain yellow Girl named Annessce(sp) to be equally divided between them and that to be their portion except what I have heretofore gave to their mother- Item 4th My will and desire is that my daughter Nancy ROWLAND deceased the lawful heir of her body viz. John BAND Green D. ROWLAND have one hundred dollars to be equally divided between them in property to be valued by two disinterested persons if there should not be money on hand sufficient provded they come after it, and this to be their portion except what their mother has already had - Item 5th My wish and desire is that my Granddaughter Jthanen(sp) CAGLE daughter of James CAGLE deceased have the place known as my old place it the all the land lying and being in the county of Stanly and State of North Carolina and adjoining the lands of David COBLE deceased and a tract known as the WHITFEILD tract on the east side of big Long Creek and my own on its West side it being all the lands that I am now sized and possessed of on the east side of S?id Creek below the mouth of the Steep hollow to be her right & ? also one Negro girl by the name of Olive, on feather Bed and furniture and this to be her portion besides what I heretofore gave off to her father. Item 6 - My wish and desire is that the lawful heir of my son Lindrey F. CAGLE deceased have one Negro Man by the name of BOB and a Girl by the name of EMELINE together with what I have heretofore with what I have heretofore given to their father, except what I hereinafter mention to be their portion of my estate. Item 7 - My wish and desire is that my daughter Catharine EFORD have two negroes one by the name of ONEY(sp) the other SINA, which said Negroes I have give unto her possession also the balance of what I have heretofore gave off to her to be her proportions of my estate. Item 8.- My wish and desire is that my daughter Susannah PERRY (sp) have a certain tract of land called the ROSSER land it being a part of my old place and bounded by Long Creek as a dividing line between Jthamen (sp) and Susannah and bounded by John COBLE it being the land on the West side of said creek, it being all the lands that I am possessed of on teh West side of said creek below John COLBY to be hers and hers forever - also a Negro Girl by the name of FANNY which she now has in her possession together with what I have heretofore of to be her protion of my estate.- Item 9.- My wish and desire is that my daughter Sarah CAGLE have one Negro Girl by the name of CATY and her increase and provided she should marry and be to housekeeping to have another Negro to be worth two hundred & fifty dollars together with what property that is now claimed by her and called hers and she is to have the same for her portion. - Item 10. My wish and desire is that my daughter Adaline CAGLE have a Negro Girl by the name RACHAEL and her increase and if she should marry and leave then to have another Negro to be worth two hundred & fifty dollars together with all the property here now claimed by her and called hers to be her portion - Item 11 - My Wish and desire is that if my beloved wife Judith CAGLE should at any time after my death then be proper to marry and should marry, then her right in the first Item to cease and to have no longer possession of the premises but in that case to have all her clothing and chest, bed, and furniture and a common set of table Ware and one Cow and Calf and her Side Saddle this to be her and at her disposal forever and I also loan her one Negro Girl by the name of CHANEY to wiat on her during her natrual life and not to be allowed to remove the said Negro out of the County of Stanly and provided she cannot keep and control the said Negro to return her back on the premises - Item 12. My wish and desire is tha tthe heirs of my son Lindsey F. CAGLE have and possess enjoy one half of the Grist and Saw Mill so long as they may be kept up and hat they Mills be kept up by my newphews and such of them only as are in possession of my home lands and premises and by the heirs of Lindsey F. CAGLE decd and for the expenses to be as near eqaully divided divided as possible- Item 13- My wish and desire is that my three youngest children viz., Rebecca, Martha, and David CAGLE have the balance of my estate not otherwise disposed of and for the same to be equal in valuation between the three named children, David to have the lands whereupon I now live and the girl to have equal in valuation of other property so as to make them eqaul with the lands but for the girls to have an equal interest in the Mills with David as long as they continue to bear an equal part in keeping Item up, share and share about and provided the ? one or both should marry that my executor give off same portion of property to them by valuation so as to fit them for housekeeping and that no division shall be fully made til my son David be of full age, and of any of my negroes cannot be controled by the family for the same to be taken and hired out or sold to the best advantage to the estate, and should there be any property or increase of property likely to waste and not needed by the family, the same to be sold to the best advantage by my executor - Item 14. and lastely I do hereby consitute and appoint my trusty friend Solomon HATHCOCK & David KINDALL my executors and Judith CAGLE my executrix to be my lawful executor and executrix to all intents and purposes to execute this my last Will & testament accordign to the true intent and meaning of the same and every part and clause thereof - hereby revoling and declaring uterly void all other Wills & Testaments by me heretofore made. In Witness whereof I the said Benjamin CAGLE do hereunto set my hand and seal this 12th day of November 1842. Signed Sealed published and declared by the said Benjamin CAGLE to be his last Will & Testament} Benjamin CAGLE (Seal) In presence of us, Newton HOWELL, Green PALMER, Daniel MOORE. North Carolina Stanly County} February Sessions 1843} Then the foregoing last Will & Testament of Benjamin CAGLE deceased was brought into open court and duly proven by the oath of Newton HOWELL, Green PALMER & Daniel MOORE the subscribing witnesses. The said will & testament was admitted to probate and ordered to be recorded. D. HEARNE Clk.
|George CAGLE Will|
State of N.C. Stanly County. I, George CAGLE of the county of Stanly and State of North Carolina Being of sound mind and memory but sonsidering the uncertainty of my earthly existance do make and decalre this my last will and testament in manner and form following: that is to say, first, that my Executor herein after named shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my just debt, howsoever and to whomsoever owing out of the moneys that may first come into their hands as a part or parcel of my estate. Item I give and devise to my eldest daughter mary LONG a part of the land I now live on to have and to hold to her and her heirs in fee simple forever that is to say: Beginning at a stake on the West side of the mill branch and runs East to a rock, fromt eh rock to the other line where is crosses the said branch. Item I give and devise to my daugher Sary all the balance of the tract of land i know live on to have and to hold to her and her heirs in fee simple forever. Item I give and bequeath to my eldest daughter Mary LONG one cow and calf the second choice. Item I give and bequeath to my daughter Sary two cows and calves her first and third choice. Item I give and bequeath to my daughter Sary four head of sheep her choice. Item I give and bequeath my daughter Sary one Sorrel Mare about five years old, saddle and bridle to have and to hold to her and her heirs in fee simple absolutely forever Item I give and bequeath to my son Harwood the sum of ten dollars to be paid by my Executors herein after named in the same manner as the cash bequest and is maid under the same views in reference to the former advancements. Item I give and bequeath to my daughter Catharine the sum of one dollar as her rite and property forever to be paid by my Executors in the same manner as the last bequest and is maid under the same views in refference to the former advancements. Item I give and bequeath to my daughter Elizabeth heirs Adam W. HUNNYCUTT and Eli B. HUNNYCUTT five dollars each to be paid by my executors herein after named within two years from my death belonging to my estate not otherwise disposed of. Item my Will and desire is that all the resudue be sold by my executors herein after named or they may keep the property and pay of the legatees at their option or whatsoever monies ariving to me and pay of all debts that I may owe. And lastly I do hereby constitute and appoint my trusty friends that is to say my two daughters Mary and Sarah to be my lawful executors to all intents and purposes to execute this my last will and Testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testamenets by me heretofore made in witness whereof I the said George CAGLE do hereunto set my hand and seal this 23rd day of December A.D. 1850 Signed sealed published and declared by the said George CAGLE to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto. Matthias FURR, Solomon (unreadable), George CAGLE (Seal) North Carolina, Stanly County} May Sessions 1851. Then this will and testament was duly proved in open court by the oath of Mathhias FURR one of the subscribing witnesses thereto and ordered to be recorded. R. HARRIS, Clk.
To Be Continued....
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