Will of Henry Evans

Will of Henry Evans – 1815

Orange County, NC, Will Book D, Page 427-429

In the name of God, Amen. I HENRY EVANS of Orange County and State of North Carolina being sick and weak in Body but of perfect soundness of mind & memory. Thanks be to Almighty God And knowing the mortality of my body, and that it is appointed unto all men to die, I do make constitute & ordain this my last Will & Testament in manner & form following, Viz;

First & principally, I recommend my Soul to God who gave it and my Body to be decently buried at the discretion of my friends & Executors trusting through the merits of my Saviour Jesus Christ for a Joyful resurrection at the last day. And as touching such Worldly Estate as it has pleased God to bless me with in this life I give devise and dispose of as follows

Item. I lend to my beloved wife ELIZABETH EVANS during her lifetime or widowhood one Negro Woman and Child namely SYLVIA & KIMBRO also three feather beds with all my Household & kitchen furniture, also one Mare & Colt, also as many of my Hogs as my Executors shall think proper for her use, also four head of Sheep, also three head of Cattle, also as much corn fodder as my Executors shall think is sufficient, also one hundred Acres of Land lying in Wake County to live on if she pleases if not to be rented by my Executors and money arising, therefrom to go to the support of my Wife and family. Also it is my Will that my Negro man GABRIEL be hired out by my Executors. Also it is my Will that my pocket Watch, and one Hourse and four head of Sheep and the balance of my Hogs and Corn & fodder be sold. Also it is my will that if the child my wife is big with should be a girl, it shall be entitled to one third part of Estate except my Land, and if it should be a boy it is entitled to one half of my Estate except my Land. Also I give to my beloved son ASA one hundred acres of Land lying in Wake County, also half of my other Estate. It is my Will that my son ASA be put to school at nine years old and kept at School till he is fourteen years old, then to be bound to some trade trade as my Executors shall think most profitable for five years. It is my will that the other two minor years he be kept at his Trade or School as my Executors shall think most proper. Also it is my Will that if the Child my Wife is big with should be a boy, that it be schooled and bound to some Trade the same as my son ASA, and if it should be a girl, it shall have such schooling as my Executors shall think best and to continue with her mother, also it is my Will that ARCHELUS M. THOMPSON be sent to school Eighteen Months also that the said ARCHELUS M. THOMPSON continue with my wife if they can agree, and if not that he be hired out by my Executors till he is twenty one years of age. Also I give to said ARCHELUS M. THOMPSON twenty five pounds. It is my will that all my just debts be paid first out of the notes that is now on hand, and all the rest of my money to be put out on Interest for the use of my children. My will is that when my children comes of age that all the money that the Executors has on hand at that time, and GABRIEL be divided as before mentioned. Also my Will is that my Negro Woman SYLVIA & KIMBRO and her increase if any and all the property I left my Wife shall be divided between the children as before mentioned after my Wife’s death or Widowhood.

Furthermore I do hereby nominate & appoint my trusty friends CHESLEY P. PATTERSON, WILLIAM RHODES & BENJAMIN RHODES Executors to this my last Will & Testament. In witness whereof I have here unto set my Hand and Seal the twentieth day of September in the year of Our Lord One thousand Eight hundred & fourteen.

HENRY EVANS

Test

JOHN RHODES

THOMAS HUTCHINGS (“X” his mark)

Orange County February Term 1815

The Executors of the foregoing last Will and Testament of HENRY EVANS dec’d was duly proved in open Court by the oath of JOHN RHODES & THOMAS HUTCHINGS subscribing witnesses thereto and ordered to be recorded, at the same time CHESLEY P. PATTERSON one of the Executors therein named qualified.

====================================================================

(Father-in-law of Henry Evans)

Orange County, NC, Will Book E, Pg. 13

Will of Moses Hutchins, 1813

In the name of God Amen. I MOSES HUTCHINS of the State of North Carolina , County of Orange being of perfect mind & memory do make & ordain this my last Will & Testament & after recommending my soul to Almighty God who gave it & my body to be buried in a decent & Christian like manner I give bequeath to dispose of my worldly goods in the following manner,

Viz: Item to my son THOMAS HUTCHINS I give & bequeath all & singular my real Estate including the plantation on which I now live to him & his heirs forever & to be entitled to the possession thereof immediately after my death.

And my further will & desire is is that after all my just debts are paid which is to be made out of the moveables or perishable part of my property so as not to infringe on the Land the balance or residue that shall then remain, it is my will & desire that be equally divided between my four Daughters – Viz NELLY HERNDON, HANNAH HERNDON, ELIZABETH EVANS & PEGGY TURNER to them & their lawful heirs – to be distributed among them as early after my decease as circumstances will admit & I do hereby nominate & appoint my son THOMAS HUTCHINS & C. P. PATTERSON Executors together with WILLIAM TRICE to this my last will & testament & revoking all others whereunto I have set my hand & affixed my seal this 8th day of March in the year of our Lord 1813.

MOSES HUTCHINS (“X” his mark)

Test

C. P. PATTERSON

SARAH PATTERSON, Jurat

Orange County, May Term 1822

The Execution of the foregoing last Will & Testament of MOSES HUTCHINS was duly proved in open Court by the oath of SARAH PATTERSON a subscribing Witness thereto ordained to be recorded.

Test.

===================================================================

Note: HENRY EVANS, b. abt 1781, was the son of Gilbert Evans & Phoebe Lumley of Wake County. He was married 1st to Martha Phillips, and 2nd to Elizabeth Hutchins. He and Elizabeth had 1 child, Asa H. Evans, since the other child mentioned in Henry’s will who was unborn at the time of his death, apparently did not survive. Elizabeth remarried to Andrew Cole in 1817, and they moved to Weakly County, TN. Asa married Elizabeth Jenkins in 1826 Wake County, but he died sometime early in 1837, after having 3 children with Elizabeth - Joel, William and Nancy Evans. Elizabeth remarried to Thomas Copeland, black or mulatto, of Wake Co. in October 1837. While Asa's parents were listed as "white", the JENKINS family was black or mulatto, as well as his and Elizabeth's children. This EVANS family was most often listed as "white", however, they were obviously a mixed race family since some members of the same family were also clearly indicated as "free persons of color" from very early on.

More on the genealogy and family of Henry Evans can be read here

See also Wake County Evans Deeds