Last Will And Testament of Robert Walker

Orange County, North Carolina

February 6th 1826

In the name of God, Amen! I, Robert Walker, of Orange County, North Carolina, do make and ordain this instrument to be my last will and testament, Viz:

In the first place: I direct my executors to pay all debts that I may justly owe at the time of my death.

Second: I give to my wife, Eleanor, during her life one hundred acres of land lying on the east side of the Black Jack branch, to be laid out in such a manner as to include the dwelling house, out houses, orchards, etc. One Negro girl named Cynthia. All the house and kitchen furniture, two work horses, two pair of gear, two ploughs, two hoes, two axes, four head of milch cows, and all the field hogs.

Third: I direct that the property hereby devised to my wife for life, be sold by my executors (the land excepted) after her death and the money arising from such sale to be equally divided amoung my children living at the time of her death, except my daughter Elizabeth Petterson (Patterson), whom I expressly exclude from any part thereof.

Forth: I give and devise to my sons, John and William Walker, the land lying on

the west side of the Black Jack branch, to be equally divided between them. But from this devise, so much land to be taken as will with the land on the south acres, to be made up in the manner before mentioned, I give and devise to my sons: John, William, Robert, and Phillip as tenants in common for the erection thereon of a water grist mill for the use of my said sons jointly and their joint heirs.

Fifth: I give and devise to my sons Robert and Phillip, all the lands on the east side of the Black Jack branch remaining after taking out the part devised to my wife for her life, to be equally divided between them.

Sixth: I give and devise to my son George W. Walker, the land and appurtenances

devised to my wife for life, after her death. I direct likewise in case that my said son should die before his arrival at full age, that the land devised to him should be equally divided among my other four sons or the survivors of them Should my son George arrive of age in his mother's lifetime, I direct that he have the use of such part of the plantation as she can conveniently spare him Should my wife die before George comes of age, I direct my daughter Sally have the use of the land devised to George until he comes of age.

Seventh: I give and devise to my daughters Sally and Peggy Jane (and Polly)

three hundred acres of land on the waters of Flat river, to be equally divided between them.

Eighth: I give and devise to my daughter Sally, one bed and furniture and stand

of drawers and the sum of fifty dollars in money, exclusive of her share of my estate after her mother's death as herein above directed.

Ninth: I give and devise to each of my children 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 grand daughter Elizabeth Walker the sum of fifteen dollars to be paid at the discretion of my executors on her coming of age.

Eleventh: I give and devise to my son John the sum of fifty dollars in trust for the sole use and separate benefit of my daughter Elizabeth Patterson and her children, to be laid out by him in manner and 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 the benefit of the Protestant Episcopal Church in this state, the sum of twenty five dollars.

Thirteenth: After taking out a year's support for my wife and family, I devise that the balance of my personal property, not herein otherwise disposed of, be sold and the money arising therefrom be applied to the payments of debts and legacies, and the residue be equally divided among and between my wife and children, except Elizabeth Patterson for whom I intend no further provision than that which is intended in the devise to my son John in trust for her benefit. I appoint my sons John and William executors of this my last will and testament.

In testimony of all which I have hereunto set my hand and seal, this sixth day

of February A.D. 1826.

Signature:

His

Robert X Walker (Seal)

Mark

(X is his mark, not middle initial)

Signed sealed and published in the presence of:

Wm. B. Jameson

Ezekiel Laws

November 1826 Term of Court, John Walker was 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,

in the sum of one thousand dollars.

Transcribed by: Latham Mark Phelps 2003