Will of Elisabeth Waugh- 13 Nov. 1854
I Elisabeth Waugh of the County of Forsyth & State of North Carolina being of sound mind & memory - but considering the certainty of
death & uncertainty thereof do make & declare this my last will and testament in manner & form as follows--- that is to say my body I
commend to the earth to be interred in a becoming manner and my Immortal Spirit to God who gave it. In regard to my worldly substance it
is my will l& desire that it be disposed of as follows to wit;
Item I-- I give and bequeath to my daughter Susan L. Webb all those negroes - children of Molly & Patience not named in my husband’s will
to wit: Lucy & her two children Laura & Middleton- Charlotte & her two children Andrew & Adolphus - Henry- Amanda & Nelson & their
children to dispose of as she may think just & property and moreoever give & bequeath to her one fourth of my negroes & their children or
instead thereof their valuation in money to be divided, or paid for, as more fully will appear in Item VII - also one bed & furniture-
Item II-- I give & bequeath to my son Jesse A. Waugh in Trust for the sole use & benefit of the children of my deceased daughter Elvia A.
Courts, namely Mary, James, George, Julia & Elvia Allen, one fourth of my negroes & their children; or instead thereof their valuation in
money, to be divided or paid for as will more fully be seen in Item VII.
Item III-- I give & bequeath to my son Jesse A. Waugh in Trust for the sole use & benefit of the children of my deceased daughter Mary M.
Waugh, namely James, Samuel, Susan & Victoria - all those negroes, the children of Nelly (not named in my husband’s Will) to wit: Sultana
& her child Bill- Lucy & her child & their children to be held by said Trustee until the youngest legatee or heir arrives to twenty three years
of age if in his judgment it would be to the interest of said legates or heirs and after that time to be equally divided among them;
furthermore, I give & bequeath to said children one fourth of my negroes & their children, or instead thereof their valuation in money to be
divided or paid for as will more fully be seen in Item VII.
Item IV-- I give & bequeath to my grandson Samuel A. Waugh in addition to bequest in Item III, a negro girl 8 or 10 years of age to be
purchased by my Executor (after division of slaves as directed in Item VII) and paid for from means coming into his hands from my estate.
Item V-- I give & bequeath to my grand daughter Susan E. Waugh in addition to bequest above Item III, my gold watch & one bed &
furniture-- To my grand daughter Victoria M. Waugh I give & bequeath one bed & furniture.
Item VI-- I give & bequeath to my son Jesse A. Waugh one fourth of my negroes & their children
also whatever monies I may have on hand at the time of my death & all my gold & silver plate- four beds & furniture - Household & kitchen
furniture not otherwise disposed of - furthermore I release & acquit him of the payment of all claims & debts that I have or may have against
him either in Law or Equity. It is my will & desire that he receive from my Estate, one hundred Dollars per annum, in addition to amount
above from January 1845 to the time of my death, for services in superintending my business.
Item VII-- It is my will & desire that my negroes shall not be divided till the expiration of sixteen years after my death and I hereby invest my
Executor with full discretionary power to manage them in such manner as he may Judge will enhance their value either by hiring out such
ones as will command fair prices, or putting some to learn mechanical trades- or working them on a plantation. And such of them as the old
and young unable to support themselves by labor, it is my desire should be cared for by my Executor; and all expenses which he may incur
thereby shall at the end of each year be defrayed out of the wages of those able to work. Again at the end of sixteen years from my death,
it is my will & desire that my negroes shall be valued by disinterested persons at such ____ prices as a prudent man would pay for slaves to
be employed in this section of the State. In order to keep them together, that they may not be separated after sixteen years my son J.A.
Waugh shall have the option & privilege of paying in money to the several heirs or legatees the assessed valuation of said negroes after
deducting all expenses & charges he may have incurred as Executor on their account. It is my desire & will that my trusty servant Sultana
may be permitted to choose a home & live with any one of the family she prefers, without using harsh treatment toward her and in the
division not to be taken in the valuation of the negroes.
VIII-- It is my will & desire that my Town lots in Waughtown & other lands be sold or rented whenever my Executor may deem it advisable.
All debts coming to me collected - all honest claims against me to be paid. And if there should remain a surplus over & above after paying
off my debts; expenses & legacies such surplus to be paid over to my son Jesse A. Waugh & daughter Susan L. Webb & to my son in Trust
for my grand children, the children of Eliva A. Courts & Mary M. Waugh in the same proportion the negroes are to be divided without regard
to Item IV. And it is my will for his services that my son Jesse A. Waugh receive fifty Dollars per annum, till the division of the negroes. And
lastly I do hereby constitute & appoint my affectionate son Jesse A. Waugh my lawful & sole Executor to all intents & purposes to executor
this my last Will & Testament, according to the true intent & meaning of the same & every part & clause thereof; hereby revoking &
declaring utterly void all other wills & Testaments by me heretofore made (Interlined before signed)? In witness whereof I the said Elisabeth
Waugh do hereunto set my hand & seal this thirteenth day of November A.D. 1854.
Elizabeth Waugh (seal)
Signed, sealed, published & declared by the said Elisabeth Waugh to be her last will & Testament in the presence of us, who at her request
& in her presence do subscribe our names as witnesses thereto.
J.M. Vawter
Geo. Mock
State of North Carolina ) Court of Pleas & quarter Session Sept. Term 1857
Forsyth County )
The last will & Testament of Elizabeth Waugh is produced in open courts by Jesse A. Waugh the Executor therein named & execution of the
same is duly proven in open court by the oaths of George Mock & J.M. Vawter, the subscribing witnesses thereto-- it is ordered by the court
that the same be recorded & filed whereupon Jesse A. Waugh duly qualified as Executor by taking the oath of office.
A.J. Stafford CCC
Will probated Sept. 1857
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Will of James Waugh
17 October 1842 December Term 1844 Stokes County
page 181
Abstracted:
Daughter Susan L. Webb and her children: Slaves I let her have at her marriage: Molly, Jim, Patience and her two children Sidney and
Betsy Ann: also 10 shares Capitol stock Bank Cape Fear; if Susan remarried, property held in trust by my son, Jesse A. for her children.
Daughter Eliza Courts and her children, slaves given her at her marriage, Chiney and her children Alleck and Bill; also 10 share in Cape
Fear Bank, at her death in trust by Jesse A. for her children. Son Jesse A. in trust for use of children of my deceased daughter Mary M.
Waugh: James, Samuel, Susan and Victoria, slaves let Mary have at her marriage: Nelly and Beven 10 shares of Cape Fear Stock. Son
Jesse A. in addition to what he already has received all lotts with their improvements in Wilkesboro, Wilkes County, North Carolina, all notes
and bonds I hold on him; 10 shares Stock Bank Cape Fear. Wife Eliza, residue my property; if she remarries, she is to have only 1/5 part;
the 4/5 to my three children and children of my deceased daughter Mary.
Executors: Wife Eliza Waugh and son Jesse A. Waugh
Witnesses: George Mock and Jacob Forguson
Signed: James Waugh.
WILLS OF THE WAUGH FAMILY
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