The Will of Hezekiah Henderson

    The following information is transcribed from documents obtained from the North Carolina State Archives. Where I could not be certain of a word I placed a (?) beside the word. Where I could not decipher the handwriting I placed a ______ in the text. Every attempt was made to leave words spelled as they were written. When that spelling is clearly wrong I placed (sic) next to the word.

    The Will of Hezekiah Henderson

    Chatham County,
    North Carolina

    In the name of God, Amen, I, Hezekiah Henderson of the County of Chatham, and State of North Carolina, being of sound mind, do make, publish and declare this to be my last Will and Testament as follows.

    Item 1 That my Executor hereinafter named shall provide for my body a decent burial, suitable to the wishes of my relatives and friends.
    Item 2nd That my Executors hereinafter named shall pay all my just debts out of the first moneys that shall come into their hands.
    Item 3rd I give, devine and bequeath to my faithful and beloved wife, Anne, all of my real estate, and so much of the stock, crop, provisions, on hand and household and kitchen furniture as she may elect to retain for the time or term of her natural life.
    Item 4th After the death of my wife, Anne, I give the real estate hereinbefore bequeathed to her, during her natural life, to be equally divided, share and share alike, between my daughters Isabella wife of John H. Dark, Ruth wife of Dr. A. I. H. Lutterloh and Caroline wife of Osage Lutterloh and if my said daughter Caroline shall die without issue surviving of her body, then the share of my real estate herein derized(?) to her shall be divided equally between my said daughter Isabella and my said daughter Ruth or to their legal heirs of my said daughters Isabella and Ruth.
    Item 5th I give and bequeath to Isabella George one bed, stead and furniture and ten dollars in cash to be paid to her by my executors hereinafter named.
    Item 6th Such of my stock, crop, provisions, farming utensils and household and kitchen furniture, as my wife Anne may not elect to have, and such as may be left at my wife's death, shall be sold by my executors and the proceeds after payment of my just debts; to be divided equally between my daughters; Isabella, Ruth, Caroline, Bettie Straughan [the last name is added above the line with a caret] and Rachel Perry.
    Item 7 I hereby authorize and appoint my executors to carry on and continue the business of H. Henderson & Co both in the tan yard and store if they shall see fit or to sell my interest in the same if they may deem proper and if they shall elect to carry on said business, then the profits arising from said business and my share of the debts due said firm of H. Henderson & Co. shall be equally divided between my said daughters; Isabella, Ruth, Caroline, Bettie and Rachel, or to their legal representatives; but and if my said executors shall elect to sell my said interest in the co-partnership of H. Henderson & Co including store and tan yard, then the proceeds arising from the said sale, as well as the debts due said firm for existing(?) stock(?) stock on hand shall be equally divided between my said daughters; Isabella. Ruth, Caroline, Bettie and Rachel or their legal representatives
    Item 8th I hereby nominate constitute and appoint my sons in law John H. Dark and Dr. A. I. H. Lutterloh executors of this my last Will and Testament;
    In Witness Whereof, I have hereunto set my hand and seal this 25th day of January, 1876.
    (signed) H. Henderson (seal)
    Signed, sealed, published and declared by H. Henderson in our presence to be his last Will &
    Testament. And we, at his request, in his presence and in the presence of each other, subscribe
    our names as witnesses thereto the 25th Jan. 1876
    (signed) H. Henderson, Jr.
    (signed) S. Bunton

    Codicil to the will

    I H. Henderson of Chatham County, N.C. add this codicil to my will -- Whence in the purchase of the Sun Spring tract of land by me and conveyed by me by deed of worries(?) and seizes to A. I. H. Lutterloh and H.P. Straughan my sons in law, there is a dispute(?) of title viz certain outstanding interests in the heirs of Wm B. U_____. Now I do by this codicil change the portion of my daughter Bettie Straughan with the payment of whatever sum or sums the said A. I. H. Lutterloh or myself or my estate may have to pay for the purchase of said outstanding interests - and said sum or sums are to be paid by my said daughter Bettie or her heirs to the said A. I. H. Lutterloh and to my executors before she the said Bettie and her heirs are entitled to any share of my estate under my will to which this is a codicil. I witness whereof I have hereunto set my hand and seal this 20th day of May 1876

    (signed) H. Henderson (seal)
    signed, sealed, published
    and declared by H. Henderson
    in our presence to be a codicil to his will
    and in at his request, in his presence, and in the presence
    of each other subscribe our names as witnesses thereto
    (signed) H. Henderson, Jr.
    (signed) S. Bunton

    Chatham County: -- In the Probate Court

    IN THE MATTER OF THE WILL OF                  Before Wm. F. Foushee
    Hezekiah Henderson                  Judge of Probate.

    A. I. H. Lutterloh being sworn doth say:
    That Hezekiah Henderson, late of said County, is dead, having first made and published his last Will and Testament; and the John Dark & A. I. H. Lutterloh are the executor (sic) named therein.

    Further, that the property of the said H. Henderson, consisting of a tract of land kline(?) 3 to 2400(?) acres, 1/3rd is least (sic) in the tan yard and store, Household and kitchen furniture, stock cost(?) -- is worth about $2000.00 so far as can be ascertained at the date of this application; and that Ruth Lutterloh, Caroline Lutterloh, Rachel Perry, Isabella Dark, Elizabeth Straughan and Isabella George all of full(?) age and residing in Chatham County NC, are the parties entitled under said will to the said property.

    (signed) A. I. H. Lutterloh
    Sworn to and subscribed before me,
    this 7th day of August 1877
    (signed) Wm. F. Foushee
                         Probate Judge

    Proof of the will

    North Carolina                  Probate Court
    Chatham County                  August 7, 1877

    A paper purporting to be the last will and testament of Hezekiah Henderson deceased is exhibited before me, the undersigned, Judge of Probate for said County - by A. J. H. Lutterloh and John H. Dark - the executors therein named and the due executors thereof by the said Hezekiah Henderson was proved by the oath and examination of H. Henderson Jr and S. Bunton the subscribing witnesses thereto: who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him, purporting to be the last will and Testament of H. Henderson, that said H. Henderson in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid and which has dates of the 25 day of January 1876 and to the codicil to said will which has date of the 2nd day of May 1876.

    And the deponent partties (sic) saith that this said H. Henderson the testator aforesaid did at the time of subscribing his name as aforesaid to said will and codicil declare the said writings so subscribed by him and exhibited to be his last will and Testament, and these deponents did thereupon subscribe their names to the end of said will and codicil as an attesting witness thereto, and at the request and in the presence of the said testator, and these deponent partties (sic) say that at the said time when the said Testator subscribed his name to the last will and codicil, as aforesaid, and at the time of the deponents subscribing their names as attesting witnesses to said will and codicil, as aforesaid, the said H. Henderson was of sound mind and memory, of full age to execute a will and was not under any restraint to the knowledge information or belief of the deponent. And further these deponents say not.

    (signed) H. Henderson (seal)
    (signed) S. Bunton (seal)
    Sinsraly(?) sworn and subscribed
    this 7th day of August 1877 before me
    (signed) Wm. F. Foushee
                         Probate Judge

    Oath of John Dark

    North Carolina                  Probate Court
    Chatham County                  Before W. F. Foushee
                         Judge of Probate
    August 7, 1877

    In the matter of the
    will of H. Henderson.

    To all whom it may concern know ye that I John H. Dark of the County of Chatham and state of North Carolina one of the executors named in said will do hereby come in to court and [a]nnounce my ________ as executor of said will

    (signed) John H. Dark
    Witness
    Wm. F. Foushee CSC

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