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Re: William Pace Jr. 10-10-1745 Goochland, V
Posted by: Ed Tatum (ID *****4135) Date: March 14, 2003 at 10:37:25
In Reply to: Re: William Pace Jr. 10-10-1745 Goochland, V by Gordon W. Pace of 5367

Yes, William Walker did leave a will, and there are other references linking the 3 families in that part of NC. There is some question about William's will, as I have not seen the original. One of the abstracts I've seen lists wife Jane and children William, Sukey and Winifred. The transcription below, posted by Shirley Pace Grahan on the web, varies slightly:

23 Jul 1772: "Will of William Walker Taken from a microfilm copy of Halifax County NC Wills Volumes 1and 2, GSU Film # 0019084 Volume 1 p. 327/8. Film copy is good, the handwriting is poor. I have tried to retain the form and spelling as it was recorded. Below are noted a few interesting spellings from the text. It is not clear in all cases whether el is a d or vice-versa, and there are several other questions. called looks like cold gall is used for girl or gal fore is used for the number four one looks like won Executix should read Executors [Shirley Pace Graham]. North Carolina, Halifax County, In the Name of God Amen I William Walker of this said Province and County being in perfect mind and memory blessed be god for the same - yet - ____ in Remembrance the Uncertainity of this Life __________ and that there is a time appointed for all men once to die do in Order thereunto ordain this to be my last will and Testament first and Principally I command my soul to the almighty God who gave it my body to be decently Inter'd at the at the Discretion of my Executors hereafter mentioned and as for my worldly Estate I Give devise and bequeath in manner and form following, Item. I Give and bequeath to my son Joel (or Jod?) Walker one hors(e) cold (called) Don (?) and two negroes Named Quosh and bit, Item, I Give and bequeath to my son William Walker three negroes named Lucy Ned (or Neel?) and Frank and the Plantation whereon I now live and still and my Disk? (a Desk? Dish? Dirk?) and likewise to William one Negroe Gall named Dafney and fore horses named Prince sorrel old sorrel mare and Young horse Cold cramp, Item, I give and bequeath to my Daughter Siseley Walker Two Negroes Galls named Mnear(??) and Benor(?) and won young Bone mare cold filles and the Land at the high hill as I have given her Deed for, Item, I Give and bequeath to my Daughter Winefurd Walker Fore negroes named Dick Pat and Isack and Sarah and one Sorrel Fille Item I Give and bequeath to my Granson William Hackney one negro wench named Gen, I leave all the remainder of my Estate to be sold at the highest bidder Giving six monts Credit and the money Equally divided amongst the said Children above named Lastly I nominate Constitute and appoint John Norrad my son William Walker to be whole and sole Executix of this my last Will and Testament in Testimony where into I have here set my hand and affixed my seal this twenty third Day of July Anno Domion 1772 Sign'd Seal'd Publish'd and Declared in the Presence of William (X his mark) Walker, JNO SPELL, WILLIAM WEST, JOHN PACE,(page 328) Halifax County November Court 1772 Then this Will was Exhibited in Open Court by the Executor William Walker and Duly Proved by the Oaths of John Spell and William West two of the subscribing Witnesses thereto who on their oaths Did say that they saw the Testator William Walker sign Seal Publish and Declare the same to be his last will and Testament & that they together with John Pace the Other Witness Subscribed Severallly their Respective names as witnesses thereto in the Presence of the Testator and at his Request Whereupon the Executor aforementioned was Duly Qualified & on Motion Ordered to be Recorded----------Test Jos Montford, C. Ct.


Other references:

3 Mar 1732: North Carolina. In the name of God Amen the third day of-March 1732 I William Cain Senure of Bertie Precint planter being sick and weak in body but of perfect mind and memory thanks be unto God therefore Calling unto mind the mortality of my body and knowing that it is appointed for all men to die, do make and ordain this my last will and Testament, that is to say, principally and first of all I give and recommend my Soul unto the hands of God that gave it and my body I recommend to the earth to be buried in decent ___ Buriall at the Descresion of my Executors not doubting but at the general Resurrection I shall Receive the same again by the mighty power of God and as touching such Worldly Estate wherewith it hath pleased almighty God to bless me in this life I give demise and Disposse of the same in the following manner and form. Imprimis I give and bequeath to Elizabeth Cain my Dearly beloved wife my plantation that I now live upon and half the tract of land belonging to it with all the ___ fixings? ___ and all and singular the____ _____ belonging or in any way appertaining to have and to hold occupy posses and ___ dureing her life and after her decease to my son Hardy Cain his heires or afsignes and by him freely to be possed and Secondly that the Residue of my personal Estate shall be and ___ unto the proper use and behoof of my well beloved wife Elizabeth Cain Dureing her life and after her decease or death. Thirdly It is my will and desire that my son Hardy Cain shall have my negro boy called Peter and one feat her bed and bed does and two puter (pewter) deep dishes and two puter basons and one Iron pott after his mothers death. Fourthly. It is my will and Desire that my Daughter Patience Cain should have one feather bed and bed cloes and three dishes and three puter basons and one Iron pott and three cowes and calves after her mothers death. Fifthly. It is my will and Desire that my Daughter Unis Cain should have one feather bed and bed clothes and three puter dishes and three (?) puter basons and one quart tankard and one Iron pot after her mothers death. Sixthly It is my will and desire that my son William Cain should have a certain tract or parcel of land and plantation containing two hundred & ninety acres that I purchased of William Whitehead that my son William lately lived upon by him freely to be possed and enjoyed and his heirs or assigns forever. Seventhly. It is my will and Desire that my son James Cain should have the upper part or half of my tract or parcell of land belonging to my dwelling plantation that Joyned to the plantation where my son James Cain now lives upon by him freely to be possed and enjoyed and his heirs or assigns forever. Eightly. It is my will and Desire that my Daughter Sary Cain should have my negro wench called Cate and her Increase and five cows and calves and three small puter dishes and two puter basons after her mothers death or Decease. Ninethly. It is my will and Desire that my Daughter Rachell Cain should have five cows and calves and three puter Dishes and two puter basons after her mothers Death or Decease. Lastly. It is my will and Desire that the Remainer of my estate that is left or can be found after these legases aforementioned is paid of should equally Devided amoungst all my children after my wife Death or Decease. I will and ordaine my well beloved wife Elizabeth Cain Exor of this my last will and Testament hereby Removing and Disannulling all other former wills and Testaments heretofore by me maid touching or concerning any of the within ____ ____vizt. Witnefseth whereof the said William Cain Senior have subscribed this my last will and testament with my own hand and hereunto putt my Seal the Day and year first above written. Signed Sealed by the Said William Cain Senure In the presence of us, Richard Pace Junr Jurat, William Cane. No record here of the recording. On p.137 of the Nov. 1734 Minutes of the County Court is recorded: The Inventory of the Estate of Wm. Kane was duly proved by ye oath of Elizh Drake Exrs? &c.

16 Aug 1737: Henry Walker (prect not identified) to William Walker (prect not identified) 16 Aug 1737, 100 pounds province bills, 100 acres, joining the mouth of Rocky Swamp, Richard Powell and Fishing Creek, part of a patent for 400 acres, Wit: James Thompson, James Lane [or could this be Cane??Ed], Joseph Oaks, Reg Edge Prect Aug Ct 1737, T. Kearney, D.C.Ct., L. Long C. Ct. Abstracts of Deeds: Edgecombe Precinct, Edcgcombe County, North Carolina, 1732 through 1738, Margaret
M. Hofmann.

10 Nov 1741: p 8 Thomas Drake of Edgecombe Co to John Parish of Edgecombe Co, 5 pounds current money of VA, 100 acres more or less joining the upper side of Fishing Creek all houses, orchards, gardens etc, part of 400 acres grante to Tarlon Oquin 21Nov 1739, Wit: William Whitehead, Patience Cane, [So Patience was still single??Ed]. Reg (place and date not given) Robert Forster C. Ct. Abstracts of Deeds: Edgecombe Precinct, dcgcombe County, North Carolina, 1732 through 1738, Margaret M. Hofmann.

30 Apr 1742: Henry Walker of Edge Co, planter to William Walker (co not identified) 30 Apr 1742, 100 pounds province bills, 150 acres on the north side of Fishing creek, Wit: James Cane, Walter Gibson, Reg Edge Co May Ct 1742, Robert Forster C.Ct. Abstracts of Deeds: Edgecombe Precinct, Edcgcombe County, North Carolina, 1732 through 1738, Margaret M. Hofmann.

30 Dec 1751: Edgecombe NC Deed Book 04-226, Thomas Drake to Hardy Cane for 16pds, 150ac on s side of Fishing Creek, east side of Beaver Dam Swamp, part of pat to William Walker, 1745. Wit: James Cane.

3 Mar 1761: Will of James Cain, recorded in Edgecombe Co. June 1761 in Edg. Will Bk. A, p.70 and reads: In the name of God Amen in the 23d day of March in the year of our Lord 1761 I James Cain of the county of Edgecomb being very sick and weak in body but of Perfect Mind & Memory Thanks be given to God therefore calling to mind the Mortality of my Body and knowing it is appointed for all men once to die Do make and ordain this my Last Well & Testament that is to say Principally & first of all I Recommend my Soul into the Hands of God that gave it and for my Body I Recomment it to the Earth to be Buried in a Christian Like Manner at the Descretion of my Exors Nothing Doubting but at the general Refurection I shall Receive the same again by the Mighty Power of God and as touching such wordly Estate wherewith it hath been Pleased God to Blefs me with in this Life I give Divide and Dispose of the same in the following manner & form - Item I give & Bequeath to my Daughter Deliah Cain one Negro Winch called Jive and one negro Girl called Jive & one Boy called Peter & one feather Bed & furniture & five cows & calfs & also my Bay riding Mare to be Pofsesed with at Eighteen years of age. Item To my Daughter Ponollejeh (Penelope) I give & Bequeath one Negro winch called Mayor? & one Girl called Peg & one negro girl called Dinah and one feather Bed and furniture and one Linen Wheel to be Possessed with at Eighteen year of age. Item. To my Daughter Elizabeth Cain I give and Bequeath one Negro girl called Winne & one negro Boy caled Demert? and one Feather Bed & Furniture and one Linen wheel to be possessed with at eighteen years of age. Item To my Daughter Mary Cain I give & Bequeath one Negro girl called Patt and one Negro Boy caled Jep & one feather Bed & furniture and five cows & calfs and one Linen wheel to be pofsessed with at the age of Eighteen years old. Item To my son James Cain I give & Bequeath at the plantation and Land where I now live containing Six hundred & forty acres and half of the New Survey which Land I give to him & his heirs forever and also a Negro Boy called Ben a negro man called Gery and my ___ and Walnut table and one ___ ___ Patt and one great Bible & Ten head of cattle and young mare and a feather Bed and furniture. To my Daughter Ann Cain I give & Bequeath one Negro Man called Tom and one Negro man called Mach and one feather bed & furniture & two Large Pewter Dishes and ten Head of Cattle to be possessed at the age of Eighteen years old. Item To my son Harde Cain I give & Bequeath the mill and plantation and a hundred and Sixty acres and half my new Entry to him and his heirs forever and I give man called Simon and one Negro man P____ and also ten head of cattle and one iron Pott and young mare. Item To my son Jacob Cain I give & Bequeath a plantation and tract of Land containing 200 acres lying on the beaverdam Swamp and a tract of Land in Johnson County containing 320 acres to him & his heirs forever and one Negro Boy named Jack & fifty Pounds Virginia money to Purchase a Negro. and Six Pound Virginia money to purchase him a Bed and Six Pound Virginia money to buy him some cattle and an Iron Pott and one Rifle? Gun. I have a Negro man called Samwhich if Charles Davis? .... to purchase .. money to be equally divided among my children. I likewise constitute make & ordain my Brother in law Edward Moore and my brother in law William Walker [N.B. James Cain?s wife was a Moore so William Walker must have married a Cain]. my only & sole Exors of this my Last Will & testament and I do hereby ___ Disallow revoke & disannull all and every other former Testaments wills Legacies & Exors by me in any way before ___ named will & Ratifying & Confirming this and no other to be my Last Will and Testament in witnefs whereof I have hereunto sett my hand and Seal the Day & year above written. Test & Signed /s/ James Cain in Presence of us Charles Daniel, Nison Weaver, David X Phillips, Edgecombe County, June Court 1761.

The within will was in open Court exhibited by the Exors and Proved by the oath of Charles Daniel, Nison Weaver and David Phillips the subscribing witnefses thereto and at the same time the Exors was Qualified according to Law which on motion ordered to be certified and the will to be Recorded. Test Saml Hall Clk.

Mar 1762: Edgecombe NC Court Minutes, Wm Walker is apptd guardian to Mary Caine, orph of James Caine decd giving security in the sum of L500. Edward Moore Esq & Geo Wimberly securities.

Apr 1763: Edgecombe NC Court Minutes, James Wyatt gdn of orp of James Caine decd produced on oath an account of his gdnship which is allowed & ordered to be recorded. William Walker gdn of orp of James Caine decd ret. an acct of his gdnship .. is allowed & ordered to be recorded. p.10. Edward Moore late sheriff of sd Co. pd James Caine 1-14 - p.16 Return of Edward Moore exr
The Estate of James Cain decd:
To attorneys fee at the suit of Nicholson. . . .3 2 6
To pd Sarah Cain per acct proved . . . . . . . .4 6 9
To pd Sarah Robertson Debt & Cost. . . . . . . . . . . 12 6
To pd John Pace as per acct prov'd . . . . . . . . . . 7
To tending Halifax Court . . . . . . . . . . .1
To fees agst William Cains Exors . . . . . . . .2 19 5
To Wm Walkers attendance at Halifax. . . . . . . . . .10
Edw. Moore Exor. . . . . . . . . . . . . . . 12 8 1


FYI, I believe this William Walker was my ancestor's brother...

Ed


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