Name: Benjamin Franklin Cagle 1 2 3
Birth: 26 JUN 1774 in Montgomery County, North Carolina 1 2 3
Death: FEB 1843 in Stanly County, North Carolina 1 2 3
Will of Benjamin Cagle, 1842-43
This is the Will of Benjamin Cagle, which appears in Stanly County, Will b ook No. 1,
pages 16-20, was filed on November 12, 1842, and probated in February of 1 843.
In the name of God, amen. I, Benjamin Cagle of the County of Stanly, and S tate of North Carolina, being of sound mind and memory, but considering t he uncertainty of my earthly existence, do make and publish this, my la st will and testament in manner and form following, that is to say:
First: that my executor therinafter mentioned shall provide for my bo dy a decent burial, suitable to the wishes of my relations and friends a nd pay all funeral expenses together with all my just debts howsoever a nd to whomsoever owing out of the monies that may first come into his han ds as a part or parcels of my estate.
Item 1 ---My wish and desire is that all my estate both real and person al be dept together on the premises for the support of my beloved wife a nd children and for the raising of my minor childdren ans slaves and for t he purpose that my children be taught a good English education and th at my two daughters, Sarah and Adaline Cagle, that are now of age but livi ng with me and continue on the premises and have the same rights and privi leges as they now have and to be supported as they now are, during the ti me they or either of them shall live single, and if they marry, this privi lege then shall cease. Also my beloved wife to continue on the premises, o ccupying and enjouing all the rights and privileges of the possession toge ther with all my children during her natural life or widowhood, and if s he should marry, then this privilege to cease, as I shall herein after ma ke provision for my beloved wife and children, viz.
Item 2 ---My wish and desire is that my daughter Elizabeth Finch, decease d, lawful heirs of her body, viz. Lindsey F. Finch, have in proper ty to be valued by two disinterested persons, the sum of $25.00,
also Wellington Finch, to have in property, $25.00 to be valued as the oth er lot as there may not be money on hand sufficient to pay them and the ab ove amount, to be their portion besides what I have hertofore gave o ff to their mother.
Item 3 --- My wish and desire is that my daughter, Mary Mauldin, decease d, lawful heirs of her body, viz. Rebecca, Martha, Mary, and James E. Maul din have a certain yellow girl named Annepee, to be equally divided betwe en them and that to be their portion, except what I heretofore gave to the ir mother.
Item 4 --- My wish and desire is that my daughter Nancy Rowland, decease d, the lawful heirs of her body, viz. John B. and Green L. Rowland have $1 00.00 to be equally divided between them in property to be valued by two d isinterested persons, if there should not be money on hand sufficient, pro vided they come after it and this to be their portion, except what their m other has already had.
Item 5 --- My wish and desire is that my grand daughter, Ithama Cagle, dau ghter of James Cagle, deceased, have the place known as my old place, a ll the lands lying and being in the County, of Stanly and State of North C arolina and adjoining the lands of David Coble, deceased, and a tract kno wn as the Whirfield tract on the East side of Big Long Creek and my o wn on the West side, it being all the lands I am now seized and possess ed of on the East side of said creek below the mouth of the steep hollo w, to be her right and title, also one negro girl by the name of Oliv e, 1 feather bed and furniture and this to be her portion besides what I h eretofore gave off to her father.
Item 6 --- My wish and desire is that the lawful heirs of my son, Linds ey F. Cagle deceased, have one negro man by the name of Bob, and a gi rl by the name of Emaline, together with what I have hertofore gave to the ir father, except what I herinafter mention to be their portion of my esta te.
Item 7 --- My wish and desire is that my daughter, Catherine Efird, have t wo negroes, one by the name of Omy, the other Lina, which said negroes I h ave give into her possession, also the balance of what I have hertofore ga ve off to her to be her portion of my estate.
Item 8 --- My wish and desire is that my daughter, Susannah Perry, ha ve a certain tract of land called the Roger Land, it being a part of my o ld place and bounded by Long Creek as a dividing line between Ithama and S usannah, and bounded by John Cobb, it being the land on the West side of s aid creek, it being all the lands that I am possessed of on the West si de of said creek below John Coley's, to be hers and her heirs forever, al so a negro girl, by the name of Fanny which she now has in her possessio n, together with what I have heretofore gave off to her, to be her porti on of my estate.
Item 9 ---- My wish and desire is that my daughter , Sarah Cagle, have o ne negro girl by the name of Caty, and her increase, and provided she shou ld marry and go to housekeeping, to have another negro to be worth $250. 00 together with what property that is now claimed by her and called he rs and she is have the same for her portion.
Item 10 --- My wish and desire is that my daughter, Adaline Cagle , ha ve a nefro girl, by the name of Rachel, and her increase, and if she shou ld marry and leave, then to have another negro to be worth $250.00 togeth er with all the property here now claimed by her and called hers, to be h er portion.
Item 11 --- My wish and desire is that my beloved wife, Judith Cagle, shou ld at any time after my death, think proper to marry, then her rights in t he first item to cease and to have no longer possession of the premises, n or neither to take the children off the premises, but in that case to ha ve all her clothing and chest, bed and furniture and a common set of table ware and one cow and calf and her side saddle, this to be hers and at h er disposal forever, and I also loan her one negro girl, by the name of Ch aney, to wait on her during her natural life and not to be allowed to remo ve the said negro out of the County, of Stanly, and provided she cannot ke ep and conrtol the said negro, to return her back on the premises.
Item 12 --- My wish and desire is that the heirs of my son, Lindsey F. Cag le, have and possess and enjoy one half of that grist and saw mill, so lo ng as they may be kept up, and that the mills be kept up by my heirs, a nd such of them only as are in possession of my home lands and premises,
land by the heirs of Lindsey F. Cagle, deceased, and for the expens es to be as near equally divided as possible.
Item 13 --- My wish and desire is that my three yougest children, viz Rebe cca, Martha, and David Cagle have the balance of my estate not otherwise d isposed of, and for the same to be equal in valuation between the three na med children, David to have the lands whereon I now live and the gir ls to have equal in valuation of other property so as to make them equal w ith the lands, but for the firls to have an equal interest in the mills wi th David as long as they continue to bear an equal part in keeping them u p, share and share about, and provided the firls, one or both shall marr y, that my executor give off some portion of the property to them by valua tion, so as to fit them for housekeeping and that no division shall be ful ly made til my son David be of full age, and if any of my negroes cann ot be controlled by the family, for the same to be taken and hired ou t, or sold to the best advantage to the estate, and should there be any pr operty or increase of property likely to waste and not needed by the famil y, the same to be sold to the best advantage by my executor.
Item 14 --- And lastley I do herby constitute and appoint my trusty friend s, Solomon Haithcock and David Kendall, my Executors and Judith Cagl e, my executrix, to be my lawful executors and executrix to all my inten ts and purposes to execute this my last will and testament according to t he true intent and meaning of the same and every part and clause thereo f. Hereby revoking and declaring utterly void
all other wills and testaments by me heretofore made.
In testimony whereof I, the said Benjamin Cagle , do hereunto set my ha nd and seal, this the 12th. of November 1842.
Signed, sealed, published and declared by the said Benjamin Cagle, to be h is last will and testament.
In presence of us, Newton Howell, Green Palmer, and David Moose.
North Carolina. Stanly. February 1843.
Then the forgoing last will and testament of Benjamin Cagle, deceased, w as brought into open court and duly proven by the oaths of Newton Howel l, Green Palmer and David Moose, the subscribing witnesses. the said wi ll and testament was admitted to probate and ordered to be recorded.
David Kendall, one of the executors of Benjamin's Will, was presumably t he same David Kendall (1792-1878 ) who was buried at the Kendall Family Ce metary, on a tributary of Long Creek a Few miles to the north of Albemarl e. Similarly, Green Palmer (1795-1865) , one of the witnesses to the Wil l, is buried at the Palmer Family Cemetary located near the Watery Bran ch of Long Creek, to the NW of Albemarle.
Father: George Cagle b: ABT 1750 in Rowan County, NC
Mother: Rebecca b: 1750
Amy Lowder b: 1775 in Moore County, NC
- Tellethe Adaline Cagle b: 29 SEP 1817
- Rebecca Cagle b: 1820
Susannah b: in Montgomery County, North Carolina
- Elizabeth Cagle b: 1795
- Mary Cagle b: 1799
- Nancy Cagle b: 1801
- James Cagle b: 1803
- Sarah Cagle b: 1804
- Lindsey F. Cagle b: 1806
- Susannah Cagle b: 1808
- Catherine Cagle b: 21 MAR 1807 in Montgomery County, NC
- Martha Cagle b: 1835
- David Cagle b: 1840
- Title: roberts.GED
Text: Date of Import: May 21, 2001
- Title: roberts.GED
Text: Date of Import: Oct 11, 2001
- Title: ralphroberts.ged
Text: Date of Import: Dec 15, 2003