Last Will and Testament

These items are transcriptions of copies found in the Balfour file in the Randolph room of the Asheboro Library. (May, 1999). Transcription by Shirley Walters Weissmann:


Colonial and State Records of N. C.

Vol. XVII – 1781-85

           by Walter Clark

(page 292)

            Received also the following Message:

Mr. Speaker & Gentlemen:

           We agree that the Message and papers from His Excellency the Governor this day laid before the General Assembly be referred to the Committee, to whom were referred his other Message and the public dispatches accompanying it.

           Received likewise a Resolution of the Senate for allowing Robert Hightower fourteen shillings and nine pence, which being read was concurred with.

           Received from the Senate the report of the Committee of Propositions and Grievances on the Petition of Margaret Balfour concurred with by that House.

A motion being made and seconded that the said Report be concurred with by this House, was objected to. The question being put, was carried in the affirmative, whereupon the yeas and Nays were required by Mr. Blount.

           On motion of Mr. Blount, seconded by Mr. Oliver, Ordered that the Petition of Margaret Balfour, and the report thereon be entered on the Journal previous to the Yeas and Nays.

Randolph County, ) September 20th, 1785.

State of North Carolina, )

           To the Honourable General Assembly of said State to be held at Newbern on the seventh Day of November, 1785.  The Petition of Margaret Balfour humbly sheweth, That her Brother Colo. Andrew Balfour, (to whose Estate she Administered) attened for a long time in the Assembly at Wake, for which service he received a certificate, which certificate was plundered by the Tories among their other papers at the same time that they murdered him.

           Now Your Petitiioner humbly prayeth that your Honors would cause a new certificate to be given her as her Brother’s Administrator, and the prosperity of the State shall ever be the constant prayer of your Honours

                                                               Most obedient servant,

                                                                                MARGARET BALFOUR.

Randolph County, State of North Carolina.

           Personally appeared before me the above named Margaret Balfour, and made oath that the certificate for her Brother’s service in the Assembly at Wake, was lost, and that he never received any thing for said service.

                                                                                                                    MARGARET BALFOUR.



           Subscribed before me this 5 Day of November, 1785.

                                                                                                                    AARON HILL, J. P.

Your Committee to whom was referred the Petition of Margaret Balfour, Administratrix of Andrew Balfour, deed., Decr. Report. That after considering the premises, are of opinion that she be allowed a sum equal to what was contained in the Former certificate agreeable to the Scale of Depreciation, all which is submitted.

                                                                                                                    JAMES GILLESPIE, Ch.



           On the question does the House concur with this report, the Yeas and Nays are as follows, vizt:

           Yeas - - Messrs. Collins, Avery, Sawyer, Dickens, White, Sanders, Coleman, Stewart, Griffith, E. Robinson, D. Hall, Person, Ashe, Hamilton, S. Riddick, McKissick, Isler, Sloan, Symons, Cain, J. Taylor, W. Hawkins, Hayes, Martin, Williams, Bryan, C. Robertson, R. Riddick, Hinton, Dodd, Moore, Tisdale, Franklin Lewis, Hill McDowall, Whitaker, Hay, Bloodworth, Phillips, Diggs, Courtney, Gardner, Rowan, Smithwick, Carroll, Lock, Berger, Lewis, Junr., Sherrod, Phifer, Alexander, Richardson, C. Hall, & Terry.

           Nays - - Messrs. Blount, Smaw, Oliver, Williamson, Harney, Rhodes, Montgomery, Manney, Cabarrus, Tho. Jordan, McDowall, Thomas & S. Williams.

           Mr. Person from the Committee of Privileges and Elections delivered in a Report on the Petition of James Jasper, which being read the consideration thereof was postponed until Tomorrow.

           Ordered that Mr. Smith have leave to absent himself from the service of this house for a few days.

The House adjourned til Tomorrow Morning 10 O’Clock.


North Carroleiner Randolph Countey

Artikkles of agrement betwean Mis Peggey Belford and Joel Parrott this said Peggey has rented or least hor land and plantashon whare she now lives to the said Joel Parrott for the turmes of three years this Parrott is to giv one thousand waight of merchentabble tobackker priest in to a good hogs head a year it to be carred to the nearrest landen if the said Parrott has a mind to leave the place before the three year is out he is to go but he is to give the said Peggey nottis be fore it is to late to enter in for a crop the said Parrot is to leave the place in as good order as he find it the said Parrot may clear and tend but he is not to destroy no timber onelay for the euse of the plantation.

Sienned sealled and delivered in the present of us

test

William Chandler Margt. Balfour (Seal)

John (x) Scarlet Joel Parrot (Seal)


Know all men by these presents that we MARGARET BELFOUR & WILLIAM LUWALLEN of County and State of North Carolina are held and firmly bound unto JOEL PARROT Late of the County and State afforesaid in the just and full sum of sixty pounds lawful money of sd. State for which payment will and truly to be made we bind our selves our Heirs Executors and Adms. firmly by the present seald with our seals and dated this first day of November 1797.

Test signed: MARGET BELFORD (Seal)

WILLIAM BAILEY WM. LEWELLING (Seal)


08 MARGERT BELFORD vs JOEL PARROTT December the 7 day 1797

State of No Carolina ) This day MARGET BELFORD Came before me WILLIAM BAILEY

Randolph County ) ONE OF THE Justices for the County of Randolph and made oath that JOEL PARROTT is Justley indebeted to her the sum of one Thousand pounds weight of Inspected Tobaco to be Delivered at the neares Inspection and that she hath just reason to Beleve that the sd PARROTT is a Boute to Remove him self out of this County and have given Security as the Law Directs than or tharefore in the name of the State to Command you to atach as much of the property of the sd. PARROTT as shall be of value sufficiant to Satisfy the sd. Debet and all Cost and you are to secure such property so attached in your hands so that within proceedings may be had thanson ond you are to make noon to our next Court of Pleas and Quarter Sessions how you have Executed this presest. Given under my hand this November the first day 1797. WM. BAILEY

To any Lawfull officer to Execute

State of No Carolina – This Day MARGET BELFORD Came before me and maid oath that JOEL PARROTT is Indebted to hir the sum of one Thousand Weigh of Inspected tobaco Swore to and Subscribed before me this November the First Day 1797.

Test MARGART BALFOUR

WILLIAM BAILEY

WILLIAM LEWALLING is Security

By virtue of the Within Ateachment I Ateached Nine head of hogs and one truck waggen and one bell and some corn fodder the property of JOAL PARROT

December the 6 day 1797 by me WM. LEWELLING


   * My own note (SW- 1999) is that this particular typewritten paper is mostly without punctuation marks  and I am transcribing it as I am finding it.



                        ANDREW BALFOUR (Randolph Co. Will Bk. 5 Page 250)



                                                      February Term 1826

In the name of God Amen I Andrew Balfour of the County of Randolph in the State of North Carolina being weak in Body and in a low state of health but of perfectly sound and desposing mind and memory do make and ordain this as my last will and testament First my will and desire is that all my just debts be paid 2nd my will and desire is that my wife should keep the family together and for that purpose I desire that she and my executors hereinafter named should keep the whole of my property in their hands except such as they may think it will be more to the advantage of the Estate to sell 3rd It is my will and desire that three lots which I own in Jonesborough in the state of Tennesse be sold to the best possible advantage and as I had offered to sell the place whereon I now live to the Wardens of the Poor, my wish is that it should still be sold to them if they think proper to purchase on the terms I mentioned to them 4th My will and desire is that of my wife should think proper to change her situation by a second marriage that and third of all the personal property then on hand that is household and kitchen furniture farming utensils and stock shall belong to her and an equal share with my children of the real Estate 5th My will further is that all money which may come into the hands of my Executors by the sale of the lands before authorized or otherwise be put to interest for the benefit of my children 6th My desire is that my Executors use their best endeavors to collect a debt which is due to me from Joseph Bower of Indiana, and all other debts due to me but I also wish that they should not distress any person for debt while it can be got in any other manner 7th My will and desire is that all my slaves be emancepated as they surrally? Arrive at the age of thirty years and that my Executors make use of their best endeavors to have their emancepation affected? Lastly I do hereby nominate my beloved wife Mary Balfour Executrix and my friend and Brother in law John Henley Executor of this my last will and testament In testamony whereof I have hereunto set my hand and affixed my seal this second day of December Anno Domino 1825

Signed, sealed, published, pronounced and declared by the said Andrew Balfour to be his last will and testament in our presence who in the presence of the testator and of each other have signed the same as witnesses

Barna Nixon

J.Troy (Jurat) Andrew Balfour (seal)

December the third A. D. 1825 I Andrew Balfour do hereby publish pronounce and declare the following as a codicil to the foregoing last will and testament viz The part of my real estate given to my wife in case she should change her situation is to be considered as belonging to her during her natural life and at her death to revert to and be equally devided amongst my children It is also my will that if any of my children should arrive at the age of twenty one years or marry so that a division of the Estate becomes necessary my Executrix and Executor before named and the child or children so arriving at age or marrying should each choose one indifferent person who when chosen shall have power to examine the Estate and lay off to such child or children as equal portion thereof regard being have to the part bequeathed to their mother and the number of children witness my hand and seal the date above

In presence of J. Troy (Jurat)

                     Barna Nixon                                                    Andrew Balfour  (seal)

December the fifth A.D. 1825 A Second codicil which I have thought proper to make to the foregoing last will and testament is as follows that as it was my intention to convey to Samuel Newby the Tract of Land on which he lives on his paying me the sum of four hundred dollars together with such other sum or sums as I might lay out in improving said place so it is my wish and desire that my Executrix and Executor heretofore named should perform that intention of mine But it is to be understood that nothing herein contained shall be so construed as to bind me my Executors or heirs to keep the said land any deferad? Length of time but if it should be found necessary at my time to sell the said land he the said Samuel Newby shall have the preference as a purchaser and if he then pays the aforesaid sum I recommend that he should have the land Witness my hand and seal the date above

J. Troy (Jurat)

Barna Nixon Andrew Balfour (seal)

State of North Carolina Court of Pleas and quarter sessions Feb. Term 1826

        The execution of this last will and the two codicils of Andrew Balfour deceased was proven in open court by John Troy one of the subscribing witnesses thereto & ordain to be recorded  



                                                                                             Jesse Harper  CCC