The following is a document relating to the estate of John BUTLER of Craven County, North Carolina. It mentions his wife, who has remarried, his daughters and his grandchildren — illegitimate children by his daughter, Elizabeth.
John Butler, by his will, February 1799, bequeathed to his widow the remainder of his stock of Cattle & hogs and household furniture during her life or widowhood, then to be equally divided between his two daughters Elizabeth and Mary.
The widow has married & I am asked for what stock is the widow accountable to the Executors of her first husband.
Answer. The increase of Stock lent to a person for a particular time belongs to such person absolutely. The Executor of Butler is entitled to receive from the widow only what remains of the original stock. if any part of the original Stock has been killed or sold by the widow she must make good its value, but she is not bound to make up any deficiency by death. The increase belongs to the widow and the Executor cannot intermeddle with that.
Mary one of the legatees, died an infant and intestate. Elizabeth died after Mary leaving two illegitimate children. in 1810 Marys share of the Stock & c. will be divided among the mother of the brother & sisters. The two children of Elizabeth will take one share (their mothers) between them. they also take their mothers legacy.
Sept. 14. 1812
J. Stanly
The above document is from the Mary B. Buck Collection No. 83 in the East Carolina Manuscript Collection at Joyner Library.
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