Item 5 --- My wish and desire is that my grand daughter, Ithama Cagle, daughter of James Cagle, deceased, have the place known as my old place, all the lands lying and being in the County, of Stanly and State of North Carolina and adjoining the lands of David Coble, deceased, and a tract known as the Whirfield tract on the East side of Big Long Creek and my own on the West side, it being all the lands I am now seized and possessed of on the East side of said creek below the mouth of the steep hollow, to be her right and title, also one negro girl by the name of Olive, 1 feather bed and furniture and this to be her portion besides what I heretofore gave off to her father. Item 6 --- My wish and desire is that the lawful heirs of my son, Lindsey F. Cagle deceased, have one negro man by the name of Bob, and a girl by the name of emaline, together with what I have hertofore gave to their father, except what I herinafter mention to be their portion of my estate. Item 7 --- My wish and desire is that my daughter, Catherine Efird, have two nefroes, one by the name of Omy, the other Lina, which said negroes I have give into her possession, also the balance of what I have hertofore gave off to her to be her oi=rioirtuib if nt estate. Item 8 --- My wish and desire is that my daughter, susannah Perry, have a certain tract of land called the roger Land, it being a part of my old place and bounded by Long Creek as a dividing line between Ithama and Susannah, and bounded by John Cobb, it being the land on the West side of said creek, it being all the lands that I am possessed of on the West side of said creek below John Coley's, to be hers and her heirs forever, also a begro girl, by the name of Fanny which she now has in her possession, together with what I have heretofore gave off to her, to be her portion of my estate. Item 9 ---- My wish and desire is that my daughter , Sarah Cagle, have one negro girl by the name of Caty, and her increase, and provided she should 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 hers and she is have the same for her portion. Item 10 --- My wish and desire is that my daughter, Adaline Cagle , have a nefro girl, by the name of Rachel, and her increase, and if she should marry and leave, then to have another negro to be worth $250.00 together with all the property here now claimed by her and called hers, to be her portion. Item 11 --- My wish and desire is that my beloved wife, Judith Cagle, should at any time aftermy death, think proper to marry, then her rights in the first item to cease and to have no longer possession of the premises, nor neither to take the children off the premises, but in that case to have all her clothing and chest, bed and furniture and a common set of tableware and one cow and calf and her side saddle, this to be hers and at her disposal forever, and I also loan her one negro girl, by the name of Chaney, to wait on her during her natural life and not to be allowed to remove the said negro out of the County, of Stanly, and provided she cannot keep 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. Cagle, have and possess and enjoy one half of that grist and saw mill, so long as they may be kept up, and that the mills be kept up by my heirs, and 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 expenses to be as near equally divided as possible. Item 13 --- My wish and desire is that my three yougest children, viz Rebecca, Martha, and David Cagle have the balance of my estate not otherwise disposed of, and for the same to be equal in valuation between the three named children, David to have the lands whereon I now live and the girls to have equal in valuation of other property so as to make them equal with the lands, but for the firls to have an equal interest in the mills with David as long as they continue to bear an equal part in keeping them up, share and share about, and provided the firls, one or both shall marry, that my executor give off some portion of the property to them by valuation, so as to fit them for housekeeping and that no division shall be fully made til my son David be of full age, and if any of my negroes cannot be controlled by the family, for the same to be taken and hired out, or sold to the best advantage to the estate, and should there be any property or increase of property likely to waste and not needed by the family, the same to be sold to the best advantage by my executor. Item 14 --- And lastley I do herby constitute and appoint my trusty friends, Solomon Haithcock and David Kendall, my Executors and Judith Cagle, my executrix, to be my lawful executors and executrix to all my intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof. 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 hand and seal, this the 12th. of November 1842. Signed, sealed, published and declared by the said Benjamin Cagle, to be his last will and testament. Benjamin Cagle 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, was brought into open court and duly proven by the oaths of Newton Howell, Green Palmer and David Moose, the subscribing witnesses. the said will and testament was admitted to probate and ordered to be recorded. D. Hearne. David kendall, one of the executors of Benjamin's Will, was presumably the same David Kendall (1792-1878 ) who was buried at the Kendall Family Cemetary, on a tributary of Long Creek a Few miles to the north of Albemarle. Similarly, Green Palmer (1795-1865) , one of the witnesses to the Will, is buried at the Palmer Family Cemetary located near the Watery Branch of Long Creek, to the NW of Albemarle. Notes for Judith Simpson: At the time Judith married Benjamin Cagle, she was the widow of thomas Simpson. 1850 Census Stanly County, North Carolina Cagle, Judith 47 NC Farmer/$500 Illiterate Martha 12 " In School DAVID 10 " " " Judith was the third wife of Benjamin and was consiserably younger than Benjamin . she lived next to Rebecca Whitley the younger sister to Benjamin , also living next to her was Abigail Cagle , also a widow of Lindsay Cagle. Children of Benjamin Cagle and Amy Lowder are: 23 i. Tellethe Adaline "Adaline"5 Cagle, born September 29, 1817 in North Carolina; died December 23, 1897 in North Carolina. Notes for Tellethe Adaline "Adaline" Cagle: Never married . Buried near her sister Sarah Cagle , and her grandfather George Cagle Sr. who died in 1825, Adaline was the childe of Benjamin and his second wife amy Lowder Cagle. 1870 Census of Stanly, North Carolina 149/120 Cagle , Tolitha 53 NC Keeping House 0/0 Lucy 35 NC At home Tolitha was Tellethe Adaline, and they called her Adaline. 24 ii. Rebecca Cagle, born 1820 in Montgomery County, North Carolina. She married Robert Smith July 24, 1851. Notes for Rebecca Cagle: Rebecca, born 1830s was one of the three minor childern listed in Benjamin's 1843 , Will . L. Was the daughter either of Benjamin 's second wife , Amy Lowder, or of his third wife Judith Simpson. Not listed in the houshold of Judith's (Rebecca was listed in the 1850 census, was apparently either dead of married by then . Children of Benjamin Cagle and Rebecca Unknown are: 25 i. Elizabeth5 Cagle, born 1795 in Montgomery County, North Carolina; died November 1842. She married Williamson Finch. 26 ii. Mary Cagle, born 1799 in Montgomery County, North Carolina; died Abt. 1842 in Aquadale, Stanly County, North Carolin. She married Benjamin Riley (Sr) Mauldin 1822 in Stanly County, North Carolina. 27 iii. Nancy Cagle, born 1801 in Montgomery County, North Carolina. She married Jeremiah Rowland. Notes for Jeremiah Rowland: Jeremiah eventually left Tennessee and moved to Oregon . 28 iv. James Cagle, born 1803 in Montgomery County, North Carolina; died December 03, 1827 in Montgomery County, North Carolina. He married Abagail Coble in Montgomery County, North Carolina. Notes for James Cagle: James died at the age of 24. Later when Benjamin's will was probated in 1843. David kendall was appointed Guardian of Ithamer (Ithama) Cagle. Orphan of James Cagle. 29 v. Sarah "Sary" Cagle, born August 16, 1804 in Montgomery County, North Carolina; died 1848 in Montgomery County, North Carolina. Notes for Sarah "Sary" Cagle: Never married , and is believed to have died somtime between Benjamin's death and March of 1857. Probably identical to the Sary Cagle who is buried near her Grandfather George Cagle , d. 1825. 30 vi. Linsey F. Cagle, born 1806 in Montgomery County, North Carolina; died October 10, 1842 in Stanly County , North Carolina. He married Abigail Rowland. Notes for Linsey F. Cagle: 1830 Montgomery, NC W. of PeeDee Cagle, Lindsey 20001 - 000001 p.074 (1840 Montg, s/o Benj.) 1840 Montgomery, NC W. of PeeDee Cagle, Lindsey 012001 -011001 P.218 (d.1840s, Stanly Co. ) Then Stanly County, Guardian accounts and returns book , February term , 1845, page 27, indicates that indicates that Jacob J. Efird (Husband of Lindey's sister Catherine ) was apponited as guardian of the minor heirs of Lindsey F. Cagle ; Amounts due the minors are given on pp. 27, 43, 55, 61, and 93 of the book . Children of Lindey F. Cagle were as follows: William Alexander , b-1825 married to Nancy C. Reed Mary married _______Reid, by Feb. 1845 James born ca 1829 married Elmira ____________. Benjamin born ca 1832 marrie to Laura ____________ . Rebecca. born ca. 1834, Married Robert Smith July 21, 1851. Henry Ervin born ca 1842 Lindsey Cagle , who married Abigail Rowland , lived near his father Benjamin in 1840 cenus of Montgomery, County, NC. in 1842 , Lindsey died , and his widow Abgail is listed as the head of household in the 1850 census of Stanly County, Benjamin himself died in 1843, and his widow was living near Abigail in the 1850 census. The other Rowland children accompaned their fathr to Carroll County, Tennessee. ca.1827; and at the time of the 1830 census , Jeremiah Rowland at the time of the 1830 census married , Nancy Cagle, who was listed as head of household , along with Loyd. Living near them in 1830 Carroll County, was a Thomas Rowland , as well as JOhn and Jesse Gurley. Jeremiah Rowland does not appear on the 1840 census of Carroll County, Tennessee and his location in the 1840s census is unknown at the present . At any rate , it is known tah his first wife Nancy Cagel , died sometime before 1843, with the Will of her father Benjamin Cagel . Notes for Abigail Rowland: She remained in North Carolina when the Rowland family moved to Tennessee. 1850 Stanly, NC Cagle, Abigail 41 NC Farmer/$400 Illiterate (p.065/ # 933) James 21 " Benjamin 18 " Rebecca 16 " Henry 8 " Abigail was the widow of Lindsey F. Cagle who died in the 1840s. 31 vii. Catherine Cagle, born March 21, 1807 in Montgomery County, North Carolina; died May 22, 1860. She married Jacob John Efird 1824 in Montgomery County, North Carolina. Notes for Catherine Cagle: Listed as age 43 in the 1850 Census of NC. Buried at St. Martin's Lutheran Church, Stanly County, North Carolina . 32 viii. Susannah Cagle, born 1808. She married Phillip Perry. Children of Benjamin Cagle and Judith Simpson are: 33 i. Martha5 Cagle, born 1835 in Montgomery County, North Carolina. She married John Kendall March 08, 1855 in Montgomery County, North Carolina. Notes for Martha Cagle: According to 1850 census of Stanly County, North Carolina she married a JOhn Kendall , who was born 1826. The Stanly county, court minutes for the May session, 1844, indicates taht David Kendall was appointed Guardian of Rebecca, Martha, and David Cagle, orphans of Benjamin Cagle. 1870 Stanly County, North Carolina 265/265 Kendall , John 46 NC Farmer 10/400 Martha 31 " Keeping house (dau of Benj & Judith Simpson Cagle) Rebecca 12 " At home /In School Julia 10 " " " " Davod 9 " " " Harriet 4 " " " Robert 1 " " " Cagle, Judith 67 " " " (Judith Simpson Cagle, was tje 3rd wife of and widow of Benjamin Cagle, 1774-1843) 34 ii. David D. Cagle, born April 07, 1840 in Montgomery County, North Carolina; died August 22, 1861 in Suffolk County, Virginia. Notes for David D. Cagle: Never married: David was the younges son of Benjamin and Judith Cagel and died at Sufolk, VA. August 22, 1861, his age was 20 yrs, 8 months, 16 days. He was a member of the 4th Regiment of N.C.V. and remained with the came up to the time of his death discharging his duties with a cheerfulness and patriotism well worthy of imitation . The 4 Regiment NC Voluteers was redesignated the 14th Regiment , NC Troops, which name its regimetn, bore until the end of the war. The Regiment which began the war with over 1,000 troops had only 115 men left in its ranks when it surrended at AppomattoxPPOMATTOX Court house , VA. in April 1865. Daniel Poplin , the other soldier buried in the cemetery , served in the 27th NC State Troops, CSA. Jesse Poplin relation unkown , enlisted with David D. Cagle in the 4th regiment on May 5, 1861. (Daniel Poplin is buried in the David Cagel Cemetery ). Daniel Poplin 1826-1864 , of 27th regiment , North Carolina , State Troops , CSA. Biographie for David reads, Cagle, David D. Private resided in stanly county, and was by occupation a farmer prior to enlisting in Stanly county, at age 20, on May 05, 1861. Present or accouted for until he died at Camp Ellis , Virginia, August 24, 1861. Cause of death is not reported His mother Judith had his headstone placed in the cemetery . There is a lond of pure delight, shere saints immortal reign, eternal day exceeds the night, and pleasures banish pain . there everlastin Spring abides, and never fading flowers, . Death like a narrow sea divides this heavenly land from ours. The abbreviation "N. C. V." is David's epitapth presumably means "North Carolina Volunteers" . There is a letter of Rebecca Cagle form 1826 mentions that Benjamin Cagle ( David's father was living on logh creek at that time and thelocation of Benjamin's home place is not known , as yet . Old Creek flow a short distance to the west of Albemarle. The David Cagle Family Cemetery in Albemarle, Stanly County, North Carolina . The cemetery is located # 1267, beside west main st. extesion, Albemarle, and Old City Water Filtration Plant, said to Cemetery in two parts. one for Whites and one for the slaves . 100 or more graves but only one marker readable . 5. George (Jr.)4 Cagle (George ( Sr.) *3, Johan Theobald "David" Kegel *2, (Leonhart Kegell ) Leonard *1) was born July 08, 1777 in Montgomery County, North Carolina, and died in Stanly County, North Carolina. He married Catherine. Notes for George (Jr.) Cagle: 1810 Montgomery , W. of Peedee. Cagle, George 1001 - 10001 Nancy Jane