In the name of God Amen. I Arthur Erwin of the County of Burke in the State of North Carolina being in reasonable health and of perfect and disposing mind and memory, do make this my last will and testement and do hereby revoke, disavow and disallow all other and former wills and testements by me ever made heretofore -
After recommending my soul to Almighty God my will is that my body be decently interred at the discretion of my executors who may be present at my decease -
My will is and I hereby devise and bequeath unto my well beloved wife Margaret Erwin, all that part of the tract of land whereon I now live where my house is including all the tract purchased of Deadwiler excepting the mill contract being about six acres, to her and her use only during her life and widowhood and no longer. I do also devise and bequeath unto my said wife Margaret my Negro woman Linda and girl Sally, daughter of Nancy, during her life and no longer and then to be divided as hereafter directed -
My will is and I do devise and bequeath unto my wife two beds of furniture, with all my kitchen furniture, her choice of one of my horses saddle and bridle, so much of my farming tools as shall be by my executor thought sufficient for her, three cows and calves out of my stock of cattle, with some of my stock of hogs to be given her by the executors to her and her heirs forever.
My will is and I do devise and bequeath unto my son William my Negro man Frank to him and his heirs forever.
My will is and I do devise and bequeath unto my son James my Negro man Jim, a sorrel mare and sixty dollars, which two latter articles have been long since delivered to him and to him and his heirs forever. . . My will is and I do devise and bequeath unto my son John a Negro man called Ben which I delivered him long since to him and his heirs forever -
My will is and I do devise and bequeath unto my grandchildren, children of my son Alexander, my Negro man Jo which I delivered to my son in his lifetime, to them and their heirs forever -
My will is and I do devise and bequeath unto Arthur, Robert, William, Cyrus and Marcus, the five sons of my son Alexander Erwin, all that tract of land situated on the forks of the Upper Creek called the Harbinson place containing three hundred acres to them and their heirs forever, share and share alike -
My will is and I do devise and bequeath unto my grandson Arthur Patton, son of my daughter Polly Patton, a tract of land containing one hundred acres called Matthew Harbinson place which tract I bought of him Matthew, and to the said Arthur patton and his heirs forever -
My will is and I do devise and bequeath unto my daughter Polly Patton the two Negro women I gave her heretofore named Nelly and Bina and their increase to her heirs forever and also a Negro girl Sally left to my wife during her life and at the death of my wife to my daughter Polly Patton to her and her heirs forever.
My will is and I do devise and bequeath unto my grandson Adolphus L. Erwin my Negro woman named Mary and her increase which Negro woman I delivered sometime ago to him and his heirs forever -
My will is and I do devise and bequeath that all my lands not willed be sold on such credits as shall be for the advantage of my estate. My will is also that the tract of land on which I live be sold after the decease of my wife on such credit as to my executors shall be thought advisable and that my executors make to the purchaser good and sfficient title to be forth given and that the proceeds of the sale of the said land when received be equally divided share and share alike between my three sons William, James and John to them and their heirs forever. My will is and I do devise and direct that all my Negoes not disposed of in this will and by me held be valed by men chosen indifferently as to relationship (if they cannot be divided without) and alloted equally among my three sons as to their value, William, James and John, and kept by them, or if they should think proper to sell them to let those of the family who may be able to purchase them have them as it is my wish that they should not go out of the family, the property when alloted to be the holders of the said John, James and William and their heirs forever.
My will is that the part which I hold in the mill contract and the mills and lands being six acres be equally divided share and share alike to my son William W. Erwin one half my share and the other half to my son Alexander's five sons, to wit, Arthur, Robert, William, Cyrus and Marcus to them and their heirs forever -
My will is and I do direct that all my estate not willed be sold by my executors on such credit as may be right and that the proceeds of the sale with what may be owing to me, the cash on hand be equally divided share and share alike among and between my dear wife and my daughter Polly Patton to then and their heirs forever.
My will is in explanation of the forgoing clause is that all the estate not willed or willed to be sold is not included in the above bequest and it only means the chattel property not willed -
My will is and I do direct that there be taken from the share of my son John the sum of two hundred dollars being so much advanced by me to him in two several times in past of the purchase of the Roundabout Tract, and wheras he paid twenty dollars or thereabouts this is to be considered as in full of the interest on the two hundred dollars. There is also to be taken from the share of my son James thirty-five dollars being so much money advanced by me to him and this sum is in full of all debts ___?
My will is and I do by these presents nominate and appoint my two sons William and James my sole executors of this my last will and testement.
In testimony whereof I have hereunto set my hand and affixed my seal this 18th day of February A D 1819 ad 43 year of American independence.
Arthur Erwin
Signed Sealed published pronounced and declared by the testator as his last will and testament in presence of us and of each other
Elija G. Sharpe
S. S. Erwin
E. A. Erwin
State of North Carolina Court of Pleas and Quarter Sessions
Burk County
October 1821
This will was presented in court by W. W. Erwin and James erwin executors therein named and proved by the oaths of Sidney S. Erwin and Elam A. Erwin witnesses thereto and ordered to be recorded and on motion of said executors who gave bond and took oath requested by law a certificate of probate is granted unto them.
