Moffitt, Stephen — 1865 will

Randolph County, NC – July 1865
Will Book 13 page 349

I Stephen Moffitt of the County of Randolph and State of north Carolina Being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manners and form following: That is to say first that my executor hereafter names shall provided for my body a decent burial suitable to the wishes and relatives and friends and pay all funeral expenses. Together with my just debts howsoever and to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate. Item. I give and Devise to my Beloved wifeFrances the home tract of land containing one hundred and thirty acres more or less adjoining Jacob H. Craven and others as the deed will more fully show, to have and to hold clear of all incumberance During her life time and after her death to go to my two youngest sons equal share and share alike Stephen T. Moffitt and Benjamin S. Moffitt. I also give her two cows and calves her choice, also her choice of my two work creatures. I also give her five head of hogs, also all of my flock of sheep consisting of eight head. I give to her my old carriage and harness one horse bar plow and one half shovel or twister including stock and gearing for one horse: with food sufficient for twelve months and food sufficient for her cattle also a sufficient quantity of grain out of the crop growing for the support of the family for twelve months. I also bequeath to her three feather beds bedsteads and furniture with a sufficient quantity of kitchen ware and furniture one flax and one cotton wheel and loom one bureau and chest and the old clock and the corner cupbord including the ware on it also the thread and cloth on hand including all the wool on hand ten setting chairs her choice and one candle stand and one wash pot one cutting knife and box. Item. I give and bequeath to my son William Moffitt the tract of land whereon he settled containing on hundred acres. Also fifteen acres more to be added to it on the creek adjoining the other to have and to hold him and his heirs in fee simple forever. Item. I give and bequeath to my son Joshua Moffitt one hundred acres of land adjoining that of Williams on the east of said Wm. tract on Tibs Run to have and hold him and his heirs in fee simple forever. Item. I give and bequeath to my grandson Stephen Abel Moffitt being the son of my son Abel one hundred acres adjoing the former on the East side to have and to hold him and his heirs in fee simple forever. Item. I give and bequeath the remaining part of the three hundred and twenty acre tract to my son Nathan Moffitt laying on the Muddy Branch adjoining the other last named hundred acres on the east of it and former old tract to have and to hold him and his heirs in fee simple forever. Item. I give and bequeath to my son Joshua Moffitt one bed and furniture. Item. I give and bequeath to my grandson Stephen A. Moffitt one Bull calf one Bed and furniture to be sold by the Executor Item. I give and bequeath my daughter Mary Frances one colt one year old and thirty five Dollars in money. Item. I give and bequeath my son Nathan Moffitt one bed and furniture. My will and desire is that all the residue of my estate if any after taking out the devises and legacies above the payment of the debts, expenses and legacies that such surplus shall be equally divided and paid over to my two daughters Saly Cox wife ofCalvin Cox and Mary F. Moffitt minor in equal proportion share and share alike to them and each of them their Executors adminstrators and assignees absolutely forever. And lastly, I do hereby constitute and appoint my trusty friend Calvin Cox my lawful Executor to all intent and purpose to Execute this my last will and testament according to the there 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 witness whereof I the said Stephen Moffitt do hereunto set my hand and seal. This Thirtyeth day of July AD 1865. Stephen Moffitt (SEAL)

Signed Sealed published and declared by the said Stephen Moffitt to be his last will and testament in presence of us who at his request in his presence and in the presence of each other do subscribe our names as witness thereto

-Jacob H. Craven

– Michael Cox

NORTH CAROLINA ] COURT OF PLEAS AND QUARTER SESSIONS RANDOLPH COUNTY ] NOVEMBER TERM 1865 The due execution of the foregoing last will and testament of Stephen Moffitt Dec’d is duly proved in open court by the oaths of Jacob H. Craven and Michael Cox. The subscribing witnesses to the same and ordered to be recorded. and Calvin Cox the Executor therein named appears and qualified.

I H Brown Clk.
Transcribed by LaVonne S. Oertel