Will of John Boswell - Caswell Co., North Carolina

Caswell Co NC  July Court 1854

In the name of God, amen, I John Boswell, of the county of Caswell and the State of N. Carolina being of sound and perfect mind  and memory, blessed by God, do this eighth day of March in the year of our Lord,

One thousand eight hundred and fifty three , make and publish this my last will and testament in manner following to wit:

I commend my soul to the Almighty, whom gave it unto me return -----to the earth to be buried in a decent Christian like manner at the direction of my friends.

2^nd  My will is that all my lawful debts be paid

3^rd I Loan to my wife, Sarah Boswell, two negro slaves, viz: Claracy, Jack and Susannah, , one horse the choice the choice of the stock of my horses of her own choosing ,two cows and two calves, two beds, bedstear & furniture , one bureau, all of the china and queensware, & silverspoons,  I may possess at the time of my death,  one folding leaf table, one thousand pounds of pork, fifty barrels of corn, twenty five bushels of wheat, and side saddle and bridle may barouche & harness, one yoke of oxen & cart all of which property  my will & desire, is shall remain, in the possession of my wife, Sarah Boswell to be controlled by her for her own use and benefit during her natural life, and at her decease

4^th  My  will is that the land, and three negroes, ----- and harness, yoke of oxen and rest above named , shall be ----- equally divided, my six children, their heirs and assigns and the above named property, except the land, & three negroes, barouche and harness, yoke of oxen & cart shall be at the diposal of my wife, Sarah Boswell, to dipose of as she----.

5^th My  will is that all my negro slaves be valued & equally divided between my six children, herein after named.

6^th. My will is all the balance of my estate,both real and personal be sold and the proceeds equally divided between my six children herein after named.

7^th My will is enough of my property be sold for cash enough to make all of my children equal in their dowery they have received & then all my negro  slaves to be valued and divided among six children herein after named.

8^th I give and bequeath to my son, Thomas Boswell, thy one sixth part of my estate herein left to be divided among my six children after deducting the sum of nine hundred and fifty three dollars and forty five cents, the amount of property which I have advanced to him out of his portion or sixth part of said estate to him, his heirs or assigns,.

9^th I give and bequeath to my son, James Boswell, the one sixth part of herein left to be divided between my six children, after deducting the sum of  Five hundred and seventy eight dollars the amount of property,

which I have advance to him out of his portion or sixth part, his heirs or assigns forever.

 10^th I give and bequeath to my Eliza Fielder, the one sixth part of my estate, here in left to be divided between my six children, after deducting the sum of five hundred and ninety one dollars, the amount of property which I have advanced to her out of her portion,or sixth part of said estate to her, her heirs and assigns, forever.

11^th I give to Joseph Simpson in trust, for the sale and separate maintenance and support my daughter, Eunice Hurdle, wife of Jacob Hurdle, during her life free from the control and management of her said husband and without any liability for his contracts ,debts, and at the my said daughter and to be equally divided amongst her children, the one sixth part of my estate, includes the negroes which my daughter now has in her possession valued to her with other property at the sum of  Seven hundred and twenty five dollars and fifty cents, which I have advanced to Jacob Hurdle, husband of my said daughter, in payment for negro woman, Margaret, and infant child , bitsy, which said negroes.  I give in advance to my said Daughter, making the whole amount of thirteen hundred and sixty six dollars which said amount she must pay in account to my estate for and then receive such an amount an amount of money and property as will make her equal with the rest of my children, and further I will and desire that Joseph Simpson trustee as aforesaid shall manage the estate of my daughter, Eunice in that way will be most conducive to her comfort either bring the negroes out paying to my daughter the hire or is hereby authorized , to leave them with her, as she may deem best.

12^th I give and bequeath to my son Dixon Boswell, the sixth part of my estate, herein left to be divided between my six children, after deducting the sum of one hundred dollars which I advanced to him out of his portion in ------- for  a horse saddle & bridle and the further sum of seven hundred dollars which I have advanced to him out of his portion or sixth part of said estate to him his heirs and assigns forever.

13^th I give and bequeath to my daughter, Lucinda Pattillo the one sixth part of my estate herein life to be divided between my six children, after deducting the sum of six hundred & tenty six dollars which I have advanced her out of her portion or sixth of said estate to her, her heirs or assigns forever.

14^th My Will and desire is that all the money notes bond and accounts and their effects or the proceeds that not herein beofre disposed of which I may possess at the time of my death, shall be equally divided between my six children, each one accounting for the sum I have advanced to them as herein before named. So that they all shall have received an equal part of my estate herein willed to them on a final settelement.,

Lastly I do appoint, Joseph Simpson and James Farish, Executors of this my last will and testament, hereby revoking all other wills, by me heretofore made, declaring this to be my last will and testament in witness whereof & the said, John Boswell, I have hereunto set my hand, to affix my seal, the day and date above

Mentioned,  Signed and Sealed in the Presence of us:

Witness:

Wagstaff Maynard                                                              John Boswell  (seal)

W S Simpson

Whereas, John Boswell, departed this life, in June 1854, and left a last will and testament, & was admitted to Probate at July county court now be it known that I Sarah Boswell, wife of John Boswell, do hereby appoint Thomas Bigelow, my lawful attorney, for me and in my name to enter in Caswell County Court my dissent to the aforesaid will, of John Boswell, dec’d, in a full and ample manner, as if I were present and acting, Given under my hand and seal this six of July, 1854

Witness:                                                                               Sarah Boswell (seal)

J I Farish

Milton P Mitchell

(Notes:  Thomas Boswell mentioned here as son of John Boswell,  was born Aug 14, 1806 in Caswell Co TN, He then married his Cousin, the dau of Roger Simpson, Sarah D Simpson, by Which he had two sons, John Dixon Boswell and James Thomas Boswell in Giles Co TN, after Sarah’s death, Tom married

Elizabeth Pully the daughter of James Pully and Lucy Moss of Mecklenburg Co, VA, whom then lived in Giles Co TN.  Sarah Boswell (former Patillo –Turner) was John Boswell’s 2^nd wife and not the mother of his children, the mother of his children was Catherine , Kitty, Simpson, sister to Roger Simpson and daughter of Aaron Simpson and Charlotte Wiseheart;  Tom Boswell was born John Thomas Boswell but always used the name Tom, he died in 1870 in Gibson Co TN and is buried in Quincy Cemetery in Crockett Mills, TN ; Comment by:  Sherri Sontag 2004)

©2004 by Contributor,  Sherri Sontag No portion of this any document appearing on this site is to be used for other than personal research.  Any republication or reposting is expressly forbidden without the written consent of the owner.

01/14/2006 

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