Helon Cutler has discovered the Last Will & Testament of Henry King, from Cumberland County, North Carolina, in Henry County, Alabama. Henry may have been from the Bluff section of this county. Thank you for sharing his will with us, Helon.
Note: Catharine McAllister, daughter of Alexander McAllister & Jane Colvin, married James McNeill. Their children were David, Alexander, Loveday J., Ronald, John, James, Flora Eliza, and Charles. David married Flora Atkins. Alexander died unmarried. Loveday J. married Henry R.King. She was his second wife; they had no children. ( Read about Alexander McAllister & Related Families ) Myrtle Bridges.
In the name of God, Amen: I, Henry King of the State of North Carolina and county of Cumberland being of sound mind and perfect memory do this sixteenth day of November in the Year of our Lord one thousand eight hundred and twenty one, make and establish this my Last Will and Testament in manner and form following, that is to say:
I. I give, will and devise all my part or residue of my estate that is not willed and named in the following items to be sold used the money arising shall be appropriated to the payment of my just and lawful debts should there be any over plus, my rifle gun reserved to my son Henry James; the residue to be equable divided amongst my three youngest sons, viz: Michael, Henry James and Joseph.
II. I give, will and devise , bequeath and transfer to my loving wife, Barbara during her natural life the upper North East part of the plantation where I now live containing sixty-six acres, together with the two negroes named, Taff and Chamy. I also give her one yoke of oxen and a cash, as much corn and pork as will serve her and her family one year, four cows and yearlings, all my flock of sheep, one sorel mare named, Lancy and sow and pigs, two sows and ten dry hogs running about where I now reside with as much corn and fadder as will support them one year, one of the best beds and furniture, two ploughs and gear, one good cutting axe, one lightwood axe, three good weeding hoes and one Grubbling hoe, with all the household and kitchen furniture, also the privilege of oaking rails from the lower part of the plantation to repair the upper, the land and negroes above mentioned at the expiration of her said Barbara's natural life is to be equally divided among my four young daughters, I. E. Barbara, Sarah, Elizabeth Ann & Eliza.
III. I give and bequeath unto my son, Ezekiel, one negro girl named Ellen, likewise two thirds of the money arising from the proceeds of the land which I purchased from Thomas Gilmore, on which said Ezekiel now lives which I will to be sold for a dividend.
IV. I give and bequeath to my daughter, Mary Ann one negro girl named Dely to be her and the heirs of her body forever.
V. I give and bequeath unto my son, Michael, one negro girl named Lucy, also one third of the remainder of the proceeds of the said land whereon Ezekiel now lives.
VI. I give and bequeath unto my son, Henry James, one negro boy named Linsay, also the other two third of the money arising from the sale of the land above mentioned and my rifle gun.
VII. I give and bequeath unto my son, Joseph the remaining lower or South West part of the plantation whereon I now live, on which my life has not an estate in containing of sixty acres, also a negro boy named, David.
VIII. I give and bequeath unto my daughter, Barbara, one negro girl named, Harriet and one bed and furniture.
IX. I give and bequeath unto my daughter, Sarah, one negro girl Mary and one bed and furniture.
X. I give and bequeath unto my daughter, Elizabeth Ann one negro girl named Serena if said negro lives until she is one year old and if not the next succeeding child of Dolly or Jeny, also a bed and furniture.
XI. I give and bequeath unto my daughter, Eliza the first born child of Dolly or Jenny that lives to be one year old, also a bed and furniture. Should neither of them have a child to live to the age of twelve months her portion is to be made equal to those of her borthers and sisters in ratable proportion by taking from the allowance and make them.
XII. I will and devise that my negro boy Ned be hired out for the purpose of schooling my son, Michael six months and schooling and supporting my four youngest daughter, viz: Barbara, Sarah, Elizabeth Ann and Eliza at which time my youngest daughter receives her education (all to read and write a good and legible hand). I wish to be kept on hire until the youngest becomes of age then I leave it optionary with my executors to continue to hire him out or sell him the children being educated, the monies arising from hire or hire and sale. I wish it to be equally divided between my four youngest daughters above mentioned, also a negro named Dolly and the increase of her if any there shall not be mentioned in the above items shall be divided between the said Barbara, Sarah, Elizabeth and Eliza when the said negro girl Doll has done bearing, Doll is to remain on the plantation to aid in schooling and supporting the children until their education is completed, then to be hired out and the proceeds of her hire to be equally divided between my four daughters last mentioned daughters likewise a negro girl by the name of Jenny she and her increase to be divided between Michael and Henry James at the time she is done bearing if any there shall be and not mentioned in the above items. Should either of my three youngest sons die before they come to the years of maturity, or without a lawful heir it is my wish that his part of the property be divided between his other two brothers, likewise should one of my four youngest girls die before before they come of age or heir a lawful heir. I wish her portion or portions of the property to be divided amongst the balance of her sisters viz: the four last mentioned. And I nominate, constitute and appoint my loving wife executrix and my son Henry James executors of this my Last Will and Testament. In witness whereof I have hereunto set my hand and seal bearing date as above mentioned. Signed, sealed, published and delivered by the said testator Henry King as and for his Last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said testator. The undo proceeds in the twentieth line and the word daughter in the forty sixth him interlived before lisied??} Henry King [Seal]
State of North Carolina, Cumberland County Court of Pleas August Session. March Term, 1822: The Last Will and Testament of Henry King proven by the oath of *Michael D. King and **Nathan King subscribing witnesses. Barbara King and Henry James King executors therein named qualified as such. Ordered that Letters testamentary issue.
State of North Carolina, Cumberland County: I, John L. Atkins, Clerk of the Court of Pleas and Quarter Session of Cumberland County and the state aforesaid do hereby certify that the foregoing writing purporting to be the Last Will and Testament of Henry King, dec'd is a true copy of the said Will as recorded and on file in the office of said court and that the writing purporting to be the entry of Probate had thereof is a true copy of the Probate of said Will faithfully copies from the minutes of said court. In testimony, whereof I have hereunto set my hand and affixed the seal of my office and of the said court at Fayetteville in the county aforesaid this 5th day of Jany A.D. 1837. John L. Atkins, Clk
State of North Carolina, Cumberland County: I, Benjamin Robinson chairman of the county court of Cumberland do hereby certify that John L. Atkins is at this time the acting clerk of said county court and that credit is given to his official acts. Jany 7th 1837.
Recorded 24th May 1839. Wm. R. Kelly, Clk. Benj. Robinson, Clk. [Seal] Henry County, Ala. D Bk A - p/386-387
*March 12, 1845 Issue Fayetteville Observer: Died in this county (Cumberland) on the 2nd, Mr. Michael D. King, aged 55.
**March 19, 1845 Issue Fayetteville Observer: Married in Bladen County (NC) on the 11th, Mr. Nathan King, of this county to Miss Mary McDougald, daughter of Hugh McDougald. April 17, 1849 Issue Fayetteville Observer: Died in this County on the 18th, Nathan King, Sr., aged 54 years.
Fayetteville Observer Marriage & Death Abstracts 1841-1850 - Bessie Hubbard Tyner
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