Will Docket August Court 1865

In the name of God Amen. I K J McCurry of the State of North Carolina & County of Rutherford being very weak & low in Body but of perfect sound minde & memory thanks be to God for his mercy calling to minde the mortality of the body knowing that it is appointed for all men to die do ordain this my last will and testament that is to say principally & first of all I give & recommend my sole to God that gave it & my body I recommend to the Earth to be buried in decent Christian manner. My Executors nothing doubting but a general resurrection I should receive the same again by the almighty power of god, and as touching sutch as any wherein it has pleased God before me within life I give and devise of the same in the following manner and form, I give and bequeath to Lewis McCurry my oldest son all that track of land he now lives on I also give two Philly Downs one negro boy Jerry I give to Martha Crow one boy named Cicero I give Nancy Whisnant negro girl named ________I also give to Linette McCurry one negro boy Ice I also give to my daughter Margaret Toney two Meg & Nancy I also give to daughter Christeny Grayson two negros, Ann & Frank I also give to son Joseph McCurry one negro boy named Sam to be valued by my executors and any one of them that has got the most pay back to make them all Eaven & if any of the negroes dies or is let go any other way the Estate shall make it Eaqual with the others, let all my land be divided Eaqual by law and sell the balance of the property and Sinnico and pay all my just debts and give to the heirs of Elizabeth Proctor to Joseph Proctor Wiley Proctor Margaret Proctor William Proctor ten hundred dollars a piece Simmon McCurry has had his shear and give me his receipt for same when the property sold if their is to pay the debts and give Martha Crow six hundred dollars, Philly____five hundred dollars Smith McCurry two hundred dollars Margaret Toney three hundred dollars Christeny Gryson three hundred dollars Joseph one hundred dollars if sell a piece of the land it is due and give Lin McCurry[?] and I do appoint Joseph Gryson and W Fortion my sole Executors to my last will and testament and do also hereby revoke and disannul all and forevermore testament, wills ____bequeaths and Executors in any wise before made with and bequiths ratifying and confirming this and no other to be my last will and testament in witness where of I have hereunto set my hand and seal this the 30 day of December in the year of our Lord one thousand Eight hundred and fifty-five. Sign sealed in the presease of Nancy Whistant is to have three hundred dollars.

Witness

Eli Whisnant

Isic Earley      K J McCurry [seal]

Micajah and Hannah are buried at Cane Creek Baptist Church in Rutherford county

I, William Fortion of the County of Rutherford & State of North Carolina being appointed by K J McCurry as one of his Executors to this his last will and Testament do on account of my ill health relinquish any and all claims as such and enter my dissent to the same this 31st day of July 1865

K J McCrow    William Fortion

I relinquish any and all claims as Executor of K J McCurry due to the above will, and Enter my dissent to the same This the 2nd day of August 1865
T T Price     J C Gryson


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