Will: Edward Alston, 1856, Warren Co., NC.

Warren Co., NC, Will Book 49, p. 51-54

(Copy received from North Carolina State Archives)

I Edward Alston of Warren County and the State of North Carolina being of sound mind and disposing memory, do make and publish this my last will and testament, here-by revoking all former wills heretofore executed by me.

Item 1st To my sons Nicholas F. Alston, Alfred Alston, and William T. Alston respectively, I give all of the Negroes hereto-fore put in their possession by me, with all of their present increase and all future increase from the date of this will, it being my purpose hereby to confirm the gifts of said slaves already made by me to them.

Item 2d I give to my son Edward Alston the following slaves, to wit, Bob, Caesar, Jesse, George, Stephen, Henderson, Jo, Albert, Winny, and child, Minerva, Rebecca, Ann, Patsy, Rachel the younger, Penny, Serena, John, Lewis & Ancilles, with all of their increase from the date of this will, also one half of the net proceeds of my crop of tobacco and wheat for the present year to be made to my son Edward Alston the expense of the [illegible] to be first deducted out of the proceeds of the sales. I also give to my said son and his heirs until the death of my wife, my tract of land in Franklin County, containing about eight hundred and thirty [illegible] acres, it being the [illegible] of the tract bought by me of Joseph J Williams, after I gave nine-teen hundred and thirty three acres of the same by deed to my son Alfred Alston.

Item 3rd After the death of my wife I give to my son Edward Alston and his heirs for ever, the tract of land where-in I now live, and after that time I give to my Daughter Mary D. Alston and her heirs the aforesaid tract of land in Franklin County containing about eight hundred and thirty one acres.

Item 4th I give to my daughter Mary D. Alston the following Negroes to wit, Adeline, Cherry, and Sophia.

Item 5th I give to my son William T. Alston a Negro girly by name Susan, together with the money already advanced by me to him amounting to almost four thousand two hundred dollars.

Item 6th I give to my grandson [word scratched out] Edward [this is written above the scratched-out word] Alston, son of the said Alfred Alston, a Negro boy by name Leonidas.

Item 7th All of the balance of my Negroes are to be kept together until my daughter Mary D. Alston shall arrive at twenty one years of age or marry, and then she is to take one third part thereof. The residue of said slaves are to be then kept together until the death of my said wife, and after her death one half of the said residue is to be disposed of according to the directions of her will, and the other half is to be equally divided between all of my children.

Item 8th I give to my beloved wife Martha H. Alston during her life, the tract of land whereon I now reside. I also give to her the proceeds of the labor of my slaves mentioned in the preceding item of my will during the time they are to be kept together, which said proceeds I give to her absolutely.

Item 9th After the share of my daughter Mary has been allotted to her according to the provisions of the 7th item of my will, I do not require that the residue shall be kept together until the death of my wife, if she shall find it best for her interest or convenience to have a division before that time but she is to have it in her power to have a division made as soon thereafter as she chooses, and upon such division, she is to hold one half absolutely and the other during her life. And at any time after the share of the said Mary has been allotted to her as aforesaid, my said wife is to have the right to dispose of any of the residue by deed or will pro-vided she does not dispose of more than one half of said residue of slaves, and if she should die without disposing of her half of the said residue, the same is to go to her next of kin ac-cording to the act of Assembly. And I do explicitly direct that my said wife is to have and enjoy all of the rights, powers, and privileges mentioned  in this item of my will, in a full and ample manner, not withstanding what  has been already said in the 7th item of this my will.

Item 10th All of the residue of my estate after the payment of my just debts, I give to my said wife.

And I do hereby nominate and appoint my sons Nicholas F. Alston, Alfred Alston,  William T. Alston, and Edward Alston executors of this my last will and testament.

In testimony whereof I have hereunto set my hand and seal this 12th day of February A. D. 1856.

Edwd Alston {seal}

Witness

This paper writing purporting to be the last will & Testament of Edwd Alston decd was propounded for probate in open court by Nicholas F. Alston one of the Executors therein named and the due execution thereof by the said Edward Alston was proved by the oath and examination of Archibald D. Alston, one of the subscribing witness thereto. It is therefore considered that the said paper writing is the last will & Testament of the said Edward Alston and the same is ordered to be recorded and filed. And Thereupon the said Nicholas F. Alston in open court renounced his right to execute any & all wills to which the said Edward [sic] Alston was Executor and duly qualifies as Executor of the said Edward Alston alone by taking the usual oath required by Law.

Test

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