Will: Martha Alston, 1830, Warren Co., NC

Warren Co., NC, Will Book 33, p. 69-72
[copy received from North Carolina State Archives]

In the name of God Amen. I Martha Alston of the County of Warren & State of North Carolina being of sound mind and disposing memory, do make,constitute, ordain and declare this to be my last will and Testament,revoking and making void all and every Will heretofore made by me. And as to such worldly Estate as it has been pleased God to bestow on me I dispose of the same in the following form and manner.

In premises. I give and bequeath unto my beloved Husband, Joseph John Alston, the following Negroes to wit, Lucy and her four children, Mary, Lucy, John and Robert, George, Henry, Eliza Henry & Ephraim.

Item: I lend unto Charles M. Johnson as long as he wishes or during his life my Negro girl Martha, and after the loan expires, I give her and her increase to be equally divided between all his children share and share alike to them and their Heirs.

Item: I give and bequeath unto Sally White Kasiah & Nancy and Joe provided Thomas White will pay towards the debts due from Joseph John Alston three hundred dollars to Mitchell & White and Thomas White and if the debts should not be as much as three hundred dollars, the said White is to give as much to Kasiah as to make up the sum of three hundred Dollars to her & her Heirs.

Item: I give and bequeath unto Eliza A. Johnson my Negroes Ellen and child Cloy to her and her Heirs forever. I give unto Eliza A. Johnson one Bed and furniture.

Item: I give and bequeath to Julianna, Athony, Mary and Charles Johnson Children of Robert R. Johnson decsd by his first wife Winifred the following Negroes, Caroline and Harriot with their future increase to them and their heirs forever.

Item: I give and bequeath unto Nathaniel A. Johnson one Bed and furniture.

Lastly: I appoint my Husband Joseph John Alston and my friends & relations Thomas White and Charles M. Johnson Executors to this my last Will and Testament. In witness whereof I the said Martha Alston have hereunto set my hand and affixed my seal this first day of March A. D. 1830.

Martha Alston {seal}

Signed, sealed and acknowledged in presence of

Wm C. Clanton
Doctor G. Williams

Warren County May Sessions 1830

This last will and Testament of Martha Alston decsd was exhibited in open Court for probate, and the execution thereof being proved by the oaths of William C. Clanton and Doctor G. Williams subscribing witnesses thereto, on motion it is ordered to be Recorded. Whereupon Joseph John Alston, one of the Executors therein named qualified in due form of law.

Test C. Drake CWCC

Whereas Martha Alston late of the County of Warren and state of North Carolina, by a certain paper writing purporting to be her last Will, bearing date the first day of March 1830 and attested by William C. Clanton and Doctor G. Williams did bequeath to Charles M. Johnson, Sally White, wife of Thomas White, Eliza A. Johnson, Julianna Johnson, Anthony Johnson, Mary Johnson, Charles Johnson and Nathaniel A. Johnson reprehensively the following property, that is to say, to the said Charles M. Johnson one Negro girl Martha in manner and form as therein set forth.  To the said Sally three Negroes to wit Kasiah, Nancy and Joe upon the condition therein stated.  To the said Eliza A. two Negroes Ellen and child Cloy, and one bed and furniture.  To the said Julianna, Anthony, Mary and Charles children of Robert R. Johnson deceased by his first wife Winifred two Negroes Caroline and Harriot; and whereas I Joseph J. Alston surviving husband of the said Martha, being willing and desirous that the said last Will and Testament, made with my knowledge and approbation, shall take effect, and vest in legatees aforesaid a sure and indefensible title to the property given to them according, to its true meaning and interest, and to remove all possible grounds of doubt or future controversy touching the validity of the said last Will and Testament or the rights of the several legatees aforesaid under the same and furthermore the release to the said legatees whatever interest either in law or in equity which I may have in the property aforesaid, now therefore know ye that I the said Joseph J. Alston in considerations of the premises, and for other considerations, me hereunto moving have ratified and confirmed and by these presents do ratify and confirm the said paper writing purporting to be the last Will and Testament of said Martha Alston as aforesaid; and I do hereby release and forever quitclaim unto the said legatees, and to each of them, their heirs and each of their Executors and Administrators all the right title interest and Estate whatsoever either in law or in equity which I may have and of, in and to the property severally bequeath to them the said legatees as aforesaid, according to their respective rights and interest to and in the same under and by virtue of the said last will and testament.  And I the said Joseph J. Alston doth hereby covenant and agreed to and with the said legatees and each of them, their, and each of their Executors and Administrators and assigns that they the said legatees, their, and each of their Executors and Administrators and assigns shall hold and enjoy the several legatees free from the disturbance, suit or claim of be the said Joseph, my Executors and Administrators forever.  And I the said Joseph J. Alston, having qualified as Executor of the said last Will and Testament, do hereby as such Executor do hereby transfer, make on and deliver to the said legatees the property given to them by their Testatrix, the said Martha as aforesaid.  In witness whereof I have hereunto set my hand and seal this ___ day of March 1830.

J. J. Alston (seal)

Test: William C. Clanton

Warren County, made session 1830.

The foregoing instrument of writing being exhibited in open court, and the execution thereof Joseph J. Alston, being proved by the oath of William C. Clanton the subscribing witness thereto, it is therefore, on motion, ordered to be recorded.

Test: C. Drake CMCC

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