March 28th
1847
In the name of God, Amen. Knowing the uncertainty of all human things,
and believing that my disolution is drawing nigh, and that my body must
return to the dust from whence it arose and my spirit to God who gave
it, I make this my last Will and Testement.
I bequeath unto the earth my mortal body, which must molder into dust,
and to God my immortal spirit, which must survive the ruins of the
mortal tenament, for it was he that brought it into existence, and to
him it rightfully belongs.
I give unto my son John R. McClendon all my land lying on the North
side of Pike Creek, joining Wm. McIntyre and others, to the run of said
creek. Also fourteen Acres on the West of the Main Road in the Poplow
Branch, wherever he my choose it, for a situation.
I give unto my sons Thomas A. McClendon and E. Capers McClendon all the
rest of my land, to be divided equally between them. The Timer near the
Rail Road, to be held jointly between my sons John, Thomas, and E.
Capers McClendon - My dwelling house is to be the home of my Daughters
so long as they remain single and no one shall have a right to turn
them out.
I bequeath to my son John McClendon Virgil and Handy, also Minerva; but
her increase is to be divided between my children in the following
manner. John is to have her second child, Thomas her Third, Mary the
fourth etc. according to age. I bequeath unto my son James McClendon,
my boy Jack, which he now has in posession.
I bequeath unto my son Thomas A. McClendon my boys Jenus and Lewis also
my Girl Kitty, but her increase is to be divided as follows viz., her
third child to Thomas, her fourth child to Mary, etc. to each of my
children according to age, if, she has a sufficient number.
I bequeath unto my Daughter Anna McClendon my boy Daniel and girl Lucy,
also, Kitty’s second child.
I give unto my Daughter Mary H. McClendon, Lydia and Esther.
I give unto my son E. Capers McClendon my boy George and girl Rosilla.
I bequeath unto my daughter Eliza, my Girls Harriet and Leah, during
her life time, and if she has any heirs after this time, to them, but
if she has no heir after this, at her death the girls Harriet and Leah
with their increase, are to be divided between my daughters Anna J.
McClendon and Mary H. McClendon. Also, if Anna J. McClendon should die
without any lawfull heir, the propert i.e, Daniel Lucy and Kitty’s
second child shall belong to Mary H. McClendon. And if Mary should die
without any lawfull heir, then Anna J. shall have her property i.e.,
Lydia and Esther with their increase.
I wish my stock of Horses, Cattle, sheep and Hogs, also my household
and kitchen furniture and farming utinsils to remain on the plantation
as they now are and to belong to my children jointly and when one
marries or wishes to leave off, that one may draw his equal part, i.e.,
I want my stock and furniture divided equally among my children, but I
want them to remain together and work together for their mutual benefit
untill married or otherwise necessaring Seperated.
I appoint John R. Mclendon and David McIntyre as executors to the above
will.
This 28th. March A. D., 1847
Signed in the presence of
John (X) McClendon (Seal)
(his mark)
A. R. McDonald
Duncan D. McLean
Thomas A. McClendon
State of North Carolina New Hanover County Court Term 1847
This paper writing contained on one sheet of paper perporting to be the
last Will and Testament of John McLendon deceased is eschilbited to
Court and duly proven by the oath of Duncan D. McLean one of the
subscribing witnesses thereto. Whereupon it is considered by the Court
that said paper writing is the last Will and Testament of said John
McLendon and is duly admitted to probate as such, and ordered to be
recorded and filed. Whereupon John R. McLendon one of the Escecutors
therein named came into court and duly qualified as such.
Teste L. H. Marsteller, Clk.
Cover of Will: Last Will and Testament of John McLendon dec. Recorded
in Book B. pages 321, 322, 324, 325, & 326 Teste L. H. Marsteller,
Ckl.
The above Will of John McLendon, written 28 March 1847, recorded in New
Hanover County, North Carolina Will Book AB, page 469. The Will was
probated June term 1847.
