WILL OF THOMAS LITTLE 1854
Transcribed from a photocopy of the original by Ruth Duncan of Tujunga, CA
Posted September 5, 2010 by Myrtle Bridges
Written 1854 Proved 1855
In the name of God, Amen
I Thomas Little of the County of Richmond and State of North Carolina, planter, having lived to an advanced age, and knowing the uncertainty
of life, and being desirous of disposing of the effects with which God has entrusted me, while I have strength and capacity so to do, I hereby
make, publish and ordain the following as my last will and testament, in manner and form following, that is to say first, I give my soul to God
who gave it, and desire that my body shall be decently interred, at the discretion of my surviving friends: and as to my worldly effects I
dispose of them as follows (to wit)
Item 1st. I give and bequeath unto my beloved wife Elizabeth Little and to her heirs forever, four negroes (to wit,) Little Reau, Caudis,
Clary, and Dinah. I also loan unto my beloved wife aforesaid, during her natural life in lieu of her dower, the following property, to wit,
the one half of all the lands I may die seized and possessed of in the Counties of Richmond and Montgomery in the State of North Carolina,
except such part as I may herein-after devise to my son John P. Little and my summer residence on "the mountain" in the County of Montgomery,
containing about four acres: also the one third part of all my stock of every kind, my household and kitchen furniture, farming utensils of
every kind, and also the one third part of whatever crop and provisions I may have on hand at the time of my decease. I also loan my beloved
wife aforesaid, during her natural life, a sufficient number of negroes in valuation, including the four negroes above devised, to make an
amount equal to one fourth of all the negroes I may own at the time of my decease. I further loan unto my beloved wife as aforesaid, one
hundred and forty shares of Bank stock, in the "Bank of Wadesborough," North Carolina. All the aforementioned property, real and personal,
Bank stock etc loaned as aforesaid, after the death of my wife, I wish distributed as I may herein after direct.
Item 2nd. It is my will and desire that my beloved wife Elizabeth Little and my son and daughter, Benjamin F. Little and Jane P. Little have
and enjoy in common, the lot of about four acres of land, with the appurtenances thereunto belonging within Item 2nd of Montgomery, known as
my summer residence, during the life of my said wife, and at her death, to be and remain in common between my son and daughter Benjamin F.
Little and Jane P. Little, as a summer residence.
Item 3rd. I give and bequeath unto my son John P. Little during his natural life, and at his death to be distributed as I may herein-after
direct, all the lands which I bought from Robert L Steele, situated in the counties of Richmond and Montgomery in the state of North Carolina;
except three hundred acres of piney lands:-Two hundred acres of which I wish laid off beginning where P. N. Stanback's line crosses the road
leading from my plantation to the mountain, and North of the road leading from Little's Mills on Little River to Dumas' ferry, and running with
the first mentioned road to the corner of the fence inclosing John P Little's summer house at the mountain, and then turning a westerly
direction with the fence, not crossing the County line however, going far enough to turn a southerly direction so as to join the lands I
bought from Dudley Mask, and include three hundred acres of land: and the other hundred acres, I wish laid off between the North and South
prongs of Hamer Creek, in as convenient form as my be, having regard to the interest of all my distributees. I further give and bequeath to
my son John as aforesaid during his natural life the following negroes (to wit) Will, Mary, Eli, Dave, Una Jane, Sam, Peter and Jake, all of
which he has in possession, together with a sufficient number of other negroes, including those above mentioned, to amount in value to the one
fourth part of all the negroes I may own at the time of my decease. I also give unto my son John as aforesaid forty seven shares of Bank stock
in the Bank of Cheraw, South Carolina, and one hundred and twelve shares of Bank stock in the Bank of Wadesborough North Carolina.
Item 4th. I give and bequeath unto by son Benjamin F. Little and my daughter Jane P. Little all my remaining negroes, being the one half of
all the negroes I may own at the time of my decease, and also one half of all the lands I may own at the time of my decease, except the lands
I have devised to my son John in the former part of this my will, and the lot of four acres on the mountain heretofore disposed of, and at the
death of my wife aforesaid it is my will and desire that my son B. F. Little and daughter Jane P Little have all the lands I have loaned their
mother in the first and Second items of this my will, to be equally divided between them. I further give and bequeath unto my son and daughter
viz [B. F. ?] and Jane P Little two thirds of all my stock of every kind, my household and kitchen furniture, farming utensils of every kind,
and whatever of crop and provisions I may have on hand at the time of my decease.
Item 5th. I give and bequeath unto my son Benj. F. Little one hundred and eighty three shares of Bank stock in the Bank at Charlotte North
Carolina, and thirty one shares of Bank stock in the Bank of Cheraw, South Carolina.
Item 6th. I give and bequeath unto my daughter Jane P. Little one hundred and twenty two shares of Bank stock in the Bank of Cheraw, South
Carolina.
Item 7th. I further give and bequeath unto my son B. F. Little and my daughter Jane P. Little at the death of their mother, all the stock of
every kind, household and kitchen furniture, farming utensils etc which may be on hand at the time of her decease.
Item 8th. I give and bequeath unto my sons J. P. Little and B. F. Little and to my daughter Jane P Little, at the death of their mother all
the negroes with their increase, which I have loaned her in the former part of this my will, also all the Bank stock I have loaned her in the
Bank of Wadesborough, North Carolina. I further give and bequeath unto my two sons and daughter aforesaid, after discharging my funeral expenses
and the payment of my just debts, if any, which I may owe at the time of my decease, all the balance of my monies, bonds notes etc not heretofore
devised, together with all the balance of my estate, of whatever kind or nature, which I may own at the time of my death, to be equally divided
between them, share and share alike. It is my will and desire at the death of my son John P. Little, that all the property both real and
personal, including Bank stock, monies, bonds, notes etc which I have devised to him in this my will, together with such other property (if any)
as may fall to him by reason of a contingency that may happen, consequent upon the further provisions of this my will, - shall be equally divided
between his two daughters Jane Elizabeth Little and Sarah Ann Little the issue of his first marriage with Sarah Ann Covington and any other
issue of the said John P. Little except his son by his second marriage with Fanny Myers (not yet named by him) now about fourteen months of age,
to whom I leave only five dollars, it being my will and desire that the said son by his second marriage with Fanny Myers shall receive nothing
above that amount (five dollars) of the property real or personal, monies, bonds, notes etc, which I have loaned to my son John P Little for the
term of his natural life. And should all the issue of my said son John die, it is thus my will and desire, that all the property both real and
personal, including Bank stock, monies, bonds, notes etc, as aforesaid, with all its increase, go to my son B. F. Little, and my daughter Jane
P. Little, if living, and if dead to their issue if any, and if they have no issue, then to my next of kin. It is further my will and desire,
that should either my son B. F. Little, or my daughter Jane P. Little, die without issue, that all the property both real and personal, including
Bank stock, monies, bonds, notes etc as aforesaid, which I have devised to him or her in this my will, shall then go to the survivor, and my
son John, if living, and if dead, to his issue, and if he has no issue, then to my surviving son or daughter. But the issue by his second
marriage with Fanny Myers, a son not yet named by him, is always and in every case excluded, it being my will & desire that the said son shall
upon no contingency, receive any portion of the property real or personal which I have herein before devised, further than the amount (five
dollars) which I have to him bequeathed. And finally it is my will and desire, that should all my children die leaving no issue, or if leaving
issue, the issue should die, that all the property both real and personal, including Bank stock, bonds, notes, monies etc which I have devised
in the various clauses of this my will, after the death of my beloved wife Elizabeth Little, shall descend to my relations by consanguinity
according to the laws now in force in the state of North Carolina. For the purpose of carrying the provisions of the foregoing will and
testament into effect, I hereby nominate constitute, ordain and appoint, my two sons, John P. Little and Benjamin F. Little, my nephew Thomas
Robinson (of the County of Anson) and my particular friend P. M. Powell, - my executors; hereby making void all former will or wills heretofore
at any time by me made. In witness whereof I have hereunto set my hand and seal, this twenty first day of June, in the year of our Lord one
thousand eight hundred and fifty four. Signed, sealed, published and proclaimed by the said Thomas Little, as his last will and testament, in
the presence of us who have hereunto subscribed our names as witnesses
Attest O H Dockery
W. P. Stanback Thomas Little (Seal)
J. A. H. Parker
Nathan T. Bowden
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