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Wilkes County Wills, Part 7 |
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Noncupative Will of JAMES BROWN |
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State of North Carolina, Wilkes County Aug 25th, 1814 Whereas JAMES BROWN deceased on Saturday the day of this instant, the day before his death which was on day the 14th instant, being asked by his sister LEANNAH CHAPMAN respecting his circumstance & what should be done with his property suposing he should die his reply was for her to do with that as she pleased & from that time he did not any more about it there was some bystanders there present at that time which was JOHN N. GREER & GEORGE CHAPMAN. State of North Carolina, Wilkes County August 25th 1814 Ths day came JOHN N. GREER before me & made oath in due form of law and saith on Saturday the day before JAMES BROWN deceased the said BROWN was in a low State of health but in his senses, & was asked in his presents by LEANNAH CHAPMAN what he wanted to be done with his property if he should die his Reply was for her to do with it as she pleased. GEORGE CHAPMAN came before me the Subscribing Justice for said County & made oath in due form of law & saith that he heard JAMES BROWN say the same words in answer to what he was asked by LEANNAH CHAPMAN for her to do with his property as she pleased as is stated in the above by MR. GREER. Sworn to & Subscribed before me this 25th day of August 1814. JOHN N. GREER GEORGE CHAPMAN Test JOHN M. JONES, J.P. North Carolina Wilkes County October Term 1814 The foregoing Noncupative Will of JAMES BROWN dec'd was duly proven in open court by the oath of JNO. N. GREER & GEORGE CHAPMAN. Test R. MARTIN, Clk
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Will of JOHN BROWN |
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In the name of God Almighty and All Mercifull. The last Will and Testament of
JOHN BROWN the Elder of Wilkes County, North Carolina made & concluded in manner
& form as follows. My soul I recommend to the God that made & preserved me. My
body to be decently entered at the discretion of my Executors, herein after to
be named. & as to my worldly property, that God in the course of his providence
has blessed me with I do give & bequeath unto my beloved wife JANE BROWN during
her natural life the following Negroes, APPER, MIMA, JOE, PETER, MALTA,
GEORGE & JAMES. Likewise, all the household & kitchen furniture, also all my
stock of horses, cattle, sheep & hogs, with all the farming utensils & at her decease, the above property to be divided equally between my sons HUGH, HAMILTON, THOMAS & ALLEN, & my Daughters ANN & MARGARETT taking from the girls part the price of two Negroe girls to be hereafter devised. Second. I give to my daughter ELIZABETH STUART a Negroe girl called LEAH. To my daughter ANN a girl called MILLEY. To my daughter MARGARETT a girl called DINAH. Thirdly. It is my will & desire that all the lands that I hold in the state of North Carolina including the place whereon I now live shall be sold by my Executors and the amount of such sales to be equally divided between HUGH, HAMILTON, THOMAS, ALLEN, ANN & MARGARETT. Fourthly. It is my will & desire that all my lands in the State of Tennessee land warrants shall be disposed of as follows, the tract of land on Knob creek of two thousand acres in my own name, Fifteen hundred acres of which belongs to me the other five hundred acres belongs to my son ALEXANDER, five hundred acres of said tract I give to my son, HUGH. Five hundred acres to my son HAMILTON & the other five hundred acres to be equally divided between my Daughters ANN & MARGARETT, & my land at the place called the bent of Duck River of Six hundred and two acres in the name of WILLIAM BROWN whose obligation I have for a conveyance I give to my son JOHN. & that all the rest of my lands and land warrants that I claim in Tennessee shall be divided by my Executors, as they think proper, amongst my children. Fifthly. It is my will & desire, that of the money due me, that my executors shall pay all my just debts & if any money remains, to be applied to the use of my Wife, and my four youngest Sons, and my two youngest Daughters. Sixthly. It is my desire that if there is any thing not named in this Will, my Executors shall make the necessary disposition of the same for the use of the Legatees. I have heretofore given to my son JAMES a tract of land worth twelve hundred dollars, & two hundred dollars in cash. to my son WILLIAM I gave a tract of land worth eight hundred dollars & two hundred & seventy nine dollars in cash. To my son ALEXANDER I gave a track worth One thousand dollars. & to my Daughter ELIZABETH I gave a tract worth two hundred dollars, and Seventy dollars in cash. Seventhly & Lastly. It is my wish & desire that if any of the Legatees shall be dissatisfied with this my last Will, that in such case, I wish my Executors, & they are specially directed to he, she or they who may be dissatisfied, nothing more than ten pounds for their full portion of my Estate. & I do hereby appoint my sons JOHN BROWN & HAMILTON BROWN my Executors, to this my last Will & Testament hereby revoking & disannulling all former Wills, Gifts or bequeaths by me heretofore made & pronounce this to be my last Will & Testament. In Testimony whereof I have hereunto set my hand & seal this 3d day of February 1812. JOHN BROWN Signed, Sealed & Acknowledged in presence of us SOLOMON DOSS JEREMIAH CHRISLE ("X" his mark) North Carolina Wilkes County May Term 1812 The foregoing Will was duly proven in Open Court by the Oaths of SOLOMON DOSS & JEREMIAH CHRISLE. Test R. MARTIN, Clk A Codicil to JOHN BROWN's Will In the name of God Almighty & Almercifull, I JOHN BROWN the Elder of Wilkes County in the State of North Carolina, having heretofore made a last Will & Testament for the disposition of my own affairs & the appropriation of my own Estate, real & Personal: And now reattesting that I have long acted as Executor to the last Will & Testament of HUGH MONTGOMERY, formerly of Salisbury now deceased & having also been appointed & acted as a Trustee of the said HUGH MONTGOMERY now deceased & held certain property both real & personal by virtue of a Deed of Gift in trust Executed by the said HUGH MONTGOMERY on the 13th day of December in the year of our Lord one thousand Seven Hundred & Seventy Nine for the benefit of his two youngest children REBECAH, now the wife of JAMES WELBORN & RACHEL now the wife of MONTFORT STOKES. I have thought proper to add this as a Codicil to my said last Will & Testament, hereby ordaining & declaring the said Codicil to be part of my said last Will & Testament do publish the same for the benefit of the Heirs of the said HUGH MONTGOMERY & for the benefit of those for whom I hold the Trust Estate aforesaid. And first, I hereby nominate constitute & appoint my beloved son JOHN BROWN Trustee for the purpose of carrying into effect the Trust confided to me by the said HUGH MONTGOMERY now deceased. Thirdly. I do hereby vest the said JOHN BROWN with all the right, power & authority which I myself have or had as Executor of the last Will & Testament of the said HUGH MONTGOMERY now deceased & desiring that he may execute the same for the benefit of those concerned according to the true intent & meaning of the said last Will & Testament. Fourthly. I do hereby vest the said JOHN BROWN of Tennessee with all the right, power & authority which I myself have or had as Trustee of the late HUGH MONTGOMERY deceased & do hereby give grant, alien, convey & confirm bequeath unto him all the Estate, Right, Title and claim of & to the Estate both real & personal held by me as Trustee aforesaid, & not already conveyed or delivered over or fulfilment of the said Trust. And that he hold the property for the benefit of the said JAMES WELLBORN & REBECAH his wife, & the MONTFORT STOKES & RACHEL his wife & their and Each of their Heirs & Assigns forever. Fifthly & lastly. I desire that my said son JOHN BROWN may Execute the Trust hereby reposed in him, as Executor & Trustee according to the true intent & meaning of the said last Will & Testament of HUGH MONTGOMERY deceased & according to the true intent, purpose & meaning of the said Deed of Gift in Trust of him the said HUGH MONTGOMERY deceased in as full, perfect & ample manner as I myself could or might have done. In testimony whereof I have hereunto set my hand & affixed my seal to this Codicil to my last Will & Testament, & do acknowledge & publish the same as my act & deed this third day of February in te Year of our Lord One thousand Eight Hundred & twelve. JOHN BROWN Signed, Sealed & Acknowledged in Presence of SOLOMON DOSS JEREMIAH CHRISLE ("X" his mark) North Carolina Wilkes County May Term 1812 The foregoing Codicil was duly proven in Open Court by the Oaths of SOLOMON DOSS & JEREMIAH CHRISLE. Test R. MARTIN, Clk |
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Will of JOHN BYRD |
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State of North Carolina, Wilkes County In the Name of God Amen, March 16th, 1814 I JOHN BYRD being sick in body, but sound in mind & memory, expect to commit my body to the dust & my soul to the Lord who give it & I give & bequeath my worldly goods as follows, One rifle gun to my son JAMES in ordinary & the rest to my wife MARY BYRD as long as she lives, & at her death an equal division to be made amongst all my Children, BRAXTON BYRD and JESSE ADAMS Executors & this is my last Will & Testament JOHN BYRD Test JOHN SPARKS JAMES BROOKS ("X" his mark) JAMES BYRD North Carolina Wilkes County May Term 1814 The above Will was duly proven in open court by the oath of JAMES BROOKS. Test R. MARTIN, Clk |
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Will of JOHN CASS |
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In the Name of God Amen I JOHN CASS of the State of North Carolina & County of
Wilkes being very sick & weak of body but of perfect mind & memory thanks be to
God for his mercies, calling unto mind the mortality of my body & knowing that
it is appointed for all men once to die, do make and ordain this my last Will &
Testament that is to say principally & first of all I give & recommend my soul
into the hand of Almighty God that give it, & my body I recommend to the Earth
to be buried at the discretion of my Executors hereafter named, & as touching
such worldly Estate wherewith it has pleased God to bless me with I demise &
dispose of the same in the following manner & form. First I will my beloved Wife
REBECCAH CASS all my Estate both real & personal of whatsoever kind or degree
during her natural life or widowhood she pay to each of my Children the sum of
five shillings. Viz, to WILLIAM CASS five shillings, JAMES CASS five shillings.
And after my wife decease I will that the Estate both real & personal be equally
divided between WILLIAM CASS & JAMES CASS my sons, I likewise ordain, constitute
& appoint JAMES CASS sole Executor of this my last Will & Testament, utterly
denying any former Will or Testament by me in any wise made ratifying and
confirming this and no other to be my last Will & Testament. In witness hereof I
have hereunto set my hand & seal the Eighth day of August in the Year 1813. J CASS ("D" his mark) Signed, Sealed & Delivered by the said JOHN CASS as his last Will & Testament, in the presents of us who is in the presents of each other have Subscribed our names. Test JOHN FITTS WILEY FITTS North Carolina Wilkes County May Term The foregoing Will was duly proved in Open Court by the Oath of JOHN FITTS. Test R. MARTIN, Clk |
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Will of ROBERT CLEVELAND |
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In the Name of God Amen, I ROBERT CLEVELAND of the County of Wilkes & State of
North Carolina, being sick & weak of body yet through the mercies of God of a
sound & perfect understanding & memory do constitute this my last Will &
Testament & desire it may be received by all as such & first I give my soul to
God who gave it my body to the earth from whence it was taken in hopes of a
blessed Resurrection from thence at the last day & as to my worldly Estate I
will & positively order that my just debts & funeral charges be paid. Item. I give & bequeath to my well beloved Wife SALLEY CLEVELAND one sorrel mare called cash & two cows & calves, two sows, two ewes, one feather bed and furniture, one large chest & the kitchen furniture as much of it as she pleases or all the cubbard, table and chears. Item. I lend my wife SALLEY CLEVELAND the part of the Plantation from the Still-house branch eastward joining Esq FLETCHER during her Widowhood. Item. I give & bequeath to well beloved son PRESLEY CLEVELAND my plantation from the Still house branch & upward, & all the Plantation til the death, or widowhood of my Wife, & my new waggon also my still & all belonging to her. Item. I give & bequeath my well beloved son HARVEY CLEVELAND one gray mare, saddle & bridle. Item. It is my desire that all my Estate both real & personal be brought forward immediately after my decease & sold to the highest bidder amongst my children & all my children to have and equal part. Item. I give & bequeath to my well beloved Grand Daughter PATTY CLEVELAND one Hundred Dollars when she marries or arrives the age of twenty one years. I do appoint & constitute my well beloved sons LARKIN CLEVELAND, JEREMIAH CLEVELAND & ELI CLEVELAND Executors of this my last Will & Testament & trust for my Wife & Children. In witness whereof I have hereunto set my hand & seal this twenty sixth day of April in the Year of our Lord One thousand hundred & twelve. ROBERT CLEVELAND ("X" his mark) Test JOSEPH W. NEIL AND'W VANNOY THO'S FLETCHER North Carolina Wilkes County August Term A.D. 1812 The foregoing Will was duly proven in Open Court by the Oaths of JOSEPH NEIL & ANDREW VANNOY. Test R. MARTIN, Clk |
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Will of DANIEL GULLET |
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In the Name of God Amen I DANIEL GULLET of the State of North Carolina & County
of Wilkes being weak in body but of a sound mind & memory & calling to mind the
mortality of my body knowing that itis appointed for all men once to die do make
& ordain this to be made my last Will & Testament & first I leave my Soul to God
who gave it & my body to the Earth from whence it was taken & of as the worldly
goods that it hath please Allmighty God to so endow me with, I leave in manner
as followeth- Viz 1st. I give & bequeath to my beloved Wife MARY one half of my land whereon I now live, one bed & furniture & all my household furniture during her life or widowhood, then to dispose with the other part to my son JESSE GULLET. I give to my daughter REBECAH ADAMS - £ 0"5"0 Allso to my son WILLIAM GULLET - £ 0"5"0 Allso to my daughter ELIZABETH ADAMS - £ 0"5"0 Allso to my daughter SARAH LIPS - £ 0"5"0 Allso to my daughter VILET FAIRCHILD - £ 0"5"0 Allso to my son JOHN GULLET - £ 0"5"0 Allso to my son JAMES GULLET - £ 0"5"0 Allso to my daughter MARY GULLET - £ 0"5"0 Allso to RACHEL LOGINS - £ 0"5"0 In all the remainder of my Estate Real & personal leave to my son JESSE GULLET whom I have appointed to be the whole Executor of this my last Will & Testament. In witness whereof I have hereunto set my hand & affixed my seal this 30th day of July 1813. DANIEL GULLET ("X" his mark) In presents of ANDREW VANNOY NATH'L VANNOY RICHARD BOWEN May Term 1815 Duly proven by the oath of ANDREW VANNOY. Test R. MARTIN Clk. |
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Will of OWEN HUMPHREY |
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In the Name of God Amen I OWEN HUMPHREY of Wilkes County & State of North
Carolina being of sound & perfect mind & memory blessed be God, do this
twenty-sixth day of March in the Year of our Lord one thousand eight Hundred &
ten make & publish this my last Will & Testament in manner following that is to
say, first I give & bequeath unto my beloved Wife MARY HUMPHREY one feather bed
& furniture, one horse & saddle, one pewter dish & six plates & two basons & one
cow & calf. It is my Will that my other property should be sold & the money
equally divided amongst my Seven Children born of my last Wife that is to say,
NANCY HUMPHREY, CATY HUMPHREY, JESSE HUMPHREY, ALLEN HUMPHREY, BETSEY HUMPHREY,
SUSANNA HUMPHREY & RACHAEL HUMPHREY except my land which is my desire that my
Wife MARY HUMPHREY should live on uninterrupted in order to raise her children
during her natural life or widowhood & at her death or marriage it is my will
that my land which I believe to be about two hundred & fifty acres should also
be sold & the money equally divided amongst my seven children allready named
that is to say NANCY HUMPHREY, CATY HUMPHREY, JESSE HUMPHREY, ALLEN HUMPHREY,
BETSEY HUMPHREY, SUSANNAH HUMPHREY & RACHEL HUMPHREY. And I hereby make & ordain
my worthy son JOHN HUMPHREY Executor & my beloved Wife MARY HUMPHREY Executrix
of this my last Will & Testament. In witness whereof I the said OWEN HUMPHREY
have to this my last will and testament set my hand & seal the day & year above
written. Signed Sealed & published & declared by the said OWEN HUMPHREY the Testator as his last Will & Testament in the presence of us who were at the Signing & Sealing thereof. OWEN HUMPHREY ("O" his mark) WM. HULME ABRAHAM RATCLIFF ("X" his mark) OWEN HUMPHREY JNR. ("p" his mark) North Carolina Wilkes County Aug't Term A.D. 1812 The forgoing Will was duly proven in Open Court by the Oath of WM. HULME. Test R. MARTIN, Clk |
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Will of JOHN JONES |
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Be it remembered that JOHN JONES of Wilkes County, North Carolina, on the night
of 4th February 1813, being in low health but of sound & disposing mind desired
the following memorandom be made, & that his property be disposed of in the
following manner, in case of his Death. 1st. That al his just debts, if any there is to be paid. 2d. If he should die that he be buried by the side of his brother, LARKIN, & that head stones be provided with proper ingravings placed to both graves. 3d. That his brother HUGH JONES have his horse over an equal share. 4th. That his sister LUCY JONES have his desk, & that BETSEY have one trunk & NANCY, LUCY & BETSEY have of his books such as are suitable for them. 5th. That his brother THO'S JONES have his watch, & his niece DELPHIA JONES have a little trunk. 6th. That the ballance of his property be divided equally between his Parents & all his Brothers and Sisters. 7th. That his brother EDMUND JONES be his Executor to carry this his last Will into Execution & directed that the subscribers should hereunto testify &c. EDM'D BRYAN C. JONES JNO. FINLEY North Carolina Wilkes County May Term A.D. 1813 The above Will was duly proven in Open Court by the oaths of EDM'D BRYAN & JOHN FINLEY. Test R. MARTIN Clk |
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Will of DAVID MEGEE |
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In the Name of God amen: this Sixteenth day of February in the Year of our Lord
one thousand eight Hundred & eight I DAVID MEGEE of the County of Wilkes & State
of North Carolina calling mind the mortality of my body but being in health & of
perfect memory & knowing that it is appointed for all men once to die my Soul I
give in the hand of God who gave it me as also my body to Earth from whence I
was taken to be buried in a decent manner at the discretion of my Executors
hereafter mentioned. And as for my worldly goods where with it has pleased God
to bless me I give & dispose of in manner & form following that is to say first
as for my Children to wit ??? MEGEE my eldest son, DRURY MEGEE, ANN MEGEE, MARY
MEGEE I have given them already by equal division what I think requisite for
them except ten shillings to each of them of my Estate hereafter to be divided &
secondly as for my son WILLIAM MEGEE, RALPH MEGEE, JOHN MEGEE, JAMES MEGEE &
NANCY LAND, SARAH COFFEY, PATSEY ALLISON I have given them already there equal
portions except the above mentioned sum of ten shillings to each one of them out
of my Estate hereafter to be divided as aforesaid; thirdly I give & bequeath to
my beloved daughter ELISABETH MEGEE one bay mare and colt, one cow & calf, one
bed & furniture; & I also give & bequeath unto my beloved daughter EDIA MEGEE
one young sorrell mare, one cow & calf, one bed & furniture; I also give &
bequeath unto SYNTHY MEGEE the old black mare & her colt one cow & her calf, one
bed & furniture; & I also give & bequeath unto my beloved son BLUFORD MEGEE one
sorrel mare with a blazed face, one cow & calf, one bed & its furniture; but it
is to be hereby observed that the said BLUFORD MEGEE my son shall give or pay
out of the shares of my Estate the just sum of twenty pounds lawful money to be
paid to my grand so WILLIAM RYLEY MEGEE or on the day of his arrival at the age
of Eighteen years. And as for GEORGE MEGEE my youngest son I give & grant unto
him my said son a part or parcel of land containing one hundred & ten acres
including the dwelling house where on I now dwell with the plantation & grist
mill, beginning at a chestnut on the top of the low mountain runing with a
conditional line made between me & my said son BLUFORD MEGEE to the spring
branch thence up the various courses of said branch to the North & South line
thence South with said line to a conditional line made between me & my son JOHN
MEGEE, thence West with said conditional line a corner on the Pounding Mill
branch then North to the begining together with every right title priviledge &
improvement to the said land belonging or appertaining to him the said GEORGE
MEGEE his heirs & assigns forever. & I also give & bequeath unto my said son
GEORGE MEGEE the gray horse & my young black mare also one cow & calf & one bed
& furniture. I also give unto my grand daughter EDIA ALLISON the just sum of ten
pounds lawfull money to be paid to her out of the division of my Estate
hereafter to be mentioned at or on the day of her arrival at the age of fourteen
years &c. And as for the remaining part of my Estate at & after my decease I
have by give & desire to be equally divided between the following part of my
Sons & Daughters. (Except the above mentioned sum of ten pounds to be paid to my
grand daughter EDIA ALLISON as aforesaid) to wit SUSANNAH HAGLER, ELIZABETH
MEGEE, EDIA MEGEE, BLUFORD MEGEE, CYNTHY MEGEE & GEORGE MEGEE; All which
Legatees so divided I hereby give & bequeath to each & every of the aforesaid
Sons & Daughters to them their heirs & assigns forever. And lastly, I appoint
constitute authorise & confirm LEWIS CARLTON Esquire & JAMES WELLBORN GENERAL my
true & trusty friends my whole & sole Executors of this my last Will & Testament
& I do hereby testify this to be my last Will & Testament denying all other
Wills or Testaments heretofore made or done by me. In testimony whereof I the
said DAVID MEGEE hereunto set my hand and affixed my seal the day & year first
above ritten [sic]. DAVID MEGEE Signed, Sealed & Delivered in the presents of us. THOMAS TRIPLET THOMAS MARTIN RICHARD FORGUSON ("X" his mark) J. BRANHAM North Carolina Wilkes County The foregoing Will was duly proven in open court by the oaths of THOMAS TRIPLET & RICHARD FORGUSON. Test R. MARTIN,Clk |
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Will of REUBEN PHILLIPS |
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In the Name of God amen, I REUBEN PHILLIPS of the State of North Carolina &
County of Wilkes being very weak & low in body, but of perfect mind & memory
thanks be given unto God calling unto mind the mortality of my body & knowing
that tis appointed for all men once to die, do make & ordain this my last Will &
Testament, that is to say, principally & first of all, I give & remend my Soul
into the hands of Almighty God that gave it, my body I recommend to the Earth,
to be buried in a decent Christian burial at the discretion of my Executors;
nothing doubting but at the General Resurrection, I shall receive the same
again, by the mighty power of God, & as touching such worldly Estate wherewith
it has pleased God to bless me in this life, I give demise & dispose of the same
in the following manner & form- My daughters ELIZABETH, CATY & HANNAH & NANCY & SARAH & likewise my sons NATHANIEL & JOHN these children all having received there portions, I cut them all off with receiving one shilling each. All & Singular my lands missuages tenements & moveable effects & household property I wish to be equally divided between my son JACOB PHILLIS & JESSE PHILLIPS & my wife JUDITH PHILLIPS to have her living there with them while she keeps my name, & I do hereby utterly disallow, revoke, disannul all & every other former Testaments, Wills, Legacies, Bequests & Executors by me in any wise before named Wills & Bequeaths, ratifying & confirming this & no other to be my last Will & Testament. In witness whereof I have here unto set my hand & seal this 26th day of December 1813. REUBEN PHILLIPS SOLOMON BARNS SARAH BARNS ("X" her mark) PETER BARNS North Carolina Wilkes County The above Will was duly proven in Open Court by the oath of PETER BARNS. Test R. MARTIN, Clk. |
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Will of JOHN PROFIT |
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State of North Carolina, Wilkes County. In the name of God Amen, I JOHN PROFIT
of Wilkes County & State aforesaid being of sound & perfect mind & memory
(Blessed be God) do this fifteenth day of November in the Year of our Lord A.D.
1813 make & publish this my last Will & Testament in manner following, that is
to say, first I give my Soul to Almighty God who gave it hoping through the
merits of Almighty God that he will raise both Soul and Body into the Mantions
of Eternal Glory. (Item) my desire is that all my just debts shall be paid & my
body decently buried (Item) I give & bequeath to my loving SUSANNAH PROFIT all
my Land & all the rest of my Estate of every kind for her use during her life &
after her decease I give & bequeath it to my loving son SAMUEL PROFIT all my
Lands & all my working tools that belongs to the plantation and my will is that
all the rest of my Estate be equally divided between my son WILLIAM PROFIT & my
Daughter LIDDA SOUTHER & my Daughter MARY FORGUSON & I hereby make and ordain my
worthy friend JOSHUA SOUTHER & ARCHIBALD LOVELACE Executors of this my last Will
and Testament. In witness whereof I the said JOHN PROFIT have to this my last
Will & Testament set my hand & Seal the Day & Year above written. JOHN PROFIT Test BENJ. JONES NANCY GREEN (her mark) |
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Will of JOHN SHEPPARD |
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In the Name of God Amen, I JOHN SHEPPARD of Reddies River, Wilkes County, North
Carolina State being weak in body but of sound mind & perfect memory &
considering the uncertainty of this present life do make & ordain this my last
will & testament in manner & form following. Viz, in the first place I commend
my soul to God who gave it & my body to be decently buried at my decease at the
discretion of my Wife and Executors hereafter named, the Expenses whereof & all
my just debts to be discharged as soon as may be expedient. Secondly & as to all the worldly goods it hath pleased God to bless me with, I leave them wholly in the possession of my beloved Wife PHEBA untill our children may arrive at the following ages sons Twenty one, & daughters Eighteen, provided she continues my widow & manages herself Children & Estate prudently at which time it is my will that they have the folowing Legacies put into their possession in the first place I except ELIZABETH my eldest daughter the wife of JOHN PUMPHREY as have already given them three Hundred & fifty two dollars and twenty five cents. Secondly (sic) I give & bequeath unto LARKIN & WILEY all the lands I purchased of WM. M. QUERRY on the East side of a dividing Ridge that is between where I now live & where said WM. M. QUERRY formerly did live only I except two thirds of a peach orchard that is on said land for the use of my Wife & family for fifteen years. I also leave the said LARKIN & WILEY a good horse bridle & saddle to each of them to be worth Seventy five Dollars cash & the aforementioned land to be equally divided by judge of their own choosing & that they draw lots fairly for choice. Thirdly I give & bequeath unto PRESSLEY & PLEASANT all the land that I hold which did belong to my father at his decease whether by legacy or that I have purchased of Severn other legatees which parts were ANNA VIARS, JAMES SHEPPARD, LUCY PUMPHREY, STEPHEN SHEPPARD, LEWIS SHEPPARD, SARAH GINNINGS & ANDREW SHEPPARD. I also leave the said PRESSLEY & PLEASANT a yellow Negroe boy named JIM if he lives untill PLEASANT comes of age if not the value of him in as valuable property provided he had lived I also leave the said PRESSLEY & PLEASANT a good hours saddle & bridle to each of the to be worth Seventy five dollars each. Fourthly & as to my four younger sons to wit JOHN, GEORGE, ALLEN & LEWIS I give & bequeath unto them the tract land whereon I now live & all the ballance of the tract that I excepted from LARKIN & WILEY which I purchased of WM. M. QUERRY to be equally divided betwixt them in the month of October & in the year of our Lord One thousand eight hundred & twenty seven & lots fairly drawn for choice by those whom are under age making use of some friend or guardian also it is my will that JOHN & GEORGE shall have as they come of age a sufficient entry of the aforesaid tract of land which is good to cultivate untill the afore mentioned division shall take place. Also I leave to the four sons a good horse bridle & saddle to each of the to be worth Seventy five dollars cash. Fifthly I return to make mention of my daughters, & to SARAH I give & bequeath first choice of all the Negroes under the age of yellow JIM one mare bridle & saddle they to be valued cash price & all they lack of being valued to be worth three hundred & fifty two dollars to be valued up to her in small stock such as cattle & household furniture. Sixthly & unto LUCY I give & bequeath second choice of all the Negroes under the age of the aforementioned JIM also one mare bridle & saddle the to be valued at cash price & all they lack of being valued to be worth three hundred & fifty two dollars to be valued up to her in small stock such as cattle & household furniture. 7th. And unto MARY I give & bequeath third choice of all the Negroes under the age of the aforementioned JIM one mare bridle & saddle they to be valued at cash price & all they lack of being valued to be worth three hundred & fifty two dollars to be valued up to her in small stock such as cattle & household furniture. And it is my Will that if either of the aforementioned Daughters Negroes, mare bridle & saddle is valued to be worth more than the three hundred & fifty two dollars afore named that the overplus they pay back into the said Estate. 9th. & to an expected unborn Heir it is my will that if it should be a daughter that it may be called by the name of PHEBA & receive a portion as legacy of my Estate in every respect equall with the rest of my afore named Daughters, & if a son that it to be called by the name of BENJAMIN & receive a portion as legacy of my Estate equal to the rest of the afore named sons in every respect. 10th. I also leave it in the power of my Executors to make sale of all the lands I have in Ashe County & receive the pay in any valuable property. 11th. & unto my beloved Wife PHEBA I leave Five hundred dollars to be given her in her choice of the Negroes that is then left & when valued all it lacks of being worth five hundred dollars is to be valued up to her in any part of the Estate that she may choose provided she continues my Widow & for her to receive it at the time of the last division of my Estate which is my will shall be in the month of October in the Year of our Lord One thousand eight Hundred & twenty seven at which time it is my will & pleasure that all the clear Estate that shall then be left after paying up all the several legacies that has heretofore been named be sold & no other person be allowed to bid but the Legatees of said Estate or some friend or guardian of those of my children who are under age & the profits or money that shall arise from the sale it is my will & pleasure that it shall be equally divided all my children that is then a living it is also my will that none of the Negroes shall be sold out of the family except it be for their own disobedience. I also leave my beloved Wife PHEBA Executrix , my eldest son LARKIN SHEPPARD & ELIJAH GINNINGS of Ashe County Executors to this my last Will & Testament revoking all other wills by me heretofore been made. In witness whereof I the said JOHN SHEPPARD hereunto set my hand & seal this seventh day of May & in the Year of our Lord One thousand eight hundred & twelve in the presents of these subscribing witnesses. JOHN SHEPPARD Test JOHN JUDD NATHANIEL JUDD DELPHA JUDD ("X" her mark) North Carolina Wilkes County The foregoing Will was duly proven in Open Court by the Oaths of JOHN JUDD & NATHANIEL JUDD. Test R. MARTIN, Clk |
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Noncupative Will of JOBE WINFRY(WINFREE) |
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State of North Carolina Wilkes County This day came AARON CANADAY and JESSE CAUDILL before me one of the acting Justices of the Peace for the County aforesaid & made oath that JOBE WINFREE some few days before his decease being called on them to witness his last Will & desire, his desire was that AARON CANADAY his father in law should have the full management of all his worldly affairs & that he should sell as much of his property as shall be of value sufficient to satisfy all is just debts & the ballance of his property to remain in the hands of his Wife ELIZABETH WINFREE induring her natural life or widowhood & at her decease his property to be equally divided between his four children. AARON CANADAY & JESSE CAUDILL states on their oath that they believed that he was in hs proper mind & memory. Sworn to & subscribed before me the 3d day of April A.D. 1815. AARON CANADAY JESSE CAUDILL Test SAM'L JOHNSON J.P. |
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