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THE LAST WILL AND TESTAMENT OF Samuel FEREBEE SR.
Exhibited in open court November seven 1845
Executor proven by the oaths of Isaac BAXTER, Tully DOZIER
In the name of God Amen. I Samuel FEREBEE SEN., of the County of Currituck and the state of North Carolina being in a reasonable health and sound mind calling to mind the mortality of man and knowing that it is appointed for all to die do make and ordain this my last Will and Testament in manner and form following, viz.
Item - I give and bequeath for my son William FEREBEE and his heirs all that tract of land wherein he now lives bounded as follows beginning at a post on the north side of the road on the Indian line running north by a line of marked ___ to the line of the heirs of Samuel ETHERIDGE dec. thence with said line East to the line of the division of Thomas MERCER dec. and as I bought from John POYNER to the land whereon Joseph FEREBEE lived and died southerly along said line to the line of the land my son William bought from Anthony SIMMONS and along said line southerly to the road on the Indian line and along the said road westwardly to the beginning containing about Five Hundred and forty acres more or less also I give to my son William a piece of land and swamp as contained in a patent to me dated the 24th day of October one thousand seven hundred and Eighty six (1786) containing two hundred and fifty acres also a slip of land on the south side of the road between ___ the road ___ ____ ___ ___ ___swamp and along the road to the middle of the swamp by polls(?). The above division is subject to a provision ____ ____ ____ ____ I also give to my son William negro men Dick Smith and Isaac already had away and a negro woman Mary Ann & increase.
Item - I give and bequeath to my daughter Houlday ETHERIDGE and her heirs a piece of land I bought of Doctor John ROBERTSON and from Miles PERKINS and wife Nancy and a part of the land I bought of the heirs of John HANDLEY(?) ____all borders on the east side of William ETHERIDGE plantation bounded as follows beginning at a post on the south side of the road in the Indian line the beginning of my son William thence along my son William line north to the line of the heirs of Kamuci(?) ETHERIDGE dec. thence with said line westwardly to the line of William ETHERIDGE and along his line southwardly to the road and along the road eastwardly to the beginning containing about one hundred acres more or less. I also give to my said daughter Houlday a piece of land on the west side of the Indian Ridge road beginning in the main road opposite the SE corner of William E (or C) ETHERIDGEs shop and running west as the ditch is a straight course to the canal thence up the canal to my road and along said road Eastwardly to the main Indian Ridge road and along the road southerly to the beginning containing about sixty acres more or less also I give to my daughter Houlday a piece of my Juniper Swamp beginning at a maple the corner and beginning of my patent thence running along HUTCHINGS patent line north ten chains to a juniper a corner in HUTCHINGS patent thence west sixty chains thence south ten chains thence east to the beginning containing sixty acres of swamp it being a part of my patent that William C. ETHERIDGE laid claim to the devise subject to a proviso hereafter mentioned. I also give to my daughter Houlday negro girls Bets and Sophia already had away also negro woman Lettis and two children boy Sam and girl Eliza & increase negro men Luke and Stephen MERCER.
Item - I give to William C. ETHERIDGE and his heirs a piece of land I had of Samuel ETHERIDGE in exchange for his on the west side of the canal ratifying said exchange on my part. I also give unto the said William C. ETHERIDGE all claims that I have against him provided he brings no claims against me or my estate.
Item - I give and bequeath to my son Samuel FEREBEE and his heirs all that tract of land which I bought at the sale of Jeremiah BRIGHT as by the sheriffs deed will appear also the swamp against it to the North River run also all that tract of land and swamp called cippeys-camp I bought of John CATORS and John D. COOK and wife Lydia as will appear by their deeds. All subject to a proviso hereafter mentioned. I give to my son SAMUEL one negro man called Yellow Dick already had away also negro men Sam Neal and Smiths.
Item - I give and bequeath to my son ENOCH D. FEREBEE and his heirs all that tract of land & swamp wherein Joseph FEREBEE formerly lived as I bought it at the Sheriffs sale as by deeds will appear only making the road the line between him and my son William it contains about six hundred acres of land and swamp allowing his sales to be good. I also give to my son Enoch a piece of swamp land on the south side of the East Creek it being one fourth part of a patent of William NEAVILL and William FEREBEE as I bought it of the Executrix of William NEAVILL said to be about one hundred and eighty seven and a half acres the above devises are subject to a proviso hereafter mentioned. I also give to my son Enoch a negro man Matthias already had away. Negro men Lamb Nimrod and old George.
Item - I give and bequeath to my daughter Penelope BELL to her and her heirs all that tract of land I bought from the heirs of Richard GREGORY dec., and a piece of land I bought from Willoughby SAWYER and wife Chloe also the remainder of the swamp contained in a patent granted to me dated the 30th November 1816 laying on the west of the plantation that formerly belonged to Pete BARNARD the GREGORY land contains two hundred and three acres of land more or less the above devise are subject to a proviso hereafter mentioned. I also give to my daughter Penelope negro women Tiller Jerminia & Mabel and their increase and negro men Rafe, Tom and James.
Item - I lend to my daughter Sarah OVERMAN during her natural life all the lands I bought at the sale of George OVERMAN dec., also I lend to my said daughter Sarah negro men Tom and John. Negro woman Martha Ann and increase during her natural life and I give to my daughter Sarah all the property she purchased at the sale of George OVERMAN deceased as I have paid for the same at the death of my daughter Sarah it is my desire and I give to my Grandaughter Margaret BEARFOOT to her and her heirs the land George OVERMAN bought from A. OVERMAN eight acres and the land said George bought of SMITHSON containing fifty acres more or less. I give to my Grandson Samuel F. OVERMAN the tract of land called the MORRIS tract to him and his heirs. I give to my Grandson George F. OVERMAN the remainder of the land and swamp whereon his father lived and died . I also give to my Grandaughter Margret and Grandsons Samuel & George OVERMAN and their heirs the above named negroes Tom, John, and Martha Ann and her increase to be equally divided between them and their heirs the above devise of land are subject to a proviso hereafter mentioned.
Item - I give and bequeath to my son James M. FEREBEE to him and his heirs a tract of land called Johns Clearing that I bought of William DOZIER and Robert BARNARD and Samuel GREGORY and a piece of land called Pells that Willoughby DOZIER SEN., gave in his will to Sally & Margaret FEREBEEs heirs all containing about one hundred and sixty acres of land the deeds will give the boundries including a piece of land I had from Samuel and William C. ETHERIDGE on the west side of the canal in exchange I also give unto my son James M. FEREBEE to him and his heirs a piece of land and swamp laying against his Juniper Ridge Plantation beginning at a pine stump in his ditch, a corner of William PARRs patent and running west to HUTCHINGS patent line and along said line about Ns4.W to a gum a corner of said patent thence eastwardly to the land he bought of William HUMPHRIES thence southerly binding his line to the beginning containing about forty acres more or less the above devise is subject to a proviso hereafter mentioned. I also give to my son James negro man Dempse & boy Charles man Stephen Mark & boy Major and woman old Sarah.
Item - I lend to my daughter Amanda COWELL during her natural life all that tract of land I bought from the heirs of Caleb GREGORY and from the heirs of Mitchell and Edmund GREGORY dec.,and the land called MERRILLs and all my land lying between me and Grandy BARNARD on the west J. M. FEREBEE and W. D. BARNARDs tract on the north and my canal on the east and on my road on the south containing about two hundred and ten acres more or less. I also lend to my daughter Amanda COWELL negroes men Isaac & Samson & woman Abb already had , also negro woman Luce & her increase, girls Nance MERCER & boy Brett the use of them during her natural life after the death of my said daughter I give the above land to my two Grandsons Solomon and Samuel COWELL twin sons of my daughter also the above named negroes & their increase I give to be equally divided amongst all my daughters Amanda children after her death the devise of the above land is subject to a proviso hereafter mentioned. I give to my daughter Amanda my feather bed and furniture and my Horse & Gig & Harness.
Item - I give and bequeath to my Adelia HUMPHRES and her heirs the following land whereon she now lives beginning on the main road at arch across the sam (?) __ where the Brick Kiln was thence running eastwardly down a ditch nearly a parralel course with the line between me and the Thomas C. FEREBEE line to a maple's corner between me and John HUMPHRIES to the old road thence northerly along the road to Hulda ETHERIDGE line thence west with her line to the canal thence southerly down said canal to my new road thence east along said road to the main road and along the main road to the beginning containing about two hundred acres of land more or less. The above devise is subject to a proviso hereafter mentioned. I also give to my daughter Adelia HUMPHRIES the following negroes viz., woman Clark and her daughter Lydia & Rose woman Dinah and their increase since she has had them also negro man March and Mose.
Item - I give and bequeath to my son Dennis D. FEREBEE to him and his heirs all the remainder of my land and plantation whereon I now live bounded as follows beginning at a bridge over the canal near Samuel LAMBs gate and running along a road nearly east to the main road thence continued on eastwardly along with Thomas C. FEREBEEs line to a black gum a corner tree between said Thomas C. FEREBEE myself & Caleb ETHERIDGE thence northerly to a corner maple a corner between me and John HUMPHRIES thence westwardly along my daughter Adelia HUMPHRIES line to the main road at the arch thence northerly along the road to my new road thence up said road about west to the canal thence down the canal southerly to the beginning the canal is on my land all the way, containing about three hundred and sixty acres of land more or less the above divise is subject to a proviso hereafter mentioned. I also give to my son Dennis D. FEREBEE the following viz., men George the younger, & Jack, woman Sarah and four children Milly, Edmund, Susan, and Jane and old woman Eady and where as in order that there should be but one owner of stock on the farm I decd., on the 20th day of January last sell unto my son Dennis D. FEREBEE all my stock of horses, mules cattle hoggs & sheep and part of my household goods. Kitchen furniture and farming tools as per Instrument for which I have his note of the above date and as there is many articles of value not contained in said Instrument and in order that there may be no dispute or sale after my death I give to my son Dennis D. FEREBEE all the remainder of my household and kitchen furniture and farming utensils & tools that with labors of six negroes this year to be his full share of my estate.
PROVISO alluded to in each gift of land is that if any of my children or their heirs shall lay claim to any part of the land given by Willoughby DOZIER SEN., or Willoughby DOZIER JUN., in their wills to Sally FEREBEE and Peggy FEREBEE other than I have disposed of them then the lands I have given said child or children to be liable to make good the same it is my desire that none of them lay any claim to any part only as given to them.
THIS PART OF MY WILL I WROTE BEFORE THE LAST DAY OF DECEMBER 1843. /s/ S.FEREBEE
Item - I give and bequeath to my four youngest children viz., James M. FEREBEE, Amanda COWELL, Adelia HUMPHRIES and Dennis D. FEREBEE to them and their heirs all the remainder of my land & Juniper Swamp contained in my patent of one thousand acres bounded as follows beginning at a large gum at the second distance in J. HUTCHINGS patent and a corner thence with said patent line about north seventy four degrees west about ninety chains to a juniper a corner thence west sixty chain thence north one hundred & fifteen chain and fifty links thence east to the old patent line thence southerly with said old patent or James M. FEREBEE line to first station containing nearly one thousand acres more or less to be equally divided on the following conditions that is to say that James M. FEREBEE & John HUMPHRIES shall render an account of the value of the juniper timber they have worked & gave away or destroyed and that they pay to Hulda ETHERIDGE or her heirs the value of the timber worked or wasted on the part of the swamp given her and that the said James M. FEREBEE and John HUMPHRIES pay to Amanda COWELL and Dennis D. FEREBEE each one fourth part of the value of the timber worked and wasted on the remainder and on their failing or refusing to comply they each shall forfeit their dividend of said swamp, If they cannot agree on the value of the timber amongst themselves I advise them leave the valuation to two or more disinterested men and for their award to be final.
Item - What money notes may be on hand at my death it is my desire that my Executors make a division amongst my children to wit William FEREBEE, Samuel FEREBEE, Enoch D. FEREBEE, Sarah OVERMAN, James M. FEREBEE, Amanda COWELL & Adelia HUMPHJRIES to them and their heirs.
LAST I constitute my three sons Samuel, Enoch D. and Dennis D. FEREBEE my executors to this my Last Will and Testament disannulling all former wills by me heretofore made in witness whereof I have hereunto set my hand and seal this 20th day of June Eighteen Hundred and Forty Four (1844) (Being Eighty three years old)
/s/ S FEREBEE seal
This will was contributed by Judy Merrell Brickhouse. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2001 Marty Holland