Franklin County Wills

 

Will of BENNETT PERRY, 1847
Franklin County, NC
Book N, Pages 356-358

In the name of God Amen, I BENNETT PERRY of the County of Franklin , North Carolina, being of sound and disposing mind and memory doth make publish and declare this my last will and Testament hereby revoking all wills and codicils by me heretofore made-
First- I loan unto my beloved wife MARTHA A. PERRY during her natural life or widowhood the following Negroes to wit, old ANDREW, little ANDREW, DANIEL (DAVID?) and DANIEL sometimes called HALL, ISAAC, JESSE, GRACE, SALLY, CAROLINE, and all her children, DENIS, BEN, HENDERSON, MATILDA, MARY, TOM, LUCY, and all her children, JANE, KINCHEN, HAYWOOD, SIDNEY, ROWENA, PINK, EADY, HORACE, HANNAH, EASTER, ANDREW sometimes called PETER and DAVID and the future increase of the before named female slaves including as well such of their issue as shall be born after the date of the last will and Testament, or the few that may be fore after my death I also give to my wife during her life or widowhood, all the Land that I now own or may own at the time of my death also all of my stock of Horses, Cattle, hogs & sheep, all my household and kitchen furniture and crops of every descriptions all my plantation tools including my waggons, carts & geers to have hold and enjoy all of the above described property - during her life or widowhood. Secondly, after the death or widowhood of my said wife, I give all the property herein before loaned as well real or personal, to my Executors herein after named. And the survivor of them in trust for the sole exclusive and seperate use of my daughter ELIZABETH ALSTON wife of THOMAS N. ALSTON and her child, and such children as she may hereafter have, and upon the death of said daughter, should she leave children, it is my wish and desire that all of the said property be equaly divided among them equally, and in the event of my said daughter dying without leaving issue, or in the event of my said daughter leaving a child or children and of the death of said child or children before twenty one or marriage, in such case I give the said property to my nephews WILLIE PERRY, CHARLES PERRY, JOHN NEAL, LEONIDAS NEAL, and JEREMIAH PERRY and their heirs equally to be divided among them the. I also give to my said Executors, and the survivor of them the following Negroes to wit, CAROLINE & her children, JIM & FRANCES, WATY and her children, also JACK, DICK, SAL, HELEN, SARAH, JOHN, KEMP, ABRAM, HENRY, MINOR, KINCHEN, LOUISIANNA, NANCY and her children, RACHEL, SILVY, ADALINE, JINNY, ALSEY, SAM, AMOS, DICEY, MOSES, SEALY, ISHAM, MARY and SAM and the future increase of all the aforesaid female slaves, including as well such issue of them as shall be born after the date of this my will or such as may be born after my death, also all money which may be in my possession at the time of my death, and debts which may be due to me, and all and every kind of property and effects whatsoever which may then belong to me except what I have herein before loaned to my said wife -
The said Negroes and other property I nevertheless give to my said Executors in Trust for the sole separate and exclusive use of my said Daughter and her child, and such children as she may have afterward and upon the death of my said Daughter should she leave children it is my will and desire that the said Negroes and other property be equally divided amongst them, and in the even event of my daughters dying without leaving issue, or in the even of her dying leaving a child or children dying before twenty one or marriage, give the said Negroes and other property to my nephews WILLIE PERRY, CHARLES PERRY, JOHN NEAL, LEONIDAS NEAL and JEREMIAH PERRY and their heirs equally to be divided amongst them.
Should my said daughter die leaving grand children the children of deceased children, such grandchildren shall represent his her or their parents, and be entitled to the same portions of my Estate, that such parent or parents would be entitled to were such parent or parents then living. I hereby authorize my Executors or the survivor of them to sell the whole or any part of my Estate the proceeds thereof to stand in the place of the property so sold. I also authorize my Executors to purchase for the benefit of my Estate such property as they may deem advisable, the property so purchased to stand the place of the money with which it was purchased -
Lastly, I hereby nominate and appoint my brothers WILLIE PERRY & A. S. PERRY Executors of this my last will & Testament.
In witness whereof I have hereunto set my hand & seal this 15th day of June 1847.

BENNETT PERRY (seal)

Atest
WM. H. STROTHER, Jurat
A. S. JEFFREYS, Jurat
 

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Franklin County, North Carolina
Wills, Inventories, 1804-1812, Vol. C, Pages 216-217
Joshua Perry - 1807


Last Will and Testament of JOSHUA PERRY, Dec'd.

In the name of God Amen I JOSHUA PERRY of the County of Franklin and State of North Carolina being of Sound mind & memory but knowing the uncertainty of this present life do make this my Last Will and Testament in manner and form following Viz--

First it is my Will and desire in case of my death that my family Black and White should be kept together on my lands at the discretion of my Executors hereafter mentioned for the purpose of the maintainance of my wife and Children and the education of my children which to be done as will as there situation & circumstances will admit of.

Item- I give and bequeath to my beloved wife MARY four Negroes by the name SARAH, AGGA  DOLLEY and MATTHEW also I give my wife MARY three Hundred pounds in money which I give to her in lieu of her dower in my Landed estate which money is to be paid to her as soon as it can be raised from Production of my Estate after her marriage if it should be her choice is to do
Item- I give and bequeath to my son ELIJAH B. PERRY three Negroes name LANDON ADAM & PHILLIS --
Item- I give and bequeath to my son SAMUEL PERRY five Negroes by name VENUS, JACK & NED, SIMON & SAUL with their increase --
Item- I give and bequeath to my son GREEN PERRY three Negroes by the name SUSANNA, CHAMPION and TOM wth their increase
Item- I give and bequeath to my daughter TEMPERANCE PERRY three Negroes by name NELLY, PHEBY & MINER --
Item- I give and bequeath to my daughter NANCY PERRY three Negroes by name WINEFRED,  RHODAY and HARDY and their increase.
Item- I give and bequeath to my son BENJAMIN PERRY three Negroes by name ISAAC, JUDAH and LYDIA and their increase --
Item- I give and bequeath to my sons that I now have or may hereaftr have all my real estate Viz- all my Land in the State and all my Lands in the State of Georgia to be equally divided among my male heirs the division I wish to begin when my eldest son arrives to the age of Twenty one years then allot to him his portion and also proceed to give to each one when they come of lawful age then distribute share to them and their heirs forever --
My wish is that my Estate should be divided by my brother BENJAMIN PERRY brother JEREMIAH PERRY, Colo. JEREMIAH PERRY, his brother JOSHUA PERRY and PRESLEY C. PERSON having just confidence in my sd friends that they will do justice in my family.
Item- I give and bequeath to each of my daughters the sum of five hundred pounds each to them and thier heirs forever --
Item- It is my will and desire that all my personal estate should be equally divided between my wife MARY PERRY and all my children male and female the division to take place when ever my wife should marry or my children should arrive to lawfull age or my daughter or daughters should marry the division to take place as they come of age and at a time and the property that is already given away Viz, the Negroes that is before mentioned to be considered in the division of as of the estate but to be placed to whom they are given that as the children come of age they are to have their portion in turn one after the other so as to have their portions equal at the time it may be received by the different legatees to them and their heirs forever --

Lastly- I nominate and appoint my brother BENJAMIN PERRY and JEREMIAH PERRY, my neighbour HENRY G. WILLIAMS my Executors to this my Last will & testament revoking all other wills and testament by me heretofore made and pronouncing this to be my Last Will and Testament in witness whereof I have hereunto set my hand and seal this Seventh day of June One thousand Eight Hundred & seven.
JOSHUA PERRY


Test
THOMAS BALDWIN
PRESLEY C. PERSON
JOSEPH JOHN WILLIAMS


NB- I hear wish to explain my Will more fully than it is in the face of it, Viz my Will is that the five Hundred pounds Virginia currency which I give to each of my daughters Should not be paid to them in money but be laid out in Land or Negroes at the discretion of my Executors and paid over to them in property in lieu of money believing it may be most to their advantage if in any part of my Will I have said too little or too much to be made understood it is my wish that my before mentioned friends should divide that within themselves without refering to any Court or Jury whatsoever but do leave the Explanation of this my Last Will holely and Solely to my Executors and before mentioned friends in witness whereof I have hereunto set my hand and seal this Seventh day of June One thousand Eight Hundred & seven --
JOSHUA PERRY

Signed Sealed & Delivered in presents of
THOMAS BALDWIN
PRESLEY C. PERSON
JOSEPH J. WILLIAMS

{the Word Daughter and Daughters underlined before assigned.

Ret'd to June Co. 1811


 Estate of JOSHUA PERRY, 1807 Franklin Co.

Division of the Estate of JOSHUA PERRY dec'd
State of N. Carolina
Franklin County

Whereas by a clause in the Last will and Testament of JOSHUA PERRY dec'd, BENJAMIN PERRY, JEREMIAH PERRY, JEREMIAH PERRY Col., JOSHUA PERRY & PRESLY C. PERSON an directed and appointed to divide and allot to the different Legatees under said Will their proportion of the Estate when either of them should arrive at full age and where as ELIJAH B. PERRY having arrived at full age we have in persuance of said will divided said Estate and do allot to said ELIJAH B. PERRY as his proportion of the said Estate & Legacy- under said Will the following to wit, all the lands on the South side of the old road leading from Shocco Church to MAJOR WM. WILLIAMS and the following Negroes, to wit, GUY, TOM, PETER, CHARLOTTE, CHANEY, ADAM, PHILLIS, RAINEY, FANCY, CLARY, MARY, ALLEN, AMEY, OLD BOB & LONDON, the following horses, to wit, One horse called Charlemane, one mare called Blaze, horse called Mark, and Blaze's youngest colt, also Twenty head of cattle, one bed & furniture, and do say and adjudge that the property aforesaid is the full proportion of the real & personal estate of said Testator JOSHUA PERRY which said ELIJAH B. PERRY is entitled to under the will as aforesaid, given under our hands this the 24 July A.D. 1818.

JER PERRY
J. PERRY
P. C. PERRY
JOSHUA PERRY



State of N. Carolina
Franklin County

Whereas by a clause in the Last will and Testament of JOSHUA PERRY dec'd, BENJ'N PERRY, JEREMIAH PERRY, JEREMIAH PERRY (Col), JOSHUA PERRY, and PRESLEY C. PERSON are directed & appointed to divide & allot to the different legatees under said will their proportion of the Estate where either of the should arrive at full age, and whereas WILLIAM HINTON hath intermarried with TEMPERANCE PERRY, both of full age, we have in persuance of the said will divided this Estate and allot to the said WILLIAM HINTON and TEMPERANCE his wife, as his proportionable legacy under said will the following property to wit, SMITH TOM, JIN, MINOR, DOLL, SILVY, NELLEY, and her child ISAAC, FIBBY & RAINEY.
And we do say & adjudge in the full proportion of the personal Estate of the said Testator JOSHUA PERRY which said WILLIAM HINTON & TEMPERANCE his wife is entitled to under his will as aforesaid, Given under our hands this thirteenth day of December 1817.
Also the sum of Five hundred & ninety eight Dollars & 66/100 as their proportion of the surplus money in hands of the Executors of said JOSHUA PERRY dec'd.

JER PERRY
P. C. PERSON
JOSHUA PERRY
J. PERRY


State of North Carolina
Franklin County
Whereas by a clause we the Last Will and Testament of JOSHUA PERRY dec'd BENJAMIN PERRY, JEREMIAH PERRY (Col.) JOSHUA PERRY & PRESLEY C. PERSON are directed and appointed to divide and allot to the different Legatees under said will their proportion of the Estate where either of them should arrive at full age and whereas SAMUEL PERRY having arrived of age we have in persuance of said will divided said Estate and do allot to said SAMUEL PERRY as his proportion of the Estate and Legacy under said will the following property, to wit;
All the lands lying in County of Warren and Franklin on the north side of the old Road leading from Shocco Church to MAJOR WM. WILLIAMS, the following Negroes to wit: VENUS, TILDY, JACK, NED, SIMON, SAUL, MILLEY, SALL, BEN, also ALSTON, SOLOMON. Also three head of horses, one yoke of oxen, steers, two pair of cart wheels, one bed & furniture, and we do say and adjudge that the property aforesaid is the full proportion of the real & personal estate of said Testator JOSHUA PERRY. Which said SAMUEL is entitled to under the will as aforesaid. Given under our hands this 24 July A.D. 1818.

J. PERRY
P. C. PERSON
JOSHUA PERRY
JER PERRY


State of North Carolina
Franklin County
Whereas by a clause we the Last Will and Testament of JOSHUA PERRY dec'd BENJAMIN PERRY, JEREMIAH PERRY (Col.) JOSHUA PERRY & PRESLEY C. PERSON are directed and appointed to divide and allot to the different Legatees under said will their proportion of the Estate where either of them should arrive at full age & whereas GREEN PERRY having arrived at full age we have in persuance of said will divided said Estate and do allot to said GREEN PERRY as his proportion of the Estate & Legacy under said will the following property, to wit, all the land lying in the state of Georgia & County of Green on the Ocone River known by the name of the Cowford Tract, and the following Negroes to wit, JOE, CHAMPION, PETER, TOM, PLEASANT, DORCAS, SUCK, FEROBY, CHERRY, JACK, AMY, RODA, SUE, MARTHA, SAL, VINA & ESTHER & we do say and adjudge that the property aforesaid is his full proportion of the lands & Negroes of the Estate of the aforesaid JOSHUA PERRY dec'd which GREEN PERRY is entitled to under the will as aforesaid. Given under our hands this 19th day of October 1819.

J. PERRY
P. C. PERSON
JER PERRY
JOSHUA PERRY

 

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