Franklin County Wills

Wills and Estates

 

Will of SPENCER M. BOONE, 1901, Probated 1912
Will Book V, Pages 472-473
State of North Carolina
Franklin County

In the Superior Court

A paper writing purporting to be the last Will and testament of S. M. BOONE deceased is exhibited before me the undersigned, Clerk of the Superior Court for said County by S. H. BOONE the executor therein mentioned and the due execution thereof by the said S. M. BOONE by the oath and examination of J. B. GLASGOW and TOM FISHER the subscribing witness thereto, who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last Will and testament of S. M. BOONE that the said S. M. BOONE in the presence of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date of the 18th day of Jan'y., 1901.
And the deponent further saith, That the said S. M. BOONE the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last Will and testament and this deponent did thereupon subscribe his name at the end of the said Will as an attesting witness thereto and at the request and in the presence of the said testator. And this deponent further saith that at the same time when the said testator subscribed his name to the said last Will as aforesaid and at the time of the deponents subscribing his name as an attesting witness thereto as aforesaid the said S. M. BOONE was of sound mind and memory of full age to execute a Will and was not under any restraint to the knowledge information or belief of this deponent. And those deponents say not.

J. B. GLASGOW
TOM FISHER

Severally sworn and subscribed before me this 21st day of November 1912.
J. J. BARROW, Clerk Superior Court

North Carolina
Franklin County

In the Superior Court
It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament of S. M. BOONE deceased. Let the said Will together with the probate be recorded. This 21st day of November 1912.
J. J. BARROW, Clerk Superior Court


Will of S. M. BOONE

North Carolina - Franklin County
I, SPENCER M. BOONE, of Franklin County, North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and devise this my last Will and Testament, in manner and form following, that is to say,
First- That my executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends, and pay all my funeral expenses, together with my just debts, if any, at the time of my death, out of the first moneys that may come into their hands as a part or parcel or my estate.
Item(1) - I give and devise to my wife L. A. BOONE all my lands where we now live containing two hundred and sixty acres, more or less, to have and to hold during her natural life.
Item (2) - I give and devise to my son HERBERT S. BOONE, after the death of my wife, one fourth or sixty five and one half acres of land to be cut off so as to contain my home house where I now live, by beginning at a point 38 poles south of my nort-west corner; thence S. 86 Degrees E. 102 poles; thence S. 4 degrees W 100 poles; thence N 86 degrees W 102 Poles to my line; thence along my line (taking in the 1-3/4 acres) back to the beginning. To have and to hold to him and unto his heirs and assigns forever.
Item (3) - I give and devise unto my son W. W. BOONE, one fourth or sixty five and one half acres of my land to be cut off on the north end of my land, beginning at the north east corner of the land devised to HERBERT S. BOONE in Item (2) running down his east line S. 4 degrees W 62 poles thence S 86 degrees E about 86 poles to LOW DAVIS line. To have and to hold the same to him and his heirs and assigns forever.
Item (4) - I give and devise to my daughter, LAVINIA M. BOONE, one fourth or sixty five and one half acres of my land to be cut off on the south west corner by beginning at the south east corner; of the land devised to HERBERT S. BOONE in Item (2); thence along his east line to corner of the lot devised in Item (3) to W. W. BOONE, thence with the line of that lot S 86 degrees E about 22 Poles; thence S 4 degrees about 90 poles to the canal JAMES BOONEs line. To have and to hold the same to him and his heirs and assigns forever.
Item (5) - I give and devise to my daughter, ANNIE T. DEAN that one fourth or sixty five and one half acres which remains after cutting off the three tracts devised in Items (2) (3) and (4). To have and to hold the same to her and her heirs and assigns forever.
Note 1- The lands devised in Items (2) (3) (4) and (5) are subject by Item (1) to a life estate of my wife L. A. BOONE.
Note 2- If it be found by actual measurement that the division lines mentioned herein do not cut my land into four equal parts as to area I want lines amended so as to make them do so.
Item (6) - I give and bequeath to my wife, during her natural life, all personal property which I possess at the time of my death, she to have the privilege to sell as much thereof as she sees fit; but, if after her death there remains any of the same unsold then I give and bequeath under this Item one fourth of the same to each of my four children, all of them being above named in previous items.
Lastly, I do hereby appoint my youngest son HERBERT S. BOONE and my other son W. W. BOONE, my lawful executors to all intents and purposes to execute this my last Will and testament, according to the true intent and meaning of the same, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof, I the said SPENCER M. BOONE, do hereby set my hand and seal this 18th day of January 1901.
S. M. BOONE

Signed sealed published and declared by the said SPENCER M. BOONE to be his last Will and testament, in the presence of us, who, in his presence and at his request do subscribe our names as witnesses thereto.
J. B. GLASGOW
TOMMIE FISHER

(Note: this Spencer M. Boone, b. abt 1830, was married to Lucretia Ann Webb on January 24, 1855, in Franklin Co.; he was the son of William Boon & Judith R. Moore, who had married in Franklin Co., on May 3, 1829)

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Will of MARY JEFFREYS-1822
Franklin County, Wills & Inventories, 1824-1828
Volume H, Page 166
March Court 1827

In the Name of God Amen.
I MARY JEFFREYS of the County of Franklin In the State of North Carolina being weak of body but of sound & disposing mind and memory and calling to mind that it is appointed for all men once to die do make ordain and constitute this my last Will and testament in the words following, to wit;
In the first place I commend my soul to Almighty God, who gave it trusting in his mercy through the Saviour of the World and my body I desire to be decently intered under the direction of my Executor hereinafter named.
And of the Worldly goods with which it has pleased God to bless me I dispose thereof in the following (to wit)
First I lend to my beloved daughter MARY ALSTON wife of NATHANIEL ALSTON of the State of Tennessee for and during the term of her natural life three Negroes- viz, TILLETHA and her two children, JIM and SALLY, and after the death of my said daughter MARY ALSTON I give and bequeath the before mentioned three Negroes with their Increase to be equally divided between my Grandson WILLIAM J. ALSTON & my Grand daughter MARY GRAY ALSTON, son & daughter of said NATHANIEL & MARY to them & their heirs forever-
And in the event of the death of either of my said grandchildren WILLIAM J. or MARY G. during the life of their Mother, & without issue then the whole of the said Negroes and their Increase to go to the survivor. And in the event of the death of both WILLIAM J. & MARY G. without issue during the life of my said daughter MARY then I will & bequeath the said Negroes after the death of my daughter to the surviving issue of her body & to their heirs forever.
And for the better securing the enjoyment of the use of the said three Negroes & their Increase before loaned to my said daughter MARY for and during the term of her natural life, I hereby bequeath to WILLIAM J. ALSTON before mentioned the said Negroes in trust for the use of my said daughter during her life to be enjoyed by the said MARY either in possession or profit as shall be found but adapted to ensure the objects of the bequest giving to the said Trustee all necessary power for carrying this my Will above recited into full & complied effect.
Secondly, I lend to my daughter LEAH STRICKLAND wife of JOHN PERRY STRICKLAND of the County of Wake in the State of North Carolina for me during the Term of her natural life the following Negroes, to wit, BILLY, HANNAH, REDDICK, PATIENCE, CANDACE, & ANDREW.
And after the death of my said daughter LEAH I give & bequeath the said Negroes with their Increase to the children of the said LEAH & to their heirs forever to be equally divided between them share & share alike.
And thirdly, I give and bequeath to my said beloved daughter LEAH STRICKLAND to her & her heirs, all the balance of my Estate both personal & perishable of every description whatsoever - of which I shall be in possession or by right entitled at the time of my death except as in the next clause proceeded.
4th- Whereas my beloved son SIMON GRAY JEFFREYS is at this time indebted to me by bond, which bond or bonds may not be discharged during my life. Now in the event such bond or bonds shall be due & owing to me at the time of my decease I will & bequeath the said debts so owing to my said son & desire that my Executor may give up to the said SIMON GRAY the said bond or bonds to be cancelled.
And lastly I nominate constitute and appoint my beloved son WILLIAM JEFFREYS & my son in law JOHN P. STRICKLAND Executors to this my last will & Testament.
In testimony whereof I have hereunto set my hand & seal the 1st day of November 1822.
MARY JEFFREYS

Signed, Sealed & Published in
presence of
D. L. BARRINGER
JAMES JORDAN, Jurat


Franklin County- March Sessions 1827

I hereby certify that the foregoing will was exhibited in Open Court for probate and the execution thereof duly proven by the oath of JAMES JORDAN one of the subscribing witnesses thereto and was on motion ordered to be Recorded & filed

Test
S. PATTERSON, Clk

(Note: This was Mary Gray, widow of William Jeffreys, who died in 1802 Franklin County; William was the son of Osborn Jeffreys, who died in 1793)

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Will of JACOB JONES - 1851
Franklin County Wills & Inventories 1848-1853
Volume N, Pages 341-342

In the name of God Amen, I JACOB JONES of the State of North Carolina Franklin County, being unwell and far advanced in life yet possessing perfect sound use of mind and disposing memory, and knowing that it is appointed to man once to die do make this my last will and testament in manner and form following, namely,
Item 1st. I give my body to be decently buried, and my Soul to God who gave it.

Item 2d. I give to the children of my daughter MARTHA LONG, twenty five acres of land on the House tract lying on the North east corner of said tract, adjoining the land of JOSIAH BRIDGERS, sd land to be for the use of sd. MARTHA LONG and her children, also fifty Dollars to the sd. MARTHA LONG and her children and my Executors is attend to this matter.

Item 3d. I lend to my beloved wife SUSANA JONES the balance of my home tract of land, and all my RATLEY land, with five Negroes during her natural life or widowhood, viz, NAT, POLL, MACY, LUCINDA and ANN ELIZA, also one horse, two cows and calves, two sows & pigs and one years provision, with my entire stock of sheep.

Item 4th. I give to my daughter HARRIET MOORE two Negroes namely CHANY & SILVY.

Item 5. I lend to my grand son WILBER FISK FOSTER one Negro girl MARIA until he is twenty one years old provided that he should arrive at that age but if he should die before that time, the said girl MARIA with her increase if any to come back into my family, also the feather bed which his mother SUSANA FOSTER carried from my house and the furniture belonging to it.

Item 6. I give to my son JACOB C. JONES one dollar.

Item 7th. I give to my son JOSHUA one Negro boy DAVY.

Item 8th. I give to my sons, CALVIN JONES, CHESLY JONES and WESLEY JONES, four Negroes namely JEFFREY, ADALINE, DOCTOR and SAM to be sold and equally among them three and JACOB C. JONES children they to have one fourth part of the proceeds arising from the sale of the above named Negroes.

Item 9th. I give my wife SUSANA JONES one feather bed and the necessary furniture during her natural life.

Item 10th. I give to my three sons CALVIN JONES, CHESLY JONES, and WESLEY JONES all the remaining part of my perishable estate after taking out the bequeathed also made to be sold and my just debts paid and what remains of its proceeds to be equally divided among the three boys named, and JACOB C. JONES children them to have one fourth part of the proceeds of said sales, also the five Negroes lent to my wife SUSANA JONES at her death to be sold, and the proceeds arriving from the said sale to be equally divided among my three boys named above, and JACOB C. JONES Children they to have one fourth part of the proceed of said sales.

Item 11th. I give at the death of my wife SUSANA JONES all my land not heretofore disposed of to be sold and the proceeds of said sale to be equally divided amongst my four sons, JOSHUA JONES, CALVIN JONES, CHESLY JONES and WESLEY JONES, and JACOB C. JONES children they to have one fifth part of the proceeds of the said sale.

Item 12th. I hereby nominate and appoint my three sons CALVIN JONES, CHESLY JONES, & WESLEY JONES my lawful executors to this act and settle all my business according to the true meaning and spirit of the foregoing will, In witness whereof I have set my hand and seal this the 10th day of September in the year of our Lord One thousand eigh hundred and forty.

JACOB JONES

Signed & sealed
Presence of
PEYTON HARRIS
CASWELL FINCH


Proven at June Ct. 1851


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Will of FRANCIS PERSON - 1815
Franklin County, Wills & Inventories, 1812-1815
Volume D, Page 172

In the name of God Amen. the twenty six day of April in the Year of Our Lord, One thousand eight hundred and fifteen. I FRANCIS PERSON of Franklin County North Carolina being very sick and weak in body, but of perfect mind and memory. Thanks be given unto God for the same, and calling to mind the mortality of my body and knowing it is appointed for all men once to die, do make and ordain this my last Will and Testament, that is to say, principally and first of all, I give and recommend my Soul unto the hands of God that gave it, and for my body, I recommend it to the earth, to be buried in a Christian like and decent manner , 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 and as touching my worldly Estate wherewith it hath pleased God to bless me in this life, I give devise and dispose of the same in manner and form following, that is to say-
In the first place I lend to SALLY my dearly beloved wife all my Estate real and personal that is not given to my children JACK B. PERSON TURNER PERSON and POLLY JONES- PERSON In the following Legacies, untill TURNER comes of age at which time it is my desire if she still remains a widow - my will is that she retain one Negroe man named ISAAC and Negro woman named JINN & boy named MOSES, two horses two cows & calves two sows & piggs two beads & furniture and one chest one table one loom pott & pan with some other necessary articles too tedious to mention all the rest of the property at that time to be equally divided, personal between JACK B. PERSON  TURNER PERSON & POLLY J. PERSON only that JACK have no more of the horses after her decs't or widowhood the property to be equally divided except the dowery land and that I wish to go to TURNER PERSON at the decease of my wife.
I give unto JACK B. PERSON all my land on the north side of the long branch with 8 or ten acres on the South side at the lower end at the flatt rocks also about 50 acres of THOMAS GUPTON tract by a line drawn from the head of the long branch so as to include the house & orchard I also give the said JACK a Negroe woman named DOLL with her two children SURRY & RACHEL also a Negro man named JACK & three head of horses one a mare with foald the GIBBS mare two horses a black and a bay both young two cows & calves two beads & furniture.
I also give to TURNER PERSON when free both tracts of land that I purchased of JOHN BARNES & LEWIS WILHITE also one Negroe man named TOM and one Negroe named KIZIAH & one boy named MINGO two beads & furniture and two cows & calves.
I also give unto my daughter POLLY JONES PERSON a Negroe woman named MOLLY & four children TILLIE   NANNY   SILVEY & SOLOMON two beads & furniture a case of drawers, one chest one dressing table.
I also constitute JACK B. PERSON and AMOS JONES Executors of this my last will & testament disallow revoke and disannul all and every other former Testaments, Wills and Legacies by me in any ways before this time named, willed and bequeathed, ratifying and confirming this and no other to be my last will and testament.
In witness whereof I have hereunto set my hand and seal, the day and year above written.

FRANCIS PERSON


Test
A. JONES (Jurat)
JOHN B. PERSON (Jurat)


Returned June Court 1815.
 

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Will of AMOS VAUGHN -1815
Franklin County, Wills & Inventories, 1812-1815
Volume D, Page 173

In the Name of God Amen, I AMOS VAUGHN of Franklin County State of North Carolina being low of in State of bodily health but sound of mind and memory and knowing that it is appointed for men once to die I therefore comit my soul to God that gave it and my worldly goods as follows-

to wit, I leave all my property to be sold except one heifer at WILLIAM FLEETWOODS that I give to CHARITY RICHARDSON son MERRITT all the rest to be equally divided between my mother DELIAH RICHERSON CHARITY RICHARSON & WILLIAM WORLIEs two children that he had by my sister RHODA and that part to be purt on Interest by the Executor till they shall come of lawfull age and if either dies the whole to the other if both should died to my other two sisters childrens equally a one tray and pail I give out side to CHARITY RICHARDSON and lastly I appoint JOHN RICHARDSON & CALLOOM MOORE my two Executors of this my last will & testament in witness whereof I have set my hand and fixt my seal
AMOS VAUGHAN ("A" his mark)
April 16th, 1815


in presents of
Test
BENNET WOOD JR.
GREEN WOOD
WM. MORRIS


(Note: Charity Vaughn-Richardson was the wife of Alsey Richardson of Nash Co.; Charity had given birth to an illegitimate child with James Willis around 1805, as referenced in Nash Co. Court Records from 1805 through 1810. Charity was still a VAUGHN when she had her child, and apparently had married Richardson around 1807; Merritt was probably the name of that illegimate child)
 

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Estate of ROBERT WEBB WILLIAMS -1823
Franklin County, North Carolina

(Robert Webb Williams was born Feb. 27, 1792 and died intestate on Nov. 15, 1822, the son of Major William Williams & Elizabeth Kearney. He was married to Harty Hodges Davis, on Oct. 1812. Their son, Dr. Robert Edgar Williams, later lived in Franklin Co., for the first few years of his marriage to Valeria Virginia Kearney, then eventually moved to Warren Co. where he built Myrtle Lawn Plantation)

We the undersigned commissioners appointed by the Worshipful Court of Pleas & Quarter Sessions held for the County of Franklin December Term to value lay off & allott the balance of the Negroes belonging to the Estate of ROBERT WILLIAMS Dec'd - between his widow. MRS. HARTY H. WILLIAMS and his two sons ROBERT E. WILLIAMS & ARCH'D D. WILLIAMS. In compliance with said order we have this day met at MRS. H. H. WILLIAMS, & have valued and allotted to each there distributive share, as follows:
Lott No. 1 drawn by MRS. HARTY H. WILLIAMS - FILL, CHARLES, MARIAH, FRANK, CAROLINE, ANGELINA, SARAH, MANERVA, SUCKEY, JERRY, RINA, OLD NANCY & WILCOX, valued at four thousand nine hundred & ninety one Dollars, Ninety one and two third cents ($4991.91 2/3).
Lott No. 2 drawn by ROB. E. WILLIAMS - GUILFORD, EATON, ROSETTA, JULIA, ELIZA, CHERRY, MARIAH & SILVA, this lot has to pay to Lott No. 3 drawn by ARCH'D D. WILLIAMS - ARTER, POMPEY, JIM, GABRIEL, ELVERA, JOHN, HENRY, OLD FANNY & MARY, and is entitled to one Hundred and eight 33 1/3 cents from Lott No. 2 all of which is duly submitted to Worships.
Given under our hands and seals this 28th December 1836.
ELIJAH B. PERRY
GEOG. W. STAMPER



State of North Carolina
Franklin County
Court of Pleas & Quarter Sessions
December Term A.D. 1836

To the Worshipful, the Justices of the Court aforesaid
The Petition of ROBERT E. WILLIAMS & ARCHIBALD WILLIAMS by ARCHIBALD H. DAVIS, their Guardian & next friend and of HEARTY WILLIAMS respectfully represents that ROBERT WILLIAMS the father of your Petitioners ROBERT E. & ARCHIBALD & the husband of your Petitioner HEARTY departed this life in the year ____ leaving her widow your Petitioner HEARTY & your Petitioners ROBERT E. WILLIAMS and ARCHIBALD & ELIZABETH WILLIAMS, who intermarried with JAMES YARBOROUGH, RUINA WILLIAMS who intermarried with SAM'L T. ALSTON & MARTHA WILLIAMS who intermarried with BENJAMIN BULLARD his children him surviving - that administration upon his Estate was by this Court duly granted to WILLIAM WILLIAMS Senr the father of said ROBERT dec'd now of the County of Warren, who duly settled the Estate of the said ROBERT and has delivered over to the next of kin the whole of the Negro slaves belonging to the Estate of the said ROBERT together with sundry other slaves a number about thirty or forty which he had duly given to your Petitioners. Your Petitioners further shew that said ELIZABETH, RUINA & MARTHA have received their share of the said slaves belonging to the Estate of the said ROBERT dec'd and that the residue of the same together with those given to your Petitioners by the aforesaid WM. WILLIAMS are held by them and divided- that a division of said slaves is highly desirable and your Petitioners therefore pray your worships to appoint commissioners to divide between them the slaves held by them in common as aforesaid so that the shares of each of your Petitioners may be specially set apart and that said Petitioners may report to next Court & your Petitioners &c.


State of North Carolina
Franklin County
Court of Pleas & Quarter Sessions
December Term 1836

On motion it is ordered by the Court that GEORGE STAMPER, ELIJAH B. PERRY & SAMUEL PERRY be appointed commissioners to divide the shares mentioned in the foregoing Petition according to the prayer thereof and that they report to next Court accordingly.

Test
S. PATTERSON Clk


ROBT. E. WILLIAMS
& OTHERS
To the Court
Pet. for div. of Slaves
Copy & order
Mar. 6, 1837
Recorded in Book K, Folio 119



We the undersigned commissioners proceeded in obedience to order of the worshipfull Court of Pleas & Quarter Sessions for the County of Franklin of March Term 1836.
Having examined all the accts of MAJ. WM. WILLIAMS as Admr. of ROBT. W. WILLIAMS dec'd Report that there is a bal. due said Adm'r aforesaid of Fifteen hundred & thirty Eight Dollars 24/100 all of which is respectfully submitted. Given under our hands & seals this 16th March 1836

N. GUPTON
ELIJAH B. PERRY

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