Franklin County Wills

Wills & Estates, Pt. 4

 

Will of THOMAS BLACKNALL-1860
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 750-751
June Court 1864

North Carolina
Franklin County
I THOMAS BLACKNALL of the County of Franklin and State of North Carolina being of sound and disposing mind and memory do on this the 5th day of May A.D. 1860 make, publish and declare this my last Will & Testament in manner and form following, that is to say
First. I give and bequeath to my beloved wife PATSY BLACKNALL for and during her life all my land or Real Estate including my Tool tract of land as well as that on which I reside also my two Negro men STARLIN & CHARLES, my household and kitchen furniture, stock of horses (except one hereinafter given to my son GABRIEL), cattle, hogs, sheep, poultry, farming utensils &c to have and to hold said land & other property for and during the term of her life.
Second. I give and bequeath to my son GABRIEL one horse to be selected by him and my blacksmith tools. I also give and bequeath to my said son GABRIEL after the death of my said wife my Negro men STARLIN & CHARLES, also two cows and calves, one sow & pigs.
Third. After the death of my wife PATSEY, I give and bequeath to my grandson TOM DUNCE his heirs and assigns fifteen acres of land to be laid and allotted to him on the west side of my house tract near Lynches Creek to be held by the said TOM DUNCE as a home for his mother HARRIET DUNCE, and in trust for that purpose during her life and after her death at his absolute disposal.
Fourth. After the death of my wife PATSEY, I give and bequeath to my son GABRIEL his heirs and assigns one third (1/3) part of all the balance of my land not herein before disposed of and the remaining two thirds (2/3) I give and bequeath to my daughters BECKY & PEGG for life to be equally divided between them and after their respective deaths, the share of each is to go to her children and after the death of my wife it is my will and desire that all the property given to her for life that may be then on hand and which is not otherwise disposed of by me in this will shall be equally divided between my daughters BECKY & PEGGY.
Fifth. I give and bequeath unto MARY FOGG her heirs and assigns my Negro man BOB.
Sixth. All the rest & residue of my Estate that may not otherwise disposed of I give and bequeath to my wife PATSEY BLACKNALL.
Seventh. I nominate, constitute and appoint JOHN J. HAYS my Executor to execute this my last will and testament according to the true intent and meaning thereof hereby revoking all other wills and testaments by me heretofore made.
In witness whereof I have hereunto set my hand and seal this the 5th day of May A.D. 1860.
THOMAS BLACKNALL ("X" his mark)

Witness
LEW R. JONES
GEO. W. MACON

Note: Thomas Blacknall was a former slave of William Blacknall who was freed in 1820 after the filing of petitions by James House, who had purchased him from Blacknall's estate. His slaves Starling and Charles took the BLACKNALL surname and their marriages are included in the Freedmen's Marriages on this site.

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Estate of THOMAS BLACKNALL -1870
State of North Carolina
Franklin County
In the Superior Court

To the Sheriff of Franklin County
Greeting:
Whereas in a Special proceeding entitled: GABRIEL BLACKNALL, REBECCA MAYO Et al
Ex Parte
Petition for Partition.
The land described in the pleadings were partitioned and a Decree confirming the same was made 2nd day of Jany. 1889. Partitioning the THOMAS BLACKNALL land in Hayesville Township adjoining the lands of WOODLEY HAWKINS, WILLIAM MACON and others, And whereas in said partition the Lot 2, was charged with an severalty of division in favor of Lot No. 4 for the sum of Fifty one & 34/100 Dollars to make said division equal. And whereas there is still due and unpaid the sum of Twelve & 53/100 Dollars ($12.53) of said severalty of division and which is a Lieu on Lot No. 2 assigned to M. T. HAWKINS in favor of Lot No. 4 allotted to MINNIE FOGG. Now: on motion of J. A. HAWKINS, Guardian of said MINNIE FOGG, you are hereby ordered to satisfy the said judgment out of said lot No.2 belonging to the said M. T. HAWKINS at the time of the confirmation of the Decree, together with the sum of $1.10 cost in the above proceeding since expended and have you this execution together with the money before our said Court at the Court house in Louisburg on the 6th Monday after the 1st Monday in March next then and there to render the same to the said J. A. HAWKINS Guardian.
Issued the 12th day of March 1894
B. B. MASSENBURG
Clerk Superior Court


J. A. HAWKINS
Guardian
Vs
M.T. HAWKINS
Execution

Issued 12th March 1894
H. C. KEARNEY Shff.
Execution satisfied in full April 19th 1894, by M. T. HAWKINS. I have retained my first commissions to wit - 84/100 Dollars, and the balance Judgt & Court Cost Thirteen & 63/100 dollars I have paid to B. B. MASSENBURG, CSC.
H. C. KEARNEY, Shff.


February 1, 1871

List of property left of THOS. BLACKNALL dec'd, the Blacksmith, as follows - 1 bond on EDWARD MAYHO for 50 dollars not collected
1 bond on WILLIAM WHITE & JOHN KITTRELL for 50 probably will be collected. Also 3 head of horses 2 vary & the other a colt 1 year old. Cattle 8 head 2 died, 2 killed for the of saving them all dead or killed since his death. Sheep 11 all strayed or died since- hogs all killed or died since. Household & kitchen furniture.
PATTIE BLACKNALL ("X" her mark)
GABRIEL BLACKNALL ("X" her mark)

Test
N. T. MACON


The Estate was owing nothing and no money has come into my hands except JONES to pay taxes which has been furnished by the family of the deceased. The property is now in the hands of the family as the will directed.
JOHN J. HAYS

Sworn and subscribed to before me this 3rd Feby 1871.
R. H. TIMBERLAKE
Probate Judge


Franklin County
In the Superior Court

In the Matter of GABRIEL BLACKNALL & Others
Ex Parte

E. N. DENT represents to the Court that MINNIE A. FOGG is interested in one of the parties in the above entitled proceedings. She is an infant ten years of age and without either a general testamentary Guardian, and the said E. N. DENT makes application for said infant for the appointment by this Court of same on Court person as her next friend to represent her in said proceeding. And this applicant has no interest in said proceeding.
Oct. 24, 1888 E. N. DENT


Franklin County
In the Superior Court
In the Matter of GABRIEL BLACKNALL & Others
Ex Parte

On the written application of E. N. DENT, a reputable uninterested person, WOODLEY HAWKINS - it is found by me after inquiry to be fit & suitable person in hereby appointed next friend of MINNIE A. FOGG as her fact to represent her the said proceeding.
Oct. 24, 1888. WM. J. KING, CS Court


Franklin County
In the Superior Court
In the matter GABRIEL BLACKNALL, REBECCA MAYO, SAMUEL MAYO, JOSEPH MAYO, MARY RUSSELL, EDWARD MAYO and MARTHA MAYO. HARRIET DUNCE & TOM DUNCE, M. T. HAWKINS, THOS. HAWKINS, JAS. A. HAWKINS and MINNIE A. FOGG by her next friend WOODLEY HAWKINS.

To the Court
The petition of GABRIEL BLACKNALL, REBECCA MAYO, SAMUEL MAYO, JOSEPH MAYO, MARY RUSSELL, EDWARD MAY, MARTHA MAYO, HARRIET DUNCE & TOM DUNCE, M. T. HAWKINS, THOS. H. HAWKINS, JAS. A. HAWKINS and MINNIE A. FOGG an infant by her next friend WOODLEY HAWKINS, respectfully showeth to the Court that THOMAS BLACKNALL died in the County of Franklin in April 1864, leaving a last will which was duly proved before the Court of Pleas & Quarter Session of said County. That JNO. J. HAYES, the executor therein named duly qualified as such, that the said THOMAS BLACKNALL was signed out for s???? at the time of his death of tract of land situated in said County adjoining each other. and surrounded by the lands of MRS. N. T. MACON, W. F. EDWARDS, R. F. GILL, J. E. ALFORD, G. W. JONES, W. H. WINNS, WOODLEY HAWKINS and the GID MACON estate, containing six hundred & fifty four acres more or less. That by said will the said land was devised to the testators wife PATSY BLACKNALL for life, and after death, it was provided that fifteen acres of the land to be cut off from the home tract near Lynches Creek should go to TOM DUNCE his heirs and assigns the tract for the use and benefit of HARRIET DUNCE for life and remainder to son TOM DUNCE in fee. And the residue of said lands now in force of as follows- one third thereof to petitioner GABRIEL BLACKNALL in fee and the remaining two thirds to b divided equally between the testators daughters REBECCA MAYO and PEGGY HAWKINS to be held by each for her life with remainder or to each above over to their respective children. PATSY BLACKNALL is dead, and PEGGY HAWKINS is dead and M. T. HAWKINS, THOS. H. HAWKINS, and JAS. A. HAWKINS are her children, and MINNIE A. FOGG is the only child of a deceased daughter, the said REBECCA MAYO is still living, Petitioners SAMUEL MAYO, JOSEPH MAYO, MARY RUSSELL, EDWARD MAYO, & MARTHA MAYO are her children.
Your Petitioners further show that they desire to hold their shares of said land in severalty, and to that end they pray that the Court will appoint three uninterested persons competent to serve as commissioners, who shall first allot to TOM DUNCE in trust for HARRIET DUNCE for life with remainder in fee to heirs, fifteen acres of said land to be cut off from the house tract near Lynches' Creek, then divide the other with their parts and allot to GABRIEL BLACKNALL one part thereof in fee simple, and allott one other part thereof to the Petitioner REBECCA MAYO for life with remainder in fee to her said children the said SAMUEL MAYO, JOSEPH MAYO, MARY RUSSELL, EDWARD MAYO and MARTHA MAYO, and the other their which is the share of the children of PEGGY HAWKINS, then shall divide cut four equal shares and allot one each to M. T. HAWKINS, T. H. HAWKINS, JAS. A. HAWKINS, and MINNIE A. FOGG. Your petitioners in duty will ever pray &c Oct. 24, 1888.
C. M. COOKE, Atty. for Petitioners


Franklin County
In the Superior Court

In the Matter of GABRIEL BLACKNALL, REBECCA MAYO, SAM'L MAYO, JOSEPH MAYO, MARY RUSSELL, EDWARD MAYO & MARTHA MAYO, TOM DUNCE & HARRIET DUNCE, M. T. HAWKINS, THOS. H. HAWKINS, JAS. A HAWKINS, and MINNIE A. FOGG by her next friend WOODLEY HAWKINS. ---Ex Parte

Petition for Partition/Order for Partition

This cause coming re to be heard on the petition of the above named parties in the above entitled Special proceedings it is ordered and decreed that R. G. WINNE, SAMUEL G. MACON, and B. W. WILSON be and they are hereby appointed Commissioners to divide the land among the said Petitioners in severalty according to their respective interests. And the said Commissioners after being duly sworn by some person competent to administer oaths, to so distribute justice between the said Petitioners, will cut off & allot the severalty to TOM DUNCE in trust for HARRIET DUNCE for her life with remainder in fee to himself fifteen (15) acres of land be taken from the tract known as the THOMAS BLACKNALL house tract, next to Lynches Creek, an of the balance of the land belonging to the estate of the said THOMAS BLACKNALL dec'd, and described in said petition, they shall allot one third to GABRIEL BLACKNALL in severalty in fee simple, and one third thereof they shall allot in severalty to REBECCA MAYO for life with remainder in fee to her children the petitioners, SAMUEL MAYO, JOSEPH MAYO, and MARTHA MAYO, and the other third they shall divide into four equal shares and allot in severalty one share each in fee simple to M. T. HAWKINS, T. H. HAWKINS, J. A. HAWKINS, and MINNIE A. FOGG. And in making said division the said commissioners are authorized if it shall be necessary to officiate, a just division & charge any dividend & dividends with such sums as seems or shall be necessary to be paid the other survivors or individuals in order to make a just division according to the parties intended. The commissioners will employ a surveyor for the purpose of making said division & will make report of their proceedings to this Court Oct. 24, 1888.

WM. J. KING
Clerk of Superior Court
Franklin County

Appearance at Henderson, Vance County Oct. 24, 1888.
J. F. GRAVES
Judge Presiding



GABRIEL BLACKNALL, REBECCA MAYO, Et Al, Ex Parte
Petition for Partition

Decree of Confirmation
The Commissioners who were appointed to divide the lands described in the petition having filed their report and the division made by them appearing just and equal and no exceptions to said report having been filed within the time prescribed by law, it is ordered and decreed that the said report be and the same is hereby in all respects confirmed.
And it is further ordered and adjudged that the costs of this proceeding be paid by the parties thereto in proportion to their respective interests.
This 2nd day of January 1889.

WM. J. KING
Clerk of Superior Court


The Lot No. 2 was allotted to M. T. HAWKINS in severalty bounded as follows to wit, Beginning at a Red oak stump on the south side of the Haysville Road, MACON's corner, thence west 52 poles to a stake and pointers corner of No. 4, thence North 64 poles to a stake and Willow pointer corner of No. 1 thence S 86 E 141 poles 18 links to a rock in MACON's line corner of No. 1 thence S 2 W 59 poles 15 links to a stake & red oak MACONS's corner, thence N 72 W 90 poles t a rock thence S 2 W 21 poles 7 links to the beginning containing Fifty acres. Valued at Four hundred and sixty two and 50/100 dollars.
The Lot No. 3 was allotted to J. A. HAWKINS in severalty bounded as follows, to wit, beginning ata rock and LOCUST pointer in MRS. MACON's line, and corner of No. 1 thence South 79 poles 4 links to a rock corner of No. 4, thence West 103 poles to a rock corner of No. 4, in REBECCA MAYO's line, thence North 79 poles 2 links to a rock MAYO's corner in MACON's line, thence East 103 poles to the beginning. Containing Fifty one acres, One acre excepted for Public School House valued at Three hundred and fifty dollars. The Lot No. 4 was allotted to MINNIE FOGG in severalty bounded as follows to wit, beginning at a stake and pointers corner of No. 2 in MISS PRISCILLA MACON's line, thence North 48 poles to a stake corner of No. 3 thence West 103 poles to a rock corner of No.3 n REBECCA MAYO's line, thence South 100 poles 10 links to a stake MAYO's corner in HIX WYNNE's line, thence S 88 E 61 poles to a dead white oak WYNNE's corner in MACON's line, thence N 2 W 54 poles 17 links to a stake MACON's corner thence East 44 poles to the beginning. Containing Fifty one acres, valued at Three hundred and fifty seven dollars.
We furthermore charge the more valuable dividends with such sums to be paid to the dividends of inferior value so as to make the division equal, that is to say the Lot No. 1 assigned to T. H. HAWKINS is to the sum of Fifty-five and 44/100 dollars.
To Lot No. 3 and the Lot No. 2 allotted to M. T. HAWKINS is to pay to the Lot No. 4 the sum of Fifty-one and 31/100 dollars and to the Lot No. 3 Two and 87/100 dollars.
All which is respectfully submitted under our hands and seals this 3rd day of December 1888.

B. W. WILSON
S. Y. MACON R. G. WINN
 

Note: Minnie A. Fogg was the daughter of Peter Fogg & Mary Jane Hawkins, daughter of Woodley Hawkins & Margaret "Peggy" Blacknall-Hawkins.

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Will of MILBRY DUNN- 1861
Franklin County Wills & Inventories 1861-1864
Volume R, Page 752
June Court 1864

In the name of God Amen
I MILBRY DUNN sometimes called MILBRY MITCHELL do make & publish this my last will & testament.
Item 1st. I give and devise to S. T. WILDER in compensation and payment for his kindness and attention to my business a part of my house and home tract of land. commencing at the gangway above the Blacksmith shop thence along the road the width of one acre thence back the width of one and a half acres thence to CATHERINE DUNCE's corner.
Item 2nd. I give and devise to Dr. WILLIE PERRY in compensation and payment of I owe him for all his attention and kindness to me the remainder of my house & home tract of land being the place on which I now live.
Item 3rd. I give & devise to my relation ALFRED MITCHELL of Raleigh the sum of one hundred dollars to be paid out of my property by my Executor & request him to give his three daughters & wife dress each.
Item 5th. I give to my nephew WILLIAM ROE my bed & suit of clothes belonging to it.
Item 6th. I give to my relation MARY ELIZA DUNSTON one brass kettle now in my possession in the same way.
Item 7th. I give to my relation MILBRY A. RATLY one set of silver tea spoons & silver scissors chain in the same way.
Item 8th. I give to my relation CHESTON JONES' wife one bureau & one looking glass in the same way.
Item 10th. I give to MATILDA DUNSTON one trunnell beadstead & mattress with one counterpain sheet bed quilt & comfort in the same way.
I appoint S. T. WILDER my Executor to this my last will & testament in witness whereof I have hereunto set my hand and seal this 27th day of Aug. 1861.

MILBRY DUNN ("X" her mark)

Signed & published in presence of
JNO. C. KING
GEO. TUNSTALL

 

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Will of JAMES IREDELL FOSTER - 1861
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 795-796
December Court 1864

In the name of God Amen
I JAMES IREDELL FOSTER, formerly of Montgomery County, Texas, now of Franklin County, North Carolina being of sound mind & memory and well in body but being conscious of the uncertainty of life do make this my last Will & Testament, to wit,
Imprimus-  I commend my soul to the mercy of God through our Lord Jesus Christ
I give bequeath and devise to my well beloved brother JOHN A. FOSTER of Montgomery County, Texas all my earthly Estate real, personal & mixed in possession & in action consisting in part as follows: One tract of land situated on the West San Jacinto River in Montgomery County, Texas it being a part of that portion of the ten & one eighth Labor survey of MARY FOSTERs that was assigned or allotted to us in the partition of her Estate from ours as heirs of JAMES I FOSTER deceased which is more accurately described in a Deed bearing date January 15th 1859 executed & delivered to me by my said brother My undivided interest in another tract of land situated on Coney Creek in the last mentioned County & State known as the FOSTER Headright. All the interest I have or may have in a certain lawsuit now pending in the District Court of Montgomery County, Texas between the heirs of MARY CORLEY deceased & the Executors of ALEXANDER McCOWAN deceased. Three notes (two of them for Four Hundred and Thirty Dollars each and the other for Four Hundred & Thirty two 50/100 Dollars) bearing date January 15th 1859 and payable on the 1st of January 1860, the 1st of January 1861 & the 1st of January 1862 respectively and executed to me by my said brother JOHN A. FOSTER my interest of one mostly[?] in an old Negro woman named BETSY with the request that my said brother take good care of her during the remainder of her life.
Item.  It is my will and desire that my said brother and legatees out of the money herein bequeathed to him appropriate Three Hundred Dollars for two gold watches to cost one Hundred & Fifty Dollars each and that he purchase & present one of said watches to each of my well beloved half-sisters, MARY and LOUISA CORLEY as testimonials of affection from me.
Lastly. I hereby nominate & appoint my said brother JOHN A. FOSTER Executor of this my last will and testament.
In testimony of all which I have hereunto signed my name this the 6th day of May 1861.
JAMES I. FOSTER

Signed in the presents of
SUSAN P. H. FOSTER
WILLIAM K. BARHAM

 

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Will of HOWELL HARRIS-1861
Franklin County Wills & Inventories 1861-1864
Volume R, Page 798
December Court 1864

In the name of God Amen
I HOWELL HARRIS of the County of Franklin and State of North Carolina being of sound mind and memory revoking al others do make constitute and ordain this my last will and testament
Item 1st. I give to my wife, TABBY all of my estate during her life and at her death to be divided equally between my children with the exception of JAMES A. PLUMMER who are now beyond the limits of this state.
Item 2d. I give to the heirs of my son BUCKNER HARRIS the land on which he now resides lying in the County of Warren.
Item 3d. I give to my daughter MANERVA's heirs the portion of property she would be entitled to at the death of her mother and should she have no heirs the property shall revert back to the family.
Item 4th. I wish my son BENJAMIN and WADE HARRIS to remain on the plantation with my wife and that BENJAMIN shall have all he makes after allowing a support for my wife.
Item 5th. My son BUCKNER is not to come in as a legatee after the death of my wife having had his portion as specified above.
Item 6th. I hereby nominate and appoint my son BENJAMIN HARRIS Executor to this my last will & testament.
In witness whereof I have hereunto set my hand and affixed my seal this day March 18, 1861.
HOWELL HARRIS ("X" his mark)

Witness
JOHN C. DAVIS
FRANK PATTERSON

 

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Will of WILLIAM JEFFREYS-1864
Franklin County Wills & Inventories 1861-1864
Volume R, Page 799
December Court 1864

In the name of God Amen
I WILLIAM JEFFREYS of the County of Franklin and State of North Carolina being of sound mind and disposing memory do hereby make and publish this my last will and testament hereby revoking all former wills and testaments by me at any time heretofore made.
Item 1st. I give devise and bequeath to my beloved wife ELIZABETH JEFFREYS one tract of land that whereon I now live situate on both sides of Little River including the mansion house the boundaries of which are as follows, to wit, beginning at two maples and gums on the Root Branch on the Raleigh Road thence along said road 22 poles crossing the River at the Bridge to a Pine thence NW 179 poles to a post oak, thence N 5 W 274 poles to a stake and Pointers thence N 84 E 284 poles to a hickory thence 5 1/3 W 248 poles to an ash on the Root Branch thence down said Branch as it meanders to the beginning containing by estimation six Hundred (600) acres And also the following Negro slaves, to wit, Negroes TURNER, ANDERSON, BUCK, HENRY, OFFIE, SIMON, JACOB, SIMEON, CAROLINE, TEMPY, NANCY, CHARLOTTE, and infant CATE, and also ten shares of stock in the Bank of North Carolina, also all of my household and kitchen furniture (except that hereinafter devised to my daughter LIDDIE P. JEFFREYS) two carriage horses, my best family carriage and harness, three picked mules or horses, six cows and six calves, one dozen sheep, six sows and pigs of her choice, one yoke of oxen and best cart, one hundred and fifty barrels of corn, seven thousand pounds of good fodder and as much shucks wheat, peas, oats, ??? cotton and other necessaries to live on as she may designate, three thousand pounds of bacon or Four thousand pounds of pork, two hundred pounds of brown sugar, one hundred ponds of coffee and two hundred an fifty pounds of lard, six weed and four grubing hoes, all the garden tools, six axes, six plows and twelve plow hoes, one hundred pounds of bar iron, one brandy still and barrels, one double barrel shot gun and apperature, one barrel wagon and harness and one one horse wagon and harness, one choice loom and fixtures, three spinning wheels, three fawer(?) of cards and one flax wheel, one Georgia cotton gin & bands to have and to hold during her natural life and at the death of my said wife, I give, bequeath and devise all the above described property both real and personal given to my wife during her natural life to be divided into six equal parts that is to say one sixth part thereof to the children of my daughter SARAH J. AUSTIN deceased, namely WILLIAM H. AUSTIN, CHARLES J. AUSTIN and ELIZABETH L. AUSTIN, to be equally divided among them, to them and their heirs.
One sixth part to the children of my daughter MARY A. E. PERSON deceased, namely MARY E. BODDIE, ELIZABETH H. PERSON, W. C. PERSON, MOURNING H. PERSON, and CAROLINE PERSON to be equally divided among them, to them and their heirs, and in the event of either of these children of my daughter MARY A. E. PERSON dying without issue or before attaining twenty one years of age, then and in that case I give bequeath and devise his, her or their part to the surviving brothers and sisters to them and their heirs.
One sixth part to my daughter C.A.P. PORTER to her and her heirs.
One sixth part to my daughter S.P. JEFFREYS to her and her heirs.
One six part to my daughter E. H. JONES to her and her heirs.
One sixth part to J. ROBERT JEFFREYS and WM. F. GREEN to them and their heirs in trust for the use and benefit of my daughter ADDELONIA L. PERRY and her children and at her death the said property is to be equally divided between her children to them and their heirs.

Item 2nd. I give, bequeath and devise to my daughter C.A.P. PORTER to her, her heirs and personal representatives one part of land, known and designated on the plat as Lot No. 1 containing by estimation two hundred and thirty (230) acres and bounded as follows namely beginning at a Post oak HARRIS corner on the Raleigh road, thence along said Road 98 poles to a lightwood stake, thence S 42 E 334 poles to stake and pointers, thence N 62 E7 poles to dead Oak and pine, thence E 27 poles to a stake, thence N 1 E 158 poles to a pine, thence N 45 W 193 to a oak stump, thence N 38 W 44 poles to the beginning.

Item 3rd. I give, bequeath and devise to my grand children MARY E. BODDIE, ELIZABETH H. PERSON, W. C. PERSON, MOURNING H. PERSON and CAROLINE PERSON, one tract of land known and designated on the plat as Lot No. 2 and bounded as follows (to wit) beginning at a stake on the Road corner of Lot No. 1 thence 40 E 334 poles to a stake, thence S 62 W 118 poles to a stake and pointers, thence N 40 W 304 poles to a stake on the Road thence along the Road to the beginning containing by estimation two hundred and thirty (230) acres, to them and their heirs and in the event of either one of these my aforesaid grand children dying without issue or before attaining twenty one years of age, then and in that case, I give bequeath and devise his, her or their part ot the surviving brothers and sisters to them and their hers.

Item 4th. I give, bequeath and devise to my daughter EUGENIA H. JONES wife of DR. J. W. JONES, one tract of land known and designated on the plat as Lot No. 3 and bounded as follows, to wit, beginning at a stake on the Raleigh Road corner of Lot No. 2, thence S 40 E 161 poles to a stake and pointers, thence S 49 W 322 poles to three willow oaks on Little River, thence up the River to a rock on the Road near the Bridges thence along said Road to the beginning containing two hundred and thirty (230) acres. Also the following Negro slaves namely ALEXANDER, ELIZA and her increase, HUGH, HENRIETTA, NELSON, JANE and her increase, MARGARET and her increase and Ten shares of stock in the Bank of North Carolina to her, her heirs and personal representatives.

Item 5th. I give, bequeath, and devise to my daughter LIDDIE P. JEFFREYS, one tract of land known and designated on the plat as Lot No. 4 and bounded as follows, to wit, beginning at a stake corner of Lot No. 3 thence S 49 W 322 poles to three willow oaks on Little River thence down the River to the mouth of the three branches, thence up the three branches to the mouth of the Holly Spring Branch, thence up said Branch to a Sweet Gum near its head, thence N 62 E 122 poles to a stake corner of Lot No. 2 thence N 40 W 143 1/3 poles to the beginning containing two hundred and thirty two (232) acres. Also ten shares of stock in the Bank of North Carolina and the following Negro slaves, to wit, SILAS, ROMULUS, ALBERT, HELEN, and her increase, ANN and LUCY and their increase, one bureaux and wash stand, one folding table, two beds, two bedsteads and furniture, half dozen chairs and one pair of Ottomans, to her, her heirs and personal representatives.

Item 6th. I give, bequeath and devise to my son J. ROBERT JEFFREYS and my nephew W. F. GREEN to them and their heirs the following land and Negroes to be held in trust for the following purpose, one tract of land known and designated on the plat as Lot No. 5 and lying on the North side of the Raleigh Road and bounded as follows, to wit, beginning at a stake on the Road corner of Church (Elizabeth Chapel) land, thence N 514 W 15 poles to a stump HARRIS corner thence N 31 W 23 poles to a post oak thence N 98 W 203 poles to a dead post oak, thence 61 2/3 W 259 poles to an Ash on Reedy Branch thence down said Branch as it meanders to a bunch of maples and gums on the South side of the Road thence along said head in a North wardly direction to the beginning containing two hundred and five (205) acres. Also Negro slaves WRIGHT, CORNELUS, AGGY and her increase, MATILDA and her increase, ALSTON, MEDORA and her increase, ELLA, MARIAH, SELINA, FLORA, and KALESHA to be held in trust by the said J. ROBERT JEFFREYS and WILLIAM F. GREEN, and I direct their annual hire, rent or annual profits to be paid to my daughter ADDELONIA L. PERRY and at her death this said property is to be equally divided among her children to them and their heirs.

Item 7th. I give bequeath and devise to my grand children WM. H. AUSTIN, CHAS. J. AUSTIN, and ELIZABETH L. AUSTIN the following Negro slaves, to wit, HENRY, NARCISSA, YOUNG, TURNER, DALLAS & MARIAH and her increase. Also fifteen hundred dollars to be equally divided among them to them, their heirs and personal representatives.

Item 8th. I give, bequeath and devise to my grand children ROBT. W. JEFFREYS, ED. L. JEFFREYS, and W. A. JEFFREYS the following tract of undivided land namely two shares one J. G. JEFFREYS and W. D. JEFFREYS interest in the dower tract of land belonging to MRS. GILLY JEFFREYS situated and lying in Wake County to them and their heirs.

Item 9th. I give, bequeath and devise to my son JAMES ROBT. JEFFREYS to him, his heirs and personal representatives all the balance of my land containing Four thousand (4000) acres or more lying in the Counties of Franklin and Wake and also the following Negro slaves, to wit, NORFLET, HUNTER, JESSEE, KINCHEN, ORVILLE, BILLY, TILLA, and her increase, CALVIN, ALFRED, ANDERSON, RENA and CATE, also my single barrel shot gun, razors, iron safe, and log wheels and all my mill fixtures.

Item 10th. I give, bequeath and devise to my grand son WILLIAM JEFFREYS SR. my silver watch and chain to him, his heirs and personal representatives.

Item 11th. I give, bequeath and devise to my daughter in law MARTHA H. JEFFREYS during her natural life or widowhood one Negro girl GEORGIANNA and her increase and at the death or marriage of the said MARTHA JEFFREYS I give, bequeath and devise the said Negro GEORGIANNA and her increase to be equally divided among my grand children R. W. JEFFREYS, ED. JEFFREYS and W. A. JEFFREYS to them their heirs and personal representatives.

Item 12th. I direct my Executors to pay all of my just debts if there shall be any outstanding at my death and all the balance of my property of every description not herein disposed of I direct to be sold and the proceeds arising therefrom I give, devise and bequeath as follows, that is to say one eight part to my beloved wife ELIZABETH JEFFREYS to her her heirs and personal representatives.
One eight part to the children of W. A. JEFFREYS deceased to be equally divided among them to them & their heirs & personal representatives.
One eight part to the children of my daughter SARAH J. AUSTIN deceased to be equally divided among them to them their heirs and personal representatives.
One eight part to the children of my daughter MARY A. E. PERSON deceased to be equally divided among them to them their heirs and personal representatives.
One eight part to my daughter C.A.P. PORTER to her & her heirs and personal representatives.
One eight part to my daughter LIDDIE P. JEFFREYS to her & her heirs and personal representatives.
One eight part to my daughter ADDELONIA L. PERRY to her & her heirs and personal representatives.
One eight part to my daughter E. H. JONES to her & her heirs and personal representatives.
Lastly, I do hereby make, constitute and appoint my son J. ROBERT JEFFREYS and my nephew WILLIAM F. GREEN my Executors to this my last will and testament.
In testamony whereof, I have hereunto set my hand and seal that the 4th day of November A.D. 1863.
WM. JEFFREYS

Test.
W. S. HARRIS
SAML HARRIS
 

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Will of RICHARD JONES -1856
Franklin County Wills & Inventories 1861-1864
Volume R, Page 752-753
June Court 1864

In the name of God Amen.
I RICHARD JONES of the County of Franklin State of North Carolina being of sound and perfect mind and memory (blessed be God) do this the 2nd day of March in the year of our Lord One thousand Eight hundred & fifty six make and publish this my last Will and Testament in the following manner that is to say, I give and bequeath to my dearly beloved wife, ELIZABETH A. JONES at my death the following property viz the tract of land on which I reside all of my stock of every description all of my plantation utensils, household & kitchen furniture and all other property in my possession.
And I hereby make and ordain my worthy son-in-law THOMAS J. BLACKNALL Executor of this my last will & testament. In witness whereof, I the said RICHARD JONES have to this my last will and testament set my hand & seal this day & year above written.
RICH'D JONES

Signed, sealed, published & declared by the said RICHARD JONES the testator as his last Will & Testament in the presence of us who were present at the time of signing sealing thereof
R. P. JONES
JUNIUS O. BRIEN
HUGH S. HAYS

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Will of JOEL KING-1853
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 782-783
September Court 1864

In the name of God Amen
I JOEL KING of the County of Franklin and State of North Carolina being of sound disposing mind do make and ordain this my last Will and Testament in manner and form following, to wit, first I commit & commend my spirit to my Gracious God who gave it and my body to a decent burial.
Secondly. I lend to my beloved wife MARTHA ELIZABETH KING five hundred acres of land to be cut off by a N and So. line on the west end of my plantation including the manor dwelling house with all the out-houses thereto pertaining during her natural life and after her death I give & bequeath the same to my son BENJAMIN JOEL KING to him and his heirs forever I also give and bequeath to my said wife the following Negroes, to wit, RIDDICK, HANNAH, ELLICK, AVY, NANCY, HENRY, JOHN, ANZA, MARANDA, EDMOND, BRISTER & SARAH them and their increase from the present time. I also give & bequeath to my said wife the whole of my household & kitchen furniture, my carriage and carriage horses & plow horses, twelve head of cattle, 30 head of hogs, 1 yoke of oxen one ox cart and as much of the plantation utensils as she may want. I also give to my said wife four hundred dollars in cash to her and her heirs forever.
Thirdly. I give & bequeath to my son JOHN GABRIEL KING the following Negro slaves, to wit, WASHINGTON, CAROLINE SR, JOEL, ELIZABETH, MARY JANE, COLYER, ISAIAH and WILLIAM- them and their increase from this date to him and his heirs forever.
Fourthly. I give and bequeath to my daughter SARAH HELEN SHAW the following Negro slaves, to wit, DICK SR, FANNY, MINGA, LINDER, CAROLINE JR her two children, namely NATHAN & IZADORA, JACK the blacksmith & ANDERSON and COBEN with their increase from this date to her and her heirs forever.
Fifthly. I give and bequeath to my son WILLIAM RICHMOND KING the following Negro slaves, to wit, SEASAR, DICK JR, BOBB, BARBARA, PRISCILLER, LUCINDA, NORFLEET & FRANCES with their increase from this date to him and his heirs forever.
Sixthly. I give and bequeath to my son BENJAMIN JOEL KING the balance of my land and plantation and the following Negro slaves, to wit, GILBERT, TOM, SAM, JIM, MARTHA, HICKSY, ARYANNA, HARRIET, BENJAMIN, MARINA and LOUISA with their increase from this date to him and his heirs forever.
Seventhly. It is my will and desire that the residue of my property be sold by my Executor and the proceeds of the same together with what may be due me be equally divided between my wife and four children after paying my just debts.
I hereby nominate and appoint my sons JOHN GABRIEL KING and my son WILLIAM RICHMOND KING my true & lawful Executors to this my last will and testament.
Given under my hand and seal this the 15th day of August 1853.
N.B. the words together with what may be due me were interlined before signing.

JOEL KING

Acknowledged and published by the testator to be his last will & testament
J. S. BARROW
WISTON PERRY
 

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Will of A. C. MASSENBURG- 1861
Franklin County Wills & Inventories 1861-1864
Volume R, Page 795

In the name of God Amen
I, A. C. MASSENBURG do make this my last will and testament as follows
1st. After paying all my just debts I give all my worldly goods of every kind & degree real as well personal to my father N. B. MASSENBURG and his heirs forever.
I nominate constitute and appoint my father N. B. MASSENBURG my executor to this my last will and testament. In witness whereof I have hereunto set my hand and seal this the 24th day of May A.D. 1861.
A. C. MASSENBURG


At the request of A. C. MASSENBURG
We subscribe our names as witnesses to the foregoing will

W. W. JONES jurat
R. E. BALLARD
 

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Division of Slaves JULIUS MAY-1863
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 768-769
June Court 1864

State of North Carolina
Franklin County
Court of Pleas & Quarter Sessions
Dec. Term A.D. 1863

To the worshipful the Justices of said Court
The Petition of MATILDA MAY widow of JULIUS MAY deceased, WILLIAM A. STONE & SUSAN H. his wife, LOUISA P. MAY, CHARLES O. MAY, C. E. BENNETT & BETTIE J. his wife, SARAH J. MAY and ELLA F. MAY an infant under twenty-one years of age by her next friend the said MATILDA MAY respectfully showeth unto your worships that they are tenants in common of the following slaves, to wit, KINCHEN, AUSTIN, HAWKINS, PAUL, OSBORN, HILMAN, KATE, POLLY, NELLY & SUSAN.
Your petitioners further show that they desire to hold their shares of said slaves in severalty and to that end they pray your worships to appoint three freeholders unconnected with them by consanguinity or affinity to divide the said slaves into seven equal shares and to allot and set apart to each of your petitioners one of said shares in severalty and to report their proceedings in due form of law to the next term of this Court. And your petitioners as in duty bound will ever pray.
W. K. BARHAM, Atto. for Pet.


On motion the following freeholders DAN'L S. HILL, C. J. EGERTON, T. J. HARRIS, S. T. WILDER and JONES FULLER are appointed commissioners (any three of whom may act) to divide the slaves named in the petition into seven equal shares & to allot to each of the petitioners one share thereof in severalty and to report their proceedings in due form of law to the next term of this Court.
T. C. HORTON, CCC

North Carolina
Franklin County
Court of Pleas & Quarter Sessions
June Term 1864

The commissioners appointed by the foregoing order of Court (a majority acting) respectfully submit the following report that we the undersigned met at the residence of MRS. MAY and had the slaves brought before us and after examination did value and allot the slaves mentioned in the foregoing petition as follows:

No. 2 CATHERINE -$3500 allotted to SARAH MAY
No. 3 NELLY - $3800 allotted to B. J. BENNETT
No. 5. HAWKINS & HILMAN - $4000 allotted to ELLA MAY
No. 6 KINCHEN & PAUL - $3250 allotted to OLIVER MAY
No. 7 OSBORNE - $3500 allotted to MATILDA MAY
All of which is respectfully submitted
MRS. STONE directed to keep POLLY advance to her by Father before his death.

JONES FULLER
C. J. EGERTON
S. T. WILDER
 

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Will of WILLIAM H. MURRY-1861
Franklin County Wills & Inventories 1861-1864
Volume R, Page 751
June Court 1864

I WILLIAM H. MURRY of Nash County, North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance do make and declare this my last will and testament in manner and form following to say
First. That my Executor shall sell all of my property pay all my just debts howsoever and to whomsoever owing of the moneys that may first come into his hands as part or parcel of my estate.
Second. All the moneys left after paying my just debts shall remain in the hands of my Executor during the lifetime of my mother and the proceeds be equally divided annually between my mother and my two sisters REBECCA and JULIANN.
Thirdly. That after the death of my mother all of my estate shall be equally divided between all of my brothers and sisters.
And lastly I do hereby constitute and appoint my trusty friend PASSUM NICHOLS my lawful Executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said WILLIAM H. MURRY do hereunto set my hand and seal this 30th of April 1861.

W. H. MURRY

Signed, sealed, published and declared by the said WILLIAM H. MURRY to be his last will and testament in the presence of us who at his request & in his presence do subscribe our names as witnesses thereto

G. SILLS
G. W. ARRINGTON
 

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Will of PASSUM NICHOLS-1863
Franklin County Wills & Inventories 1861-1864
Volume R, Page 783
September Court 1864

North Carolina
Franklin County

July the 18th 1863
Considering the uncertainty of life I make this my last will and testament that is to say that after all my just debts are paid that I give to SARAH ADELINE NICHOLS my wife all of my estate of all description.

PASSUM NICHOLS

 

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Division of Slaves of BURWELL PERRY-1864
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 762-763
June Court 1864

North Carolina Court of Pleas and Quarter Sessions
Franklin County
December Term 1863
The petition of JAMES REID and NANCY his wife and TEMPORANCE BATTLE against THOMAS PERRY, C. TRENT and MARY his wife, A. P. BROWN and MARTHA his wife, WM H. BONNER, C. L. DOUGLAS, and his wife, and JAMES BONNER
Your petitioners aforesaid respectfully show to your worships that BURWELL PERRY late of said County died in June 1862 leaving a will in writing which has been proved in said Court in solemn form, that your petitioner JAMES REID the only executor therein named at the time of the probate thereof, to wit, at term 1863 of said Court duly qualified as such and took on himself the burden of its execution. The said testator in his said will after providing for his two old slaves RED and PEGGY, directs the residue of his slaves to be divided into four equal parts and gives one slave to his sister the said NANCY wife of the said JAMES REID, one to his sister the said TEMPERANCE BATTLE, one to his brother the said THOMAS PERRY and the remaining share to the living children of his sister MARTHA BONNER as will more fully appear by reference to said will a copy of which is herewith filed. The living children of the said MARTHA BONNER and MARY TRENT wife of C. TRENT, MARTHA wife of Dr. A. P. BROWN, WILLIAM H. BONNER, JAMES BONNER and the wife of CURRAN L. DOUGLAS by name
All of whom reside beyond the limits of this state your petitioners desire a division of said slaves and the said JAMES REID executor as aforesaid is ready to surrender the said slaves for that purpose. The following are the names of the Negroes bequeathed as aforesaid JOE and LILLA his wife, JOE, SARAH, TEMPIE, JOHN, MOSES, SIDNEY, LEWIS, HANNAH, ABRAM, CALVIN, DOCTOR, ANDERSON, ANTHONY CUFFEE, HENRY, CHANY, GEORGE, NAT, SILVY, JIM, SOLOMON, LOUISA, ANACA, HANNAH, PEYTON, PLEZANT, SALLY, OSCAR and Your petitioners pray your worships to appoint commissioners according to law to divide said slaves between themselves and the said defendants according to the directions of said will and to report their proceedings in due form to the next term of this Court. May it please your worships to order publication to be made as to the defendants herein before named all of whom reside beyond the limits of this state notifying them of the filing of this petition and that unless they appear at the next term of this Court and plead answer or demur thereto the same will be taken as confessed and heard expartee.

North Carolina
Franklin County
Court of Pleas and Quarter Sessions
March Term 1864

TEMPERANCE BATTLE & others vs THOMAS PERRY and others
Petition for a division of slaves

Upon the hearing of this petition it is ordered and decreed that JOSEPH B. LITTLEJOHN, PETER S. FOSTER, JOHN E. THOMAS and A. W. PEARCE or any three of them be appointed commissioners to divide the slaves mentioned in the petition according to the prayer thereof into four equal shares and to allot one of said shares to the petitioner JAMES REID in right of his wife NANCY one to the petitioner TEMPERANCE BATTLE one to the defendant THOMAS PERRY and the remaining share to the defendants C. TRENT in right of his wife MARY, Dr. A. P. BROWN in right of his wife MARTHA, CURRAN L. DOUGLAS in right of his wife, WILLIAM H. BONNER and JAMES BONNER. Said commissioners are to be duly sworn and are to report their proceedings in due form to the next term of this Court.

T. C. HORTON, CCC


North Carolina
Franklin County

We the subscribers having been appointed commissioners at March Term 1864 of Franklin County Court to divide the slaves named in the Petition of TEMPERANCE BATTLE & others according to the rights of the parties as set forth in the decree of the Court in said cause have in obedience to said decree proceeded to divide the same and respectfully submit the following report. We allot to THOMAS PERRY the following slaves, to wit, CALVIN CUFFY, SARAH & Child SIDNEY, SALLY, ANTHONY & ABRAM. We allot to NANCY REID wife of JAMES REID the following slaves, to wit, OSCAR, LEWIS & HANNAH his wife, CHANY & Child HARRIET, NAT, LOUISA & Child WILLIAM, HENRY & GEORGE. We allot to the children of MARTHA BONNER named in the petition & decree the following slaves, to wit, JIM, JOE (Sr),CILLA & MARY, TEMPE, JOE (Jr), JOHN & PEYTON. We allot to TEMPERANCE BATTLE the following slaves, to wit, ANDERSON, DOCTOR, SOLOMON, ANNACA, HANNAH, SILVA & PLESANT. For equality of division the share of THOMAS PERRY is to pay to that of the children of MARTHA BONNER the sum of $458.75. The share of NANCY REID is to pay to that of the children of the said MARTHA BONNER $96.25 and the share of TEMPERANCE BATTLE is to pay to that of the children of MARTHA BONNER $46.25.

P. S. FOSTER
A. W. PEARCE
J. B. LITTLEJOHN
JOHN E. THOMAS
 

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Division of JOSEPH N. M. SMITH Family Slaves-1864
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 766-767
June Court 1864

North Carolina
Franklin County
Court of Pleas & Quarter Sessions
March Term 1864

To the worshipful the Justices of said Court
The Petition of WILLIAM SMITH an infant under twenty one years of age by J. J. STONE his next friend and of ROBERT OVERTON & ELIZABETH his wife formerly ELIZABETH SMITH respectfully show to your worships that they are tenants in common of the following slaves viz CHERRY, SUSAN, LUCY, JOHANNA, HARRY and GEORGE.
Your petitioners further show that they desire to hold their shares of said slaves in severalty and to that and they pray your worships to appoint three freeholders unconnected with them by consanguinity or affinity to divide said salves into two equal shares & to allot and set apart to your petitioner WILLIAM SMITH one of said shares i severalty and to your petitioner ROBT OVERTON & ELIZABETH his wife the other share in severalty and report their proceedings in due form of law to the next Term of this Court.
And your petitioners as in duty bound will every pray &c.
EDWARDS for Petos.


On motion the following freeholders viz HARTWELL H. HIGHT, SIMON G. HAYS & THOS J. BLACKNALL are appointed commissioners to divide the slaves named in the petition into two equal shares and to allot to the petitioner WILLIAM SMITH, one share thereof in severalty and to the petitioners ROBERT OVERTON & ELIZABETH his wife the other share thereof in severalty and if this cannot be done with exact equality then to assess the more valuable dividend to pay to the less valuable dividend such sum of money as shall make each of said shares equal and report their proceedings in due form of law to the next Term of this Court.
T. C. HORTON, CCC


North Carolina
Franklin County

we the undersigned commissioners appointed at the March term of the Court of Pleas and Quarter Sessions held for the County of Franklin in the State of North Carolina to divide the following named Negroes viz, CHERRY aged 42, JOHANNA aged 26 & child, HARRY aged 16, GEORGE aged 5, SUSAN aged 5, and LUCY aged 2 years into two equal shares between WILLIAM SMITH and ROBERT OVERTON & ELIZABETH his wife tenants in common have made the following division of the same, viz,
WILLIAM SMITH we allot
JOHANNA & Child value - $4000
GEORGE value - 1250
LUCY value -------- 750
To receive -$6000
------------------ 125
[Total]-------$6125

To ROBERT OVERTON we allot
CHERRY value - $1500
HARRY value - 3500
SUSAN value - 1250
To pay ---- $6250
----------------- 125
[Total]----- $6125

Given under our hands and seals this the 30th day of Apr. 1864.
THOS J. BLACKNALL
S. G. HAYS
H. H. HIGHT
 

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Hire of Slaves of WILLIAM T. SPIVEY-1864
Franklin County Wills & Inventories 1861-1864
Volume R, Page 764
June Court 1864

Amount of Hire of Negroes belonging to the Estate of WILLIAM T. SPIVEY dec'd for the year 1864
FADY & Child lowest bidder-to JOHN RACKLEY $74.00
TERRY & 2 Children lowest bidder-to MRS. S. J. SPIVEY - 144.00
ISRAEL lowest bidder - to JAMES VINCENT - 12.00
________
Total $230.00

ISHAM - WM. COPPEDGE - $279.00
TOM - MRS. MATHEW WILDER - 370.00
BOB - S. J. SPIVEY - 345.00
MARCELLUS - Capt. A. STALLINGS - 310.00
CHERRY - E. EDWARDS - 12.00
ELLEN - W. HOPKINS - 63.00
DELIA - A. W. PEARCE JR. - 81.00
ISABELLA - WM. COPPEDGE - 150.00
JULIANN - THOMAS GILL - 47.00
LUCINDA - ED HARRIS - 29.00
ALVIN - ABEL BOWDEN - 77.00
BETTIE - MRS. S. J. SPIVEY - 41.00
LOUISA - H. STALLINGS - 77.00
[Total] --------------------1881.00
-------------------------------230.00
Net-----------------------$1651.00

JOHN R. HARRIS Admr. of W. T. SPIVEY Dec'd

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Will of DAVID THOMAS -1855
Franklin County Wills & Inventories 1861-1864
Volume R, Pages 796-797
December Court 1864

In the name of God Amen
I DAVID THOMAS of the County of Franklin and State of North Carolina do make publish and declare this to be my last will and testament in manner following
First. I give and bequeath to my daughter SALLIE T. MACON wife of SEBASTIAN MACON the following slaves now in her possession, to wit, YOUNG, LOUISA, and her child LOUIS, FRANK, JANE, and her three children HILLIARD, SANDUS & ELLA with their increase from this time.
Secondly. I give and bequeath to SEBASTIAN MACON the following slaves now in possession of my daughter LUCY ANN MACON, to wit, TOM, HARRIET, PEGGY, PETER, SALLY, WILLIAM, ADALINE, and HENRY with their increase from this time to have and to hold same in trust for the sole separate and exclusive use and benefit of my said daughter LUCY ANN MACON for and during the term of her natural life free from the control of her present or any future husband and at her death to be equally divided per ????? amongst her surviving issue and if she should die without leaving issue then to be equally divided per ????? amongst the issue of my SALLIE T. MACON who may be living at the death of my said LUCY ANN MACON.
Thirdly. I lend to my beloved wife DRUSILLA THOMAS for and during the term of her natural life all my lands all my slaves not herein before disposed of and all other property of every description which I may own at my death and I give and devise the said lands at my wifes death to SEBASTIAN MACON and his heirs in trust for the sole separate and exclusive use and benefit of my daughter LUCY ANN MACON for and during the term of her natural life free from the control of her present or future husband with remainder at her death in fee simple to her surviving issue per ????? and at my said wifes death I give and bequeath to my daughter SALLIE T. MACON as many of the slaves lent to my wife for life as aforesaid as may be equal in value to the said lands at that time the value of the said lands and slaves at my wifes death to be ascertained by three freeholders to be then appointed by SEBASTIAN MACON the share of SALLIE T. MACON is so allotted to her with any and all other property belonging to my estate I give to my said daughters SALLIE T. MACON and LUCY ANN MACON to be equally divided between them the share of my daughter LUCY ANN to be held in trust by SEBASTIAN MACON for her sole separate and exclusive use and benefit during her life and at her death to be subject in all respects to the same remainders and constitutions as are annexed to the bequest of slaves in her favor in the second clause of this will.
Fourthly. My executors are not required to sell the perishable property lent to my wife unless she desires it and if it shall be necessary to sell any portion of the estate for the payment of my debts she is at liberty to select out of the personal property lent to her such property as she may keep for that purpose.

And lastly, I nominate and appoint my beloved wife DRUCILLA THOMAS and SEBASTIAN MACON to be executrix and executor to this my last will and testament. In witness whereof I have hereunto set my hand and seal this 10th day of September A.D. 1855.

DAVID THOMAS

Signed, sealed published and declared in presence of
JOEL THOMAS
ROBT J. SHAW

 

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Will of JOHN B. TUCKER- 1864
Franklin County Wills & Inventories 1861-1864
Volume R, Page 798
December Court 1864

I, JOHN B. TUCKER of the County of Franklin & State of North Carolina being at this time of sound mind do make this as my last will and testament, to wit
I leave and bequeath to my beloved wife MARY ELIZABETH TUCKER all my property of every description the term of her natural life after her death to be equally divided amongst all my children. In the event of my wife's marriage I give her only a childs part of my estate This 10th day of September 1864 (she and her in the last last line interlined before signed)

JOHN B. TUCKER ("X" his mark)

Signed and acknowledged in the presence of
WM R. KING
JOHN E. THOMAS

 

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