Franklin County Wills:

Will  & Estate of Benjamin Winston 1835

Contributed by Anne Baker


Franklin Co., North Carolina, Book K 1834-1838 (microfilmed 12 Apr 1943 in
Louisburg, NC by Genealogical Society of Utah #18,910 copied at Salt Lake
April 2010)

Will of Benjamin Winston

In the name of God amen I Benjamin Winston being of sound and perfect mind and memory blessed be God do this day the 3d of April in the year of hour Lord 1835 make and publish this my last will and testament manner following that is to say first I commit my sole to god that gave it and My body to the dust from whence it came

Next, I lend unto my beloved wife Elizabeth Winston during her lifetime or widowhood five Negroes and thare increase named as follows to wit Lewis Hester Thomas Silsa and Daniel with two beds and furniture two walnut tables two chest one dozen chairs one sow and pigs one walnut desk one dozen plates four dishes one loom and all the kitchen furniture two mules of the first choice one yoke of oxen and ox cart one still and all the sider cask the cows and colts of the first choice Also all my land and houze or home and as many of my working tools as is nessary to go in the farm and after my wifes death the land is to go to my sone Calvin Winston and the five above named negroes with all thare increase if any All the rest of the above named property that I have lent to my beloved wife after her deth or marriage again is to be sold and the equal divided between my five children or their lawful heirs

Thare names as follows to wit Mary ann Winston; hinton Winston, Caroline Wall; glatha Jackson Winston; Calvin Winston the above named property embrasis all that I entend for my beloved wife with the exsepttion of one years provision after my deth

Next I give unto my daughter Glatha Jackson two negroe girls to wit Tabby and Candis one horse bridle and saddle one cow and calf one bed and furniture

Next I give un to my son Calvin one negroe boy named Ruben one horse bridle and saddle one cow and calf one bed and furniture which the said property is to re main in thare mothers possession until they mary or come of age Calvin is to have this years board and schooling out of his mothers estate if he does not get it in my life time

the property that I have let Mary ann and Caroline and hinton my three eldis children have ?___? to ?___? it to make them equal with the property that I have left willed to my two youngest children that is if my son hinton shall ever have any heirs by his wife if not at his death his negro boy that he now has in possession to come back and be sold and the perches money be equal divided between my 3 children Mary ann, Caroline, Glatha Jackson.
Calvin ?_____?
Also I give to Elizabeth Tamer Cook one bed and furniture

All the rest of my property that I posses that is not named in the above will go to be sold for purpose of paying all of my last debts and if there shall be any over it must be put out in trust for the use for helping to pay for the tuwishson of Calvin and when he becomes of age to be equalley divided between all of my children
If thar should not be Anufe to pay my debts it must be made out of the property that I have left to my wife

And I do hereby appoint my worthy friend Isaac Winston Jr (?or maybe this is Sr?) and my beloved wife Elizabeth Winston my executors to this my last will and testament in Witness here of I have set my hand and affix my seal this the third of April in the year of hour Lord 1835.

Benjamin Winston (Seal)

Barthol Fuller Jurat
C.H. Cook Jurat
Joseph Cook
George Winston

Since the above will was rote I have sold the above named negro Lewis and do put another in his sted by the name of Jinna for the youse of my wife to be disposed of the above named as it was to of been and I also lend to my beloved wife five hundred dollars to be put out in trust during her lifetime and if by her death or marriage to be equal divided between my children Augist 17 .. 1835

Benjamin (his mark) Winston {seal}

Witness: Martha Winston

This is to certify that I do delinquis all rite and title as an exetrix to Isaac Winston on the estate of Benjamin Winston deceast also do authorize him to have commissioners appointd to lay off one years provisions.
December 10th 1835
(signed) Elizabeth Winston {seal}

Witness: Jordan Winston, Jurat

Allowance to Mrs. Winston
We the undersigned commissioners appointed and sworn as directed allot and apportion a years provisions for the widow and family of Benjamin Winston dec'd, allot and apportion as follows to wit; 60 barrels of Corn, 25 hundred pounds of pork, 12 stacks of blade fodder; all the shucks found on the farm; seven half bushels of wheat; 130 pounds of Sugar; 30 pounds of coffee; 3 bushels of salt.
Given under our hand this 19 Dec 1835. Sworn before me: Saml Young JP
(signed) J. Green; H.L. Martin; W.K.

Amount of inventory & Sales at Benjamin Winston dec'd on 5 Jan 1836 There are two pages. Main buyer was the widow Mrs. Elizabeth Winston. Other buyers: Silas Winston, Claiborn Cook, John Pierce, Calvin Winston, Jacob Fox, John Winston, David Williams, George Winston, Drayton Winston, Richard Winston, David Wall, Jacob Yarbrough.

I certify that this is a true copy of the sale and appraisment.
Signed: Isaac Winston, ex.
Recorded 15 Mar 1836.


Listed on page 107 - the estate of Benjamin Winston dec'd Payments to: Hinton A. Winston; Mrs. Elizabeth Winston. Sheriff for taxes, Moses Winston, W. H. Staton?, Dr. W. H. Taylor, J & W. Patton, Isaac Winston Sr, Isaac Winston, Jr, E. H. Brooks, Richard Winston, Robert H. Jones, Silas Winston, Joseph Kerney, John W. Harris, S. Patterson, Clerk, Winston L Kearney, David Wall.


Franklin Co., North Carolina Marriage Records:
Ben. Winston - Elizabeth Cook - 12 Dec 1805. Bondsman: John R. Cook; wit: Jordan Hill
Mary Ann Winston - Richard Winston - 17 May 1825. Bondsman Isaac Winston, wit: S. Patterson
Hinton A. Winston - Frances H. Young - 31 May 1832. Bondsman: Francis Winston. Wit: S. Patterson
Jordan Dent - Glathy J. Winston - 12 Aug 1835 Bond: James Dent wit: S Patterson