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Benjamin M. Gibbs - 1858
Oct. 21, 1858 - Codicil: Jan. 13, 1859 - May Term 1859
Will: Hyde Co., NC Will Bk. 8; pgs. 366-367

State of North Carolina )
      Hyde County            )

In The Name of GOD Amen.  Know ye that I Benj. M. Gibbs of the County & State aforesaid being of sound mind and memory do make and constitute this instrument of writing to be my Last Will & Testament revoking all others by me or for me made in anywise.  It is my wish to [be] burried in a Christian like manner by my Executrix and Executor.  Now as touching my property such as kind Providence has blessed me with I give and bequeath in form and manner as follows (to wit)

Item 1st: I give and bequeath to my wife Sarah R. Gibbs a certain piece or parceal of land during her natural life bounded as follows: commencing at Middle Creek and runing a strait line So as to intersect a leading dich to Eastward of my dwelling house and with said ditch through to another ditch through my field and with said ditch paralel with the first ditch to Middle Creek and with the courses of said Creek to the beginning including the swelling house and all out houses except one barn to the East of the dwelling house I also give to my wife four negroes none [known] by Sarah Aron Picket and Hannah all of my house hold and kitchen furniture my carriage & harness two horses one yoke of oxen and vart and one horse cart and harness four cows and all my hogs fifty barrels corn and the short corn tree ploughs, and harness and all the poultry to her & her heirs and assigns forever also wheat machine fan & two grist mills.

Item 2nd: I give to my son Benj. F. Gibbs an piece of land commencing at a stone in the same line of Barrows Heirs to the N Ward to the lane of Barrows Heirs to the west and Southardly to a leading ditch paralel with the first line and with the said ditch close by the grave yard to the public road and with said road to the beginning twenty acres of land more or less it being land I bought of R.J. Wynn and I give him a privilege in rail timber to the East of my house and when he shall sell said piece of land his privilege in timber expires.  I give him two negros namely Bartlet and George 1 horse & bridle & saddle one oxen & cart bed & bed stead which he has already in his possession except the land to him his heirs and assigns forever.

Item 3rd:  I give to Dorcas Jane Mann three negroes namely Edna Charles and Sarah one cow & calf bed & bed stead to her her heirs & assigns forever.

Item 4th: I give my daughter Nancy E. Thompson four negroes namely Mozella Thomas Patrick & Robert she has one cow & calf bed & bed stead to her her heirs & assigns forever.

Item 5th: I give my daughter Amanda A. Midgett four negroes namely Manier Sabra Morgan and Elizabeth to her & her heirs and assigns forever one bed & bed stead the cow & calf she has already.

Item 6th:  I give to my son W.H. Gibbs one half of all the land on the west side of the public road that I own in fee simple from the land I give to my son B.F. Gibbs and running with the main road to Shau Pughs line and with Shau Pughs line to lands belonging to Heirs Z.W. Barrow decd. and their line to the line of land I give to B.F. Gibbs and with his line to the beginning of main road it being fifty acres more or less and I give him privilege of rail timber and fire wood to East of my house as long as he owns said land & one half of lot of store house & ware house at Middleton two negros Jerry & Mary and one horse and bridle and saddle to him his heirs and assigns forever.

Item 7:  I give my son James W. Gibbs the one half of all my land on the West side of the main road that I own in fee simple it lying in the same piece and bounded by the same lines as that I give to William it being undivided W.H. Gibbs to have half of said land and my son James W. Gibbs the other half.  I also give him right in fire wood and rail timber to the East of his dwelling house as long as he owns said land.  I give him one half of a lot of land & store house & ware House on Middle Creek.  I give him two negros Joseph and Luezar one horse & bridle and saddle to him his heirs & assigns forever.

Item 8:  I give to my daughter Sarah A. Gibbs three negroes Harriet Edom and Jane one bed and bed stead one cow & calf to her her heirs and assigns forever.

Item 9th:  I give to my son Thos. R. Gibbs all the land lying West of my garden commencing at Middle Creek and running so as to intersect the west side of garden then runing a course through my field paralel with Will Cahoon land to Shau Pughs ditch and with said ditch of Pughs to main road & with main road to W. Cahoons land and with Cahoon lines to Middle Creek and with said Creek to the beginning including an hundred acres more or less to him his heirs and assigns forever.

Item 10th:  I give to my son Augustus M. Gibbs the remainder of the land whereon I now live commencing at Richards line in Middle Creek running with said Creek to the sound and with the sound to Fulfords line to Thos. R. Gibbs line and with said Gibbs line to the Creek or beginning all or part having sufficience to a dower I give to my wife to him his heirs & assigns forever.

Now as touching the rest of my property as special by the slaves namely Emeline John Francis Pelege Edward Anson Pleasent Silvester and Graham in all which said negroes I wish to remain in common stock between my four youngest children namely Marzell Gibbs Thos. B Gibbs Leusa M. Gibbs and Augustus M. Gibbs to be own by them their heirs and assigns forever.  Now in case one marries or become of age he or she can by law draw out their share of property and leave the rest in common and so on until the last one marries or becomes of age and all of my property that is not given away I want my Executrix and Executor to dispose of in the best way and manner and pay all of my just lawful debts.  I want my wife to close [clothe] and school my seven youngest children she having the use of their lands & negroes rent and hire and as they become of age or marries then have their property to themselves to this my Last Will and Testament making all others by me or for me made I appoint my wife Sarah R. Gibbs and my son Benj. F. Gibbs sole Executrix & Executor making all others by me or for me made In testimony whereof I the said Benj. M. Gibbs have hereunto set my name and seal this 21st Oct. 1858 A.D. 1858.
    /s/ Benj. M. Gibbs

Test. Benj. B. Fulford
         Selby Watson

State of North Carolina )
      Hyde County            )
    This may certify unto all whom it may concern that I Benj. M. Gibbs being of sound mind have considered over this my Last Will and Testament signed by me witnessed on the 21st day of Oct. 1858 and want all of my heirs that I have given my negroes to, that in case their is children born from the date of this Will that is 21st Oct. 1858 and after the heirs that I given any negro or negros to that they shall have all the increase of every child born in each of their respective lots to he or she and their heirs and assigns forever.  I have given to my son Will H. Gibbs one gold watch and to James W. Gibbs one silver watch.  Given under my hand and seal this Jany. 13th 1859.
     /s/ Benj. M. Gibbs

Attest  B. B. Fulford
            Selby Watson

Hyde County SS - May Term 1859
    Then was this within and foregoing paper writing purporting to be the Last Will & Testament of Benjamin M. Gibbs, dec'd., exhibited for probate in open Court by Benj. F. Gibbs & Sarah R. Gibbs, the Executor & Executrix therein named and the due execution thereof by the said Benj. M. Gibbs was proved by the oath & examination of Benj. B. Fulford and Selby Watson the subscribing witnesses thereto.  It is therefore considered by the Court that the said paper writing and every part is the Last Will & Testament of said Benj. N. Gibbs and the same is ordered to be recorded and filed.  And therefore the said Benj. F. Gibbs and Sarah R. Gibbs the Executor & Executirx as aforsaid duly qualified as such by taking the oath required by law.

This will was contributed by Kay Midgett Sheppard.  This transcription is not from the original.  It was transcribed on Nov. 12, 1971by the CSC, Walter A. Credle.  If you have doubts about this transcription, you should consult the original record.  No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

 

© 2010 Kay Midgett Sheppard