Will of William McCurry

At the time the will was written, Rebecca, Cynthia, Mahaly, Mareny, Matheny, and James were at home, and Mareny, Matheny and James were not of age. Presumably the others were married.

The will names his wife, Elizabeth, who was born in 1765, and our great-grandfather, Micajah McCurry, his executors. Joseph Taylor, our grandfather, was a witness to the will. Following is an exact copy of the will as written:

Wills..................October Court 1828
In the name of God Amen.

William McCurry of the State of North Carolina and the County of Rutherford being very weak and low in body but of perfect sound and memory thanks be given unto God; calling unto mind the mortality of my body, and knowing that 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 into the hands of Almighty God that gave it and my body I recommend to the Earth to be buried in a decent Christian burial 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 such worldly estate wherewith it has. pleased God to bless me in this life, I give demise and dispose of the same in the following manner and form. First, I give and bequeath unto Elizabeth McCurry my dearly beloved wife after my just debts are paid and satisfied I give to my said wife Elizabeth all my household and kitchen furniture and all my land and plantation whereon I now live and the working tools both out of doors & in the house and my lom and all its utensils and all my negroes except one which is to be sold at the discretion of my executors which ever my beloved wife sees cause to sell, and I give unto my said wife all my stock of cattle hogs sheep and geese, except what is hereinafter mentioned; towit, I give unto each my daughters .now living with me one cow and calf each towit Rebecca, Cynthia, Mahaly, Mareny & Matheny & they are to take them away at my decease except Mareny and Matheny who are not of age & when they become of age they are to take their cows out of the way of my widow and I also give unto beloved wife two horse beasts out of my stock and she is to take her choie.out of the stock at my decease; and I give also unto my daughters Rebecca, Cynthia, Mahaly, Marina and Matheny one / bed and furniture to each of them, and give unto my Son James McCurry one horse or money to buy one with out of my estate whenever he becomes of age; And my beloved wife after giving' off the above mentioned property to my daughters she is to hold the ballance at her disposal during her lifetime of widowhood and if she should choose to marry again then all the property and estate that I have bequeathed unto her to be sold at the discretion of my executors and the money arriving from such sale to be equally divided amongst all my Children and if she does not marry then at her death to be sold and divided as aforesaid.

There is a tract of land on the waters of Sandy Run & Branch Creek to be sold, also the negro before mentioned and the ballance of my.stock of horses to be sold on a reasonable credit at the discretionof my Executors and the money arriving from such sale to be equally divided amongst all my children towit Peggy Melton, Phebe Henderson, John McCurry, William McCurry, Amos McCurry, Rebecca McCurry, Betsy Ledford, Nancy Webb, Selas McCurry, Cynthia, Mehaly, Mariney, Matheny and James except Mareny which I give twelve dollars more than any of the other children and the ballance to be equally between her and all the other children. I do hereby constitute and appoint my beloved wife Elizabeth McCurry and Micajah McCurry my sole executors to this my last Will and Testament and I do hereby utterly disallow revoke and disannul all and every other former testaments, wills, legacies, bequeths and executors by me in any wise before name willed and bequeathed, ratefying and confirming this and no other to be my last will and Testament.

In Whereof I hereunto set my hand and seal this seventeenth day of September one thousand eight hundred & twenty eight. Signed, sealed, published pronounced and declared by the said William McCurry as his last Will and Testament in presence and in the presence of me.

Joseph Taylor

(Jurat) William X McCurry (Seal)

(his mark)

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Derick S. Hartshorn - 2008
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