Will of John Ricks, 6 January 1845

WILL OF JOHN RICKS, 6 January 1845

Nash County, North Carolina

Research Status: Ongoing

Submitted by:  Earl P. Bell, Jr.

Date:  31 October 2009

Comments to:  earl.bell@gmail.com

[grandfather of Buchanan “Buck” Harper [1856 – 1925] of Nashville Township, Nash County, NC; great grandfather of Mary “Mamie” William Harper Bell [1882 – 1941] of Nashville Township, Nash County, NC; great, great grandfather of Nell Proctor McCaskill of Laurinburg, NC, Yates Proctor, deceased, of Rocky Mt., NC, Steve Proctor of Rocky Mt., NC, Cora Bell Young, Ann Bell Young, Mary Bell Worrell of Raleigh, NC, Earl P. Bell, Jr., of Olympia Fields, IL,  Mary Alice Bell Bragg of Raleigh, NC, William Hansel Bell of Benicia, California, Edward Dunn of Raleigh, NC, Wayne Dunn of Raleigh, NC, Joann Dunn Bynum of Greenville, NC, Rose Bell and Myra Bell Johnson of Siler City, NC]

In the name of God amen.  I JOHN RICKS of the County of Nash in the State of North Carolina do this the sixth day of January in the year of our Lord one thousand eight hundred & forty five – do make, publish and declare the following paper writing to be and contain my last will and testament – revoking all other wills by me made and declaring this paper writing to be the only one in manner and form that is today,

Item 1st I have already made advances to my daughter SIDNEY S. B. HARPER and her husband WILLIAM J. B. HARPER [Jr.] for money paid to ALFORD JOYNER and his wife PRIMMEY JOYNER, BENNETT ATKINSON and his wife MARY ATKINSON for land – for building a House, for Cattle, Hogs, Black Saddle Cart, which I value to five hundred and eighty five Dollars $545 = which is apart of my Daughter SIDNEY S. B. HARPER’s legacy – now I give and Bequeath to my said Daughter Sidney S. B. HARPER my tract of land with all improvements called the PHILANDER TISDALE land that I bought of land W. W. VICK, Trustee containing 97 or 94 Acres valued at $160.  Also my Tract of land lying on Sappony Swamp containing 97 ½ Acres – which land I Drew in the Division of the lands of the late DAVID RICKS valued to $175 = also my Wright title and interest that I have in the Dower land of ATSEY [PRIGDEN HARPER] RICKS [formerly wife of WILLIAM JOHN BATCHELOR HARPER, SR.] where JAMES BUNTING now lives Valued to $125 – also negro man RANDOLPH usually called BANT Valued to $250 – also negro girl named FANNY Valued $375 – also negro woman named MILLY Valued to $400 0 also negro boy BRYANT Value to $300 – also negro woman named VILET Valued to $350 = with all their increase and the further sum of Twelve hundred and eight Dollars in good notes which makes her legacy of $4000 = this Bequeath is to my Daughter SIDNEY S. B. HARPER and all the Children that she now has or here after may have and to no other person or persons Else =  I appoint my Son-in-law [end of page one] WILLIAM J. B. HARPER Trustee to Take Charge of the property given to my Daughter SIDNEY S. B. HARPER and the Same for the Benefit of my Said Daughter and all the children that She now has or hereafter may have and for no other purpose in any way what ever.

Item 2nd I give and bequeath to my two Sons DAVID A. T. and JEROME RICKS all the negroes say sixteen in number and there in one are Houses wagons and money that they have carried to the State of Alabama – all amounting in value to $7910 with ninety Dollars more to be paid them in money to Equally Divided between them which makes there legacy $4000 Each to them and their heirs forever

Item 3rd I give and bequeath to my Son GEORGE RICKS and all the lawfull begotten heirs of his Boddy and to no other person the follow property  Viz’t, the Tract of land where he now lives on the Back Swamp continuing six hundred and fifty acres be the same more or less due Required to be had to the will of GEORGE BODDIE, Senior and for deeds proven Nov. term of Nash County Court 1844 – Also a Deed of trust from NICHOLAS C. HARRIS on to MR. G. F. DRAKE valued to $1300 – all the stock of Hogs Cows household and Kitchen Furniture that he is now in possession of Valued to $200 – one horse bridle and saddle valued to $100 – one average bed and furniture Valued to $25 – my surveying instruments Valued to $25 – my negro JORDAN Valued to $500 – my negro woman EMALINE and her 2 children names not known that is now at ALFORD JOYNERS Valued to $600 – also good notes to the amount of $1250 which makes his legacy of $4000.

Item 4th I give and bequeath unto my Daughter FRANCES RICKS and all the lawfull begotten heirs of her Boddy and to no other person or persons the following named property  Viz’t  Two Tracts of land that I bought of HOWELL F. ELLIN and THOMAS F. ELLIN containing one hundred and ten acres each.  Also my interest in the SNEED land say one half of [end of page two] Said tract due reguard to be had to two Deeds one from HARRIET SNEED the other from LENINA SNEED – all three Tracts Valued to $750 – one average Bed and Furniture Valued to $25 – one Bridle and Saddle Valued to $15 – negro woman WINNEY and her child LEZAR JANE Valued to $500 – negro boy JOHN valued to $325 – negro boy SOLLOMAN Valued to $275 – negro man JIM BUSH valued to $250 – good note on notes to the amount of $1460 which makes her legacy of $4000  in case my Daughter FRANCES Should mary then and in that case her Husband is appointed Trustee to Take Charge of the property for the  use and Benefit of my said Daughter Frances and all the Children that she many have and I want it to be fully understood by all person that may have the Construing of this paper writing that no part of my Estate is to pass to no person or persons unless they are my own Blood kinn only as Trustees which can be called to account for their Stewardship at any time.

Item 5th I give and bequeath to my son WILLIAM RICKS and all the lawfull Children that he many have begotten by him and to no other person or persons in any way or manner what ever the follow[ing] named property with all the increase.  Vis’t:  one tract of land containing 440 Acres be[ing] the same more or less called the SION BECKWITH land for courses and distance due reguard to be had to a deed from ASRAEL VICK to me which has been duly acknowledge and Recorded Valued to $450 Valued to $450 – negro boy NATHAN Valued to $450 – negro girl named CHERRY Valued to $375  – negro man & woman valued to $400 – little BOB valued to $300 – good notes to the value of $2025 which makes his legacy of $4000.

Item 6th I give and bequeath to my Son BUCHANAN RICKS and all the lawfull children that he may have begotten by him and to no other person or persons in any way or manner what ever the following named property with all the increase  Viz’t  one Tract of [end of page 3] land that I Bought of WILLIAM DRAKE Executor of THOMAS BECKWITH Deceased Containing 306 acres called the BECKWITH land due reguard to be had for Courses and Distance to a deed from WILLIAM DRAKE Executor to me which deed has been duly acknowledged and Recorded Valued to $250 – negro boy BIG BOB Valued to $450 – negro boy BILL Valued to $400 – negro girl CHARLOT Valued to $300 –  negro girl HILLEY Valued to $300 – also good note or notes to the amount of $2300 which makes his legacy $4000.

Item 7th I give and bequeath unto my Daughter INDIANA, son NERO and son JOHN A. RICKS my Bank Stock in the Bank of the State of North Carolina amounting to $1000 – also negro boy MADISON Valued to $400 – also negro boy HARRY Valued to $350 – also ABRAM Valued to $275 – also negro girl LEAH valued to $200 – also negro girl MARTHA Valued to $160 – also negro girl MOURNING Valued to $130 – also negro woman PATTY and her youngest child ISAAC valued to $300  with all of their increase – also good note or notes to the amount of $145 which makes each of their legascy $1200 to be equally divided between them INDIANA, NERO and JOHN A. RICKS which makes eascho of their legacys of $4000 – in case my Daughter INDIANA should marry then and in that case her Husband is appointed Trustee to take charge of the property for the use and benefit of my Said Daughter INDIANA and all the Children that She may have and it is fully understood by me that her Husband who ever he may be is only to take Charge of the property as trustee for I Declare that it is my main object that no part of my property with the increase of negroes and money is to pass to no person or persons unless, they are my own Blood kin and I call on all Courts of Justice that may have the Construing of this paper writing to Decide that no part of my Estate with all increases of every kind is to belong to no person or persons unless they are my own Blood kin.  I make the following proviso = if either of my Children Should die leaving no lawful Child or Children [end of page 4] Then and that case that ones legacy is to pass to the survivors = if two or more should die their Estates to pass in the same way and So on agreeable to the Decent laws of North Carolina.

Item 8th I give to my loving wife ANNA RICKS one years support for her Self and family to be Paid of by me Executor and BENJAMIN H. BLOUNT on Some other worthy man to be Chosen by my Executor.

Item 9th I loan to my loving wife ANNA RICKS during her natural life the Tract of land that I bought of DAVID RICKS where on I now live – also two Tracts of land – one that I bought of ELIAS BARRETT – the other of ELIZABETH DANCE, deceased – Reguard to be had to Said deeds for Courses and Distance =  Also I loan to my Said wife ANNA RICKS during her natural life the following property of the following Valuation – one negro man MOSES Valued to $500 – negro woman WATEY and her youngest child ABRAHAM Valued to $400 – negro woman DENNEY Valued to $250 – negro boy ALFRED Valued to $250 – negro girl SARAH Valued to $200 -  negro girl AMANDA Valued to $160 and all their increase – two Horses – Muckkle & John & Colt Valued to $150 – 10 head of Cattle average ones Valued to $40 – 20 head of hogs average ones Valued to $30 – one yoke of oxen her Choice Valued to $25 – one Cart & whell her Choice Valued to $20 = 15 head of sheep her Choice Valued to $15 – my Still and the contents Valued to $75 – all my Cedar Casks and open headed stands Valued to $35 – my large Iron Kettle Valued to $15 – all my household and Kitchen furniture except the Beads I have given away Valued to $250 – my Carry all and geer Valued to $50 – all my working tools of every description Valued at $50 = also one thousand dollars to be put to Trust by my Executor hereafter named my wife is to have the interest but the principal is to belong to my Estate and is to be well secured.

Item 10th I leave in the hands of my Executor $150 to be put to interest and the principal to be well Secured and the inteerst to be paid to my negro man MOSES during [end of page 5] his natural life on So long as he Shall Remain faithfull – his faithfulness to be Judged by my Executors  -  I have already Contracted away my Tract of land on the South Side of the Tar River to GEORGE H. WHITLEY and LAMON R. WHITLEY – one hundred Dollars to be paid 12th day of February 1845 – one hundred Dollars to be paid 12th day of February 1846 – one hundred Dollars to be paid 12th day of February 1847 – one hundred Dollars to be paid 12th day of February 1848 and one hundred Dollars to be paid 12th February 1849 – if the said two WHITLEYS – Shall make the payments of the Several Sums above Stated at the Several times above stated then my Executor is to pass Title to Said land due Reguard to be had to a Deed from THOMAS A. J.COOPER, Sheriff to me if the Said WHITLEYS Should fail to make the Several payments at the Several times giving them five days grace tehn and in that Case my Excutor is to Take Cahrge of the land and make Sale of the Same and all that the Said two Whitley has paid or does pay is for Rent and nothing Else  – My Executors are clothed with the Same power that would have to sell if I wer alive and Convey Said Lands = So they Bring the proceeds into my Estate – I leave a Sum of Fifty Dollars to be laid out for a Toom Stone to be placed at the head of my Grave with the following ingravings on Said Stone well Executed  John Ricks Born 1786  Died “An Honest Man in all his Dealings – but Badly Slandered and Much Belyed” – I leave all my law Suits to be well attended to all my Just Debts paid and they are but few – all the Ballance of my property that I have not given away or loaned away is to be Sold on a Credit of Twelve months by my Executor hereafter named Taking Bonds with too approved Security – and after all the legacys are paid over and all the loans Delivered my will and Desire is that all the Ballance of my Estate be Equally Divided between all my Children to pass in the same way that the legacy already pass = with the Exception of three Hundred Dollars = which $300 I bequeath as follows -  I appoint my son GEORGE RICKS and Son-in-law WILLIAM J. B. HARPER Executors to carry out this will with the sum of one hundred Dollars [end of page 6] to be retained by each of my Executors for their Services in Settling and Cosing my Estate – the other hundred Dollars I leave to BENJAMIN H. BLOUNT on conditions that he BLOUNT aids my Executors in all the Settlement of my Estate and – making out all their Returns and closing all the necessary writings, appertaining to a Settlement and Close of my Estate – the property tht I have loaned to my wife ANNA RICKS during her natural life I have Valued in order that her Estate at her Death must make the amount good if able – and at the Death of my Said wife ANNA RICKS all property that I have loaned her during her natural life with the increase of all the negroes I leave to be equally Divided between all my children and their Survivors Except the land – and the Land I give and bequeath to my Two Sons NERO and JOHN A RICKS to them and their lawfull begotten heirs of their boddy – my son GEORGE RICKS is to Take Charge of his Estate be of age or not – I am agent and have Several Concerns for my Sister SALLY MANNING who resides in the State of Georgia and County of Lawrence –  my Executors are authorized when my Sister SALLY MANNING Sends a Release duly authenticated acquitting and Releasing me in every way and manner and all my Executors are to pay her the sum of $600 with Interest from the first day of January 1845.  I have a large debt due me by GEORGE BODDIE of [?] and the Town of Jackson [Northampton County, NC] – if he Boddly Should fail to Send the money to my Executors within nine monts from the probate of this will = Then and in that Case I appoint my son DAVID A. RICKS Executor over that debt and he is to use all lawfull ways and means to collect the Same and pay the Same over to my two other Executors Retaining a Sum Sufficient to pay him for his Trouble and Expenses – I appoint my Son in law WILLIAM J. B. HARPER Guardian for my Daughter FRANCES, son WILLIAM and SION BECKMAN.  I appoint my son GEORGE RICKS Guardian for my Daughter INDIANA, son NERO and Son JOHN A. RICKS and they are to remain Guarding unless they abuse Their Trust, then and in that case the Court must [end of page 7] appoint in the usual way they must make annual Returns and in Defalt of doing so it will be a Breach of Trust agreeable to my understanding of their duty.  I declare that all and every part of this paper writing in words letters and figures to be in my own hand Writing.  I further Declare all and every part and parsel to be my last will and Testament Given under my hand and seal the day and date first above written

JOHN RICKS [SEAL]

WITNESSES

JESSE BEAL

ELIS BARRETT

HENRY EDWARDS

JAMES F. ELLIN

I enter a Codicil which is apart of my will the 20th day of August 1845 – I give and bequeath to my daughter SIDNEY S. B. RICKS and all the children that she now has or here after may have four negroes and all other increase the negroes that I bought of JOHN JONES Valued to $700 which negroes and all their increase is to pass in the same way and manner that the property pass in my will and to be so much advanced in part of the money left in my will to my Daughter SIDENY S. B. HARPER given under my hand and Seal this 20th day of August 1845 as above writen.

JOHN RICKS

I enter a Second Codicil to be taken as part of my will the 31st day of January 1846.  I dismiss my Son in law WILLIAM J. B. HARPER and my Son GEORGE RICKS as Guardians for my children and appoint my Son DAVID A. RICKS Guardian for my Daughter FRANCES, Son WILLIAM, Son BUCHANAN, Daughter INDIANA, Son NERO and Son DAVID A. RICKS -  it is required to use the funds of my Daughter INDIANA RICKS not to Exceed one thousand five Hundred Dollars $1500 to buy a Tract of land for my Daughter INDIANA RICKS and the Deed is to be made to my Daughter INDIANA and the lawful heirs of her Boddy that She then has and after may have and to no other person or persons what ever.  Given under my hand and seal the 31st day of January in the year of our Lord 1846 as above all in my own hand writing.

JOHN RICKS