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Will of  Nathaniel Macon, 10 Aug 1833

 

Agreeable to my will now in your proposition - you may give following articles of property as herein directed

To Henry L. Martin, my little old razor
To Elisha Shearin as many of my hounds as he may want
To Wm Eaton Senior the rest of the hounds if he should want them, if he does not want them, to Daniel Shearin, Elbert Cheek & Nathan Milam
To Doctor Macon & Curtis Hardy as many of my chickens as they want, if any be left to any of J. Alston deceased, cock fighting friends or to anybody
My clothes divide between Thomas Eaton & N. M. Eaton, also any cloth which was to clothe me.
My other razors divide among my grown grand children
My shaving box to William Eaton Junior
My short gun to William Eaton Junior
My shot bag and powder horn to William Eaton Junior
My hunting ______ take two yourself divide the others to whom you please, Probably I may give them away before I die
My rams horn - blowing horn to F. A. Thornton for his son Nat
My other blowing horn to Wm Baskerville who gave it to me, you will find some small articles, give them to my grand children or friends or neighbors as you may please.
My gold sleeve buttons & stud give to N. M. Martin
Give the negroes who work in ____ a stone flint or shift
Give to Stark Alexander a cane take one yourself & one to Major Park
Give my spy glass to William Eaton Junior it was taken from the British by Bainbridge when he took a British public ____, you and Wm Eaton Junior divide my deer & take them, if there should be a fawn give it to Elisha Shearin & if two give one to Daniel Shearin.
Give to Wm Eaton Junior my fruit of every kind which may be put up, also pickles if any - give to him also my turkeys and geese.

Nathl Macon
To W. N. Edwards
Executor of N. M.

12 August 1833
you may give the people, who may come, to the funeral sermon preached over me, a dinner & grog as you may please or not give as you may please.

N. M.
27 Oct 1835

Approved this day and added as follows, my walnut plank & ________, & __________ gum plank may be sold, if not sold given to Wm Eaton Junior, or they, _____ & staves may help to make the _____ the division equal.

Nathl Macon

Day & year above, give, my & can a shaving brush _____ from __ George Randolph, the dumb nephew of my friend John Randolph of Roanoke & made by him to Major Robert Park, he is a fit person to own and use it.

Nathl Macon

In the name of God, Amen. I Nathaniel Macon of the County of Warren, State of North Carolina, do ordain and _________, the following to be my last Will and Testament - viz. -

Having upon the intermarriage respectively of my two deceased daughters Betsy and Seignora put into their possession seven negroes each without any written conveyance therefore I hereby ratify and confirm the title is the same in as full and ample manner as if it were theirs made. Having also at sundry times raised certain sums of money to several of my grand children, hereby release and discharge each and all of them from accountability or liability therefore.

I leave to my grandson William Eaton Junior and his heirs all that part of my real estate lying within the following boundaries, To wit: Beginning on the first branch south of the Plantation bought of William Neuser, where the line between William Person and myself crosses it, thence down said branch to the Poplar Branch, thence down the Poplar Branch as it meanders to Hobb Quarter Creek, thence down said Creek to the mouth of Robin Jones' Spring Branch, thence up said Branch to F. A. Thornton's line, thence along his line to William Eaton's line, thence along said Eaton's line, to William Person's line, thence along said Person's line to the Beginning. I also bequeath to my grandson William Eaton Junior all the hogs fed at the lower ___ as the said ______ leave to him, also negroe man Harry and his wife Hester and their present and future increase, and old man Frank and his wife Dolly, one half of my carpenters tools, and all my books, pamphlets, and public documents, except such as are herein after bequeathed, also one half of the knives and forks given me by my worthy and excellent friend John Randolph of Roanoke, and one of the razors given me by him, and I hereby authorize and empower my executor hereinafter named to sell all the rest of my real estate upon a credit of one, two, three or four years, in equal payments, to William Eaton Senior, provided he will give whatever sum Robert Park, Henry Fitts Senior, Sherwood Hodge, Peter R. Davis, Dr. John P. Nicholson, Daniel Turner Weldon W. Edwards or a majority of them shall value it at, and if said Eaton refuse to buy, then I direct that the same offer and upon the same terms be made to Francis A. Thornton, and if he refuse others to any other person or persons who may be willing to buy upon the terms and the valuations so as aforesaid to be made. And in case of sale, my will is that the proceeds be equally divided between my three grand daughters, the daughters of Betsy K. Martin, but if there be no sale within twelve months from my death, then I leave the said real estate to my said three grand daughters and their heirs to be equally divided between them, share and share alike.

Provided however, if any are or more of my said grand daughters shall die under the age of twenty one without leaving if one living at her or their deaths, their leave and bequeath the same or portion (be _____ or money) of her or them so dying to the survivor or survivors of them.

To my grandson Nathaniel M. Martin I bequeath my faithful servant Phil and his wife China and their present and future increase also my watch and chain and watch keys and seals, one half of the knives and forks given to me by my friend John Randolph of Roanoke, and one of the razors also given me by him, also the four English Shillings wrapped up in paper and lying in my desk, also given me by him. To my friend William Eaton Senior my mare Hard Rain, To my friend Col. Thomas H. Benton of Missouri, the pocket knife given me by my friend John Randolph, To my grandson William K. Martin my Encyclopedia. To my grand daughter Betsy K. M. Field wife of Eaton Field, the two pewter wash basins given to me by my friend John Randolph of Roanoke, also my silver soup spoon, _____ ladle two salt ladles, four table spoons, and four tea spoons, all of silver. To my three grand daughters, the daughters of Betsy K. Martin, I give all my other spoons and the four pewter basins given me by my friend John Randolph, To my friend W. N. Edwards I give my deer leather smoking tobacco bag and my tortoise shell razor and to my friend Frank Alexander of Virginia the choice of my other razors, To Nathl Weldon Shearin, son of my neighbor Elisha Shearin, I give my long gun. As to my hunting apparatus and some other small trifles I desire that they be distributed equally to a letter which I shall address to my executor. Such books as I may label with the name of any person or persons I give to such persons respectively. To my friend W. N. Edwards I give my two volumes of Anderson's Agriculture & Training.

I lend to my grandson in law Drury S. Marian the two negroes put into his possession some time since, To ___ Ginney and her daughter and their present and future increase, during his life, and after his death, I give the said negroes and their present and future increase to such child or my grandchild of my daughter Betsey K. Martin as he shall by any deed or other writing in his life or by his last will and testament duly executed, desire limit or appoint, and in default of such direction, limitation or appointment, then to all his children of my said daughter Betsy K. Martin, who may be living at his death. I also constitute and appoint the said Drury S. Marian guardian of my grandson Robert A. Martin and empower him as such to take in to his possession and management whatever property I give the said Robert.

I bequeath one half of all the rest of my negroes not herein before given (except Ephraim and Lucy) to all the children of my late daughter Betsy K. Martin (except Nathl M. Martin) to be equally divided between them, share and share alike. But in the case one or more of said children shall die under the age of twenty one ________ leaving _______ ______ at his, her, or their deaths, then I bequeath his, her or their share or shares to the survivor or survivors of them.

As to the other half of my negroes not herein before given ( except Ephraim and Lucy) I bequeath one third part thereof to my grandson William Paton Jun. But never to ______ ______ _____ and require that he shall and so pay annually to his brothers Thomas Eaton and Edward J. Eaton fifty dollars each, so long as they shall both live, and to the longest liver of items one hundred dollars annually, so long as he shall live, The first payment to be made and commence twelve months from and after my death. The other two thirds of said negroes I bequeath to my grandchildren Betsy K. M. Field (wife of Eaton Field) Buckner Eaton and Charles Paton (children of my daughter Seignora) to be equally divided between them, share and share alike. But in case one or more of said children shall die without leaving issue living at his or their death, then I bequeath the same share or shares of him, her or them so dying to the survivor or survivors to them.

I bequeath to my grandson William Eaton jun. Two thousand dollars to be laid out and invested by him in Bank Stock or other securities and declare that he shall be prospered of and interested in the same for the following uses, intent and purposes, that is to say, that he the said William shall and do annually pay the interest or produce thereof to Nathl. M. Eaton and his wife Virginia or otherwise or authorize and empower them to receive and take the same for their own use until their daughter Seignora shall attain the age of twenty one or marry, and upon the happening of either of said events (which ever may first happen) that he shall do assign and transfer the said stock or other securities to the said Seignora shall attain the age of twenty one and without marrying, living the said Nathaniel and Seignora or either of them, then the interest or produce to be paid both or either (as the case may be) so long as he, she or they shall live. And after the deaths of the said Nathaniel and Virginia an in case the said Seignora shall be under the age of twenty one and without marrying then I bequeath the said stock or other securities to the said William Eaton Jr. in absolute and legal estate. And hereby desire that the said sum be raised out of any money on hand and out of such of any crop or stock or both as my executor may think best.

My will is that my friends Robert Park, Peter R. Davis, Sherwood Sledge, Dr. John P. Nicholson, Daniel Turner, Francis A. Thornton, Nathl Sherin, and W. N. Edwards (all of whom I request to attend for a majority, divide my estate agreeably to the provisions of this will, and set apart and allot the several shares or Interests given therein. Taking care in the division of the negroes and subdivisions when made be not equal, then my will is that the several shares be made equal by any of the rest of my estate not herein before bequeathed. Where as little Frank is allotted to is to receive one half of the carpenters tools, which must be valued as part of this share, and the blacksmith tools as to be valued and to constitute a part of this share to which Nelson may be allotted. Ephraim and Lucy are to be allowed to choose to which of my grand children they will belong, and I give them accordingly, first they are not to be valued, and if Ephraim prefer, I give him to Francis A. Thornton.

I bequeath to my grand daughters Hannah Martin, Susannah Martin, Seignora Martin and Betsy K. M. Field (wife of Eaton Field) all the rest and residence of my estate.

I hereby request such of my legatees as may receive in the division of my estate, negroes who have husbands or wives from house to sell such negroes, if they wish it, to those who may miss there husbands or wives, provided a fair and sound price can be obtained.

It is my further will, that if there be any disputes about the meaning, intent and effect of this will, the same be referred named above to divide my estate into any of these items and that their decision be final, and thereby declare my will to be, that if any person or persons to whom any estate or interest is hereby given or limited, shall in any court of law or equity or otherwise contravene the same, or call in question this division of said references or refuse to abide by and perform the same, this and it that case, the estate or estates, interest or interests herein given, or made to or in favor of each person or persons so contesting this will or disputing said decision or the validity thereof shall cease determine and thereby void, and shall then and from thenceforth belong to and be rested in such person or persons as shall not contravene or dispute but acquiesce in said decision. I further declare that if any claims, demands or suit shall be hereafter be made or instituted to and for any part or portion of the property, real or personal desired and bequeathed by this will, items I authorize and confirm my friend Weldon N. Edwards to settle, compromise and adjust the same, in such terms as he may desire just and measurable, and in case of such compromise and settlement, this ___ legacies given and or and by this will, shall stand and be changeable, agreeably to their respective values, with any sum or sums if any agreed be paid. Or in case any of said property shall at any time be recovered by any person or persons having a letter of superior teste, than the said legatine shall in like manner bear the cost.

And I nominate and appoint my friend W. N. Edwards Executor of this will, and carefully desire that there be no public sale of any part of my estate except for the payment of debts, and in that case I direct the stock items sold, then the Plantation sold, then the household furniture. And in case it be necessary to sell any portion of the crop or stock for the purpose of raising the two thousand dollars legacy herein before given, I authorize him to make private sale of the same. I also direct and request, that in case ___ between the first of November and the first of any succeeding march in any year, my Executor shall make instructions of my estate agreeably to the provisions of this will as son as practical after my death, but in case of my death after the first of March in any year and the first of the succeeding November then distribution to be made as soon as may be after the crop is saved.

In testimony whereof I have ________ set my hand and seal written my name on each page of the other sheets of this will this 25th October 1835. Signed, sealed , published {the word "annually" underlined on the 4th page before sign}

Nathl Macon LS

Witnessed in our presence.

Robert Park
W. E. Mayfield

I subjoin the following in my own writing as a codicil to this my last will & testament & direct that it be part thereof, that is to say, having full faith in the honor and integrity of my executor above named, he shall not be held to account to any court or juror whatever for the discharge of the rest, confided by me to him in & by the foregoing will. Witness my hand & seal this 25th day of October AD 1835

Nathl Macon

Robert Park
W. E. Mayfield

Warren County---August Court 1837

Probate of the Will of Nathaniel Macon

A proper writing purporting to be the last will and testament of Nathaniel Macon being offered for probate by his executor Weldon N. Edwards and is appearing to the court that Wm E. Mayfield one of the witnesses to said will was dead and that Robert Park the other subscribing witness now a resident of the State of Virginia proof of their respective hand writing was allowed whereupon James C. R. Mayfield being duly sworn proved that the signature of Wm E. Mayfield is in his own proper hand writing and Robert H. Jones and George D. Baskerville being also duly sworn proved that the signature of Robert Park the other witness is in his own proper hand writing and also that the signature of the testator Nathaniel Macon is in his own to the will and the codicil at the foot of the will and on each margin of the first sheet of said will is in his own proper hand writing and a writing purporting to be a codicil to said will on becoming date October 27th 1835 being also offered for probate the said Robert H. Jones and George D. Baskerville being duly sworn proved that the body of the said proper writing and every part and proved thereof as well as the signature of the testator whenever it appears are in the proper hand writing of the said Nathaniel Macon whereupon it was adjudged by the court that the said will and codicils were duly from and ordered to be recorded.

Whereupon the executors Weldon N. Edwards qualified according to law by taking the necessary oath.

Test E. W. Best clerk

See the List of Slave of Nathaniel Macon

 

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