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JOHN WORTHAM
Last Will Probated November Term 1866
Recorded Book 2 Page 204

I John WORTHAM of the County of Warren and the State of North Carolina, do make and publish this my last will and testament, hereby revoking all former wills by me heretofore made.

First I give and devise to my beloved wife Martha H. WORTHAM the tract of land upon which I now reside containing between five and six hundred acres, to have and to hold the said land with its opportunities, to her and her heirs and assigns forever.

Secondly I give and bequeath to my said wife the followings negroes, to wit, Mary (Commonly called Green) and her four children, Peter, Winny, Celia and Nancy. Martha and her three children to wit, Frank, Henderson and Jim an infant, Lucy and her two children Emily and Fanny, Charles, Sandy (commonly called Burke) and my old negro woman Fanny together with all of the increase of said slaves from the date of this my will, to her and her executors, administrators and assigns.

Thirdly I give and bequeath to my said wife her executors, administrators and assigns, all monies which may be on hand at the time of my death, all of my bonds, notes, accounts, and debts and demands of every description which I now have, or may have at the time of my death, my household and kitchen furniture, all provisions on hand at my death, my stock of every kind, the crop on hand, and my growing or ungathered crop should there be each at the time of my death.

Fourthly, I give and bequeath to Robert A. WHITE, his executors, administrators and assigns, my negro man Tom.

Fifthly, I give all of the balance of my estate during her natural life, and no longer, to my said wife the said Martha H. WORTHAM.

Sixthly, after the death of my said wife, I give and bequeath to Mary Ann WIGGINS (wife of William WIGGINS) and her executors, administrators and assigns, the following slaves, to wit, Amy and her six children viz. Josephus, Ellen, Sally, Catherine, Betty and Mary, George, Abner, John, and Paul; also Harry and Cary with all of their increase from the date of this will.

Seventhly, I give and bequeath to Elizabeth WIGGINS (sister of said William Wiggins) and her executors, administrators, and assigns, after the death of my said wife, the following slaves to wit, Ann and Frances with all of their increase from the date of this will but in the event the said Elizabeth Wiggins should die without lawful issue begotten of her body then and in that case my will and desire is that the aforementioned slaves Ann and Frances and their increase shall be equally divided between Lucy WHITE, wife of Robert A. WHITE, and Mary Ann WIGGINS wife of William WIGGINS, their heirs, executors and assigns.

Eighthly, After the death of my said wife I give and bequeath to Lucy WHITE (wife of Robert A. WHITE) and her executors, administrators and assigns, the following slaves, to wit, Dinah, and her two children, namely Susan and Armstead, Matthew (commonly called Matt) and Daniel, with all of their increase from the date of this will. Lastly, I do hereby appoint my esteemed friend Benjamin E. COOK Sr., executor of this my last will and testament. In testimony whereof, I, the said John WORTHAM have hereunto set my hand and seal, and have published this instrument as my last will and testament this 20th day of February in the year 1860. In the presence of


John WORTHAM (Seal)

J. Thomas COOK
John O. WHITE
C M COOK (witness)

Codicil to the forgoing will

Whereas I John Wortham have made my last will and testament on two foregoing pages bearing date the 20th day of February in the year 1860 and have therefore made a devise and sundry bequests to my beloved wife Martha H. Wortham according to the then existing circumstances, but which circumstances having now materially (?)changed, my said wife the said Martha H. Wortham having recently departed this life, and who was largely provided for in said will, I do by this writing, which I hereby declare to be a codicil to my said will, to be taken and construed as a part thereof do hereby will, devise and bequeath and direct that all of the property devised or bequeathed by my said will to my wife, the said Martha H. Wortham I now devise and bequeath together with all the increase thereof from the date of the said will to Elizabeth Wiggins her heirs, executors and assigns forever in testimony whereof, I, the said John Wortham have here unto set my hand said seal this 4th day of October AD 1864.I give and bequeath to Lucy White (wife of Robert A. White)

Signed and sealed in the presence of

John Wortham (seal)
Robert A. White (Jurat)
William H. Blackwell (Jurat)


Warren County Court November Term 1866.


A paper writing purporting to be the last will and testament of John Wortham, decd. is exhibited for probate in open Court by Benjamin E. Cook Sr. the Executor therein named and also a codicil thereto annexed and it is thereupon proved by the oath and nomination of Charles M. Cook that J. Thomas Cook one of the subscribing witnesses to the said will is dead, that he is well acquainted with the handwriting of the said J. Thomas Cook having often seen him white and that he verily believes that the name of the said J. Thomas Cook subscribed as a witness to the said will is in the proper and writing of the said J. Thomas Cook, and it is also proved by the oath and examination of the said Charles M. Cook, that John W. White the other subscribing witness to said will is also dead, that he is well acquainted with the handwriting of the said Jno W. White and verily believes that the name of the said Jno White subscribed as a witness to the said will is in the proper handwriting of the said Jno W. White; and the due execution of the said codicil by the said John Wortham is proved by the oath and examination of Robert A. White and Wm H Blackwell the subscribing witness thereto; It is therefore considered that the same are the last will and testament of the said John Wortham, and the same are ordered to be recorded and filed. And thereupon Benjamin E. Cook Sr. the only Executor named in said will qualifies as such by taking the oath required by law.
 

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07/17/2012