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
J. Thomas COOK
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)
Posted by Lori Hunter