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Fall Term 1864
The following is a
true copy of a will of Joseph Jordan as proven
in court by subscribing witnesses thereto,
viz.
1st part as proven by
D. King a subscribing witness thereto as
follows:
In the name of God,
Amen, I Joseph Jordan of the county of
Henderson and state of North Carolina being of
sound mind and memory but considering the
uncertainty of my earthly existance do make and
declair this my last will and testament in
manner and form following (that is to
day):
First, that my
executors hereinafter named shall provide for
my body a decent and christian like burial and
pay all funeral expenses together with my just
debts howsoever and to whomesoever owing out of
the money that my first come into their hands
as a part or parcel of my estate.
Item. I give and
devise to my beloved wife, Hannah, all that
tract or parcel of land on which I now live
consisting of about four hundred and fifty
acres together with my mansion house all out
houses and other improvements to have and to
hold to her the said Hannah during the term of
her natural life in satisfaction for and in lew
of her dower and thirds of and in all my real
estate.
Item. I have given to
the following of my children, that is to say,
Sarah, wife of William Duckworth, Thomas P.
Jordan, Elizabeth, wife of G. W. Galloway,
Martha, wife of John Hightower, william P.
Jordan, Eliza, wife of Noah Henry, Huldah, wife
of James Orr, Joseph P. Jordan, who I consider
to just and equitable proportion of my estate I
therefore will them nothing except what may
hereafter appear in view of the advancement
that I have made to each and every one of
them.
Item. I give and
devise to my said beloved wife Hannah two beds
and furniture her choise, all the household and
kitchen furniture not otherwise dispose of in
my will one of my stock of horses her choise
one side saddle two milch cows her choise one
sow and pigs and a years provision at the time
of my death.
Item. I give and
bequeath to my daughter Susannah single woman
one bed and furniture that she now claims to
her and her personal representatives
forever.
Item. I give and
bequeath to my daughter Rebecca (single woman)
one bed and furniture that she now claims to
her and her personal representatives
forever.
Item. I will and
desire is that after the death of my wife all
of that tract of land that I have bequeathed to
her during her natural life shall be equally
and proportionally divided between my three
children (that is) my two daughters Susannah
and Rebecca (single women) and my youngest son,
Decator Jordan, share and share alike and that
they shall derive title therefrom to have and
to hold to them and their heirs executors,
administrators and assigns in fee simple
forever.
Item. My will and
desire is that all the ballance of my personal
property not otherwise disposed of in will be
sold after my debts and the debts owing to me
be collected and if there should be any surplus
over and above the payment of debts expenses
and legisees that such surplus shall be equally
divided and payed over to my said wife and all
my children in equal proportion share and share
alike to each and every of them their heirs
executors administrators and assignees
absolutely.
And lastly I do hereby
constitute and appoint my two sons Thomas P.
and William R. Jordan my lawful executors to
all intents and purposes to execute this my
last will and testament according to the true
intent and meaning of the same and every part
and clause thereof hereby revoking and
declairing utterly void all other wills and
testaments by me heretofore made.
In witness whereof I
the said Joseph P. Jordan hereunto set my hand
and seal this 24th day of October AD,
1846.
Signed sealed and
published and declaired by the said Joseph
Jordan to be his last will and testament in the
presents of us who at his request and in his
presence do subscribe our names as witnesses
thereto.
Daniel King
John King, Jr.
Joseph Jordan (seal)
The second part was proved by the oath of
Daniel King and Jeremiah Osborn as follows that
is to say,
State of North
Carolina
Henderson
County May the 6th
1854
Whereas I Joseph
Jordan, Sr. of the county and state aforesaid
having made my last will and testament in
writing bearing date 24 day of October 1846 now
I do hereby declare this present writing to be
as a codicil to my said will and testament and
direct the same to be annexed thereto and take
part thereof and I do hereby give and bequeath
to my wife Hannah Jordan my negro boy John to
have the full controle of said boy and use him
as her own in addition to what I gave her in my
will refered to and after her death I do hereby
give and bequeath said boy to my son Joseph P.
Jordan in trust for my daughters Susannah and
Rebecca it further directs that there may be no
mistake as to my intentions and will that said
boy after the death of my wife shall work on
the land which I give to my son Decator and
daughters Susannah and Rebecca for the support
of my said daughters as long as they remain
single and thereto do direct for him to be sold
and equally divided among my three children
Decator Jordan and Susannah and Rebecca
Jordan
Whereunto I set my hand and
Daniel King }
J.
Osborn
}
Joseph Jordan (Seal)
The third part proven
by the oath of Thomas Taylor and A. M. Hawkins
the subscribed witnesses thereto is as follows
(viz).
I Joseph Jordan in
consideration of the death of my wife since the
publication of my will dated October 24, 1846
and of the codicil dated May 5th 1854 and of
other changes in the condition of my family and
property and especially the death of my son
Joseph and the addition of his property to my
estate I add this codicil to my said
will.
Item. All the personal
estate of every kind which by my will or
codicil I have given to my wife I will to fall
the residue of my estate which I will provide
for in this codicil.
Item 2. The specific
divises and bequests which I gave by my will to
my two daughters Rebecca and Susannah my son
Decator I thereby ratify and confirm.
Item 3. I will and
bequeath that all the personal estate which may
be in my possession at the time of my death
including that acquired by the death of my son
and especially all the slaves by sold by me
executor and after the payment of my debts and
funeral expenses that the proceeds by divided
as follows to my grand Mary Orr one hundred
dollars and the residue equally between my
three children Rebecca Susannah and
Decator.
Item 4. All the notes,
accounts, _____ in action of every kind
and all the cash which may be on hand at my
death. I direct my executor to pay over after
collection to my daughters Rebecca and Susannah
and my son Decator to be equally divided
between them.
Item 5. All those
portions of my will inconsistent with this
codicil I revoke and amend all other parts I
ratify and confirm I further revoke and amend
the codicil heretofore made my me June 3rd
1862.
Signed in the presence
of
Witnesses:
T. W.
Taylor
}
A. M.
Hawkins }
Jurats
Joseph Jordan (Seal)
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