Original Will at N. C. Archives
February 11, 1826
In the name of God, Amen
I Jeremiah Mixson, being in tolerable good health of sound mind and memory feeling a disposition to guard against any sudden event, that may happen in this life, not forgetting to prepare with the assistance of a mercifull redeemer, for a glorious immortallity trusting and relying on the merits of a gracious savior for his interceptions. I recommend my soul to God, forever and my body to the earth, etc.
First. It is my will and desire that my executors, herein after named, sell on a credit of six months, all my personal & chattle property that is not hereafter particularly bequeathed, or otherwise ordered in this will, and the money arising from such sale (after paying all my just debts) to be disposed of as hereafter directed.
2nd. I give unto my daughter Martha Bartee the land and plantation which formerly belonged to Nathaniel Miller with all the improvements thereon, and all such other property as may be in the possession of his heirs based, that was mine & what sheep that runs down on the creek and river. Also negroe woman Philis, Darcas & her youngest child to her & her heirs forever - -
3rd. I give unto my son Charles Mixson, after he shall arrive to the age of twenty five years, the land and plantation whereon I now live, with all the improvements thereon, my intent & meaning is, that a right in fee simple shall not vest in my son Charles Mixson till the above specified time, but that he shall have the use of the said land & plantation & improvements immediately after my death, and should he die before arriving to the age of twenty five years, then the said land & plantation to be equally divided between my five daughters, Martha, Elezabeth, Emily, Maria and Mary and their lawful heirs of their body, but not for lineal or collateral heirs, should any of my daughters be dead without issue. I also give to my son Charles without reserve all my books (except such school books as belong to my daughters) my gun & watch to him & his heirs forever.
4th. I give unto my daughter Elezabeth one feather bed, bedstead & furniture, one cotton wheel, one linnen wheel, one loomb with all the geer and stays, warping bars, screen quill wheel, one bureau to her and her heirs forever -
Fifthly, I give unto my daughter Maria one bed, bedstead and furniture, 2d choice, one cotton wheel, one linnen wheel, and the largest trunk, to her and her heirs forever,
(Sixthly) I give unto my four daughters Elezabeth, Maria, Emily and Mary, all the rest of my negroes not before bequeathed, after they shall arrive to the age of twenty one or marry. Should one or more of my daughters die before then or they should marry and have lawful issue, then and in that case, her or their equal part to be taken from the common stock or whole of the negroes, and equally divided between all my daughters that may be then living, their lawful heirs, but to no other heir that might be so considered. I mean to include in this gift my daughter Martha Bartee. I further will and desire that the said negroes be hired out untill the above specified time, and the money arising from the hire to be applied (or as much as may be necessary) to the use and benefit of my four daughters, Maria, Elizabeth, Emily and Mary, during their minority and to be divided precisely in the same manner as the before mentioned negroes, should death take place before marriage or lawful issue of their body, -
Seventhly, it is my will and desire that the money arising from the sale of my chattle property (after paying all my debts) be one fifth part of it divided off and paid over to my daughter Martha immediately or the lawful heir of her body and the balance to be thrown into the joint stock, to be and remain and subject to the same contingencies, and be divided in the same manner as my negroes, and the money arising from their hire. Should my daughter Martha be dead and have no living issue of her body at the time a division is to take place, that is when all my just debts are paid, the said money to go into joint stock to be and remain and divided as mentioned in the sixth section of this will, I mean no other or lineal or collateral heir to have any of the before mentioned negroes or money or its interest, only my daughters or heirs of their body.
Eighthly, in the third section of this my will, I have directed in case a certain event take place, that my land and plantation given to my son Charles (after a certain time) be equally divided between my five daughters or their lawful issue it is my wish will and intent that if a majority of my daughters then living cannot agree on a division of the land, that my executors hereafter named sell the said land on a credit of one and two years, with interest on the one half after one year and the money arising from such sale to be divided, agreeable preisely in the same way and manner as the negroes and money before mentioned in the seventh section of this my will,
Ninthly, I give unto my grand daughter Frances Ann Mixson, daughter of my son Jere. Mixson, after she shall arrive to the age of twenty years, or marries and has lawful issue of her body to live to be two years old, the land and plantation in Perquimans that I bought of Samuel Long, but should she die before the above specified time, it is my will that my executors sell on a credit of one, two and three years the said land and plantation, and the money arising from such sale and interest be thrown into the joint stock and divided in the same way and manner, and subject to the same contingencies as the negroes and money mentioned in the seventh section of this my will. It is further my will that if my executors can find a purchaser that will give one thousand dollars for the said land and plantation on the before named credit, that they sell it immediately, or when they can, interest to accrue on the same after one year, and apply the interest of the money to the educating and raising of my said grand daughter, at their discretion and if it cannot be sold as above directed, to be rented out and the rent to be applied in like manner, but let it be understood that no right or title is to vest in fee to my said grand daughter, Francis, untill she arrive to twenty one years of age or has lawful issue of her body.
10th. It is my will and desire that if any of my negroes should prove disorderly or unruly that my executors sell them to Louisiana, and put the money into the same stock where the negroe or negroes belonged, on interest for the benefit of them to whom bequeathed.
Eleventh, I hereby request, nominate and appoint Clement H. Blount & John Mixson Esquires guardians to all my children, to take into their possession all and every part of the property bequeathed to them, as soon as my debts are all paid (and that time I limit to two years) and have my daughters brought up in a genteel way and manner but no extravagance at any rate, and pay the expenses out of the joint fund. And lastly, I do hereby appoint Clement H. Blount, John Mixson Esquires and Thomas Ward, my worthy friends, executors to this my last will and testament in witness whereof I have hereunto set my hand and seal this eleventh day of February one thousand eight hundred & twenty six -
Whereas by last wil and testament, bearing date the eleventh day of February 1826 I Jeremiah Mixson, have devised and bequeathed certain specific legacies to my children, and wishing to make some alterations and amendments thereto, I have thought proper to add this codicil or supplement, ratifying and confirming it as a part of my last will and testament, in the following manner and form, To Wit. In the gift to my daughter Martha Bartee, I have given negroe woman, Darcas, and her youngest child, I wish to alter that gift so as to give her negroe girl Julia, that I purchased at public sale, which is in her possession, instead of Darcas's youngest child and for that child to go to my other daughters, in joint stock and descend in the same manner as mentioned in the sixth section of my will. Also in the 3rd section of my will, I have given certain legacies to my son Charles, among them my gun & watch. These to articles I wish to be sold & the money disposed of as mentioned in the seventh section of my will. 30 day November 1826.
December Term 1828
State of North Carolina
This is to certify that the foregoing will was exhibited in open court at December term of Chowan County Court proved by
the oath of Thomas M. Casler who swore that the said will was lodged in the hands of Thomas Ward for safe
keeping by Jeremiah Mixson before his death and by the oaths of James Norcom Malachi Haughton and Daniel
McDowell, who swore that the said will was in every part thereof, in the hand writing of the said Jeremiah
Mixson, at the same time Clement H. Blount and Thomas Ward, two of the executors named in said will, appeared
in open court and qualified as such by takeing the oaths prescribed by law, ordered that letters testamentary issue.
Test Edm Hoskins Clk
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