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Wilkes County Wills, Part 3

Will of HENRY ADAMS
April Term 1822
Wilkes County, North Carolina
Will Book 4, Page 26

 
In the Name of God Amen.
I HENRY ADAMS of the County of Wilkes and State of North Carolina being in a low State of health, but of a sound and perfect mind and membry calling into mind the mortality of my body and knowing that it is appointed for all men once to die, do make & ordain this my last Will and Testament which is to say, first I recommend my Soul unto God who gave it and my body to the Earth believing that at the General Resurrection I shall receive the same by the Might power of God. And as touching my worldly Estate wherewith it hath pleased God to bless me with I distribute it in the manner and form following, to wit:
1st. I want all my just debts paid.
2d. My will and desire is that my dearly beloved Wife SUSANNAH ADAMS keep the Land whereon I now live and all my movable property to have it as her own to trade it or convert it to any use that is towards the benefit of her family that is now living with her in supporting them during her lifetime or widowhood that she thinks proper, and at her decease all the moveable property that she is possessed with at that time to be equally divided amongst the Children that is now living me, which is as followeth, SARAH, FANNY, SUSANNAH and DEBORAH all which is my beloved Children.
My will and desire is that ELIZABETH BALLIS one of my grand children have one bed and furniture and one cow out of my property when I decease, which is now laid off to her. In witness whereof I the said HENRY ADAMS do make and ordain this as my last Will and Testament revoking all other Wills heretofore being made in witness whereof I the said HENRY ADAMS have hereunto set my hand and seal this Twenty first day of January in the year of Our Lord 1821. Signed, Sealed and Delivered in the presents of us.
HENRY ADAMS ("X" his mark)

JOHN JUDO
JOHN HOLIDAY ("X" his mark

N.B.
I HENRY ADAMS do appoint my trusty friend CHARLES ADAMS as Executor to this my last Will & Testament.
 

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Estate of LUCY ALLISON
January Term 1825
Wilkes County, North Carolina
Will Book 4, Page 57

 
An Inventory of the Estate of LUCY ALLISON deceased.
No Property found, only a Debt on the Estate of BENNET DULA dec'd of fourteen dollars and fifty cents.

JOHN ISBELL Admr.

North Carolina
Wilkes County
Jany. Term 1825

Returned by the Administrator.
Test
R. MARTIN, Clk.
 

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Will of JOHN BARNES
February Term 1822
Wilkes County, North Carolina
Will Book 4, Pages 21-22

 
In the Name of God Amen, I JOHN BARNES Sen'r of the Province of North Carolina & County of Wilkes planter being very sick & weak in body but in perfect mind & memory calling to mind immortality that it is appointed for all men once to die, doth recommend my Soul to my Great God who gave it to me my body to the Earth to be buried in decent form according to the discretion of my Executors not doubting but I shall receive the same again at the General Resurrection by the same Mighty Power of God & doth ordain, constitute & appoint my well beloved sons BRINSLEY BARNS & THOMAS BARNS my sole Executors of this my last Will & testament & do by these presents revoke & disannul all other writings, Will or Wills Testaments to the contrary of this my last Will & Testament & to the disposal of my worldly Estate & do dispose of it in the manner & form as follows.
1st. To my dear beloved wife RUTH BARNES one Negroe named PATTY her life time & after that to my son THOMAS BARNES & mare & cow & the household furniture.
2d. I give & bequeath to my well beloved son BRINSLY BARNS one half of the grist mill & the fourth part of the saw mill & two Negroes named PHILLIS & SAM & one boy named BILL by paying four Hundred dollars to the rest of the legatees or return said Negroe to the Estate and if the said PHILLIS hath any more children they are excepted with the rest of the Estate untill the children all gits one a piece the ballance if any to him the said BRINSLEY BARNES & the said BARNES is to keep said Negroes if any till they are one year old. And the said Owners of the mills is to have al privileged at & round said mills to keep up & tend the same as f the land was there own.
3d. I give & bequeath to my well beloved son EDWARD BARNS one Negroe boy named SQUIRE & the fourth part of the saw mill to have & to hold for ever & one Negroe boy named JOSHUA by paying four hundred dollars to the rest of the Legatees that is not willed anything or return it back to the Estate.
5th. I give and bequeath to my well beloved daughter RUTH FORTNER one tract of land lying between NEWEL FORTNER & JOHN BARNS JUN'R & one Negroe girl named POLLEY & one chest to have & to hold fore ever & one fourth part of the saw mill & one half of the Grice mill till EDWARD comes of age.
6th. And my daughter LURANAH TEAGUE has received her portion & I cut her off with five shillings special money.
7th. I give & bequeath to my well beloved grandson EDWARD BARNES the land I now live on after he comes of age, one colt, saddle & bridle & my wearing clothes to have & to hold forever.
8th And as for the rest of the Estate that I have not willed away I want it divided equally amongst the rest of the children & my grandson that I have not willed anything their names is as follows, JAMES BARNES, JOSHUA BARNES, ELIJAH BARNES, ELIZABETH FORTNER & ROBERT MITCHELL my grandson. Given under my hand & seal in the presents of
JOHN BARNES

Test
SOLOMON BARNES Ju't
WILLIAM ODOM ("x" his mark)

December the 31st day 1821. The addition to the Will is as follows, I give & bequeath to my well beloved son in law ROBERT MITCHELL one Negroe boy named JOSHUA. To my two grandsons ELISHA TEAGUE & EDWARD BARNES the still, one half to one & the other likewise the land one half to one & the other to the other & the big colt to my grandson EDWARD BARNES.

North Carolina
Wilkes County
Feby. Term 1822

The above Will was duly proven in open court by the oath of SOLOMON BARNES & BRINSLY BARNES & THOMAS BARNES was duly qualified as Executors to said Will.

Test
R. MARTIN, Clk.

 

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Will of RICHARD BAUGUS
February Term 1822
Wilkes County, North Carolina
Will Book 4, Page 25

 
In the Name of God Amen. I RICHARD BAUGESS being in good health and of sound mind and memory thanks be to God for it, do this day make ordain and appoint this my last Will and Testament in manner and form as follows;
First of all I commend my Soul into the hands of God that gave it, my body to the Earth to be buried in a decent Christian burial at the discretion of my friends not doubting but at the great Resurrection I shall receive the same again by the Mighty power of God.
I will and bequeath to my beloved wife KEZIA BAUGESS all and every of my Real and Personal Estate that it shall please God to bless me with at my Death, to be and remain with her and in her hands to remain during her widowhood, and as to my Children that is not of age at my Death or has not received of me out of my Estate a part of my living or is not charged there with at my Death I will and desire that the same Children all and every of that is so under age may as they come of age force anything or any part out of her hands, and likewise those of my children that has arrived to age may not receive any more of my property or Estate than I has pleased me in my lifetime. I also Will and desire that the Death or Marriage of her the said KEZIA BAUGESS that all of my property that it may please God to bless her with may be also divided as may give each of them that has got and them that has not got any of my Estate to be equally alike with what I shall or have charged those with that have had of my property or otherwise if all the Children should come of age during her natural life or widowhood that then they may none of them possess any of the living out of her hands except she please to dispose of it untill her death or Marriage. In testimony of the same I have hereunto set my hand and seal this twenty seventy day of May & in the year of our Lord 1809.
Assigned Sealed & Acknowledged in presents of us being present & have hereunto set our Names this day called & charged, this day and date before written.

RICHARD BAUGESS ("X" his mark)


THO'S WALSH
IZZAIR FIELD
JACOB LYON ("X" his mark)

A Codicil to the within Will.
I give to my Son VINSENT my smith tools. To my son EMMANUEL BAUGESS my joiner & carpenters tools clear and over their equal parts of my other Estate. As witness my hand & Seal this day and date above written. Acknowledged & assiigned in presents of us.

RICHARD BAUGESS ("X" his mark)

THO'S WALSH
IZZAIR FIELD
JACOB LYON ("X" his mark)

 

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Will of WILLIAM COLVARD
November Term 1824
Wilkes County, North Carolina
Will Book 4, Pages 52-53

 
In the name of God Amen, I WILLIAM COLVARD of the County of Wilkes and State of North Carolina, being weak in body but of perfect mind and memory thanks be given unto God, calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testament, that is to say: Principally and first of all I give and recommend my Soul into the hands of the Almighty God that gave it, and my body I recommend to the Earth to be buried in a decent Christian burial at the descretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of Almighty God. And as touching such worldly Estate wherewith it hath pleased God to bless me in this life with. I give demise and dispose of the same in the following manner and form.
First I leave and bequeath my beloved wife RACHEL COLVARD as follows (viz) my home plantation where I now live containing 282 1/2 acres of land. Secondly and all the household furniture and Plantation tools. Thirdly four Negroes (viz) SIMON, JIM, LEWIS and DELPAH. Fourthly the use of the grist mill as long as she lives and fifthly the Still that I now own together with the Koons Plantation all of the aforesaid property to be disposed of as she pleases among the children.
I will and bequeath unto my four oldest sons, that is, PAYTON COLVARD, NIEL COLVARD, WILLIAM COLVARD and JESSE COLVARD, one lot in the Town of Jefferson in Ashe County, North Carolina being the North West corner lot, which I give to them and rated to them at One thousand dollars; also the saw mill on Reddic River and Mill place.
I will and bequeath to my son WADE COLVARD the Tyre Old field Plantation, also one horse and saddle. I want my aforesaid son WILLIAM to have one hundred dollars more than any of the rest of the children.
I will and bequeath to my daughter BETSEY COLVARD, LIBBY DICKSON, RACHEL COLVARD, JANE COLVARD, ANNA COLVARD and also my son MONTFORT COLVARD all to have as much or an equal part with the oldest sons, the ballance if any to be equally divided among the Children. I desire my two sons NIEL COLVARD and WILLIAM COLVARD to be my Executors. Given under my hand and seal this Seventeenth day of October in the year of our Lord 1824.

WM COLVARD

Witness
JAMES FLETCHER Ju't
JOHN DANCEY Ju't
GEORGE TAYLOR


North Carolina
Wilkes County
Nov'r Term 1824

The above Will was duly proven in open court by the oaths of JAMES FLETCHER and JOHN DANCY.

Test
R. MARTIN Clk.
 

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Will of HEZEKIAH COMPTON
October Term 1821
Wilkes County, North Carolina
Will Book 4, page 14

 
In the name of God Amen, I HEZEKIAH COMPTON of Wilkes County and State of North Carolina being sick and weak of body but of sound mind and memory, do make and ordain this my last Will and Testament. I recommend my Soul to God that gave it, and my body to be decently buried. And as to the worldly goods it hath pleased God to bless me with, I give and dispose of the same as follows (to wit)
I give and bequeath to my beloved wife JANE all my Estate both real and personal during her natural life or widowhood to enable her to raise and provide for my children with full power and authority to sell and convey at her discretion the lands I now own, claim, hold or am possessed of for the purpose aforesaid as well as for discharging my just debts and funeral expenses, and at the death of my wife JANE the whole of my said Estate to be divided and distributed among my eleven children (to wit) THOMAS COMPTON, JESSE COMPTON, ELIZABETH PENLEY, JOEL COMPTON, SALLEY COFFEY, WINEFRED COMPTON, ELI COMPTON, FIELDS COMPTON, POLLEY COMPTON, MARTHY COMPTON, and LARKIN COMPTON in the same manner that my said Estate would be divided and distributed if this Will had never been made and I had died intestate. And if my said wife JANE should marry it is my Will and Desire and I hereby direct that my said Estate be divided between her (my said wife JANE) and my Eleven children aforesaid in the same manner as the law woul direct if I had died intestate; in either case taking into view that my daughter ELIZABETH PENLEY and my daughter SALLEY COFFEY, hath each of them already received a feather bed and a cow. And my two sons THOMAS & JESSE hath each of them been indulged and permitted by me to work for themselves the last year of their servitude. Viz, from the age of Twenty years which is hereby estimated to each of them to be equal to the aforesaid bed & furniture & cow that each of my aforesaid daughters hath already received and to stand good against them in the division hereafter to be made as aforesaid as such.
Lastly I hereby nominate and appoint my loving wife JANE COMPTON my whole & sole Executrix of this my last Will and Testament. In Testimoney thereof I hereunto set my hand & seal this 18th day of November 1818.
N/B. The words goods at & received were interlined before signing. Sign'd Seal'd published & declared in presence of

HEZEKIAH COMPTON ("X" his mark)

WM. DAVENPORT
BENJAMIN PENDLEY
WM. LENOIR Ju't
 

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Will of PHILLIP DOWELL
February Term 1823
Wilkes County, North Carolina
Will Book 4, Page 35

 
State of North Carolina
Wilkes County
In the name of God amen, as be it remembered that I PHILLIP DOWELL SEN'R of &c being weak in body but of sound and perfect mind and memory, or you may say this considering the uncertainty of this mortal life, and being of sound memory blessed be Almighty God for the same.
First I give and bequeath unto my beloved wife PRISCILLA DOWELL a Negroe wench by the name of SINEY, also a Negroe woman by the name of LYDIA. Also one by the name of GENNEY, also another by the name of CATEY, also one by the name of TEMPEY to have and to hold during her lifetime. And after her decease my Will is that SINEY is to go to my daughter BETSEY and the heirs of her body, GENNY after my wifes death I will to my daughter NANCY and the heirs of her body, and after my wifes death I will CATY to my daughter BECKY McKINNY and to the heirs of her body, and TEMPEY to my daughter SALLEY DOWELL and the heirs of her body. My will is that my wife is to live with son PHILLIP at my mansion house and also my single daughters, and after my wifes death I will my daughter ALLEY TUCKER a Negroe by the name of LYDIA and to the heirs of her body.
Item. I give and bequeath to my son PHILLIP DOWELL a Negro man by the name of DAVID, and also a boy by the name of RICHMAN, also I will a Negroe boy by the name of HENDERSON to my two sons JOHN and PETER to be equally divided between them.
Item. I give and bequeath to my son PHILLIP fifty acres of land where on my mill now stands, my Will is that my three daughters shall have a bed and furniture a piece and one a peace.
Item. I give and bequeath to my daughter PRISCILLA DOWELL a Negroe girl by the name of JUDA, and the heirs of her body. Also I give and bequeath to my beloved wife one black mare and colt. Also my will is that if my wife should marry that my daughters should then take the property that I have willed to my wife. I also will to my two sons JOHN & PHILLIP my two entries one containing 45 acres and the other 50 acres. My will is that all my just debts should be paid out of my accts. and notes that I have on different people, and if there should be any remaining to be divided among the children. I also appoint my two sons PETER and PHILLIP my Executors to this my last Will and Testament. I hereby revoke all former Wills by me made. In witness whereof I have hereunto set my hand and seal the 11th day of January in the year of our Lord 1823.

PHILLIP DOWELL

Test
WM. C. MARTIN Ju't
SIMEON SHORES


North Carolina
Wilkes County
Feby Term 1823

The above Will was duly proven in open court by the oath of WM. C. MARTIN, and the Executors was duly qualified.

Test
R. MARTIN, Clk.
 

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Will of BENNET DULA
July Term 1822
Wilkes County, North Carolina
Will Book 4, Page 29

 
In the Name of God amen. I BENNET DULA of Wilkes County and State of North Carolina being of sound and perfect mind & memory blessed be God, do this eighth day of April in the year of Our Lord One thousand Hundred [sic] and Twenty-two make & publish this my last Will & Testament &c.
1st. I give & bequeath my Soul to God and my body to the toomb to be decently buried.
2d. All my just debts to be paid out of my property.
3d. I give & bequeath to my beloved wife ANEY DULA all my tract of land, stock of every kind, all household furniture & farming tools during here lifetime, or her widowhood for the purpose of maintaining and raising of her children till they become of age or as long as they stay with her, then to be equally divided between her Nine children, to wit, JUDA WATERS, THOMAS DULA, SARAH FURGUSON, JOHN DULA, POLLEY DULA, JEFFERSON DULA, ELISHA DULA, RILEY DULA and BENNET DULA after counting out the value of the property that JUDA WATERS has rec'd which I rate at four Hundred Dollars & SARAH FERGUSON the same. THOMAS and JOHN DULA's has had one Hundred Dollars each in a beast. And I further constitute & appoint my wife ANNEY DULA & my son THOMAS DULA to this my last Will & testiment as my Executors to see that it is farely carried into Execution. Further if any Legatee should try to brake this Will it is my desire that they be cut off with one Hundred cents. In Presents of

CATHA JONES
WILLIAM DULA ("X" his mark)
JAMES KINDALL


BENNET DULA
 

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Will of FRANCIS DUNN
January Term 1825
Wilkes County, North Carolina
Will Book 4, Page 61

 
State of South Carolina
Pendleton District

In the name of God amen. I FRANCIS DUNN being in a low state of health, but in perfect mind and memory. I do hereby constitute this to be my last Will & Testament revoking all other Wills and Testaments but this. (Viz)
First of all I recommend my Soul to God, from whence it received and existance; my body I recommend to my Mother earth to be buried in a decent Christian like order at the discretion of my Executors.
As to earthly wealth I have but little, and after, paying all my just debts, & paying my burial expences, I give and bequeath unto my two daughters and one son, Namely my daughters NANCY & POLLY and my son SIMON.
Item. 1st Four hundred acres of land be the same more or less, lying and being in the County of Wilkes, North Carolina on Moravian Creek.
Item.2d. One half dozen silver tablespoons
3d. One half dozen silver tea spoons.
4th. One pair silver sugar tongs
5th. All the stock with household and kitchen furniture.
6th. One clock
7th. Three or four beds and furniture. The stock consist of horses & cattle and hogs. also all the money due me now in the hands of MARY DUN. Also the rest & residue of my Estate in North Carolina to be equally divided among the three above mentioned children after the decease of MARY DUN. I also constitute & ordain to this my last Will and Testament my good & worthy friend JOHN SAINTCLAIR to act as an Executor in my estate in the above named state. As witness I hereunto... I set my hand & affix my seal, this the sixth day of April, anno. One thousand eight hundred & Twenty four.
FRANCIS DUN

Signed, Sealed & acknowledged in presents of us

WILLIAM FRAISER
SAM'L FINDLEY


North Carolina
Wilkes County
Jany. Term 1825

The above Will was ordered to be recorded on the certificate of JNO. T. LEWIS Clerk of Pendleton District, South Carolina.

Test
R. MARTIN, Clk.
 

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Will of JOHN FOSTER
February Term 1824
Wilkes County, North Carolina
Will Book 4, Page 44

 
In the name of God amen. I JOHN FOSTER of Wilkes County & State of North Carolina being at present in reasonable good health and of a disposing mind and Memory, but calling to mind the uncertainty of life, and the certainty of death, do make constitute, order and publish this as my last Will and Testament, revoking all others, in manner and form as follows (To wit).
First it is my Will and desire that out of my estate all my just debts, if there be any punctually paid.
Secondly. I give and bequeath to my affectionate & beloved sister LUCY FOSTER, the tract of land and plantation whereon I now live during her natural life, and after her death, to return to the mass of my estate, and be disposed of as hereinafter directed. I further give and bequeath to her my said sister my Negroe woman AMY and her children forever to be disposed of as she may deem fit and at her own will and pleasure, I further give to her two horses, two cows & calves all my stock of hogs & sheep, all my household and kitchen furniture plantation utensils and fifty barrels of corn, all of which shall return to my common stock after her death, except the said Negroes and to be disposed of as herein after directed.
3d. as I have good reasons to believe that I have a natural born son of the name of THOMAS ERWIN BROOKS the child of ELIZABETH BROOKS now about two years old, I give and bequeath to him the said THOMAS ERWIN BROOKS One thousand dollars to be put to interest the proceeds of which to be annually applyed to the maintainance and education of the said boy & when he may or does arrive at the age of Twenty one years the principal sum and any part of the interest that may be then due shall then as soon as practicable be paid over to him and in case he should die before that time or afterwards leaving no lawfull child of his own, then or in either case his said portion shall return to the mass of my Estate and disposed of as such.
4th. It is my Will and desire that all the balance of my disposable Estate both real and personal as well the lands and property left to my sister LUCY FOSTER after her death as otherwise, except her Negroes, be divided between all my brothers and sisters (to wit) THOMAS FOSTER, ANTHONY FOSTER, SARAH KINDALL, NANCY ROBINS, POLLY ROBINS, FRANCES JONES, PHOEBE JONES, ELIZABETH JONES, and MILDRED GOFORTH, in proportion to the number of there then living children respectively including such of their children deceased that may have living children and not otherwise.
5th. It is my further wish and desire, and I do hereby order and appoint my friend and nephew EDMUND JONES my brother ANTHONY FOSTER & my friend and nephew JOHN FOSTER son of THOMAS FOSTER Executors to this my last Will and Testament. In testimony whereof I have hereto set my hand and seal the day of February the 19th in the year of our Lord 1823.
JOHN FOSTER

Sign'd Sealed and Acknowledged in presence of us.
JEFFERY JOHNSON}
HUBBARD JOHNSON} Ju't
ANTHONY FOSTER }


North Carolina
Wilkes County
Feby. Term 1824
The above Will was duly proven in open court by the oaths of JEFFERY JOHNSON, HUBBARD JOHNSON & ANTHONY FOSTER.

Test
R. MARTIN, Clk
 

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Will of ALLEN GENTREY
January Term 1825
Wilkes County, North Carolina
Will Book 5, Pages 59-60

 
State of North Carolina Wilkes County, In the Name of God Amen
I ALLEN GENTRY of the County and State aforesaid being weak in body, but of sound mind and memory, I ordain this my last Will and Testament. Item. First I recommend my Soul to god who gave it and my body to the earth from whence it came to be decently buried by my friends. Item. I give to my beloved wife ELIZABEH GENTRY all and every part of my Personal property during her natural life to her use and comfort to hold independent of all Persons after the payment of my just debts. Sealed, Signed and delivered this 16th day of October in the year of our Lord 1824.

ALLEN GENTRY ("X" his mark)

Test
WILLIAM DOUGLASS
ARTHA GENTRY Ju't

North Carolina
Wilkes County
Jany Term 1825

The foregoing Will was duly proven in open Court by the Oath of ARTHA GENTRY in order to be recorded.

Test
R. MARTIN, Clk

 

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Will of BENJAMIN HUBBARD
November Term 1823
Wilkes County, North Carolina
Will Book 4, Page 43

 
State of North Carolina
In the name of God amen, I, BENJAMIN HUBBARD, Wilkes County, & of the County and State aforesaid, being very sick and weak in body, but of a perfect mind and memory thanks be to God calling into mind the Mortality of my body knowing that it was appointed for all men once to die and as touching such worldly Estate as have been please God to bless me with I give demise and dispose of in the following manner and form.
First I give unto my beloved wife ROSANNA Two feather beds and furniture one horse creature, two pots and one oven, one skillet, one chest a half dozen pewter plates & two pewter basons and one cupboard during her life or widowhood and for her to have her widowhood on the place where I now live and also one cow & one flat Iron & one pewter dish & one womans saddle.
Second I give unto my son JOEL all my lands, stock and farming utensils, together with my property of all descriptions to be his at my decease except what I've left to my wife, and at her death or intermarriage all to be his.
Item I nominate and appoint my son JOEL HUBBARD and HENRY GILREATH my sole Executors to this my last will and testament. I do hereby disallow, revoke and disannul all and every other Will & Testament.
In witness whereof I have hereunto set my hand and seal this 9th day of August A.D. 1823.

BENJA. HUBBARD

sign'd Seal'd & declared in the presents of
Test
ELIZABETH GRAYSON }
H. H. GILREATH } Ju't


North Carolina
Wilkes County
Nov'r Term 1823

The above Will was duly proven in open court by the Oaths of ELIZABETH GRAYSON & H. H. GILREATH
Test

R. MARTIN Clk
 

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Will of JOHN ORREL LIVINGSTON
November Term 1824
Wilkes County, North Carolina
Will Book 4, Pages 54 -55

 
In the Name of God Amen. I JOHN ORREL LIVINSTON of the County of Wilkes and State of North Carolina being affliced in body but of sound in mind and memory, do by these presents, make, publish & ordain the following items to be my last Will and Testament, to wit;
1st Item. I will that my beloved wife LUCEY LIVINGSTON be possessed of all my real and personal Estate during her natural life or widowhood and at her decease or marriage my land to be equally divided between my beloved son OREL LIVINGSTON and my beloved daughter FRANCES LIVINGSTON. Item. 2d. should there be any stock of cattle at the decease or marriage of my beloved wife aforesaid, I will that they be equally divided between my five daughters, to wit, MILDRED POSELEY, CATHARINE CARLTON, NANCY PADGETT, EDITH LAND & FRANCES LIVINGSTON. Item 3d. I will that my beloved son JOHN LIVINGSTON have at my decease fifty acres of land known by the name of the Walnut tract. Item. 4th I give my beloved son MARTIN LIVINGSTON twenty five cents. 5th. I hereby nominate and appoint my beloved sons JOHN LIVINGSTON and OREL LIVINGSTON Executors of this my last Will and Testament. In witness whereof I hereunto set my hand and Seal this 2d day of May 1823.

JOHN O. LIVINGSTON ("X" his mark)

Test
JOHN CARLTON Ju't
JOHN MALTBEY


North Carolina
Wilkes
Nov'r Term 1824

The foregoing Will was duly proven in open court by the oath of JOHN CARLTON.
Test
R. MARTIN Clk.
 

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Will of BENJAMIN MARTIN
October Term 1821
Wilkes County, North Carolina
Will Book 4, Pages 12-14

 
In the name of God Amen.
I BENJAMIN MARTIN of the State of North Carolina and County of Wilkes being in good health of body and sound of mind and memory, thanks be to God for the same calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die do this sixth day of February in the year of our Lord One thousand eight Hundred and Eighteen make and publish this my last Will and Testament in manner following, (that is to say)
First, of all I commit my Soul to God who gave it, my body to be buried in a decent Christian burial at the disposal of my Executors.
Secondly, I desire that all my just debts should be paid out of my money and property.
Thirdly, I give to my four Sons the following Negroes, to wit; Negroe JOHN to my Son ROBERT MARTIN, Negroe SAM to my Son BENJAMIN HARRISON MARTIN; Negroe JOE to my Son JAMES MARTIN and Negroe CEASAR to my Son JOHN MARTIN; and to my daughters PATSEY PARKS I give the following Negroes, SARAH, ANDREW, SAME and AMBROSE, and to SARAH MEREDITH ROSSEAU I give JINNEY and her increase, and to ANNE BAGBY I give WINNEY and CATE and their increase, and to ELIZABETH MARTIN I give SILLAR and TOM, and to DIANNAH MARTIN I give SARAH and DINAH and their increase to them and their heirs forever. I also give to my two Sons JAMES MARTIN and JOHN MARTIN the tract of Land whereon I now live (to wit) the upper end I give to JAMES MARTIN and the lower end I give to JOHN MARTIN, the division line to run as follows (to wit) Beginning at the mouth of the spring branch thence a straight line to a marked poplar at the foot of the hill whereon I now live thence along the foot to the lower tract, thence to a marked oak near the foot of the hill beyond the gate, thence with said marked line to the road that leads to ROBERT MARTIN's old School House, thence with said road to the back line to them and their heirs forever.
Also give to my son JOHN MARTIN a tract of Land lying on Roaring River known by the name of the Horse Shoe containing one Hundred and forty acres together with all entries I may have adjoining thereto to him and his Heirs forever.
I give to JAMES MARTIN the Shop tract & JOHN MARTIN the Roaring River tracts in consequence of their having no benefit of the tract whereon I now live during my life. I also give and bequeath Negroe ABRAM and PRIMAS, and one tenth part of all my property hereafter to be disposed of to my Executors herein after to be appointed in trust to keep for my Daughter AMELIA CLEVELAND and the profits of said property to pay over to my said Daughter for her own use and benefit during her life with out the intervention or disposal of JOHN H. CLEVELAND her Husband, and after the death of my Daughter AMELIA CLEVELAND, it is my Request & desire that my Executors and Trustees as aforesaid shall divide the afore mentioned property willed to them in trust as aforesaid amongst all the Children of the body of my said Daughter AMELIA CLEVELAND equally. And in case any Child or Children of my Daughter AMELIA CLEVELAND should die in her lifetime leaving issue, then such issue to have such part or parts of said property as his or their father or Mother would have been entitled to provided he or they would have been living at the death of my said Daughter AMELIA CLEVELAND..
I given and bequeath one tenth part of all my property to hereafter dispose of to my Executors herein after to be appointed in trust to keep for my Daughter ELIZABETH MARTIN and the profits of said property to pay over to my said Daughter to her own use and benefit during her life without the disposal or intervention of JOHN MARTIN her Husband, and further to be ....disposed of in every respect to her and her heirs as I have above directed respecting my daughter AMELIA CLEVELAND and her heirs.
And finally, I give and bequeath to my other Children (to wit) ROBERT MARTIN, PATSEY PARKS, BENJAMIN H. MARTIN, SARAH M. ROUSSEAU, JAMES MARTIN, ANNE BAGBEY, JOHN MARTIN and DIANA MARTIN one tenth part each of all the property both real and personal not already disposed of, that I may die ceased and possessed of, and the other two tenths to be held by my Executors in trust as above directed.
And I do hereby make and ordain my beloved Sons ROBERT MARTIN, BENJAMIN HARRISON MARTIN, JAMES MARTIN and JOHN MARTIN my Executors and Trustees strictly enjoining it on them to carry into effect this my last Will and testament. In Witness whereof I the said BENJAMIN MARTIN have to this my last Will and Testament set my hand and seal the day and year above written.

BENJ. MARTIN

Signed, Sealed, Published and declared by the said BENJAMIN MARTIN in Presents of us.

M. THURMOND Ju't
BENJAMIN PARKS Ju't
JEFFERSON MARSTON

The above Will was duly proven in open court by the oaths of M. THURMOND & BENJ. PARKS and the Executors Sworn.
Test.
R. MARTIN, Clk.

A Codicil to the above Will (to wit)
Be it remembered that in my last Will & Testament bearing date the sixth day of February one thousand eight Hundred and eighteen I Willed a Negroe Man called PRIMUS to my Daughter AMELIA CLEVELAND and having since that empowered my Son JAMES MARTIN to sell Negroe. And the said JAMES MARTIN having sold said Negroe for six Hundred Dollars, I do by these presents authorise and empower my Executors named in my last Will and Testament to pay to my Daughter AMEILIA CLEVELAND instead of said Negroe the ballance of the above mentioned $600, that shall remain unpaid to her by me in my lifetime, after deducting the cost and charges for collecting the same the payment to be made under the same conditions and restrictions contained in my last Will and Testament respecting payments to be made to her. In witness whereof I have hereunto set my hand and Seal this Seventh day of September 1821.

BENJA. MARTIN

Test
JAS. M. PARKS Ju't
ALFRED MARTIN Ju't
 

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Will of WILLIAM WRIGHT MARTIN
May Term 1824
Wilkes County, North Carolina
Will Book 4, Pages 49-50

 
In the Name of God Amen. I WILLIAM WRIGHT MARTIN of Wilkes County and State of North Carolina being sick and weak of body but of a sound and perfect mind and memory. (thanks be to God for the same). do this 3d day of April in the Year of Our Lord One thousand eight Hundred and twenty four, make and publish this my last Will and Testament in manner following, that is to say, First I recommend my Soul into the hands of Almighty God my creator and my body to be decently buried at the descretion of my friends and as to my worldly Estate that it hath pleased God to bless me with, I give and dispose of in the following manner and form that is to say.
1st. I hereby make and ordain my Father ROBERT MARTIN and my Uncle JAMES MARTIN my Executors to this my last Will and Testament.
2d. I will and desire that my just debts be paid out of my Estate, and all my accounts both by Book and Notes be collected and that my father be interested with settlement of the same.
3d. I give and bequeath unto my beloved Wife MARY MARTIN all my lands that lye on the Yadkin river (which is deed to my father ROBERT MARTIN which is supposed to be about three Hundred and forty acres, during her life to have and to hold and enjoy every priviledge, right and benefit belonging to said lands for the support of my Wife and my Children, and at my wife's death, I give and bequeath the aforesaid lands to my son ROBERT C. MARTIN forever, and my wife shall not in no case sell or dispose of her Interest in said lands.
4th. I give unto my beloved wife MARY MARTIN the following Negroes, NANCY and her increase, NELLY and her increase, SUSANNAH and her increase, HARRIOTT and her increase. Negroe boys TOMSON and HANSON, to have and hold and enjoy every priviledge and benefit arising from ther services for her own support and for the support, schooling and raising of my five children that is ROBERT C. MARTIN, AMELIA MARTIN, SARAH MARTIN, ELIZABETH MARTIN and MATILDA MARTIN and as my children arive to full age that is my Son to the age of twenty-one years, and my Daughter to the age of eighteen years my Executors to give off such part of my Negroes to my Children as they and my wife MARY may think and Judge to be just and for them to have, to them and there Heirs forever.
5th. I give and bequeath to my beloved wife MARY MARTIN my Negroe woman MIRA and her increase forever to dispose of in what manner she pleases for to be her own right and property clear of any claims whatever.
6th. I give unto my beloved wife MARY MARTIN all m stock of horses, cattle and hogs and yoke of oxen and cart, miy five beds, bedsteads, and furniture, and all my household and kitchen furniture and all my working tools of every description for benefit and support of her and my Children.
7th. I will and desire that my beloved wife MARY MARTIN and my father ROBERT MARTIN take out of my Medical shop such medicine and books as they may think proper, and the ballance of medicine and every article of shop furnitre of every description be sold by my Executors and the money to be applied to the use and support of my Wife and Children.
8th. I give and bequeath unto my Son ROBERT C. MARTIN my silver line case and my lancets, my short gun, saddle and bridle & my watch, and my father to raise my Son.
9th. I will and desire that my Executors rent out my two Town lots in Wilkesboro No. 26 and No. 27, untill my Son ROBERT C. MARTIN arive to the age of twenty one years, and all the profits arising from the rents of the houses and lots during that time to be appreciated to the use & support of my Wife and Children and when my Son ROBERT C. MARTIN arives to the age of Twenty one years, I give and bequeath the said lots and improvements to him and his Heirs forever.
10th. I will and desire that JONAS PAYNE pay unto my Executors the sum of fifty Dollars and that my Executors convey to said PAYNE my Bushy Mountain Lands and if said PAYNE should fail to pay the sum aforesaid then my Executors are to sell my said Mountain Lands and apply the money to the use and support of my Wife and Children.
11th. I give and bequeath unto my beloved wife MARY MARTIN my big watch.
12th. I will and desire is that if any of my Children should die without lawfull issue that their part of my Estate shall be equally divided among my surviving children.
In witness whereof I the said WILLIAM W. MARTIN have to this my last Will and Testament set my hand and Seal, the day and year first written.
Signed, Sealed and declared by the said WILLIAM W. MARTIN the Testator as his last Will and Testament in the presence of us.

W. W. MARTIN

WM. ROUSSEAU
ALLEN BRUCE
D'D ROUSSEAU


North Carolina
Wilkes County
May Term 1824

The foregoing Will was duly proven in open court by the Oaths of WILLIAM ROUSSEAU, ALLEN BRUCE and DAVID ROUSSEAU, and ROBERT MARTIN and JAMES MARTIN was duly qualified as Executors to said Will.

Test
R. MARTIN Clk.
 

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Will of LARKEN McNIEL
August Term 1824
Wilkes County, North Carolina
Will Book 4, Page 51

 
In the Name of God Amen. I LARKEN McNIEL of the County of Wilkes and State of North Carolina being at this time weak in body yet of a sound mind and memory thanks be it God for his mercy and calling to mind the frailty of nature and knowing that it is appointed once for all men to die, do make this my last Will in manner and form following. Viz.
First I will and positively order that all my just debts be honestly paid. Secondly I leave full power in the hands of my Executors hereafter named to sell such of my personal Estate as they may think proper and also such monies and accounts as may come within there knowledge to collect and apply to the use of settling my said debts.
Thirdly I leave to my beloved wife the remainder of my personal Estate, and the possession of all my real Estate for the term of her life or widowhood and at the expiration of either her life time or widowhood as above, the ballance to be equally divided between my six children namely JESSE, JOHN, FANNY, NEAL, JAMES and CHARLOTTE giving at the same time to my said wife if she should think proper to marry after my decease an equal part with my said children. And lastly I do hereby nominate and appoint my beloved brothers JOHN McNIEL and SIMEON ELLER Executors to this my last Will and Testament. In witness whereof I have hereunto set my hand & seal this 9th day of April 1823.

LARKEN McNIEL

Test
HUMPHREY KILBEY ("X" his mark
GEORGE McNIEL Ju't


North Carolina
Wilkes County
Aug't Term 1824

The above Will was duly proven in open court by the oath of GEORGE McNIEL.

Test
R. MARTIN Clk.
 

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Will of LEONARD SALE
November Term 1824
Wilkes County, North Carolina
Will Book 4, Pages 52-53

 
In the Name of God Amen. I LEONARD SALE of the County of Wilkes and State of North Carolina, being in perfect mind & memory thanks be to God for his mercies, and calling to mind the mortality of my body, and knowing that it is appointed for all men once to die do make and ordain this to be my last Will and Testament, principally of all I recommend my Soul unto God who give it and my body to the Earth, to be buried in a decent and Christian like manner at the discretion of my Executors, and as touching my worldly Estate which it hat pleased God to bless me with, I give and dispose of in the following manner.
It is my Will and desire that after my death, my Will and desire is that as my oldest Daughter NANCY SALE is dec'd that her Heirs that is to say, CORNELIUS SALE, ELIZABETH WELLS her eldest daughter, and SARAH FITTS her other daughter have each of them One dollar each besides what they have had and no more. And it is my Will and desire that as my daughter SARAH WALKER deceas'd that a childs part of my Estate be equally divided among the Heirs of her body. And it is my Will and desire that my daughter MARY OLVEY have a equal childs part.
And it is my Will and desire that my son WILLIAM SALE have a childs part of my Estate after paying fifty dollars to said Estate that he has already received. And it is my Will and desire that my son JOHN SALE have a childs part of my Estate by paying back to said Estate one Hundred dollars that he has already receiv'd.
And it is my Will and desire that my son ENOCH SALE a childs part and One Hundred acres of land including my present house and improvement over a childs part. And it is my Will and desire that my daughter LUCY OLVEY have a childs part of my Estate.
And it is also my Will and desire that my daughter ELIZABETH MARTIN, PATSEY NICHOLSON, REBECCAH BAGBY and SUSANNAH NICHOLSON have each of them a childs part by this exception that is to say that PATSEY NICHOLSON do not have a cow nor bed as the others had.
And it is my Will and desire as my daughter GINEY NICHOLSON is deceas'd that her heir have one dollar of my Estate, that is to say WILLIAM NICHOLSON and no more. I do hereby constitute my beloved friend JOHN WALKER and HARRIS STANLEY Executors of this my last Will and Testament utterly revoking all former Wills and Testaments by me made. In testamony of which I have unto set my hand & seal this the 2d day of June A.D. 1824.

LEONARD SALE ("X" his mark)

Test
ENOCH OLVEY Ju't ("x" his mark)
THOMAS OLVEY Ju't ("x" his mark)
ANTHONY JOHNSON ("x" his mark)


North Carolina
Wilkes County
Nov'r Term 1824

The above Will was duly proven in open court by the oaths of ENOCH OLVEY and THOMAS OLVEY.

Test
R. MARTIN Clk.
 

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Will of WILLIAM STONE
January Term 1825
Wilkes County, North Carolina
Will Book 4, Page 60

 
In the Name of God, Amen. I WILLIAM STONE of Surry County & State of North Carolina, being very weak of body, but of sound mynd and memory and disposal thanks be to God for his mercies, and calling to mind the mortality of the body knowing it is appointed for all men once to die and after death to come to judgement I do now try to give up my soul to the Almighty God through our Lord Jesus Christ hoping mercy through his Righteousness, my body to the earth to be buried up in a Christian like manner at the descretion of my Executor, and as touching my worldly goods as please God to Bless me with in this life I give devise and dispose of in the following manner and form following.
First of all I give and bequeath to my well beloved Wife SARAH STONE the whole and sole use of this plantation whereon we now live during her life time, or widowhood, and then to be equally divided among my children, CATY WARREN, DAVID, ELIJAH, WILLIAM, BYRD, ELISABETH, BERY, and ANN STONE, or their heirs. And lastly I do constitute, ordain and appoint my beloved wife SARAH STONE and my son ELIJAH STONE my whole and sole Executors to this my last Will and Testament revoking and making void any other Will or Wills heretofore by me made ratifying this and no other to be my last Will and Testament. In Witness whereof I WILLIAM STONE on this Nineteenth of Jany. 1813 set my hand and seal, sign'd seal'd acknowledged, Published & Proclaimed to be his last Will and Testament n Presents of

JOSIAH HATLEY
JONATHAN JOHNSON Ju't


WILLIAM STONE ("X" his mark)


North Carolina
Wilkes County
Jany Term 1825

The above Will was duly proven in Open Court by the Oath of JONATHAN JOHNSON in Order to be Recorded.

Test
R. MARTIN, Clk.
 

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Will of DAVID WATSON - 1821
October Term 1821
Wilkes County, North Carolina
Will Book 4, Page 15

 
In the name of God Amen.
I DAVID WATSON of Wilkes County and State of North Carolina being in sound memory but infirm in body do make this my last Will and Testament firstly my body return to the dust from whence it came and my Soul to God who gave it. It is my Will that my body be buried in a Christian like manner and after my death and interment it is my Will that all my just debts be paid. 1. Item. I will and bequeath to my daughter BEDA WATSON four head of cattle now on my plantation, likewise one feather bed and furniture and one half of the kitchen furniture and one flax wheel, and half of the pewter also three head of sheep. 2. Item. I will and bequeath to my daughter SARAH WATSON three head of cattle now on my plantation, one feather bed and furniture and one half the kitchen furniture and half the pewter and three head of sheep and one flax wheel. 3. Item. I will to my son DAVID WATSON one cow. 4. Item. I will to my son WILLICE WATSON one yearling and one sheep and one shot gun and the one half of a feather bed and furniture. 5. Item. I will to my son DANIEL WATSON one yearling and rifle gun and one half of a feather bed and furniture and two head of sheep. -. Item. my Will and desire is that my land that I now live on remain unsold untill my youngest son becomes of age together with my grey horse and stock of hogs for the support of my three youngest children then to be sold at public sale and to be equally divided between all my children. Viz, My daughter ELIZABETH HAMBEY wife of SIMPSON HAMBEY, GILLEY MITCHELL, wife of JONATHAN MITCHELL, BIDA WATSON, POLLEY MITCHELL, wife of WHEELER MITCHELL, JAMES WATSON, THOMAS WATSON, JOHN WATSON, SARAH WATSON, LIHUE WATSON, DAVID WATSON, WILLICE WATSON and DANIEL WATSON and my bay mare to be left in trust with my Executors for the use and benefit of my daughters BIDA and SARAH and my sons LIHUE, DAVID, WILLICE and DANIEL WATSONs. And I do hereby appoint my sons JAMES WATSON and THOMAS WATSON my Executors of this my last Will and Testament and my land and horse and stock as above described for the use of my three youngest children, I leave it in trust with my Executors for the purpose above described. In testimony whereof I have hereunto set my hand and seal this Ninth day of April in the year of our Lord one thousand eight Hundred and twenty one. further I will to my son JAMES one feather bed and furniture.

DAVID WATSON ("X" his mark)

Test
EPHRAIM DAVIS
THO'S DAVIS }
J. ROBINETT } Jurat
 

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Will of JOSEPH WOODS
November Term 1824
Wilkes County, North Carolina
Will Book 4, page 55

 

In the Name of God Amen. I JOSEPH WOOD of the State of North Carolina and the County of Wilkes being weak in body, but sound in mind and memory at this time blessed be God, do this day make this to be my last Will and Testament in manner and form following, that is to say.
First I recommend my Soul into the hands of Almighty God who gave it and my body to the dust, to be buried in a decent manner at the discretion of my friends.
secondly. I desire that all my just debts be paid.
Thirdly. I give and bequeath unto my beloved wife ROSANNA WOOD and equal part with my six children of my estate both real and personal my Will is that my six children each one of them have a good feather bed apiece. Also my Will is that my Wife ROSANNA WOOD shall hold peaceable possession of the Plantation where she now dwelleth for the support of the family during her life or widowhood.
Fifthly. I nominate and appoint JAMES BYRD and THOMAS WOOD SEN'R my Executors of this my last Will and Testament. In witness of this my last Will whereof I have hereunto set my hand and Seal the 31st of July A.D. 1824.

Signed and Acknowledged in the presents of us.
WILLIFORD PRIVETT Ju't
SAMUEL WOOD

North Carolina
Wilkes County
Nov'r Term 1824

The above Will was duly proven in open court by the oath of WILLIFORD PRIVETT

Test
R. MARTIN Clk.

[Note: there is no signature of testator on this will]

 

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Will of JOSEPH YOUNGER
August Term 1823
Wilkes County, North Carolina
Will Book 4, Page 41-42

 
In the name of God Amen, I JOSEPH YOUNGER SEN'R of the County of Wilkes and State of North Carolina, being sick, but of a sound and disposing mind and memmory, and calling to mind the uncertainty of this mortal life, and certainty, of death and desirous of regulating my temporal affairs while I remain in this mortal life, I make and ordain, and by these presents do make and ordain, this my last Will and Testament, disallowing and revoking all others. I first of all recommend my Soul unto the hands of Almighty God my creator who gave it unto me and my body to be buried in a decent Christian like manner at the discretion of my Executors hereafter named and as touching such worldly substance wherewith it hath pleased God to bless me with in this world I dispose of it in the following manner and form. (to wit)
Item 1st. It is my Will and desire that all my just debts be paid out of my money and property.
Item 2d. I give and bequeath to my beloved wife ELIZABETH YOUNGER the house and plantation where I now live and also my two Negroe girls IBBI and STACY during her life.
Item 3d. After the death of my said wife ELIZABETH YOUNGER, I give and bequeath my Negroe IBBE to my son HARRISON YOUNGER and my Negroe STACY to my son JOSEPH YOUNGER forever.
Item 4th. I give unto my sons HARRISON and JOSEPH all my lands where I now live after the death of my wife ELIZABETH to be equally divided between them.
Item 5th. I give and bequeath unto my son WILLIAM YOUNGER One Hundred acres of land joining the lands he now lives on the tract purchased of JOHN JACKSON.
Item 6th. It is my Will and desire that my Negroe woman JINNEY and my Negroe man RALPH remain with my wife ELIZABETH during her life and after her death I give them to my sons HARRISON and JOSEPH by their paying my son WILLIAM two Hundred dollars.
Item 7th. I give and bequeath my Negro RACHEL and her two children NELSON and JUDE, to my daughter NANCY GREEN and to the lawfull heirs of her body forever.
Item. It is my Will and desire that my daughter SUCKEY DOWELL shall have my Negroe girl MARY which I have heretofore named a deed of gift of to PETER DOWELL.
Item 9th. I give and bequeath all my stock and household and kitchen furniture to my wife ELIZABETH YOUNGER for her and my family to live on, and for her to dispose of as she thinks proper.
Item 10th. I give and bequeath my Negroe boy PASS to my grand son JOSEPH YOUNGER son of WILLIAM YOUNGER and my son WILLIAM YOUNGER have the use of said Negroe boy his lifetime.
And I hereby make and ordain my sons WILLIAM YOUNGER and HARRISON YOUNGER and my friend JOHN MARTIN Executors of this my last Will and Testament. In witness whereof I the said JOSEPH YOUNGER have to this my last Will and Testament set my hand and seal the 28th of April 1823.
Signed, Sealed, published and declared by the said JOSEPH YOUNGER as his last Will and Testament in the presents of us who were present at the time of signing and sealing thereof.

JOSEPH YOUNGER ("X" his mark)


A. M. MARTIN
BENJ. H. MARTIN
 

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