In the name of God Amen

   I Benj Curtis of the County of Buncombe and State of North Carolina resident of the waters of South Homony Creek now in the seventy fourth year of my age but in good health and of sound and disposing memory do make and ordain this to be my last will and testament.

   Imprimis I direct my body to be decently interred at the Pisga Meeting house under the direction of my executor to rest in the ground until with humble reliance on the mercy of God through our Lord Jesus Christ I trust it will arise on the last day to the resurrection of the Just.

   Touching such worldly substance as it hath pleased God to bless me with

   I will and devise as follows after my just debts and funeral expenses shall have been paid and as several of my children is married and have received lands and other property as advancements, I will now mention the character of said property & the same by myself to my son Madison Curtis lands on North Homony and a horse beast and saddle & c the amount of three hundred dollars. To my son Benjamin O Curtis lands on North Homony where he now lives and a horse and saddle & c to. the amount of three hundred dollars to my son Jackson Curtis lands on North Homony and a horse & c to the amount of three hundred dollars, to my son John Curtis a horse beast & cow & c worth seventy five dollars, to my daughter Elizabeth A Davis wife of Henry Davis one bed and furniture one cow & some other house furniture worth thirty three dollars, to my son Thomas Curtis one horse beast & one heifer & c worth eighty five dollars. To my son Washington now single one horse beast and stock hog worth sixty five dollars, To my son Joshua ? a horse beast moneys & c to the amount of one hundred and seventy eight dollars & 95 cents, all the above sums as advancements ! now confirm.

   I will and devise to my daughter-in-law Avaline Curtis wife of my son Amos Curtis the use and control of the land which she now lives on on North Homony, joining and above Benjamin Curtis Jr and below John Smathers until her eldest daughter Mary A Curtis and daughter of my son Amos arrives at the age of twenty one after'that time the said Avaline Curtis widow of my deceased son Amos Curtis to have use control and profits of one third part of the said tract of land for and during her life time. 

   I will and devise to my two grand daughters and children of my son Amos Curtis the names of saidchildren are Mary & Martha the above last mentioned lands subject to the provisions above named to them to have and to hold to them and their heirs and assigns forever, also to said Mary & Martha ten dollars each to be paid by my executors out of the sale of my other effects within two years of my decease.! also will and devise to my two grand children of my son John Curtis ten dollars each to be paid in like manner as the above. 

   I will and devise to my son Jackson Curtis deceaseds five children tendollars each to be paid as the above. I will and devise to my son Joshua Curtis one hundred and fifty dollarsto be paid so soon as letters testamentary shall be taken out on my estate provided there should be money on hand if not to be paid at expiration of two years.

   I will and devise to my son Washing Curtis & his heirs & assigns forever that portion of my homestead lands and lying on the NE side of the creek & known as the hickory flats, said lands to commence at the N.W, corner of homestead tract of land a Spanish oak and corner of a tract known as the Gooden tract and to run down a ridge known as the old house ridge to a forked apple tree to in a field near where an old house used to stand thence North and a direct course to a branch then down said branch to a fork of said branch, thence a strait course N.E. to the point of a ridge, thence up the main top of the ridge to. the extreme out boundary of my lands in that direction then west & south around the out boundary of said land to the beginning supposed to be 75 acres worth two hundred dollars. 

   I further will and devise to my son Washington thirty five dollars in money to be paid in like manner as my son Joshua.I will and devise to my son Thomas Curtis and his heirs and assigns forever one hundred acres of land on said Curtis's Creek and known as the Gooden tract on which the said Thomas now lives west of the homestead place Where I now live. I also give and devise to my said son Thomas the west end of a fifty acre tract all that portion of said tract west and above the still house branch to be his and his heirs forever in all supposed to be one hundred and ten acres worth two hundred and twenty five dollars. 

   I will and devise to my well beloyed wife Delilah for and during her life time all that portion of the homestead and plantation on which I now live on the south side of Curtices Creek & west of James Morgan lands and east of the still house branch. Also to my wife Delilah a horse beast and cow and calf to be hers absolute & her choice out of my horses and cattle also to my beloved wife Delila all my household and kitchen furniture for and during her life time except the family book, these books I desire to be divided amongst my wife and children but so as for my daughter Mary to have my family Bible.

   I will and devise to my two daughters Elizabeth Davis wife of Henry Davis and Mary Curtis and their heirs and assigns forever that portion of my lands above devised to their Mother to come into their hands at the death of my wife Oelila also to them all the household and kitchen furniture in like manner.

   I desire and direct that my executor hereinafter named shall sell all that portion of my lands not heretofore devised to any of my children after lawful advertisement on a credit of twelve months said lands lying on the north side of Curtis Creek joining and west of Jas Morgans & south of the lands devised to Washington Curtis east of the lands devised to Thomas Curtis and north of the lands devised to my two daughters also all others of my pershable property to be sold in like manner except such as I may hereafter set apart for my wife the proceeds of the above with the debts due me or moneys on hand with all other property real or personal of every kind after the debts and funeral expenses shall have been first paid with the legacies named shall have been satisfactorily settled then the residue to be divided equally between my sons Madison Curtis, Benjamin J. Curtis Jr., Washington Curtis & Thomas Curtis, Elizabeth Davis wife of Henry Davis & Mary Curtis. I will and devise that at my decease or before any sale is made of my property that my executor pick some suitable person, also my wife pick another and that these two persons may pick a third person whose duty it shall be to lay off my grain and other provisions, sufficient support for my wife till she shall be able to gather her first crop thereafter. My two guns is not intended to be regarded as household or kitchen furniture but are intended to be brought in under the head of perishable property.

   Lastly I constitute and appoint my sons Benjamin J. Curtis & Thomas Curtis my executors in whose integety and discretion I have full confidence.

   Signed sealed and published in the presence of the witnesses hereunto subscribed their names in the presence of the testor who subscribed their names in the presence of each other this the 3rd day of May in the year of our Lord one thousand eight hundred and sixty.

Test Saml B Gudger

James M Morgan Benjamin Curtis seal