ALOB, Vol. X #2,
p. 89-16:
"p. 124.
18 Feb. 1845 - I, Burrell
Pinner, being weak in body but of sound and
disposing mind & memory. I give to my beloved wife Elizabeth
Pinner the tract of land on which I now live also the land adjoining consisting
of several tracts during her natural life or widowhood. Also
two negroes named Caty about thirty-five years of age and a boy named Tom
about seven years of age.. Also all the money cash notes which I
may have on hand at my death, one horse her choice of all I may have, two
cows & calves, two sows & pigs, ten head of sheep two beds &
furniture, farming tools, the corn, roughness (hay) during her natural
life or widowhood.. I will that all the balance of my property of
every description to be sold on a twelve months credit & to pay my
just debts & the balance to be divided amongst my two dtrs. Mary Townsand
and Miram Shroat. I also desire that at my wife death or marriage
the land given to her be equally divided between my two dtrs. and the other
property to be sold and the money divided among my two dtrs. and my granddaughter
Artilisa Townsand to have $50 cash.. The words[sic], corn roughness
and stock, including fifty acres of land on Gap Creek interlined before
signed in the presence of Joshua Roberts, Juratt & W.R. Murray, Juratt..
Signed Burrell
X Pinner.
(no executor)
July term 1847 of Burrell Pinner, decd... Alex. Henry, clk."
ALOB, Vol. X #2,
p. 89-16:
"p. 125.
2 April 1847 -- I, Isham
Edwards, being of sound mind & in feeble
health believe that my final destination is not far distance.. I
give to my beloved wife Polly Edwards during her natural life or widowhood
and then my land may be divided among my four sons viz: William M.,
James, John & Isham Edwards, Jr. & they are to pay the balance
of my chn. so as to make them all equal & after the payment of my debts,
I desire that my wife to have all cash on hand & all debts due to me
collected. I desire also that all care to be taken so as not to waste
my property. After the death of my wife my land to be given to my
four sons viz: William to have the part above the meeting house &
known as Jeremiah Redman land & James to have the part at the upper
end next where W.M. Peek & my two little boys to have their part where
my houses stand. My land divided between my four boys so as to make
them equal in value, they are to pay to their brother David and six girls
so as to make them all equal (sic)
(no executor
named)
Wit: J.W.
Peek, Juratt & James Cody, Juratt.
Signed Isham
X Edwards..
Proved in open
court by the oath of J.W. Peed & James Cody.. this July Term
1847.. Alex. Henry...."
ALOB, Vol. X #2,
pp. 89-16 & 89-17:
"p. 126.
25 May 1846.. I, James
Brevard, being of sound mind & memory.
I will that all my just debts be paid. I will that my beloved wife
have all the land which I now own & all live stock of every kind &
tools also all household & kitchen furniture during her life or widowhood.
I have already given my son Thomas a horse and have made my son Zebulon
equal with Thomas by giving him his freedom at an early age and I will
that my other sons Joseph, David & James have a horse of the value
I gave to Thomas as they come of age if my wife can spare them. I
will that my dtrs Nancy, Harritt, Celia, Margaret & Mahaley each to
have a cow & calf a bed & furniture as my wife can spare them.
At my wife death or marriage the land & tools be equally divided amongst
my sons by sale or allotment as may be agreeable and the other property
to be equally divided among my daughters.
I appoint my
wife Ruth & my son Thomas as executors.
Wit: Joshua
Whitaker & Jasper Ashworth, Jurrett..
Signed James
Brevard..
Proved by the
oath of Jasper Ashworth in open court Oct. term 1847 & same time qualified
Ruth Brevard & Thomas Brevard as executors. Alex. Henry.."
ALOB, Vol. X #2,
p. 89-17:
"p. 127.
27 May 1844. I, Rebecca
Dillingham, being in a reasonable state of
health & of sound & perfect mind & memory. I desire that
after my debts & funeral expenses are paid the balance of my estate
I give to my two dtrs. Peggy Carson & Polly Barnard one negro woman
my household & kitchen furniture, all money & debts due to me to
be equally divided between them.
I appoint W.T.
Willson as executor.
Wit: J.A.
Buckner, Jurratt & Ganes Roberts..
Signed Rebecca
X Dillingham...
Proved by the
oath of J.A. Buckner in open court in the Oct. Term 1847 & ordered
to be recorded.. Alex. Henry, clk.."
ALOB, Vol. X #2,
p. 89-17:
"p. 128.
12 April 1843. I, Frances
Gillespie, being in my right mind, I do give
to my wife Jane Gillespie all my lands and stock of every kind, horses,
cattle, hogs, sheep & all tools & harnes[sic] of every kind and
all household & kitchen property with all debts due to me, books accounts
& notes also my still & vessels the money on hand to her as long
as she lives or remain single, then the property to be sold or divided
so as to give each child an equal share. I appoint my beloved wife
Jane Gillespie & John Reynolds as my administrator of this will.
Wit: Ann
Robeson & David Ducket, Jurrett & John D. Gillespie, Jurrett..
Signed Frances
Gillespie..
Proved by the
oath of David Ducket & John D. Gillespie in open court in the Jan.
term 1848 and admitted to be recorded.. Alex. Henry. clk..."
ALOB, Vol. X #2,
p. 89-17:
"p. 129.
4 March 1833. I, Thomas
Ingram, being of sound & perfect mind
and memory. First I will that all my just debts be paid. I
give to my half sister Lourane Adkinson $75. I give to my "neffue"
William Adkinson the sum of $5. I give to my niece Cornelia Raynolds
$5. I give all the rest of my property & money to be equally
divided amongst Isaac Garmons' children.
I appoint Wm.
H. Garmons as my executor.
Wit: Wm.
H. Garmon, John Plemmons & Levi X Miles, Juratt.. Signed Thomas
Ingram..
Proved by the
oath of Levi Miles in open court the Oct. term 1848 & William H. Garmon
was qualified as executor. Henry."
ALOB, Vol. X #2,
pp. 89-17 & 89-18:
"p. 130.
26 April 1847. I, Joseph
Coche, being of sound mind & memory.
It is my will that my beloved wife Desire Coche to carry on my business
as it now is or dispose of my estate in what manner that she thinks most
proper. I desire that all my just debts to be paid including notes
due William Patton for which I have given a deed of trust on part of my
property dated 16 Oct. 1845 to James Patton for the use of William Patton
to be paid out of my estate as they come due. I give to my beloved
wife Desire Coche all my property both real & personal after my debts
are paid. I also desire that my wife to raise & educate my children
until they come of age in the manner that she may think proper, suite[sic]
her convenients[sic].
I appoint my
beloved wife Desire Coche as sole executrix.
Wit; R.V. Blackstock,
W.T. Coleman, Jurett & Hugh Johnson, Jurett..
Signed J. Coche..
Proved by the
oath of W.T. Coleman & Hugh Johnston in open court this Oct. Term 1848
& Madam Desire Coche qualified as executrix, Alex Henry, clk.."
ALOB, Vol. X #2,
p. 89-18:
"p. 131.
20 Aug. 1848. I, Margerett
Davis, do make this as my last will &
testament. I desire that my executor to pay my just debts & funeral
expenses from my estate. I give to my dtr. Elizabeth Fox one bed
& furniture. I give to my dtr. Margerett Cook one bed & furniture.
I give to my dtr. Martilia Davis one mare, all my hogs, one loom &
tackle, one spinning wheel large, one small wheel, one bed & furniture,
my big Bible and all other books, the cupboard, two tables, all my chairs
with the kitchen furniture. I give to my granddaughter Eliza Clark
one cow & calf, one bed & furniture. I give to my son James
Davis one dollar. I desire that the remainder of my property be sold
and the money divided amongst Elizabeth Fox, Washington Davis, Wm. Davis,
heirs Margerett Cook, Elizabeth Clark and Martilia Davis so that each to
share equal.
I appoint Wm.
M. Clark as executor.
Wit: Wm.
M. Garmon, Jurett, & Erwin Sluder, Jurett..
Signed Margerett
X Davis..
Proved by the
oath of Wm. M. Garmon & Erwin Sluda in open court this Oct. Term 1848
& the
named executor
was qualified.. Alex. Henry, clk.."
ALOB, Vol. X #2,
p. 89-18:
"p. 132.
12 July 1845. I, Peter
Reed, being of sound mind and memory, do make
this as my last will & testament. I give to James Reed my friend
& near relative 130 acres of land on the Meadow Branch, including where
I now live all in one tract. I will to my sister Jane Reed one watch,
one chest & cupboard, utensils, tools, one rifle gun, one gray mare,
all household & kitchen furniture.
I appoint my
friend Anthony Ballew as executor.
Wit: James Brevard
& John Lanning, Jurett.
Signed Peter
Reed..
Proved by the
oath of John Lanning, Sr. in open court this Jan. term 1849 & admitted
to record. Alex. Henry, clk."
ALOB, Vol. X #2,
p. 89-18:
"p. 133.
20 Oct. 1848. I, Ebed
Jones, being in a low state of health but
of sound & perfect mind & memory. I give to my beloved wife
Ann Jones the tract of land whereon we now live & the mill also the
land below for her use during her natural life or widowhood and then to
be divided among my children. As to the rest of my personal property
the house & all the household and kitchen furniture, seven head of
cattle, all the sheep, all the hogs & this property to be at her disposal
and all the bedding & all the furniture she brought with her to be
at her disposal. I also give all my tools, plows, hoes, axes for
her use during her natural life or widowhood, then to be sold or divided
amongst my children equally only twenty dollars to Jenny Ducket to let
her know I not forgot her, and bed to Peggy Dotson and the rest to be divided
equally. To my wife one mare & colt in place of the horse that
was her property and all the corn, wheat & rye..
I appoint my
beloved son Isaac Jones as executor.
Wit: John
H. Robeson, jurett, Alexander Robeson, jurett..
Signed Ebed Jones..
Proved by the
oath of John H., & Alexander Robeson in open court this Jan. term 1849
& admitted to record.. Isaac Jones the executor named in the
will refused to qualify and the court appointed
Wilie Jones as
admr. with the will annexed & a letter of testamentary granted..
Alex. Henry, clk..."
ALOB, Vol. X #3,
p. 89-25:
"p. 134.
9 Jan. 1849. I, Hannah
Baird, being of sound mind altho afflicted.
I will to my three dtrs. each as follows Mirah M. Vance, Sarah A. Smith
& Mary A. Baird the girl Cherry which I give my dtr. Mirah M. Vance
has died & I have paid her for said girl. I give to my dtr. Sarah
A. Smith my negro girl Mirah. I give to my dtr. Mary A. Baird my
negro girl Jane. I also give to my dtr. Mary A. Baird the following
property, two beds & furniture, I leave my dtr. Mary A. Baird unprocted?,
I feel it my duty give her something extra therefore I will her my
colored servant Milly. I will to all my sons viz: James E.,
Joseph C., Adolphus C., and my deceased sons John M.W.. & Andrew N.
Baird my two boys Lands & Sandy to be equally divided amongst them,
with the chn. of my decd. sons taking their father' share. I desire
that the said negroe boys be retained in the family & not sold as they
were given to my by my father.
I appoint Montraville
Weaver as executor.
Wit; M.L. Wilson
& M.M. Weaver..
Signed Hannah
Baird..
Witnessed again
by M.L. Wilson, Jurett & Lanette Baird..
Proved by the
oath of M.L. Wilson this April term 1849.. M.M. Weaver qualified
as executor.. A. Henry, clk."
ALOB, Vol. X #3,
p. 89-25:
"p. 136.
15 Sept. 1836.. I, Henry
West, being of sound mind and memory.
I give unto Jane Wilson widow and Ilbe Hamby? each one half of the following
tracts of land to wit: #1. Joining lands of Wilsons corner,
Henry West line, William Forster line containing 100 acres entered 18 Dec.
1830 & granted 22 Dec. 1831. #2. Joinings Forster Creek,
to Harry West & Daniel Smith land to Lick Branch, containing 60 or
65 acres & granted to Henry West 6 Jan. 1794. #3. Joining
Henry West old line & containing 100 acres & granted to Henry West
9 Dec. 1795.
I appoint Jane
Wilson as executrix.
Wit: M.
Patton, Jurett & Fidile Patton..
Signed Henry
West...
Proved by the
oath of M. Patton this July term 1849 & ordered to be recorded.
Alex. Henry, clk.."
ALOB, Vol. X #3,
p. 89-25:
"p. 137.
2 Aug. 1846. I, Eldad
Reed, Senr. being aged & infirmed but
of a perfect mind & memory. I desire that all my just & lawful
debts be paid. I give to my son Eldad all that tract of land whereon
I now live, containing 100 acres & valued at $400 with him to pay my
eldest son Joseph Reed $25 in cash or $32.50 in trade within three years
of my death. Also, to pay to my son John $91.66 in trade within three
years after my death. I give to my dtr. Anna Clements all that tract
of land whereon she & her husband William Clements now lived containing
75 acres & valued at $300, and for them to pay my son Joseph the sum
of $25 in cash or $32.50 in trade within three years after my death.
Also, to pay unto my son John the sum of $91.66 within three years of my
death. I also give my working tools to my son Eldad at the value
of eleven dollars.
I appoint my
son Eldad Reed and my dtr. Anna Clements as my sole executors.
Wit: John
Lanning, Jurett & James Reed, Jurett..
Signed Eldad
Reed..
Proved by the
oath of John Lanning, Senr. & James Reed this July term 1849 &
admitted to record..."
ALOB, Vol. X #3,
pp. 89-25 & 89-26:
"p. 139.
12 Aug. 1849. I, Leander
J. Wells, being sick & afflicted in body
but of sound & disposing mind & memory. I desire that all
my just debts to be paid by my executors and I do appoint my brothers B.F.
Wells & R.P. Wells as executors. There are unsettled debts and
accounts between myself and Pearce Roberds so I direct my executors to
sell as much of my property as necessary to settle with him, & to collect
all debts due to me and apply to the payment of my debts. The balance
of my estate both real & personal I give to my beloved wife during
her natural life or widowhood except the tract whereon I now live, the
tract that my father gave me. I desire that my beloved wife Mary
Louisa have possession of & proffit[sic] until my son Swan Franklin
Wells shall arrive at the age of twenty-one years, then he is to have full
possession of the same. The remainder of my property to be held by
my wife till death & then equally divided among all my children, in
case of my wife marriage I desire her to have only a child part.
Wit: P.
Roberds Jurett & James Gudger, Jurett..
Signed L.J. Wells.
Proved by the
oath of James Gudger & Pearce Roberds this Saturday 13 Oct. 1849 and
ordered to be
recorded..
R.B. Vance, clk.."
ALOB,
Vol. X #3, p. 89-26:
"p. 140.
6 June 1848. I, Ann Eliza White,
being of sound & perfect mind. I give to my brother Lawrence
Gahagan all he owes me, which is set forth in a note of hand he gave me
when me & him settled. I will to my brother Mathias Gahagan after
he pays to my estate $400, all the balance he owes me. I next will
to my sister Sarah Swafford, my cloak, one bed, two quilts, two sheets
& pillows. I next will to the needy poor preachers of the gospel.
The balance of my estate to my brother Geo. W. Gahagan three chn. viz:
Napoleon B., Andrew J., & Ann Eliza Gahagan for their education if
necessary.
Wit: Hester Barnard
& George W. Gahagan, Jurett..
Signed Ann Eliza
White..
Proved by the
oath of George W. Gahagan in open court this Oct. term 1849. R.B. Vance.."
ALOB, Vol. X #3,
p. 89-26:
"p. 141.
2 March 1849. I, John
N. Gentry, as I am sorely afflicated[sic]
in body, but of sound & disposing mind & memory. I desire
that my body be interred in the buring[sic] ground on the hill near the
old Gentry graves where my father & mother was buried in a plain and
decent manner. First I desire that all my just debts be paid first
and I desire that my beloved wife Sarah Gentry should keep & enjoy
all my estate both real & personal during her natural life. I
desire
that my son John H. Gentry to have all my land being 225 acres after the
death of my wife. I desire that my personal property to be equally
divided between my son John and my daughters Lucy Buckner the wife of James
Buckner and Elizabeth Buckner the wife of Absolum Buckner & to my son
William Gentry one brown mare which he has in his possession. I also
desire that my children be kind & obliging to their mother during her
life time and endeavor to be friendly towards each other & all other
persons in this world & prepare to meet each in heaven which is my
last & greatest desire..
I appoint my
son John H. Gentry & sons-in-law James Buckner & Absolum Buckner
as executors.
Wit: R.V.
Blackstock, Jurett & Joshua Roberts, Jurett..
Signed John N.
Gentry..
Proved by the
oath of R.V. Blackstock & Joshua Roberts in open court this July term
1850.. R.B. Vance, clk..."
ALOB, Vol. X #3,
pp. 89-26 & 89-27:
"p. 142.
10 Feb. 1850. I, Joseph
Trantham, being far advance in life and resting
under sore & heavy afflications[sic] but of a perfect mind & memory.
First I give to my beloved wife Mary Tranthan all that tract of land whereon
I now live during her natural life as far up as the fork of the creek,
I also give her my sorrel mare, two milk cows, my stock of sheep, all my
hogs, my farming tools also my house hold & kitchen furniture.
I desire & will that all my just debts to be paid. I give to
my dtr. Elizabeth Edwards 50 acres of land lying at the head of Flat Broad.
I give to my dtr. Belinda Suttles 50 acres being the middle 50 acres of
my mountain land. I give to my dtr. Minerva Wallace the remaining
50 acres of my mountain tract. I give to my son Joshua Trantham 50
acres joining William Whitaker line & near the salt log. I give
to my three youngest sons to wit: James, Thomas & David all the
remaining mountain land to be equally divided among them according to valuation,
also the place where I now live after the death of my wife Mary also my
small bored rifle gun and to my son Jepthey I give the young horse he took
away with him. I also give to my son Riley & daughter Margaret
$30 each also $15 to my two grandchildren Joshua & Amy Grant.
The above sums of money to be raised from the sale of my brown mare, two
cows & my rifle gun.
I appoint Eldad
Reed & Joshua Grant as my executors.
Wit; Jacob Reed,
jurret, John X Right, jurret & Andrew Grant..
Signed Joseph
X Tranthan..
Proved in open
court by the oath of Jacob Reed, John Right this July term 1850.
R.B. Vance, clk..."
ALOB, Vol. X #3,
p. 89-27:
"p. 144.
30 Oct. 1850. I, John
McFee, being of sound mind & memory.
I will that my funeral expenses be paid from my estate. I will &
desire that my dtr. Mary McFee 50 acres of land from my dwelling place,
this to be laid out by a line in the middle of the 100 acres in my tract,
she to have the lower end of my farm also the tract that includes the dwelling
house. Also one horse, all my household & kitchen furniture,
my farming tools except my two horse waggon[sic]. I give to my son
William McFee 30 acres of land to include his dwelling house from my upper
hundred acre tract. I will & desire to my sons Jason & Henry
and Madison McFee all the remaining portions of my lands that I may die
possessed of. I will to my dtr. Elizabeth Tanner, decd. four children
one dollar each. I will to my dtr. Mary all the Geese, ducks, chickens
& grain at my decease. All the remainder of my property to be
sold to pay my just debts and legacy to the chn. of Elizabeth Tanner decd.
& if any is left it to be equally divided among the following to wit:
Charles, Ambrose, James McFee, Margaret Wise, wife of John Wise, &
Obediance Raburn wife of William Raburn. I do now confirmed to my
children the property that I have given to them at their marriage.
I appoint Jason
McFee & Madison McFee as my executors.
Wit: Samuel
B. Gudger, Thomas Neal, jurret..
Signed John X
McFee..
Proved by the
oath of Thos. Neal in open court his dec. term 1850.. R.B. Vance."
ALOB, Vol. X #3,
p. 89-27:
"p. 145.
28 March 1839. I, Jesse
Palmer, being in perfect health mind and memory.
I give to my beloved son John Palmer $1. I give to my beloved son
Jacob Palmer $1. I give to my beloved son David Palmer a tract of
land, joining the lands of Alexander Robeson & Martin Sheenner. (amount
not given). I give to my beloved wife all my household & kitchen
furniture & a child's part of my land. The rest of property to
be sold and equally divided among my dtrs. Catherine Falls & Mary Robeson,
Ann Rebeson, Elizabeth Robeson, Margaret Wells and I do appoint my son
Alexander Robeson as executor.
Wit; Ebed Jones
& Caroline Robeson..
Signed Jesse
X Palmer..
Proved by the
oath of John H. Robeson in open court his Dec. term 1850.. R.B. Vance,
clk.."
ALOB, Vol. X #3,
pp. 89-27 & Vol. X #4, p. 89-36:
"p. 146.
11 March 1850. I, John
Young, being in my usual health but advanced
in age. I desire that my just debts be paid. I will & devise
to my beloved wife Roanna Young $300 in money, two beds & furniture
to be disposed of as she choses. I will & devise to my daughter
Jane Porter & her heirs forever the tract of land on the North fork
of Swannanoa River, containing 180 acres & being in three tracts, purchased
from Francis Green, also one copper still now in possession of her husband
Alexander Porter and after the death of my wife one negro girl named Angeline.
I will & devise to my daughter-in-law Rebecca Young Wilson wife of
my son William during her life or widowhood the tract of land where she
now lives containing about 207 acres purchased by me from Levi Merrell
& at her death or marriage I devise the said land to be equally divided
amongst, Rosanna, Sarah, Jane, Thomas, Martha, Alla, Malinda, Samuel &
Mary Young the children of my son William Young to them forever.
I will to my grandson Samuel P. Young & his heirs one negro boy named
George & small rifle gun. I will & devise to my son Thomas
L. Young & his heirs forever the tract of land on Swannanoa River where
he now lives which I purchased from John Patton & one copper still
now in his possession & a negro girl named Julia and all my carpenter
tools, I also give to my son T.L. Young during the natural life of my wife
Rosanna five negroes viz: Lucy, Spencer, Lowry, Angeline & Charlotte
all the stock of horses, hogs, sheep, waggon[sic], Geese & farming
tools of every kind, with household kitchen furniture. I give to
my grandson Samuel M. Young a negro boy named Dick & my large rifle
gun. I give to my dtr. Mary M. Edmonston one half of the McCrary
Tract of land and after the death of my wife one negro boy named Sammy.
I give to my grandchildren Willington Pettillo, John Pettillo & Samuel
Pettillo the upper part of the McCrary tract of land, joining the part
given to Mary Edmonston. I give to my two granddaughters Rosanna
& Martha Pettillo one negro girl named Louiza after the death of my
wife. I give to my granddaughter Martha Ann Edmonston one negro girl
named Carolina after the death of my wife. I give to my dtr. Mary
M. Edmonston a negro woman named Lucy after the death of my wife.
I give to my dtr.-in-law Rebecca Young one negro girl named Charlotte until
her death or marriage. I desire that the remainder of my property
be sold & all my debts paid the over plus to be divided into five equal
parts, one part to Jane Porter, one part to the children of my son William
decd., one part to my son Thomas L. & one part to Mary M. Edmonston
& one part to the children of my dtr. Nancy Pettillo, decd.
I appoint
Joshua Roberts as my executor.
Wit; M. Patton,
Jurret. & T.L. McRee..
Signed John Young..
Proved by the
oath of M. Patton in open court this Dec. term 1850.. R.B. Vance.."
ALOB, Vol. X #4,
p. 89-36:
"p. 148.
5 March 1851. I,Rosanna
Young, widow & Relict of John Young.
Do make this as my last will & testament. I give to my dtr. Mary
Edmonston the money placed by me in the hands of David Gerren with the
interest being $195.10 also $100 paid to me from the sale of the real estate
of my sister Mary Hemphill. I give to my son Thomas L. Young $100
due me from the proceeds of the sale above mentioned also to my granddaughter
Martha Ann Edmonston the balance of the sum coming to me.
I appoint Joshua
Roberts as my executor.
Wit: Andrew
Hemphill, jurrett & Louisa X Hampton..
Signed Rosanna
X Young..
Proved by the
oath of Andrew Hemphill this June term 1851.. R.B. Vance.."
ALOB, Vol. X #4,
pp. 89-36 & 89-37:
"p. 149.
22 May 1851.. I, John
Wilson, being in good health and of perfect
mind & memory. I will unto my beloved wife Susannah Wilson all
my household & kitchen furniture & to be disposed of as she chooses,
also the tract of land whereon I now live during her natural life containing
150 acres, being the balance of the tract that I bought from Thomas Foster
& not conveyed by me to my son F.M. Wilson. One horse, two cows
& calves, one sow & pigs, a two horse wagon & gear & my
tools. I give the tract of land I left to my wife during her natural
life to be the property of my son Samuel W. Wilson forever. The remainder
of my property to be sold & all my just debts be paid. The personal
property to be sold after her death & the proceeds of such sale when
collected be equally divided between my dtrs. Polly Johnston & Nancy
E. Davison.
I appoint Joshua
Roberts as executor. Wit: R.W. Roberts & Elias I. Humphrey..
Signed John Wilson..
Proved by the
oath of P.W. Roberts[sic] in open court this Sept. term 1851. R.B.
Vance.."
ALOB, Vol. X #4,
p. 89-37:
"p. 150.
24 June 1839. I,James
McBrayer, being in sound mind and memory,
first I desire that my just debts be paid, then I give to my beloved wife
the plantation whereon I now live during her life time or widowhood also
Ming & Sall also what she may choose to keep for her own use of my
stock, tools, bed & furniture, I will that after my wife Polly has
selected what she thinks necessary for her use the balance to be sold &
equally divided amongst my chn. viz: William J. Jane Almira, James
M., Milly M., T. Adolphus, Martha & Andrew H. I will that Betsy's
children, Mary Ann, James R., Milley Thomas & Martha their mother's
share to be equally divided among them. I will that after my wife
death my land be divided as following. James M. to have 100 acres
being two 50 acres tracts. To my son Adolphus to have the lower end
to Merrell branch & South to Andrew Harvey to have the balance of the
land. Also after my wife death I desire that my other property & negro
Mings be sold & the proceeds divided among my sons. Also my negro
Sall be sold & the proceeds divided among my dtrs. with one share
to Betsy's heirs. I appoint Joniah Burgin, James Madison & Adolphus??.
Wit: James Pinkerton, Jurett & Henry G. Fagan... CODICIL.
Betsy Pinkerton's three last children to have an equal share of her part
with the rest of her heirs. This 24 June 1851..
Signed James
X McBrayer..
Wit: James
Pinkerton, Jurett & Henry G. Fagan.
Proved by the
oath of James Pinkerton, Jurret this Sept. term 1851. R.B. Vance,
clk.."
ALOB, Vol. X #4,
p. 89-37:
"p. 151.
13 Oct. 1851. I, Rebecca
Gill, being weak in body but of sound mind
and memory, do make this my last will & testament. I have seen
cause to dispose of my property in the following manner, viz: Four
of my grandchildren Mary E. N. Gill, Lorena Olevia Gill, Rebecca Emoretta
Gill & Viloet Erminta Gill to have one bay mare & one year old
colt.
(no executor
named)
Wit: G.E.D.
Garrison & A.J. Gill.
Signed Rebecca
X Gill.
Proved in open
court by A.J. Gill this Dec. term 1851 and ordered to be recorded. Certified
by R.B. Vance, clk.."
ALOB, Vol. X #4,
p. 89-37:
"p. 151.
18 Dec. 1851. I, John
McKinney, being of sound mind & memory.
First I will & decree that all my mountain land on the North Fork of
big Ivey from H McKinney up including the two tracts of land lying in Yancy
County, joining the mountain land above mentioned one of which I have G.G.
? bond for __________ & the other J.R. Jones and all the hogs that
is left after my beloved wife takes all she may want, all I want sold on
a twelve months credit at the highest bidder & all my just debts to
be paid & if not to sell the land I bought from Jan. A. Buckner..
I desire that my beloved wife & children the remainder of my property.
I appoint my
friend, my wife Aroline McKinney & Joseph McKinney with A.G. Greewood
& M. Greenwood as executors..
Wit: J.W.
Dillingham, juriett & David X Arrowwood..
Signed John McKinney..
Proved in open
court by the oath of J.W. Dillingham in the Spring term, 1852 in open court
& ordered to be recorded. R.B. Vance.."
ALOB, Vol. X #5,
p. 89-47:
"p. 152.
11 Jan. 1851.. I, Richard
Sumner, being aged & infirmed, but of
sound & perfect mind & memory. First I desire that all my
just debts to be paid, as I have heretofore given to all my children excepting
Dempsey near the amount I allowed them to have out of my estate.
So I now give to my dtr. Susannah Whitaker the sum of $20, likewise the
sum of $1 to each of my other daughters, Sarah McRary, & Judy Clemmons,
also one dollar to my son William, also one dollar to the heirs of my son
Samuel, likewise one dollar to the heirs of my dtr. Elizabeth Jones, decd.
also I give the sum of one dollar to the heirs of my son James. I
now give to my son Dempsey all that tract of land I now own, it being 245
acres, with all my horses, cattle, hogs, sheep, tools also all household
& kitchen furniture. I desire that my said son Dempsey shall
pay to each of the aforesaid legatees one dollar each.
I appoint my
son Dempsey as executor.
Wit: E.
Reed, Jurat & John Merrell Juratt..
Signed Richard
X Sumner..
Proved by the
oath of E. Reed and John Merrill in open court July session 1852. R.B.
Vance, clk.."
ALOB, Vol. X #5,
pp. 89-47 & 89-48:
"p. 153.
13 June 1852.. I, Margaret
Joice, residing on North Hominy Creek in Buncombe
Co. being of sound mind & memory. I desire that my body to be
buried near the residence of my sister Sarah Young and the necessary expenses
to be paid from my estate by my executors herein named. First I give
to my brother Alexander Joice all my land in this county lying on North
Hominy Creek, also all the grain that may be growing on the land at my
death, also to my brother Alexander Joice the sum of $10 that I owe him
and no more. I give to my beloved niece Margaret Neale my side siddle
& white counterpaine and one coverlet also one cotton dress.
I will & devise to Mary Williams wife of Daniel Williams five bushels
of corn. Also to John P. Joice five bushels of corn. Also to
Joseph Young five bushels of corn and to Edward P. Williams five bushels
of corn. I give to my niece Margaret Young dtr. of my sister Sarah
all my pots, vessels & kitchen furniture also my large walnut cabinet.
I give & devise to Ailsworth son of Morgan Young one cow & calf
also to Margaret Young one coverlet. Also I will to my niece Susannah
Curtis one coverlet, also a small trunk, & one pair of cotton stockings
also one counterpain double wove. I will & devise unto Araminta
Young dtr. of Joseph Young two bed quilts also a heifer yearling.
I will & devise unto Martha Williams dtr. of Elizabeth Williams one
bed quilt & one counterpain also to Malvina Williams dtr. of Martha
Williams one bed quilt. I will to Martha Williams one bed.
I will & devise to Sarah Young wife of Joseph Young one bunch of spun
thread. I will & devise to Ann Curtis dtr. of Benjamin Curtis
Jr. one of my cotton dresses or frock. I will & devise to Mary
Williams wife of Daniel Williams one pair of cotton stockings. I
will & devise to Elizabeth Joice, dtr. of my brother Ambrose one counterpain
double wove. I will & devise to Aldecka Williams dtr. of E.P.
Williams one counterpain. I will & devise to Margaret Young dtr.
of my sister Sarah, three under sheets, one counterpain double wove and
all my earthen ware. I will & devise to Margaret Joice dtr. of
Robert Joice one counterpain. I will & devise to my well beloved
sister Elizabeth Williams 2 counterpains & my clock. I will to
Mary Williams wife of Daniel Williams one cotton frock. I will &
devise to Araminta Young dtr. of Joseph Young two shymmeys [sic].
I will & devise to Catherine Joice wife of James P. Joice my little
spinning wheel. I will & devise to Joseph Young's wife my cotton
cards & large spinning wheel. I will & devise to Celia Ann
Williams dtr. of Daniel Williams one cotton frock. I will & devise
to Ann Curtis dtr. of Benjamin Curtis one white dress. I will &
devise to Susannah Williams dtr. of Daniel Williams one calico frock.
I will & devise to Nancy Joice dtr. of John P. Joice one cotton dress.
I will & devise to Benjamin Curtis two youngest dtrs. one bed, &
a quilt each. I will & devise that all my household & kitchen
furniture, farming tools to be sold and the money equally divided amongst
my brother Ambrose Joice & my sisters Sarah Young and Elizabeth Williams.
I will & devise to Edward P. Williams one note which I hold on Reuben
Deavers for $23 due 6th April 1851 & marked with the letter "A"
I will that the balance of my notes and accounts which I may have be collected
by my executors & the same distributed as following. To Thomas
Neal $5., To John Williams $5., To Robert Joice $5., To Aldecka Williams
$5., To James Joice $5., To Nancy Williams $5., To John P. Joice $10.,
To Malvina Williams $5., To Ambrose Joice $10., To Susannah Curtis $5.,
To Elizabeth Williams $10., To Mary Williams $5., To Sarah Young $10.,
To Parthana Shook $5., To Margaret Young $5., To Nancy Morgan $5., To Ailsworth
Young $5., To Temperance McFee $5., To Joseph Young $5., To Betsy Joice
$5., To Martha Williams $5., To Matilda Sharp $5., To Jarrett Williams
$5. Any over plus from the said notes to be divided among Ambrose
Joice, Alexander Joice, Sarah Young & Elizabeth Williams.
I appoint Solomon
F. Young & Samuel B. Gudger as my lawful executors.
Wit; Benjamin
I. Curtis, Jurett & Ambrose McFee..
Signed Margaret
X Joice
Proved in open
court by the oath of Benj. I. Curtis July term 1852 & ordered to be
recorded. R.B.
Vance, clk...."
ALOB, Vol. X #5,
pp. 89-48 & 89-49:
"p. 156.
12 Dec. 1840.. I, James
Boyd, being of sound & disposing mind
and memory, but being advanced in age. First I desire that my beloved
wife Rachael shall have all my estate both real and personal with all my
household property, debts & moveable effects for and during her natural
life. At the death of my beloved wife Rachael I will & bequeath
to my son Robert Boyd, forever all that part of my land which I bought
from Mr. Samuel W. Davidson also three negroes viz: Henry, Lucinda
& Adolphus and one half of all my other property. After the death
of my beloved wife Rachael, I give to the children lawfully begotten by
my son James B. Boyd which then may be living, forever, all the balance
of my land which I bought from John Robeson & Peter Mason also four
negroes viz: Dorcus, Martha, Anderson & Ben. Also one half
of my other property to be equally divided amongst them. I appoint
my friend James Lowery & Alexander Robeson as executors.
Wit: James
M. Lowery, Juret & John Wells..
Signed James
Boyd..
CODICIL..
I, James, Boyd, do make this as a codicil to my last will & testament
dated 12 Dec. 1840 I will & desire that the negro woman Darcus, after
the death of my wife Rachael, shall be under the care & protection
of the children of my son James B. Boyd and my son Robert Boyd & I
do hereby desire & enjoin them in consideration of the faithfulness
in which the said Darcus has served me & my family, to suffer &
permit her to live on some part of the land given to my son Robert Boyd
& to
enjoy the benefits
of her own labor as a free woman uninterrepted[sic] by him the said Robert
or any other person, further to protect her from aggression of others.
This 24 April
1846.. Wit; George Deboard & J.M. Lowery, Juret..
Signed James
Boyd..
Proved in open
court by the oath of J.M. Lowery in the Jan. Term 1853. James Boyd
was deceased at the proving of this codicil, R.B. Vance"
ALOB,
Vol. X #6, p. 89-55:
"p. 157.
26 Aug. 1852.. I, Jane Reed,
being weak & feeble in body but of a perfect mind & memory.
First I desire that my exectors to pay & satify[sic] all my just debts.
I give unto James Reed all my personal property consisting of three head
of cattle, all my sheep, one hog and all my beding[sic], household &
kitchen furniture with my wearing apparel, with the exception of one small
dresser and one Bible & hymnal book to Hannah Reed, also James Reed
to have the further property, one loom, one side saddle & one watch,
with all the apparatus belonging to the loom.
I appoint Lawson
A. Lanning as my sole executor.
Wit: E.
Reed & James Ownbey..
Signed Jane X
Reed..
Proved in open
court by the oath of James Ownbey this Jan. term 1853 & ordered recorded.."
ALOB, Vol. X #6,
p. 89-55:
"p. 158.
8 March 1816.. I, Thomas
Pitmon, cooper, being very sick & weak
of body, but of perfect mind & memory. In the first place, I
leave the whole of my estate in the hands of my beloved wife Dicy to stenghten[sic]
and assist her in raising the family. In the next place I appoint
Robert Rea, Samuel Davidson & Samuel Wilson to value my estate &
then leave it in the hands of my executrix for the use & support of
the family. Then a record made of the valuation of the property &
each child to have their equal share when of full age. In the next
place
I appoint my
beloved wife Dicy as executrix. I, in the next place, appoint Joseph
Rice to see that the contents of this will be justly executed & to
take into his possession till lawfull called for.
Wit: James Alexander
& Robert Rea, juret..
Signed Thomas
X Pitmon.
(On the back
of said will April Session 1816) The last will of Thomas Pitmon,
decd. was proved in open court by the oath of Robert Rea. Signed
by John Miller, clk.. Robert Hamilton, d. clk.."
ALOB, Vol. X #6,
p. 89-55:
"p. 159.
16 Oct. 1852.. I, Thomas
L. Gaston, being in declining state of health,
but of sound & disposing mind & memory. I will to my beloved
wife Margaret E. Gaston my silver watch, bed and necessary furniture thereof,
my buggy & harness, the umbrella belonging to it and the mule which
I usually drive called "Sugar" one bureau her choice, a traveling trunk
her choice of what I have. I will & direct that all the balance
of my property both real & personal to be sold by my executor on a
credit of two or three years from the date of the sale. I desire
that my beloved wife Margaret E. Gaston to be paid by my executor within
one month of my decease the sum of $37.50 if that much is on hand, if not
when collected, during her natural life or widowhood. The remainder
of my property or money I may have to pay my just debts and divided among
my two sons Josiah P. & Parley C. Gaston. Parley C. to receive
the most being $225, I having advanced that sum to Josiah P. when he started
to California & wish him charged with that sum & interest.
I appoint Joshua
Roberts Esq. sole executor.
Wit: William
Williams & J.R.S. Gillam..
Signed Thomas
L. Gaston..."
ALOB, Vol. X #6,
pp. 89-55 & 89-56:
"p. 160.
11 Jan. 1854.. I, John
Case, do make this as my last will & testament.
First I give my soul to God who gaveth to my body. I will all my
property both real & personal to my wife Susan Hannely Case during
her natural life & at her death the land to go to my son Hannely Case
in case he takes care of my dtr. Enaltin Case as long as she may live,
in case he fails to do so, the property to go to my executor, except two
tracts of land joining Allen R. Case & Samuel Merrell & Bakers
line then West with Murry's other line, containing 50 acres more or less
also Allen Case to pay a debt I owe to Robert Twitty also one to Samuel
Murrell containing 20 acres more or less which Samuel Merrell to have if
he pay a debt which I owe to the Bank in Asheville.
I appoint William
Case Executor.
Wit; William
Duakes? & Wm. R. Lance..
Signed..
John Case..."
ALOB, Vol. X #6,
p. 89-56:
"p. 161.
17 May 1853.. I, Sarah
Young, residing on the waters of North Hominy
Creek. Being of sound mind & memory but of feeble health.
First I desire that my body be buried by the side of my husband Thomas
Young, in a plain & decent manner & the expenses to be paid from
my estate. I will to my son Tinsly one dollar, I will to my son Pleasant
one dollar, I will to my son Joseph one dollar, I will to my beloved dtr.
Mary the wife Henry Young one dollar, to be paid out of my personal estate
within twelve months after my death. I will to my beloved dtr. Margaret
Young the land on which I now live, it being the land allotted to me by
my decd. husband, also to the said Margaret Young all my bed & furniture,
wearing apparel, cupboard & kitchen furniture with all other furniture.
Also all tools, cattle, hogs, sheep and all other property of every description,
after my decease and just debts are paid.
I appoint James
B. Gudger as my executor.
Wit: Benjamin
J.Curtis, Juret & Margaret Neal..
Signed Sarah
X Young..."
ALOB, Vol. X #6,
p. 89-56:
"p. 162.
27 Oct. 1854.. I, William
H. Garmon, do make this as my last will &
testament. First I desire that my just debts and funeral expenses
be first paid by my executors. I give to my beloved wife Dovy Garmon
all my growing crops also all stock of cattle, hogs and sheep and horses.
I desire that my executor to sell some of the stock to pay my said debts.
I give to my beloved wife D.G. my two negro men named Comadore & Ben.
I give to my eldest dtr. Jane Elizabeth my negro girl Mary & my negro
boy Riley to be at my wife's disposal. I give to my youngest dtr.
Anna Louisa my negro girl named Adeline & my negro boy named Sam at
the discretion of my beloved wife. I will and request that the suit
now in court between myself and Russell Jones should be presented by N.W.
Woodfin & W.W. Avery until it is terminated. If I give the land
or lands to be sold by Mr. W.W. Woodfin and pay the fees out of the proceeds
& the remainder should go to my beloved wife and children. I
desire that my wife should have my negro girl named Harriett. I give
to my wife her life time dower in my lands during natural life & the
remaining to be given to my two children. I appoint Charles Patton
as executor. I give to my beloved wife all my household and kitchen
furniture.
Wit: M.L.
Neilson & William M. Clark.
Signed William
H. Garmon.."
P.215. 22 March
1861..
I, James
Patten, of Asheville do make this as my last
will & testament.. I give & bequeath to my wife Henriette Kerr
Patton the following tract of land, one on the East side of Main Street.
Beginning at the South West corner of Main St. and Tanyard Street South
of the hotel, then along Main Street to T. W. Atkins lot then East &
South with Atkins line to Dr. Tennent line & with Dr. J. P. E.
Hardy's line bought from G. B. Tennent then with his line to top of the
mountain then along the summit to the low gap where the road crosses from
Asheville to Swannanoa and to S. Lee, Esq. then West to the branch to E.
Clayton line then South & West crossing the branch to my son James
A. Patton line then his line to the Tanyard Street & to the beginning.
On which is the mansion house where we now live during her natural life.
Except five acres & ninety rods including the tanyard being conveyed
to my son William A. Patton in 1861. Also the tract of land on French Broad
River adjoining N. Woodfin on the North & the land bought from Est
of James E. Smith & E. Cunningham on the South then on the road from
James Cowans & passing the new brick academy & on to the river.
I also give her all the furniture in the house & kitchen, stable, &
other out buildings, a pair of the best carriage horses, best carriage
(A LOT OF
BUNKUM Vol. XI, No. 5 May 1990 Page 90-43)
and harness,
four mules first choice, one four horse waggon & gear, one two horse
wagon & gear compleat, one cart harness, six milch cows supplies for
one year, one good set of blacksmith tools & one furnice. Also one
thousand dollars Bank of Cape Fear stock which certificate she now has
and $5,000 bond on the town of Jacksonville, Florida.. Also the following
negroes viz: Isaac, Henry, Abram, Sam, Harrison, Ruffin, Isham, Coleman,
John Johnston, Albert McKesson, James Charleston, John Charleston, John
& Nelson, Elevin. Males, Jenney Henry, Menerva & her three chn.
George- anna, Sarah & Jane Bell, Eliza, Charlotte, & Margaret now
in Charleston, also a child of Margaret name not known.. I give to my son
James Alfred Patton in addition to what he has already received in lands
& other things, amounting to $17,332.68 as my book will show, in which
is the hotel & lands on the mountain as a deed dated 9 Nov.1860. Also
all that lot on Main Street including the brick stables & corn cribs,
South of Henry Stephens's lot & Patton Street, East of the Episcopal
Church lot & North of a new street West & South of the cribs (not
the shed added by J. M. Blair) also an undivided half interest in the tract
of land on West side of Buncombe Turnpike Road & North of Mrs. Vance's
lot, also joining land's of N. W. Woodfin and D. H. Jarrett land, to have
& hold for- ever in fee simple. Also the following negroes viz: Sam
Cope Sent., Allen, Marcus, Felix, Enoch, Alexander, Mitchell, Jim Cope,
Isaac Weaver, Reubin, Bill Morgan, Emaluel, Mear, Noah & old Peet.
Rhoda, Celia, Sally & her dtr. Evaline.. I give to my son William Augustus
Patton the house & lot on the West side of Main Street where he now
lives, the tract of land lying East of the Warm Springs Road & West
of Beaver Dam Road & W. Murdock, passing B. H. Merriman & others
& South of A. T. Spears & N.W. Woodfin containing about 93 acres,
also the Tanyard tract of 5 acres & 90 rods, being the three tracts
I conveyed to him on the 1 Jan. 1861. Also the lot South of the one on
which he resides, West Main Street, North Church Street & East grave
yard fence and presbyterian Church including the brick store & bakery.
Also a tract of land containing 10 acres with street in centre East of
College Street & North of Coggins & Orr's brick yard & West
of White Pine Street & South of S. Chunn old tract. Also lot #18 bounded
by J. S. Smith's lot on the South, old Haywood Street on the West, New
Street on the North & Baird Street on the East containing 3½
acres. Also one half interest in the land on the West side of Buncombe
Turnpike Road & North of Mrs. Vance's. containing about 118 acres.
Also the following negroes viz: Mathew Cope, Solomon, Adam Orr, Joshua,
Jack, Campbell, Spencer, Joe, Jesse, Newell, Sandy, Frank, Charles, Paul,
Bob Twitty, Hannah, Lucinda, Matilda, Jenny, Sophy, Silvia, Mira &
Ben... I give & devise to my son Thomas W. Patton a lot in Asheville,
West of Main Street & bound by Sullivan's lot, North by Dr. Hilliard's
lot & South by lot #10 to include. the spring & to contain 2 acres
Also an undivided half interest in the remainder of 200 acres, begining
on the South West corner of the land given to my son James A. and joining
lands of W. A. Patton & N. W. Woodfin then with his line to the corner
to French Broad River then up the river to W. Welch tract then East to
the land bought from J. M. Smith heirs, then East to J. Cowan's lot near
the new Academy thence with N. W. Woodfin & others to include all in
an exchange of land with N.W.Woodson, the same being given to his mother
for life. Also one half interest in a tract of land of i200 acres
lying in Lowndes County, Alabama being all the land I own in that County
and the following negroes in Alabama viz: Andrew, Charles, Winter, Parrott,
Patty & three
chn. Tom, Zachery, Taylor, John, Henrretta, Mary &
child,
also half interest with M. J. Fagg in the following negroes viz: Andrew
Jackson Ray, Samuel Rice, Henry Ben Robertson, Bob (carpenter), Susan &
six chn. Jack, Mary, Eliza & child. Also one undivided half of all
chattle property on the premises belonging jointly to me & M. J. Fagg
also the following negroes not in Alabama viz: Isaac, Mull, William Harvy,
Sam Cope, Rachel, Margaret & Emma... I give & devise unto
my dtr. Frances S. Patton a lot in Asheville on the West side of
Main Street on which the brick stable stands, East of Church Street &
Sullivan lot & North of the plank fence separating the lot above Dr.
Hillard containing about one acre, also the other half interest remainderof
lot #15 containing 200 acres, the. other half devised unto my son Thomas,
with a life estate to his mother. Also a tract lying South of Mountain
Street & West of road to the topi of mountain then West & with
the branch to E. Clayton line & North with his line & J. W. Wilson
line to Mountain Street containing about 45 acres. Also the remaining half
in the tract of land including the (?) mansion house & appurtenances
which is given & devised to her mother for life. I give & bequeath
to my dtr. the following negroes viz: Joe, Walter, top, Jim Gaston, Woodville,
Alfred, Wilson, Tom Weaver, Manson, John McDowell, August, Maria, Betsey,
Mary, Rose Wilson. & Fanny. Also one new piano, education & clothing
until twenty-one years old. a good saddle horse, saddle & bridle worth
$200... All the rest of my estate, real, personal or mixed. I will devise
& bequeath to my executors hereinafter named in trust to
be sold at public or private sale as they may judge best and to collect
all debts due to me and to pay all debts owed by me and the surplus to
be equally divided between my wife and children. I direct my executors
to keep my estate together & not hand over any of the devises or legacies
until my existing rail road contract in Tennessee & North Carolina
are completed and they comply with my part of these contracts as I undertook
to do, and I hereby give them ample power and discrition to that end &
even to consummate in writing the contract with the N. Western R. R. Company
according to the written proposition made for myself & J. E. Patton
& I especially request that my son William A. Patton who has been representing
me in prosecuting the work on the said R. R. contracts will continue to
do so & that he be fully compensated there for. The unsettled copartnership
& other business between my brother J. E. Patton & myself my executors
may defer until the two unfinished R.R. contracts are completed in making
the estate settlement..
I appoint my
sons James, William & Thomas Patton & James W. Patton & N.
W. Woodfin as executors.
Wit; J. R. Osborn
& J. M. Blair.
Signed James
W. Patton
ALOB, Vol. X #7,
p. 89-67:
"p. 164.
22 March 1851.. I, Robert
Williamson, being of sound mind and memory.
I desire that all my just debts and funeral expenses be paid from my estate.
I give to my beloved wife Elizabeth Williamson all my estate both real
& personal, consisting of land, negroes, horses, cattle & other
stock, farming tools, carpenter tools household & kitchen furniture
with all my notes & accounts to her and her heirs forever and I empower[sic]
her to dispose of any or all of said property by will or deed or any other
manner as she may think best after my death subject however to the following
exception only. I give unto Elizabeth Brank my negro woman named
Matilda to have & to hold forever after the death of my beloved wife.
I desire that my negro George at my wife's death if not disposed of before
or during her life shall be permitted to choose his own master.
I appoint my
trusty friend John M. Brank & Marcus Erwin both of Buncombe County
as my sole executors to carry out this my last will.
Wit: J.M.
Penland & James McFee..
Signed Robert
X Williamson...."
ALOB, Vol. X #7,
p. 89-67:
"p. 165.
25 Feb. 1853.. I, James
Morgan, residing on the Reedy Branch of South
Hominy Creek & being of sound mind and memory & that death is certain,
I do make this as my last will. I give and bequeath in the following
manner. First I desire that my executor and family bury me in a plain
& decent manner by the side of my wife in what is now called the Miller
Grave Yard & my executor pay all my lawful debts that I may owe at
my decease from the money on hand. I will & desire that my three
youngest sons & one dtr. that is Elijah Morgan, Stephen Morgan &
John Gane Morgan and Polly Morgan their sister all the land that I now
posses or may have at my decease to be equally divided among them, that
is my three sons & my daughter. Also I desire that my farming
tools be divided amongst my three sons at my decease. "I desire that
my little granddaughter Martha Morgan dtr. of Maris G. Morgan that I received
from a child to hold an equal in the personal estate at my decease with
my little property that her grandmother left her at her death." I
will & desire that the rest of my personal property that has not been
mentioned in this will to go to the children before mentioned, such as
cattle, horses, hogs & sheep with the other property to be equally
divided.
I appoint my
sons Elijah & Stephens Morgan as my executors.
Wit: E.
Morgan, S.D. Clark & P.D. Morgan.
Signed James
Morgan...."
ALOB, Vol. X #7,
p. 89-67:
"p. 166.
25 Aug. 1855.. I, John
Sluder, being sick & afflicted in body,
but of sound & disposing mind and memory, do make this as my last will
& testament. I desire that all my just debts be paid by my executorix[sic].
I appoint my beloved wife Priscilla Sluder as my executrix. After
my just debts are paid, I give to my wife Priscilla Sluder during her natural
life all my real & personal property and after her death the remaining
property to be equally divided amongst my children..
Wit: Peter
Plemmons & T.W. Ballew..
(Not signed).
ALOB, Vol. X #7,
pp. 89-67 & 89-68:
"p. 166.
3 May 1852.. I, John
Penland, being of sound mind & memory,
do make this as my last will & testament. I desire that the land
whereon I now live containing some 377 acres to be divided between my sons
Charles D. & George Newton Penland as follows. Begining[sic]
on the line between me & J.R. Jones where it crosses the road leading
to Thomas Moore's Creek & to my stable, then to my Spring branch and
ten steps above, then a direct line to Hutsell Spring Branch to Hominy
Creek, then down said creek to my lower line, now all the land South &
West to be Charles' & the land on the East & North to belong George
after the death of their mother. I will to my beloved wife all my
property both real & personal during her natural life. My will
also that my son William Penland shall have the tract of land whereon he
now lives being the same that was deeded in trust for me. My will
is that my son Abraham to have a negro girl named Caroline dtr. of Ruth.
My will is also that my son William Penland shall have my negro Ruth.
I will to my son Charles D. Penland my negro boy named Riley. I will
that my son John H. Penland two negroes Sarah & William chn. of Ruth.
I will that James Cathey's three children $25 each to be paid at the death
of my wife. My will & desire is that all the rest of my estate
not mentioned in this will to be sold & divided equally between my
children after the death of my beloved wife.
I appoint my
sons John H. and G.N. Penland to be executors.
Wit: Charles
Moore & G.W. Candler..
Signed..
John Penland.."
ALOB, Vol. X #7,
p. 89-67:
"p. 167.
23 May 1854.. I, Joseph
Carver, being of sound mind & memory but
being advanced in age do make this as my last will & testament.
I will & bequeath to my beloved wife Christena all my household &
kitchen furniture except one bureau which belongs to my daughter Sarah,
one horse, fifteen head of sheep, fifteen head of hogs, three head of cattle
& all moveable effects during her natural life & at her death to
be equally divided among her children. I desire that my son Jacob
to take my land I bought on Little Sandy Mush & pay for it and live
on the same and maintain my wife Christena and all the family that is unmarried
until they see fit to leave or come of age.
Wit; James Lowrey
& A.C. Robeson..
Signed Joseph
X Carver..
Court of Pleas
& Quarter sessions Jan. term 1857. The execution of this
will was duly proven in open court by the oath of James Lowrey & ordered
to be recorded.. See Minutes 9 Jan. 1855. R.B. Vance... Clk.."
ALOB, Vol. X #7,
p. 89-68:
"p. 168.
3 June 1854.. I, Ann
Patton, being of sound mind & memory.
First I will & bequeath to my grandson John D. Patton two negroes Augustus
about 25 years of age and Frank about 17 years of age. I will &
bequeath that all the balance of the property which I may have at my death
be sold by my executors, and the proceeds after paying my just debts &
funeral charges to be divided unto twelve equal parts and be given to the
children or their heirs. One part to my dtr. Hannah Lowrey..
One part to the chn. of my dtr. Elizabeth Jarrett, decd. One part
to the chn. of Mallory G. Patton, decd. One part to the chn. of my
dtr. Sarah Jarrett, decd. One part to the chn. of my dtr. Polly Smith,
decd. One part to the chn. of my dtr. Harriet D. Siler and one part
for my son Robert H. Patton. One part to the chn. of my son Fidelis
Patton decd. One part to my dtr. Lucinda Roberts. One part
to my son Lorenzo D. Patton. One part to my son Montraville Patton
and the other part to the chn. of my dtr. Ann A. Weaver, decd. Should
any of my children now living should die during my life time, their chn.
to take their part except my son Lorenzo D. Patton should he die during
my life, I desire that his son John D. Patton take nothing more than which
I gave him in item #1..
I appoint Joshua
Roberts & Monteville Patton as executors.
Wit: G.W.
Wilson & W.F. Roberts.
Signed Ann X
Patton..
Court of Pleas
& Quarter sessions Oct. term 1855. Proved by the oath of
G.W. Wilson in open court see[sic], minutes of Fall Term 1855. R.B.
Vance, clk..."
ALOB, Vol. X #8,
p. 89-75:
"p. 169.
16 Jan. 1854.. Andrew
Rhodes, This my last will & testament.
I will to my beloved wife Nancy all my land also my personal property during
her life time after my just debts are paid and then to go to my grandsons
William B. Rhodes & Harry Rhodes & my daughter Susan to have the
use of it so long as she lives single. All my notes & money if
any, this day & date above written wherever at..
Wit; Bedford
Sherrell & Robert Cooper..
Andrew X. Rhodes..
Court of Please[sic]
& Quarters Sessions Jan. Term 1856.. Proved in open court by
the oath of Bedford Sherrell, See minutes of Jan. 1856.. R.B. Vance, clk.."
ALOB, Vol. X #8,
p. 89-75:
"p. 170.
21 Aug. 1855.. I, John
Fortune, being of sound mind & memory
do make this as my last will & testament. I desire that my just
debts & funeral charges be paid out of the first money that come into
his hands. I give & devise to my beloved brother Fletcher Fortune
all my estate & effects of every discription be it land or tenements,
good or effects, notes or money or any other property I may have at my
decease after paying the above.
I appoint my
friend & brother as executor.
Wit: A.
Burgin & Thomas C. Lambert..
Sgn. John Fortune..
Proved in open
court by the oath of Albert Burgin in the Jan. term 1856. See minutes
of Jan. term 1856.. R.B. Vance, clk..."
ALOB, Vol. X #8,
p. 89-75:
"p. 170.
16 Oct. 1855.. I, John
M. Owens, being in extreme pain & approaching
an early departure from this life, I do make this my last will & testament.
I give & devise to my dear wife Elizabeth Ann all of my property and
estate both real & personal & mixed after the payment of my just
debts and I appoint John W. Woodfin as my sole executor with full power
to sell & convey as he may think best, at public or private sale.
The proceeds to first pay my debts that I hold jointly with my partner
Mr. Spears and to settle with him and close my business according to his
judgment. Any property that is left, I desire to be given to my wife
& to be at her disposal.
Wit: B.M.
Edney & W.H. Murdock..
Signed John M.
Owens..
Proved by the
oath of W.H. Murdock in open court Jan. term 1856. See minutes 1856.
R.B. Vance.."
ALOB, Vol. X #10,
p. 89-96:
"p. 181.
22 Feb. 1842.. I, William
Anderson, being in good health and of a sound
mind & memory. I give to my beloved wife Martha all my household
& kitchen furniture with one year provision for herself and for each
child that may be with her including the dwelling house, orchard with the
spring lying between the meeting house and Big Ivy, with all my stock &
poultry during her natural life & at her death to be sold & divided.
I also desire that she should have the rent & profits from my farm
that is on the South side of Big Ivy known as John Roberts place with the
spring and timber for her support and confort[sic] from any of my lands..
I desire that my stock of horses, cattle, hogs & sheep to be sold after
my death & the proceeds put out on interest diring[sic] my wife life
time & she have the interest for her use & disposal.. I give
to my son Albert G. Anderson the following tracts of land, one tract from
George W. Anderson to me containing 100 acres, & a tract from the same
to me for 69 acres and one from Garrett Deweese to me for 75 acres after
his mother's death by his paying to the rest of my children $1,000 to be
equally divided amongst rest. After the death of my beloved wife
I desire that the money from the stock sale and the one thousand dollars
paid by my son A.G. Anderson to be equally divided amongst my eight daughters
viz: Stacy Deweese, Polly Dillingham, Nancy Gardner, Dorcas Wilson, Sally
Ramsey, Martha, Susan & Catherine Eliza Anderson.. Also the property
left in my wife's possession to be sold and the money equally divided among
my named dtrs.. I desire that my son A.G. Anderson have possession
& title to the first two tracts of land after my death and after her
death the house & lot after paying the estate the sum of $1,000..
I appoint my
son Albert G. Anderson and N. Gardner as my executors..
Wit: N.
Blackstock & Jos. Barnard..
Signed William
Anderson..
Proved in open
court by the oath of N. Blackstock & Joseph Barnard in July & Oct.
term 1856.. Court of Please & Quarter Sessions Oct. term 1857.
R.B. Vance, clk.."
ALOB, Vol. X #10,
p. 89-96:
"p. 182.
9 June 1856.. I,William
Wasson, being of sound and memory do make
this as my last will & testament in manner & form. I give
to my beloved wife Rebecca Wasson & my daughter Elizabeth T. Merrell
wife of David Merrell equally, after paying all my just debts & funeral
expenses all the money & cash notes oweing[sic] & due to me to
be divided between my said wife & daughter. I give to my beloved
wife my negroes, Jude and Bazzel also a girl named Celia & a boy named
Samuel for her use & benefit during her natural life & at her death
to be the property of my dtr. Elizabeth T. Merrell, in case my wife should
marry again the said negroes to belong to my dtr. Elizabeth Merrell.
I give to my said dtr. negroes Hariet & George both are now living
with David & E.T. Merrell also my two small children of Jude to belong
to my dtr. Elizabeth Merrell. I give to my beloved dtr. Elizabeth
the four lots & the two fractions lots that I possesse[sic] in Henderson
County & in the town of Hendersonville, all the property both real
& personal to belong to my said dtr. during her natural life &
then to her heirs forever, but in case she does not have bodly[sic] heirs,
then the property to be equally divided among her fathers heirs at law..
I give to my beloved wife all other property both real & personal after
my death, including my house place where I now live with all land &
tenements in my possession during her natural life or widowhood.
I appoint my
brother Henry Wasson as my executor.
Wit:
Michael Sheral & W.J. Brown..
Signed William
Wasson..
Proved in open
court by the oath of W.J. Brown in the Oct. term 1856.. R.B. Vance,
clk..."
ALOB, Vol. X #10,
p. 89-97:
"p. 184.
21 Oct. 1854.. I, James
Lowrey, in the seventy second year of my age
but in good health & of sound & disposing mind and memory.
I desire that my just debts & funeral expenses to be paid. As
I have made some advancement to my children as equal as I can as they come
to mature age or marriage. To each of my sons David R. & James
M. Lowrey I give a negro boy & a good horse to each and to my daughters
I give as they marry a negro girl & a horse, bridle & saddle &
the usual amount of household furniture & stock, all these advancements
I now confirm & as my dtr. Lourena remain single & in order to
make her equal with the others, I give her my negro girl Violet & her
increase and I direct that she shall have one room in my dwelling house
with furniture & that my son James M. Lowrey shall furnish her with
suitable provision & clothing so long as she remains single and at
her marriage she shall receive from my estate a good horse, bridle &
saddle, two cows a bureau & other household furniture to make her equal
with the others. Having conveyed to my son James M. Lowrey the upper
or mill tract of land & having an agreement made between James M. &
my son David R. whereby James M. shall pay unto my son David R. $2,000.
I will & devise unto James M. the homestead plantation whereon I now
live with all the real estate I may own at my decease and after his mothers
Hannah death. I give to my beloved wife Hannah Lowrey during her
natural life the homestead & the farm & all real estate I may die
seized of at my death, except the provision made to my dtr. Lourena. I
also give to my said wife Hannah two horses, four cows & calves, ten
head of sheep, & hogs, farming tools, household & kitchen furniture..
The remainder of my property to be sold and the proceeds equally divided
among my six dtrs. Margarett Roberts, Elizabeth Gudger, Matilda Gray, Harriet
Dickey, Cyntha L. Patton & Lourena P. Lowrey. I desire that my
negroes viz: Jef, Isham, Miley, Jess, Dillard, Alfred, John, Henry,
Ben, Maln, Jiney, Eliza, Carolina, Altha & Sarah to be held & used
by my wife & on James M. during my wife life time & after her death
to be equally divided among my six daughters. My dtr. Caroline Cummings
after having been equally advanced with my others dtrs. died leaving four
children two sons & two daughters the expense of raising & educating
fell on me & they continued to be members of my family until they married
& then received an equal advancement with my daughters so far has been
beds & household furniture & stock. Therefor[sic] I give
to my grand dtr. Jane Taber & Harriet Robeson enough to make their
mother share equal to the amount my others dtrs. have or will receive.
I desire that my son David R. pay unto Jane Tober the sum of $200; likewise,
I desire that my son James M. pay unto Harriet Robeson the same sum within
twelve months after my death. At the time of my wife's death, the
property she may have with her is to be surrendered to my executors for
a division.
I appoint my
son-in-law Samuel Gudger as my executor.
Wit: Joshua
Roberts & Jacob C. Robeson..
Signed James
Lowrey..
Proved in open
court by the oath of Joshua Roberts this Jan. term 1857. R.B. Vance,
clk..."
ALOB, Vol. XI
#3, p. 90-23:
"p. 202.
24 Dec. 1849.. I, William
Whitaker, Senr. being aged and infirm but
of perfect mind & memory. First I desire that all my lawfull
debts be paid.. I give to my son Henry the land where I now live
and my saw mill, still & ware and large chain and all that belongs
to the saw mill, my waggon[sic] and I think he ought to pay to my three
other sons Joshua, William and James the sum of twenty four dollars each
in trade within twelve months after my decease, the payment to James only
to made on condition that he apply for the same. I give to my son
Joshua my cross cut saw, my gold seal.. I give to my son William
all that tract of land I bought from N. Blackstock & known as my mountain
land.. I also give to my daughter Sarah one pair of gear for farming
purpose, one plow and work beast if I have one at my death also loom &
harness and such article as belonging also my clock and cubboard[sic] and
flaxwheel also my household & kitchen furniture.. I give to my
daughters Sarah, Martha, Margaret and Mary eight dollars worth of corn,
which is allotted to them.. To my grandson Columbus one hoe &
mattock and to my grandson Henry I give one mattock & my axe &
hoe and to the black boy Burton that lives with me, I give him his axe,
hoe & mattock.. The remainder of my tools to be divided among
my chn.
I appoint my
sons Joshua and Henry Whitaker as executors.
Wit: E.
Reed & John Lanning, juret..
Signed William
Whitaker..
(CODICIL) 24 Jan.
1854. Having made my will on the 24 Dec. 1849, circumstances has
changed & I do make this as my a codicil to my last will. I therefore
will & direct that the same 40 acres of land whereon I now live purchased
from David Vance & James Hall as agents (described) joining Joshua
Whitaker, Senr. line, which was bequeath to my son Henry, but now, I bequeath
the same 40 acres to my dtr. Sarah (as I am in my old age & afflictions
at her entire truble[sic] and expense) also for my dtr. Sarah to have a
beast, I have already given her one. I also revoke the clouse[sic]
where Henry to pay his three brothers the sum of $24. I also revoke
the clouse[sic] where I gave my son William the land bought from Blackstock,
I now will the same to my three sons Joshua, William & Henry to be
divided between them.
Wit; E. Reed
& Jno. Lanning, juret..
Signed Wm. Whitaker..
Proved by the
oath of John Lanning & E. Reed.. J.G. Weaver, clk.."
ALOB, Vol. XI
#4, p. 90-33:
"p. 210.
14 April 1860.. I, William
W. Killian, reflecting on the shortness of
life and certainty of death and being somewhat disordered in body but sound
in mind.. I will & desire and bequeath to my beloved wife Emily
that portion of my land allowed by law and the residue to go to the benefit
of my four childrens viz: Daniel A. Killian, Julia Killian, Charles
McKay Killian and Catharine Josapine Killian and the part allotted my wife
is to be hers during her natural life or widowhood.. I will &
desire my household & kitchen furniture remain with the family during
her natural life or widowhood & then to be divided among my children..
I desire that all my stock & income of the farm and mill go the payment
of my debts and what money that is owed to me and so much of my stock &
crop to be sold for that purpose.
I appoint my
friend Charles Moore executor.
Wit: Joseph
Killian and Solomon Wolf both juret..
Signed Wm. W.
Killian..
Proved in open
Court by the oath of Solomon Wolf in the July term 1860. Signed J.T.
Weaver, clk..."
ALOB, Vol. XI
#4, p. 90-33:
"p. 211.
26 Oct. 1856.. I, William
Whitaker, being of sound mind & memory.
First I desire that my executors to pay all my just debts and furneral
charges from the first money that come to their hands.. I give &
devise unto my beloved wife Susanna 50 acres of land laid out so as to
include all my buildings and stock, cattle and horses my two sons William
and Noah to have the care of them, and for her support all my household
& kitchen furniture during her widowhood or natural life and then all
but the land and farming tools to be sold & the proceeds equally divided
between Jane & Dier and William as for Billinda McRasy, Elizabeth Clarke,
Emily Sorrels, Mary Sorrels I think they have their share in my estate..
I also give to my second son Lot a tract of land including the improvements
known as the Posey Old place and joining L.C. Clayton line.. I also
give to my third son Jesse all the tract of land where he now lives, joinings
Sally Jinkens line.. I also give to my two youngest sons William
& Noah all the rest of my land whereon I now live & my tools after
the death of my beloved wife. I desire that my four sons take all
the care they can of their eldest brother Ambros as he is insane..
As to Susanna and Sargam I wish to help them, I give them ten dollars each
& if I fail to do so, I wish it to be taken from William and Noah share..
I appoint my
two sons William and Noah as executors.
Wit: John Lanning
& Joseph Lanning both jurets..
Signed William
X Whitaker..
CODICIL..
Made 6 March 1859.. I, William Whitaker do make this codicil as part
of my will dated 26 Oct. 1856 as circumstance has changed I do hereby wish
& desire that the 50 acres of land willed to my son Jesse now to be
the property of his heirs in fee simple forever and that my son Jesse wife
Manera be allowed to culivate[sic] and live on the same during her widowhood
or lifetime..
Wit; John Lanning
& Joseph Lanning both juret.. Proved in open
court July term
1860 by John & Joseph Lanning.. J.T. Weaver, clk..."
ALOB, Vol. XI
#4, p. 90-34:
"p. 213.
28 Dec. 1859.. I, John
B. Whitesides, do make this as my last will
and testament. First I desire that all my just debts be paid &
the residue of my estate both real & personal I give as follows..
I give & bequeath to my beloved wife Cathaline M. the plantation whereon
I now live during her natural life for the support of herself and such
of the children that may remain with her in lieu of dower, being all the
perishable property on said plantation at my death, also I desire that
no inventory or sale be made except at the descretion[sic] of my beloved
wife.. At the death of my wife I give, devise and bequeath all the
plantation with rights, interest or claims to our seven sons viz:
Henry Clay, James Hardy, Charles Lincoln, Frank Patton, Simpson Jarrett,
William Ratcliff and John Bowan Whitesides to share & share alike..
In case my wife should contract a second marriage the husband shall be
restrained from cutting & selling timber, clearing land and selling
fire wood & all improper use of said plantation. I will &
desire that my son Henry C. the right to build for himself a small house
& out houses as he may need near the rock spring at the head of the
mill dam.. I also desire that the rent from the lots in Asheville
to be used for the support of my wife and family.. To my son-in-law
Sampson Reid of Blairsville, Sampson County, Ga. my two old negroes Dick
& Sarah, also one fourth part of the two lots in Asheville in trust
for the exclusinve benefit of S. Richardson & her children..
The remaining three fourths I give unto my other three dtrs. (Nancy) C.M.
Reid, wife of S. Reid of Blairsville, Ga., C.E. King wife of W.R. King
of Hill County state of Texas and M.E. Ratcliff wife of J.T. Ratcliff living
in the last named County & State, to go to the possession on the first
day of March 1862.. The said negroes Dick & Sarah to go in possession
of my dtr. E.S. Richardson & her children six months after my death..
I appoint Dr.
James F.E. Hrdy[sic] & A.S. Merrimon as executors.
Wit: W.B.
Reid & J.B. Wolf.
Signed, John
B. Whitesides...
Proved in open
court 12 Oct. 1860..."
ALOB, Vol. XI
#5, p. 90-44:
"p. 218.
28 Dec. 1860.. I, Fanny
Jarrett, being of sound & disposing mind
& memory.. First I give & bequeath to my daughter Polly Alexander
$250.. To my dtr. Nancy Stevens $250.. To my dtr. Manerva E.
Davidson $250.. To my son Newton Foster $250.. $200 to my granddaughter
Mary Ann Foster being part of which I intended for her mother Lucinda Roberts,
for which I have seen proper to give her by the consent of her mother..
All the balance of my property, money and effects that are in my possession
at my death, to be equally divided between my children..
I appoint Henry
Stevens & W.F. Davidson as my executors..
Wit: Jeremiah
West..
Sgn. Fanny Jarrett..
Min. Book B.
P. 501."
ALOB, Vol. XI
#5, pp. 90-44 & 90-53:
"p. 219.
20 Aug. 1862.. I, William
T. Ramsey, being of sound mind & memory.
Do make this as my last will & testament. First I desire that
all my lawful debts be paid.. The residue of my estate both real
& personal I give & bequeath to my lawful wife, being all that
tract of land on which I now live & known as the Jacob Ramsey farm
lying & being in Buncombe County, with all my personal property of
every kind and description which I may be possessed of at my death.
Likewise I do
make and appoint J.R. Buckner my lawful executor..
Wits; W.R. Roberts
& John Ball..
Signed W.T. Ramsey.."
ALOB, Vol. XI
#6, p. 90-53:
"p. 219.
15 Aug 1860.. I, Abel
Harriss of Buncombe Co. being of sound mind
& memory.. First after my death my body to be decently buried
and all my funeral expenses also all my just debts paid.. I will
my dtr. Paggy[sic] Ashworth my negro named Boy Sampson, and to my son Wesley
Harriss my boy Ellick, and to my dtr. Ann E. Davidson my boy Lewis to and
their heirs forever.. I give to my dtr. Susan S. Brevarde all that
tract of land I bought from J.W. Harris lying on Swannanoa River to her
& her heirs forever.. I will to my two youngest sons named Abel
F. Harris and Thomas L. Harris all my home place & all the land joining,
encluding[sic] the land I bought from N. Foster, to be equally divided
between them.. Lastly I give to my wife Elizabeth Harris my negro
woman Nancy, with the use of the house to live in during her life and be
supported by my last two named sons and if they do not comply she to have
as much land laid off to her for her support from the plantation, I also
give her a cow & calf as she may choose, one bed and bedding, the cupboard
& kitchen furniture.. I want all the rest of the property to
be sold & equally divided amongst my heirs..
I appoint my
friend W.F. Davidson as my executor..
Wit: Wm.
M. Porter & W.H. Porter..
Signed; Abel
X Harris
---- CODICIL----
I, Abel Harrie[sis], do this 8th day of April 1863 do make this as a codicil
to my last will & testament previously made & hereto attached.
As my son Abel F. Harris has died after I made my last will & leaving
no heirs, I wish my executor to sell all the land that would have been
allotted to him to the highest bidder on a credit of one or two years &
the proceeds equally divided amongest all my heirs to share & share
alike.. I also desire that my wife Elizabeth Harris to have a certain man
known as Frank Ware, and should said Ware die before I do, she to have
another of equal value from the estate.. I also will to my wife one
bed and its necessary furniture.
Wit: John
Burgin & James P. Wilson..
Sgn. Abel X Harris."
ALOB, Vol. XI
#6, pp. 90-53 & 90-54:
"p.
221. 13 March 1863.. Camp Fisher, N.C.
Dear Brother
I presume the ball is in motion, I was up all night moving about to fix
up to give the enemy the best I could fix up for him. At 5 o'clock
we learned positively that the enemy was just below our lowest Battery.
It is now near 8'clock[sic] and the enemy is not yet in sight but we hear
the firing of cannon supposed to be on Creatin Battery. Badly prepared
as we are I see there is not much inclination to surrender or retreat on
the part of our leaders or men. I have just sent off Mira and the
two Captains wives 18 miles in the country where she will be safe I presume.
I want you to do for me the very best you can wheather[sic] living or dead
if the latter I want Mira to have and hold all I possess in my own &
her right during her life remainder to our little neice[sic] Mira but always
subject to my disposition she may want to make of any of our negroes particularly
her own or those her father own did own and their offsprings now or hereafter.
I want no negroes sold except for a fault to be judged of by her or you.
I give you the right to sell all my property to pay my debts or for any
other purpose. I expect both the Miras to be liberal in any event
to all and other relative and especially my several sisters. You
may think from my business way of writing that I am excited. I am
not nor will I be. I am in a hurry because the boy is waiting and
I fear the mail will leave us. The increased roar of cannon since
I began writing warns me too that I must be among our men. My affectionate
regards to all and very especially to our aged parents.
N.W. Woodfin,
Esqr. Asheville, NC.
I am affectionally[sic]
Yours. J.W. Woodfin..
For probate of
above will see Minute Docket Court Pleas & Quarter Sessions.
Nov. Term 1863, page 214.... NOT ABSTRACTED."
ALOB, Vol. XI
#6, p. 90-54:
"p. 222.
15 Dec. 1863.. The last will of Wiley
W. Jones of Buncombe Co. I direst[sic]
my executor and executrix to pay all my debts due and owing from me.
I direct that my wife live upon the home place and keep together my children
and all my personal property whatsoever, including money, right and credits
for the support of herself and the children and to educate my children
in a manner suitable to their condition in life, until my eldest son Charles
Bascomb shall be to the age of twenty-one years of age. But should
he not live to that age a division of the property to take place at the
time had he lived til then. I vest in my executor and executrix full
power & legal title to the home place and all my personal property
of every kind to sell any portion of said property or all of it and turn
the same into other property or cash.. When my son Charles Bascomb
come of age or would have come of age had he lived, I direct that my home
stead place (I mean the place or tract of land whereon I now live on Hominy
Creek and its waters) shall be divided into two equal parts, to be made
by two free holders to be appointed by my executor Robert A. Murry if living,
if not by the County Court of Buncombe County, my wife to have the homestead
tract, with the other half to be sold and proceeds of said sale to be equally
divided among my children.. I direct that the partnership business between
myself & my brother A.H. Jones shall be closed up according to law
and the net profit shall be put in the hands of my executor & executrix
to support and educate my children.. I deem it proper to state here,
that my brother A.H. Jones has paid me, as I hold his note for my part
of the store house in Hendersonville, occupied by us and also for my part
of the tract of land on Mud Creek which we cultivate jointly..
I appoint my
friend and Brother-in-law Robert A. Murry and my
beloved wife
Caroline C. Jones as executor and executrix.
Wit: Charles
Moore, A.B. Jones & A.S. Merroman..
Signed Wiley
W. Jones..
Probate Feb.
Term 1864..."
ALOB, Vol. XI
#6, p. 90-54:
"p. 225..
30 April 1861.. I, James
A. Patton, being about to go with my company
to repel our Northen[sic] enemies and being aware of the many vicissitude
that may attend such a duty desirous of providing for my wife in case I
do not return, do make this as my last will & testament revoking all
others of a date prior to this; I make my brother W.A. Patton or my friend
A.L. Summy executor either or both of them.. It is my wish that all
my debts be paid, selecting for that purpose such property as my executors
may deem best after consulting with my wife, whose wishes if possible I
desire followed out: If there be any excess it is my wish that it
go to my beloved wife Ann E. Patton to reiterate, after my debts are paid,
I will desire & bequeath all the residue of my estate of whatever nature
it may be, wheather[sic] real, personal or mixed to my wife Annie E. Patton
absolutely..
Wit:
J.M. Blair, J.R. Osborn..
Signed James
A. Patton..
Probate June
Term 1864"
ALOB, Vol. XI
#7, p. 90-63:
"p. 225..
3 May 1860.. I, Benjamin
Curtis, of Buncombe County, residing on waters
of South Hominy Creek now in the 74 year of age, but in good health and
of sound mind & memory. I desire my body to be decently intered
at the Pisgah Meeting House 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.. After my
just debts & funeral expenses are paid and as several of my [sic] are
married and have received land and other property as advancement, I will
mention the property and to whom. To my son Madison Curtis land on
South Hominy & a horse, bridle & saddle to the amount of $300..
To my son Benjamin J. Curtis land on North Hominy where he now lives &
a horse & saddle to the amount of $300.. To my son Jackson Curtis
lands on North Hominy, a horse to the amount of $300. To my son John
Curtis a horse and cow worth $75.. To my dtr. Elizabeth A. Davis
wife of Henly Davis one bed & furniture, one cow and other item of
furniture worth $33.. To my son Thomas Curtis one horse & one
heifer worth $85.. To my son Washington now single one horse and
stock hog worth $65.. To my son Joshua a horse & money worth
$175.95 all the above advancement I now confirm.. I will to my daughter-in-law
Aveline Curtis wife of my son Amos Curtis the use & control of the
land where she now lives on North Hominy joining and above Benjamin Curtis
Jr. & below John Smathers until her eldest dtr. Mary A. Curtis &
dtr. of my son Amos arrives at the age of twenty-one years of age, then
the said Aveline Curtis widow of my deceased son Amos Curtis to use &
control and profits of one third part of the said tract of land during
her life time.. I also will & desire to my two grand daughters named
Mary and Martha chn. of my late son Amos Curtis the last mentioned land,
subject to the last provision above named also each to have $10 each..
I also will to my grand children of my son John Curtis $10 each..
I will to my son Jackson Curtis decd. five chn. the sum of $10 each..
I will to my son Joshua Curtis $150.. I will to my son Washing(ton)
Curtis & his heirs forever a part of my homestead tract lying on the
NE side of the creek, (land described) supposed to be 75 acres and worth
$200, I also will to Washington Curtis the sum of $35 to be paid as my
son Joshua Curtis. I will to my son Thomas Curtis a tract of land
containing 100 & lying on Curtis Creek & known as the Gooden Land
on which he now lives, I also give to Thomas the West end of a tract of
land, lying West of the above named tract & west of the Still House
Branch to him & his heirs forever, for a total of 110 acres and worth
about $225.. I will & devise to my beloved wife Delela during
her lifetime, all that tract of land lying on the South side Curtis Creek
& West of James Morgan lands, also a horse, a cow & calf, all my
household and kitchen furniture during her life time, except the family
books, they are to be divided among my wife and children, My daughter is
to have the family Bible.. I will to my two daughters Elizabeth Davis
the wife of Henly Davis and Mary Curtis to them & their heirs forever
all that tract of land I have left to their mother after her death with
all household & kitchen furniture.. I desire that my executor
to sell all other land that I have not heretofore given to my children
with the pershable[sic] property, with the debts due to me and money on
hand to pay my debts & funeral expenses and the residue to be equally
divided among sons, Madison, Benjamin, Washington, Thomas, dtrs. Elizabeth
Davis and Mary Curtis..
I appoint my
sons Benjamin & Thomas Curtis as executors..
Wit: Samuel
B. Gudger & James M. Morgan..
Signed Benjamin
Curtis..."
ALOB,
Vol. XI #7, p. 90-64:
"p. 228..
19 April 1862.. The last will & testament of John
West. Being about to leave home for
the seat of war and having in view the great uncertaioly[sic] of life in
the army, I deem it prudent and just to make such disposition of my estate
in the event of my death as will provide for the support of my wife &
infant children.. Therefor.. I, John West, of the County of
Buncombe, State of North Carolina, do make & publish this my last will
& testament.. I direct that all my just debts shall be paid.
Then I give & devise all my real estate to my wife Sarah Jane for life,
remainder to my heirs at law and I further give to my said wife all my
personal estate including all debts & claims in action, to my said
wife absolutely with a view to her own comfort and enable her to properly
raise and educate my children under age. Lastly, I bequeath to my
dear wife and children the blessing of an affectionate husband and parant[sic].
I appoint my
said wife my executrix.
Wit; A.S. Merrimon
& T.W. Atkin..
Sgn. John West..
Probate in June
term 1864.."
ALOB,
Vol. XI #7, p. 90-64:
"p. 229.
22 Jany. 1858.. I, Mary Foster,
being of sound mind and memory, do make this as my last will & testament
in manner and form. First I desire that my executor shall provide
for my body a deasent[sic] burial and all expenses paid. I give to
my beloved niece Mary F. Peoples two beds and all my bed clothing, three
bed steads, one chest, one trunk, two tables, one cubboard[sic], one large
& one small wheel, a lott[sic] of kitchen furniture & one cow and
calf.. I give to Elenn J. Roberson and Mary J. Roberson infant children
of John H. Roberson one bed each.. I give to my beloved sister Harriet
M. Roberson wife of John H. Roberson all my wearing apparel, one large
wash pot, one loom, reed and shaft.. I give to my beloved nephew
John H. Roberson all my property not herein before mentioned, including
dust cubboard[sic] and iron saw mill..
I appoint my
nephew John H. Roberson as executor. Wit: J.N. Loncey and J.W.
Harbin..
Signed Mary X
Foster..
Probate June
Term 1864."
ALOB,
Vol. XI #7, p. 90-64:
"p. 230..
20 May 1861.. I, Lorenzo D. Alexander
of Buncombe County, being in good health and sound mind & memory, do
make this as my last will and testament.. All property both real
and personal or mixed which I may die possessed of, I devise, bequeath
and transfer in the manner following.. I give to my beloved father
James Alexander the following property to wit; All that tract of land where
my father now lives, lying on the waters of South Turkey Creek, joining
lands of Charles West, R.P. Wells, Johnathan Wilson & others containing
205 acres more or less, also the following stock, three mules, all the
cattle, and hoggs[sic] & sheep, also all corn, wheat, bacan[sic], waggons[sic]
& tools. This will does not conflict with the deed secured by
me from James Alexander the 26 June 1856 during my life time..
Wit; W.E. Allen,
E.R. Allen & W.L.L.Rynolds..
Signed L.D. Alexander..
Probate June
1864.."
ALOB,
Vol. XI #7, pp. 90-64 & 90-96:
"p. 234..
25 June 1864.. I, James M. Smith,
of Buncombe County, N.C. being weak and feeble in body but of sound &
disposing mind and memory. First I will that my body be decently
intered and my funeral expense and all my just debts paid.. I desire
that my son Joseph Henry Smith shall have two thirds of all my property
both real and personal or mixed and the other to be equally divided between
my four other children viz: Margaret Leah, Martha Harriett &
William Alexander and Samuel Lafayett. The child of Martha Craigs
who claims to be my wife - my desire is that it shall have no part of property
whatever.. I desire that all my perishable property be sold by my
executor at public sale for cash or credit within twelve months after the
present war then to be sold as above.
I appoint John
E. Patton & Joshua Roberts as executors.
Wit: W.W.
McDowell & John Burgin..
Signed James
M. Smith..
Probate Sept.
Term 1864."
"I will and desire
that all my perishable property be sold by my executors at public auction
either for cash or on credit at the discretion of my executors after legal
advisement as soon after my decease as is practicable and my property be
rented out by my executors for twelve months after the expiration of the
war, then to be sold or as above directed, and proceeds be divided as directed
in the first and second.
I hereby appoint
my son John E. Patton and my friend Iashmael " Roberts executors of this
my last will and testament, witness unto which I hereunto set my hand and
seal this 25th day of June AD 1864.
James M. Smith,
his mark. Seal.
Witnesses:
W.W. McDowell, Jurat, and John Burgin, Jurat."
ALOB,
Vol. XI #9, p. 90-96:
"p. 235.
1 July 1864.. I, Delilah Curtis
being of sound mind and considering my advance age do make this as my last
will and testament. I will to my beloved daughter Mary Curtis one
bay mare, the one willed to me by my deceased husband also one cow &
calf. Four head of sheep. All monies & debts due me after
funeral expenses are paid, to her my daughter Mary all and every thing
named.
I do appoint
S.F. Young executor to this my last will.
Wit: Asbery
Davis & Samuel Young, jrat..
Signed Delilah
Curtis..
Probate Sept.
Term 1864."
"This concludes
the Buncombe County Wills to be published in A Lot of Bunkum in 1990.
It is planned that Mr. & Mrs. Woolley will resume abstracting the records
and presenting them for publication beginning again with the January 1991
issue. We thank them for the work so far, appreciating the effort
it has involved."
