from ALOB, vol. Viii #4, p. 87-55 & vol. Viii #5, p. 87-72:
“p. 41. 25 jan. 1825.. I, Benjamin Merrell, being in perfect health and of perfect mind & memory. first I desire that all my just debts to be paid. I will & desire that my wife Penellopey shall have a plentiful support during her natural life from the farm whereon I now live. I will unto the heirs of my dtr. Nancy Crumnnis? (Now deceased) the sum of $10 to be paid to her heirs two years after my decease and some property given to her by me. I will unto my son William the sum of $5 to be paid 2 yrs. After my decease, with what property I have given to him. I will unto my dtr. Jane morrow now married $15 to be paid 2 yrs. After my decease with what property I have give to her. I will unto my son Nimrod one Negro boy named jim, one bed & covering, to receive said Negro at my decease with the other property I have given him. Also the use of one field cleared by him on the south east side of cane creek, known as his field. be it understood that Nimrod is not to lease or convey his claim to any person except one of his brothers within five years after my decease. I will unto my dtr. Penellophy Sheppard $50 to be paid in five installments, commencing on the 1 jan. 1836 and to be paid in cotton, sugar or coffee at the common selling price. I also desire that Penellophy shall receive one sixth part of the amount of the sale of property that I shall hereafter discribe. after my executors have paid to the heirs of Nancy Cremnis $10, to my son William $5. to Jane morrow $15, said Pennellophy to receive her part two years after my decease. I will unto my son Eli a certain note now in my possession against him, with $15 and all the property I heretofore given him. I will unto my dtr. Jamima $10 to be paid two years after my decease and what property I have heretofore given her. I will unto my son Benjamin $50 in trade to be paid two years after my decease, with what property I have heretofore given him. I will unto my dtr. Charity Mccrary, now married, one Negro girl named Mary with her issue also one sixth part of a sale of property as mentioned in item # seven of this will, two years after my decease. I will unto my dtr. Rachel one Negro girl named maria with her issue during her natural life then to her heirs. also, one bed and bedding, with her saddle and the cattle which she claims. she may receive such property when she thinks proper to leave my house also one sixth part of the said sale mentioned in item seven. I will unto my son Jonathan one Negro woman named rose with her issue from this time forward and to receive her at this mother decease and one bed and bedding also what he has receive from me and the tract of land lying on a branch of Hooper creek above Barnhill Place also one sixth part of the sale in item seven two years after my decease. I will unto my son David one Negro boy named Ambrose at my decease with what I have given him and all that tract of land lying on the top of Bearwallow Mountain containing 50 acres and one sixth part of the sale mentioned in item seven. I will unto my son Levi one Negro man named Dick with the plantation whereon I now live containing 171-1/2 acres also after five years the use and control of the tract of land I let my son Nimrod use for five years. also that tract of land lying on both sides of the top of the mountain between Hooper Creek and Cane Creek, joining the land hereon I now live and joining to land belonging to the heirs of Richard Roberts and John Merrells containing 100 acres and one bed and bedding, my still and tubs and one sixth part of the sale in item seven. I will unto my wife Penellophy a horse or mare, with her saddle and bridle. all other stock now willed to be sold and with respect to my library it to be distributed as the name is found in the books..
I appoint my sons Jonathan & Levi Merrell my executors.
wit; Joh [sic] Henry & Joseph Henry..
signed Benjamin Merrell..
will was proved in open court on oath of Joseph Henry, July session 1836.. Jonathan and Levi Merrell was sworn executors July session 1836..”
Merrell, Benjamin
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