Below is the will of James Pearsall dated 15 Oct 1858 and a codicle dated 2 Jan 1859. The will of James Pearsall, is found in Will Book 2, pages 141-47, Clerk Superior Court, Duplin County, NC, and reads as follows: In the name of God, Amen, I James Pearsall of the County of Duplin and State of North Carolina, being of sound disposing mind and memory thanks be to God for the same, do make and ordain this my last will and testament in manner and form following viz: Item lst. I bequeath my soul to God who gave it, and my body to be buried in a Christain like manner at the discreation of my surviving friends. So respects the worldly estate with which it has pleased God to left me. I give and bequeath as follows: Item 2nd. I give and bequeath to my beloved wife Ann Pearsall the use of all the lands whereon I now live west of my Road with the avenue, including all my buildings of all descriptions, to my old field, thence up a ditch to the old low ground fence, thence with said fence to the cotton field fence, thence with said fence and the big low field the marsh fence, thence with said fence and the north boundary of the big low field so as to include my cow pasture and improved low grounds to Jeremiah Pearsall's line; with all the timbered lands west of the Cypress run, as his divider, being all the lands I own west of the above described line, to and with Jeremiah Pearsall's line during her natural life. I also give to my wife Ann Pearsall my negro man, Arthur, Virgiel and David, alias Dick, also Julin, Barbara and Grace and child Liberty to her and her heirs forever. I also loan my negro man Jackson and girl Polly, and his children Martha and Sarah to my said wife Ann Pearsall during her life. I also give my beloved wife Ann Pearsall, two horses her choice, one rolling establishment her choice, five cows and calves, two ewes and lambs, six sows and pigs, or shoats, one yoke of oxen and card, three beds and furniture, her choice. All my household and kitchen furniture, one loam gin, four plows and gear, her choice, with the necessary provisions for herself and family for one year, and two hundred dollars in cash, of my estate to her and her heirs forever. My books I wish divided amongst my wife and children at least such as are valuable the rest I wish sold. Item 3rd. I have already given my son-in-law James Larkins, and his wife Susan F. Larkins, my daughter, one tract of land worth one thousand dollars boy Swan worth six hundred dollars, girl Hannah worth four hundred dollars, Cash advanced at Sunday times twelve hundred dollars. One bed and furniture, one cow and calf, together, worth thirty dollars, which they have already received. I have also given my daughter Susan E. Larkins my boys Stewart and Jerry and also girl Adaluhe, all worth one thousand and seven hundred dollars to his and her heirs forever amounting to the sum of four thousand nine hundred and thirty dollars to be made equal with out paying interest on her advancements. Item 4th. - I have given my son Edward Pearsall my Molton's lands, east of the Ward Road with a small piece I brought of Joseph D. Pearsall on Gum fording exaxting a small piece adjoining the Quinn lands, south of the Luke Huggins old place, worth three thousand dollars. Also boy Calvin worth six hundred and twenty five dollars, girl Clary and her increases worth five hundred dollars, girl Rachael and her increases worth four hundred dollars. One mare saddle and bridle worth one hundred dollars, one bed and furniture and one gun, together worthy thirty dollars which he has already received amounting to the sum of four thousand six hundred and fifty five dollars. Also my watch at my death to him and his heirs forever to be made equal without paying interest on his advancements. Item 5th - I have given my son-in-law Clem Gillespie and my daughter Mary Ann Gillespie my boy Horace worth six hundred and twenty five dollars. Rachael and child Jenny with her increases worth six hundred dollars boy Allen worth three hundred and fifty dollars boy Turrisman worth two hundred dollars boy Alexander worth four hundred dollars with cash and notes advanced at Sunday times to the amount of Six hundred and sixty five dollars, one bed and furniture one cow and calf, one sow and pigs together, worthy thirty five dollars amounting to the sum of three thousand and three hundred dollars which they have already received and my will and desire is that Mary A. Gillespie be made equal with Susan E. Larkins, Melinda Boney, Lucy J. Middleton and Martha Rhodes out of my estate not bequeathed to her and her heirs forever without paying interest on her advancements. Item 6th - I have given to Col Wright Boney and my daughter Melinda Boney my girl Saslin and her increases worth four hundred and fifty dollars boy Bill and Harry worth eleven hundred dollars cash and notes advanced in the amount of twelve hundred and fifty dollars, one bed and furniture and one sow and pigs together worth thirty dollars amounting to the sum of two thousand nine hundred and thirty dollars which they have received and my will and desire is that Melinda Boney be made equal with my other children out of my estate not bequeathed, to her and her heirs forever. Item 7 -. I have given to David B. Nicholson and my daughter Zilpha Nicholson my boy Garry worth six hundred dollars and girl Matilda worth five hundred and fifty dollars girl Rose worth four hundred dollars girl Charlotte with increases worth six hundred and fifty dollars boy Peter Haywood worth five hundred and fifty dollars, also cash advances for land nine hundred dollars, one bed and furniture, two sows and pigs and one cow and yearling together worth forty dollars, amounting to the sum of three thousand six hundred and ninety dollars to them and their heirs forever. I also give and bequeath to the children of my daughter Zilpha Nicholson the sum of one thousand dollars to their and their heirs forever. Item 8th -. I give and bequeath to my son Joseph Pearsall all of the tract of land I now live upon, reserving my life estate and the life estate of my wife Ann Pearsall worth six thousand dollars. My boy Haywood worth six hundred and fifty dollars girl Candaco and her two children, Leah and Chloc, with increases worth six hundred and fifty dollars, one horse saddle and bridle one bed and furniture and one gun altogether worth one hundred and twenty dollars. Subject to a deduction for my life estate and dower of the sum of five hundred dollars, leaving the sum of six thousand nine hundred and twenty dollars, all of which he has received except the land to him and his heirs forever. Item 9th. I have given my son-in-law David J. Middleton and my daughter Catherine E. Middleton my boy Louis worth six hundred and fifty dollars, girl Fanny worth four hundred and twenty five dollars, boy Claiborn worth four hundred and twenty five dollars boy Austin worth two hundred and fifty dollars, boy Wright worth two hundred dollars, Girl Milberry worth two hundred and fifty dollars one bed and furniture., two sows and pigs and three cows and calves altogether worth fifty dollars amounting to the sum of two thousand six hundred and fifty dollars which they have received to them and their heirs forever. Item 10th - I have given to daughter Lucy J. Nicholson and the heirs of her body a tract of land on Maple Swamp known as the Robbin Williams land value at one thousand five hundred dollars boy Alfred worth six hundred and twenty five dollars, girl Silva and child Jenny worth six hundred and twenty five dollars, boy John worth four hundred and fifty dollars, girl Laura worth three hundred and fifty dollars, one bed and furniture, one cow and calf, one sow and pigs, together worth thirty five dollars and one thousand dollars in notes and the use of boy Jackson and gear amounting to the sum of five thousand five hundred and eighty five dollars. The said Lucy J Nicholson having a son by the Rev. James L. Nicholson my will and desire is that the proceeds of said land which I have since sold and girl Laura be the property of James L. Nicholson, Jr., son of Lucy J. Nicholson being his lawful part of the advancement as agreed upon by David J. Middleton and myself previous to his intermarriage with the said Lucy J. Nicholson. The said proceeds of the land and the girl Laura, now being in the hands of David J. Middleton, Guardian to James L. Nicholson, Jr and in case the said James L. Nicholson should die before he arrives at the age of twenty one years the said property to descend to his mother and her heirs and my will and desire is that Lucy J. Middleton shall be made equal with Susan E. Larkins, Mary A. Gillespie, Melinda Boney and Martha Rhodes out of my estate so bequeathed after deducting the amount given to her son James L. Nicholson to her and her heirs forever. Item 11th. - I give and bequeath to my daughter Martha Rhodes widow of Henry Rhodes decd the following tract as parcels of land in Duplin County lying on the East side of Maple run and west of the Main Road, known as the Williams land, Grady land and Quinn land and a small piece the main road and adjoining the Quinn lands, which I purchased of J. D. Pearsall south of Luke Higgins old place reference herein, made to the deeds and every more and the boundaries therein described containing six hundred and sixty seven acres more or less valued at three thousand dollars for and during her natural life and after her death. I give devise and bequeath the same tracts as parcels of land unto all the children of my said daughter Martha Rhodes that she now has and hereafter may have as tenants in common to them and their heirs forever. I also give my daughter Martha Rhodes the following negroes Hagar worth two hundred and fifty dollars, Joanna worth four hundred dollars boy Bob worth four hundred dollars, boy Milo worth two hundred dollars, girl Caroline worth four hundred dollars, one bed and furniture worth twenty dollars amounting to the sum of four thousand six hundred and twenty dollars. I also will and devise that Martha Rhodes be made equal with my other children out of the property set apart for that purpose to her and her heirs forever. Item 12th. - I hereby bequeath all the rest of my negroes not bequeathed or given away as a property fund set apart to make Edward Pearsall, Joseph Pearsall, Susan E. Larkins, Mary A. Gillespie, Melinda Boney, Lucy J. Middleton and Martha Rhodes as near equal in the value of property as possible including those I have loaned my wife Ann Pearsall after her death (viz) Henry, Rachel, Jo, Daniel, Ann, Jim, Warrick, Susan, Kesiah, Judah, the above not devised. Jackson, Kelly and children, Martha and Sarah loaned to my wife Ann Pearsall with every other discription of property not devised as given away and owned by me. Crop, stock and perishable property of all kinds, cash, notes, bond and accounts to be set apart to make the above named children of mine equal after paying all my just debts and funeral expenses are paid, share and share alike to them and their heirs forever. It is my wish and I desire that due respect will be given to my judgment in the valuations of the property advanced to my children and that they will be contented with my decision and with this my last will and testament and that none shall pay interest upon their advancements. Finally and lastly, I do hereby constitute and appoint my son Edward Pearsall and my son-in-law David J. Middleton executors to this my last will and testament hereby revoking all others and former wills by me made. In testamony whereof I have hereunto set my hand and seal this 15th day of October A. D. 1958. Signed, sealed in Presence of Thomas J. Carr, James Dickson. State of North Carolina Duplin County /s/James Pearsall State of North Carolina; Duplin wishing to make some alterations in the disposition which I have made in the above written will of my property I, James Pearsall do make this codicele to the above my last will and testament. I direct that it should be taken and considered fully a part of my will as though it had been written in the body of the same. Item I do hereby revoke the disposition which I have made of my negro boy Daniel. Item I loan to my wife Ann Pearsall my negro boy Daniel during his natural life, after her death I give and bequeath the said boy Daniel to my Grand Son James L. Nicholson to him and the heirs of his body forever, but in the event of the death of my Grand Son James L. Nicholson, before he arrives at the age of twenty one years, or has legal heirs; then the said negro boy Daniel is to revert back to my legal heirs. Item I also give and bequeath to the children of my daughter Zilpha Nicholson five hundred dollars in addition to the sum I have already given them, in the body of my will to them and their heirs forever. In testimony whereof I have hereunto set my hand and seal this 2nd day of January 1859. Signed, sealed in presence of /s/ Jas Pearsall (seal) Benjamin Oliver This will was probated in Court of Pleas and Quarters, State of N. C. Duplin County, January term A. D. 1859.
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