Will of James Williams, Sr.
Transcription of the Will of James Williams, Sr. of Duplin County, NC April Term 1849
I, James Williams, Sr. of the County of Duplin and State of North Carolina, being of sound mind & memory
but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner & form
following, that is to say ----
First, That my executor (herinafter named) shall provide for my body a decent burial Suitable to the wishes
of my relatives & friends and pay all funeral expenses together with my just debts howsoever or to whomever owing, out of the monies
that may first come into his hands as a part or parcel of my estate.
Item – I will and devise one hundred acres of land lying on the west side of the North East River to be sold to the
highest bidder after my death and the money arising from the sale thereof to be equally divided between my son James Williams, Jr. and
my daughters Mary Kennedy, Zilpha Southerland, Barbary Brown & Cilvey Brown., to them and their heirs forever.
Item – I give and devise my man Peter after my death to be hired out annually and the money or monies arising
therefrom to be kept on interest until my son Merrill Williams, dec’d, youngest son comes to the age of twenty-one years, at which time
I will that Peter be sold and the money arising from the hire of Peter be equally divided between my son Merrill Williams’s three sons viz:
David, Thomas Garrison, and Merrill James Williams to them & their heirs forever.
Item – I leave to my daughter in law Penelope N. Williams my plantation whereon I now live to assist in raising her
family of children.
Item – my will and desire is that all the residue of my estate (if any) after taking out the devises and legacies above
mentioned shall be sold and the debts owing to me collected, and if there should be any surplus over and above the payment of debts
expenses and legacies that such surplus be equally divided and paid over to my son James Williams, Jr. and my four daughters viz: Mary
Kenneday, Zilpha Southerland, Barbary Brown, and Cilvey Brown to them and each and every of them their executors, administrators &
assigns forever.
Item – I give to my son Merrill Williams and my daughter Priscilla Kenneday one dollar each to them & to their heirs
forever,
And lastly – I do hereby constitute and appoint my trusted friends William Farrior and David Brown my lawful executors
to this my last will and testament recording to the true intent and meaning of the same and every part and claim thereof hereby revoking &
declaring all other wills & testaments by me made to be void & of no effect. In witness whereof I have hereunto set my hand & seal
Sept. 26th 1846.
Signed Sealed & declared By the said James Williams,
Sr. to be his last & testament
In the presence of us
John B. Kennaday
H. Maxwell
Duplin County Court April term 1849
A paper writing purporting to be the last will and testament of James Williams was produced in open Court and offered for
probate by William Farrior & David Brown the Executors therein named. When the Same was proved in due form of law by Houston Maxwell, one
of the Subscribing witnesses thereto, wherefore said paper writing was duly admitted to probate as the last will and testament of James
Williams.
On motion the Executors therein named qualified as such, ordered that letters testamentary issued.
Original Will Page 1 Original Will Page 2
This will is not to be copied and posted on any other site!
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