LAST WILL AND TESTAMENT OF
JOHN BOSTICK (1846)
(Transcribed by Jesse Thomas Bostic, Jr. and Elizabeth Bostic Ross)
I, JOHN BOSTICK, of Duplin County and the State of North Carolina being of
sound mind and memory, but considering the uncertainty of my earthly
existence do make and declare this my last will and testament in manor and
form following, that is to say:
First, that my executor (hereinafter named) shall provide for my body a
decent burial according to the wishes of my relations and friends, and to
pay all funeral expenses together with my just debts howsoever and to
whomsoever owing out of the monies that may come into his hands as part or
parcel of my estate.
First item: I give and devise to my beloved wife, EMILY BOSTICK, all
the lands I possess which I have not otherwise conveyed, including the
Plantation whereon I now live, the mansion house and all outhouses, all the
horses and other improvements, to have and to hold , to her, the said Emily
Bostick, for and during the term of her natural life, in satisfaction for, and
in lieu of her claims.
Second item: I give and bequeath to my said beloved wife all my household and
kitchen furniture, except one bed, bedstead, furniture and all my stock of every
kind consisting of horse or horses, boars, hogs, cattle, sheep, hens and all
domestic fowl and poultry. All crops of every description that may be upon the
plantation, whereon I now live or elsewhere, and all the provisions on hand at
the time of my death to have and enjoy during the term of her natural life.
Third item: I give and bequeath to my said wife my boy SIMON SLAVE during her
natural life if she should continue a widow to better enable her to support her
children that I have and may have by her, but should my said wife marry or die,
my will is that my executor or guardian of my said children hire out said slave
until the youngest of my children becomes of lawful age for and to their benefit
and support, and at the time when the youngest has arrived at lawful age, the
balances of the hire, if any there be that have not been expended to their use
and benefit, together with the value of said boy, Simon Slave, be equally
divided amongst my said children, share and share alike.
Fourth item: I give and devise to my said children that I have or may have by
my said wife, EMILY BOSTICK, all the land and appurtenances whereunto belonging
to my estate, excepting the lifetime estate of my wife devised in a former item
of this my will, to have and to hold to them and their heirs in fee simple
forever.
Fifth item: I give and bequeath to my children all the property that is
unconsumed at the death of my said wife which is described in the second item
of this my will to them share and share alike.
Sixth item: I give and bequeath to my son JOHN MILLER BOSTICK one bed, bedstead
and furniture which it is understood in the family he now claims. Also, one
Sorrel mare which it is understood in the family he now claims to him and his
personal representative forever.
Seventh item: My will is that my executor sell my boy FRANK SLAVE and that he
pay over to my daughter MOLSEY THIGPEN, wife of DREW THIGPEN, one half the
amount arising from the sale of said slave and the other half be applied by my
executor to the use and benefit and support of my daughter CELIA HUNTER, wife
of HOSEA HUNTER, and her children to be paid to my said daughter, CELIA HUNTER,
as she may require it.
Eighth item: My will and desire is that 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 expenses and legacies, that such surplus shall be equally divided and
paid over to my oldest children: MOLSEY THIGPEN, CELIA HUNTER, JOHN MILLER
BOSTICK, and my grandson JOHN EDWARD HUNTER in equal proportions, share and
share alike to them and each and every of them forever.
'
Ninth item: And whereas if the residue of my estate and debts to me owing should
not raise a sufficient sum for the payment of my debts and expenses, it be my
will and desire that the balances be paid from the proceeds of the sale of such
property as my said wife can spare of that bequeath to her in a former item of
this my will, unless she agrees or consents and pays said balances of said debts,
if any.
And lastly, I do hereby constitute and appoint my trusty friend WILLIAM FARRIOR
my lawful executor to all intents and purposes to execute this my last will and
testament according to the true intent and meaning of the items and every part
of the items and every part and clause thereof, hereby revoking and declaring
utterly void all other wills and testaments, if any, by me made heretofore. In
witness whereof, I, JOHN BOSTICK do hereunto set my hand and seal this seventh
day of March A.D. 1846.
SIGNED SEALED PUBLISHED and declared
By the said JOHN BOSTICK to be his last will
And testament in presence of us, who do subscribe
JOHN BOSTICK
Our names as witnesses thereto: (marked and sealed)
JOHN FARRIOR
N. J. FARRIOR
NORTH CAROLINA
DUPLIN COUNTY COURT April term 1848
The execution of the written will is duly proved in open court by the oaths
of JOHN FARRIOR and NICHOLAS FARRIOR, subscribing witnesses
thereto and is ordered by the court that the items be recorded and filed as
the last will and testament of JOHN BOSTICK, deceased. At same term
WILLIAM FARRIOR qualified as executor thereto.
COPY J.H. JARMAN, Clerk
By: B. F. Grady, Deputy Clerk
(signed)
Names Included:
John Bostick, devisor; Emily Bostick, wife; Children: Molsey Thigpen,
John Miller Bostick, Celia Hunter, and grandson John Edward Hunter;
slaves Simon & Frank; Executor William Farrior; Witnesses John and Nicholas
Farrior; J. H. Jarman, Clk. of Court and B. F. Grady, Dep. Clk. of Court.
This will is not to be copied and posted on any other site!
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