Will of Timothy Newkirk
Transcribed by Pauline Pierce
TIMOTHY NEWKIRK married in ca. 1819-20 to NANCY ANN (BRYAN) STALLINGS
the widow of JOHN STALLINGS and daughter of KEDAR BRYAN and NANCY ANN
DICKSON. She gave birth to several NEWKIRK children, but all died as
infants with NANCY ANN dying on 8 Aug 1825. TIMOTHY NEWKIRK then married
on 19 April 1826 to ELIZABETH STALLINGS the sister of JOHN STALLINGS,
deceased, and they had several children who died as infants, with
ELIZABETH dying on 29 Oct 1857.
-- Pauline Pierce
Last Will and testament of TIMOTHY NEWKIRK, decd. proved Oct. Term 1859:
This will is 9 handwritten pages long.
Names Included:
Jno. Q. A. Boney, neighbor
Nathaniel Bonham, husband of Thankful
Thankful Bonham, niece
William Brice & wife, friend
Helen C. Faison, niece
Julian P. Faison, husband of Helen C. Faison
John W. Gillespie
Shadrach G. Gillespie
Rachel Ann Hall
Albert G. Hall, husband of Rachel Ann Hall
Pene. Haws, sister
Abram N. Matthis, nephew
Mary Matthis, Sister
Thomas Beatty Matthis, nephew
Timothy Newkirk Matthis, son of Abram N. Matthis
Cornelius T. Murphy, Executor
Harrison F. Murphy, friend, Executor
Adelaid, child of Jacob F. Newkirk
Benjamin H. Newkirk,child of Jacob F. Newkirk
Benjamin R. Newkirk, brother
Bryan Newkirk, brother
Bryan B. Newkirk, nephew
George B. Newkirk, child of Jacob F. Newkirk
Harriet, child of Jacob F. Newkirk
Jacob F. Newkirk, brother
James L. Newkirk, nephew
John A. Newkirk, son of Jacob F. Newkirk
Joseph Newkirk, brother
Timothy Newkirk
Timothy Newkirk, Jr., nephew, son of Joseph Newkirk
Warrne,child of Jacob F. Newkirk
Francina C. Powers, wife of John D. Powers
John D. Powers, friend, Executor
Ann Julia Seavey, niece
Dr. J. B. Seavey, husband of Ann Julia Seavey
Dr. David D. Sloan of Sampson County
Boney Southerlin
Daniel Southerlin
Josiah Stallings
Josiah Stallings of the state of Mississippi
Kedar Stallings
James G. Stoakes, friend, Executor
John William Stoakes, friend
Jamor J. Taylor, Witness
Betsey Wells, neighbor
Jacob Wells, Jr. Witness
Timothy Newkirk P. Wells
John J. Whitehead, clerk
Ann Jane Williams, sister
Bryan N Williams, nephew
David H. Williams, nephew
Saml. A. Williams, nephew
Amanda Wilson, friend
John Wilson, husband of Amamda Wilson
Chester R. Vann, Husband of Mary Ann Vann
Mary Ann Vann, niece
Negros
Abram
Adelaide
Aly
Aly's child
Amanda
Becca
Child of Becca 1
Child of Becca 2
Bill
Bryant
Calvin
Carolina
Carolina
Crosby
Edmund
Elizabeth
Essex, son of Insane Jane
Fennell
Francenia
Francenia's child
Helen
Henry
Isaac
Isabel
Isaiah
Jere
Jim
Jim O.
Joe Crocket
Joe Lewis
John
Jordan
Katherine
Child of Katherine 1
Child of Katherine 2
Levi
Livinia
Mansfield
Molsoy
Molsoy's child
Nancy
Pearsall
Rachel
Sam
Sarah
Sophia
Spencer
Stephen
Sylvester
Tom
Mima
Usher, child of Mima
Jim, child of Mima
Elisa
John, child of Elisa
Harriet, child of Elisa
Aga, child of Elisa
Pene, child of Elisa
Mingo
Eveline, wife of Mingo
Beatty, child of Mingo and Eveline
Aga, child of Mingo and Eveline
Mingo, child of Mingo and Eveline
Victoria, child of Mingo and Eveline
Ivey
Candace, wife of Ivy
Milton, child of Candace
Lewis, child of Candace
Alarisa, child of Candace
Lucy, child of Candace
I TIMOTHY NEWKIRK of the County of Duplin in 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 manner and form following that is to say,
First that my executors herein after named shall provide for my body a
decent burial suitable to the wishes of my relations and friends and pay
all funeral expenses together with my just debts howsoever and to
whomsoever owing out of the moneys that may first come into their hands
as a part or parcel of my estate.
Item - I give and bequeath to my friend JAMES G. STOAKES a piece or
parcel of my land described as follows. Beginning on the ____? of
Beris?? Creek where my line and said Stoakes crosses said Creek thence a
straight line to the back line being my own and BETSEY WELL's line so as
to include the BRYAN old house and all the land lying between said line
and said STOAKES own lands to be his and his heirs absolutely forever.
I give and bequeath to my nephew TIMOTHY NEWKIRK, JR. son of my brother
JOSEPH NEWKIRK the plantation on which I reside including my dwelling
house and all the improvements, saw-mill, grist mills & all the lands
known as my old place.
I give and bequeath to my friend JOHN D. POWERS my plantation known as
the WELLS place to be used for the occupancy, support and maintainance
of certain negroes which I have conveyed to said POWERS by deed of gift
for and during the term of the natural life of said negroes at their
decease my will and desire is that said plantation belong to the
children of said JOHN D. POWERS by his present wife FRANCINIA C. except
forty acres around the dwelling of JNO. Q. A. BONEY on which he at
present resides. I hereby bequeath said forty acres of land to the
children of said BONEY.
I will and direct that all the remaining pieces or parcels of land
which I possess be sold by my executors and the proceeds of sales,
appropriated to the payment of my debts.
I give and bequeath to my brother BRYAN NEWKIRK sons, the following
negro slaves Viz - MINGO, EVELINE wife of MINGO and her four children
BEATTY, AGA, MINGO and VICTORIA with all their future increase to be his
and his heirs absolutely.
I give and bequeath to my brother BENJAMIN R. NEWKIRK the following
slaves Viz. - IVEY, CANDACE wife of IVEY and her four children MILTON,
LEWIS, ALARISA, LUCY and all their future increase also one boy named
ISAAC to be his and his heirs absolutely.
I give and bequeath to JOHN A. NEWKIRK, HARRIET, ADELAIDE, WARRNE,
BENJAMIN H. NEWKIRK and GEORGE B. NEWKIRK children of my brother JACOB
F. NEWKIRK the following slaves viz. - ELISA and her four children JOHN,
HARRIET, AGA & PENE and all their future increase to be theirs and their
heirs absolutely.
I give and bequeath to my nephew TIMOTHY NEWKIRK, JR. the following
negro slaves viz. - JERE, FRANCENIA and her child and all their future
increase to be his and his heirs absolutely.
I give and bequeath to my nephew JAMES L. NEWKIRK two negro slaves Viz.
- TOM and LEVI to be his and his heirs absolutely.
I give and bequeath to my niece THANKFUL BONHAM wife of NATHANIEL
BONHAM the following negro slaves viz. - ALY and her child and all their
future increase to be hers for and during the term of her natural life
and at her decease to her own children.
I give and bequeath to my nephew BRYAN B. NEWKIRK the following slaves
viz. - STEPHEN, JIM O. nad PEARSALL to be his and his heirs absolutely.
I give and bequeath to my neice MARY ANN VANN wife of CHESTER R. VANN
the following negro slaves viz. - JOE LEWIS, MOLSOY and her child with
all their future increase to be hers for and during the term o fher
natural life and at her decease to her own children.
I give and bequeath to my nephew ABRAM N. MATTHIS a negro boy named
JOHN to be his and his heirs absolutely.
I give and bequeath to TIMOTHY NEWKIRK MATTHIS son of ABRAM N. MATTHIS
one negro girl named NANCY to his and his heirs absolutely.
I give and bequeath to my sister MARY MATTHIS the following negro
slaves viz. - BILL AND SARAH and all their future increase to be hers
and her heirs absolutely.
I give and bequeath to my nephew THOMAS BEATTY MATTHIS one negro boy
named MANSFIELD to be his and his heirs absolutely.
I give and bequeath to my sister ANN JANE WILLIAMS two negro slaves
viz. - CROSBY and AMANDA and all their future increase to be hers and
her heirs absolutely.
I give and bequeath to my nephew DAVID H. WILLIAMS one negro man named
JIM to be his and his heirs absolutely.
I give and bequeath to my niece RACHEL ANN HALL wife of ALBERT G. HALL
the following negro slaves viz. - KATHERINE and her two children and all
their future increase to be hers for and during the term of her natural
life and at her decease to her own children.
I give and bequeath to my niece FRANCINIA C. POWERS wife of JOHN D.
POWERS the following negro slaves viz. -CALVIN, FENNELL and ELIZABETH
and all their future increase to be hers and her heirs absolutely.
I give and bequeath to my niece HELEN C. FAISON wife of JULIAN P.
FAISON the following negro slaves viz. - BECCA and her two children and
all their future increase to be hers for and during the term of her
natural life and at her decease to her own children.
I give and bequeath to JOSIAH STALLINGS of the State of Mississippi the
following negro slaves viz. - ABRAM, EDMUND and SAM to be his and his
heirs absolutely.
I give and bequeath to JOSIAH STALLINGS in trust for the use and
benefit of KEDAR STALLINGS the following negro slaves viz. - HENRY and
SPENCER.
I give and bequeath to my friend WILLIAM BRICE and wife the following
negro slaves viz. - SYLVESTER and RACHEL and all their future increase
to be theirs and their heirs absolutely.
I give and bequeath to TIMOTHY NEWKIRK P. WELLS one negro girl named
CAROLINA and all her future increase to be his and his heirs absolutely.
I give and bequeath to my friend HARRISON F. MURPHY one negro girl
named SOPHIA and all her future increase to be his and his heirs
absolutely.
I give and bequeath to my friend CORNELIUS T. MURPHY one negro girl
named HELEN and all her future increase to be his and his heirs
absolutely.
I give and bequeath to my friend JOHN WILLIAM STOAKES one negro man
named ISAIAH to be his and his heirs absolutely.
I give and bequeath to my friend DANIEL SOUTHERLIN one negro man named
JOE CROCKET to be his and his heirs absolutely.
I give and bequeath to my niece ANN JULIA SEAVEY wife of Dr. J. B.
SEAVEY two negro girls viz. ADELAIDE and CAROLINA and all their future
increase to be hers and her heirs absolutely.
I give and bequeath to my nephews BRYAN N. and SAML. A. WILLIAMS one
negro woman named MIMA and her two children USHER & JIM and all their
future increase to be theirs and their heirs absolutely.
I give and bequeath to my friend DOCTR. DAVID D. SLOAN of Sampson
County one negro boy named JORDAN to be his and his heirs absolutely.
I give and bequeath to my friend AMANDA WILSON wife of JOHN WILSON one
negro girl named ISABEL and all her future increase to be hers and her
heirs absolutely.
I give and bequeath to my friend JOHN W. and SHADRACH G. GILLESPIE the
following negroes viz. - BRYANT and LIVINIA and all their future
increase to be theirs and their heirs absolutely.
I give and bequeath to my friend BONEY SOUTHERLIN one negro boy named
ESSEX (the son of INSANE JANE) to be his and his heirs absolutely.
My will and esire is that all my negroes not mentioned in the foregoing
bequests be sold by my executors and the proceeds appropuated to the
payment of my dets also - my stock of all kind, crop, household and
kitchen furniture and all personal property of which I may be possesed
at the time of my decease except so much of my crop as may be necessury
for a years support of certain negroes named in a deed of gift made by
myself to JOHN D. POWERS. Should there be a remainder in the hands of my
executors after the payment of all my debts and the expense incident to
the execution of this my last will and testament I will and direct that
said surplus be equally divided among all my brothers and sisters or
their legal representatives except my sister PENE. HAWES. My will and
desire is that my executors enclose and ornament my family burial ground
and pay expenses of the same out of my estate.
Lastly I hereby constitute and appoint my trusty friends JAMES G.
STOAKES, HANSON F. MURPHY, JOHN D. POWERS and CORNELIUS T. MURPHY my
lawful executors to all intents and purposes to execute this my last
will and testament according to the true intent and meaning of the same
and every part and clause there of hereby revoking and declaring utterly
void all other wills and testaments by me at any time heretofore made.
In Witness whereof I the said TIMOTHY NEWKIRK do here unto set my hand
and seal this 31st. day of January A.D. 1859.
Signed, Sealed, published
and declared by the said
TIMOTHY NEWKIRK to be T. NEWKIRK
his last will and testament
in the presence of us who
at his request and in his
presence do subscribe our
names as Witnesses Thereto.
JACOB WELLS, Jr.
M. J. TAYLOR
State of North Carolina
County of Duplin Court of Pleas and Quarter Sessions
October Term 1859
The foregoing paper writing purporting to be the last will and
testament of TIMOTHY NEWKIRK deceased was exhibitied in open court and
proponnded for probate as such by JOHN D. POWERS and HAIRSON F. MURPHY
one of the persons named in said last will and testament as executor of
the same - Where upon the due execution of said paper writing by the
testimony of JACOB WELLS, Junr. and JAMOR J. TAYLOR the two subscribing
witnesses in the same and it is there upon considered by the court and
it is so adjudged and decreed that said paper writing is the last will
and testament of said TIMOTHY NEWKIRK and that the same is admitted to
probate as such, and it is ordered that the same be filed and duly
recorded.
Whereupon JOHN D. POWERS and HANSON F. MURPHY two of the executors
therein named duly qualified as such and it is ordered that letters
testamentary issue to them -- JAMES G. STOAKES and CORNELIUS F. MURPHY
the two other persons named in said last will and testament as executors
of the same came into court and renounced all right to execute said last
will and testament by virture of thus said appointment.
Test. JOHN J. WHITEHEAD Clk.
This will is not to be copied and posted on any other site!
Back to Duplin Will Index
|