Will of James Wright

Contributed by Jason Bourdeaux

Transcribed by Jackie Purdy

Will of James Wright

Original Will


  In the name of God Amen. I, James Wright planter of the State of North Carolina and County of Duplin, do make this my last will and testament. First commenting my soul to God who gave it and my body to be decently buried by my Executor. I give first to my wife Kitty the sum of nineteen hundred and ninety nine dollars to be paid her as soon as it can be collected by my Executor it being the sum agreed on and which the after due consultation said she was willing to accept in full satisfaction of what she might be entitled to otherwise of my Estate both real & personal and of every kind whatsoever of which I may die sured and parelized. As respect my real estate in Duplin County I give it all to my sons Isaac and William in special trust and confidence that they will apply the same to the use benefit and profit of my grand children the sons of John B. Wright deceased, viz John Beck, James Munroe, Isaac & William Murray and at their death and after the death of the survivor it is my wish that the Court of Chancery appoint a trustee, with such restrictions as will afford perfect security to continue the execution of trust for the use benefit and behoof of said minors and that my said trustee or the survivor in case of death and in the event of the death of both such trustee as the Court of Chancery may appoint and under the direction thereof may make such as will be equitable and just between the same minors a director so as to injure each part or job as little as possible. And as it will be convenient when they come of age or were before for them to occupy the same. Should through neglect of payt of taxes or otherwise the land be sold my son Isaac & William as they live at a distance or may remove away are not to be held responsible nor those who may legally represent them but this inculpatory clause is not to be apply to any trustee Court of Equity may appoint. As respect my real estate in Cumberland & Bladen on the Northwest river, now the property of my son Bryan Wright. I give it to my grandsons. The sons of Bryan, John and Jamy and to their father the use of it only. The legal estate right and title thereun to my trustees Isaac & William, subject to all the provisions contained in the first diverse for the benefit of my minor grandchildren or the sons of John B Wright deceased and also subject to all the executes also on thereun set forth as ressedy? leabilduz?. As respect my negroes including Fanny & her children now in protection of Miranda McAllister. I dispose of them manner following. To be divided into six equal parts or shares, combining the convience of families, as much as practicableor ofarther of it can be done for Rosana their child to be thrown into the lot, that is for the use of my son Bryan his children and Fanny & their children to be thrown into the lot inlunds? & for the use of Ann McAllister her children, o ne tenth of all my slaves to my son Isaac his heirs, one tenth to my son William his heirs, one siscth to Isaac & William in special trust and confidence that they will apply the use of the said negroes the hire and property, to the benefit use and support of son Bryan and his children. One siscth to my son Isaac and William in special trust & confidence that they will apply the use of the said negroes the hire or profits to the support & use of my daughter Chelly Murphy & her children. Onesixth in special trust & confidence to my son Isaac & William that they will apply the use, the hire the profits of said Negroes to the support benefit use of my daughter Ann McAllister & her children. One sixth to the use of my son Isaac & William in special trust & confidence that they will apply the use hire or profits of said negroes to the support and benefit and use of my grandchildren the sons of my deceased son John B. Wright. viz John Buck Jarry Munroe Isaac & William for their use support & benefit. It should have been mentioned that Fanny and her children in the possession of Alexander McAllister, I not only endeeds to be comprehended in the division the present block of slaves but all future increase and I do herby give to my sons Isaac & William the legal estate right Hiller to them their heirs & assigns of all the Negroes, that mat be comprehended in the different job intent for the use & benefit of the before named viz Bryan & his children. Chelly Murphy & her children, Ann McAllister & her children and any grandchildren of my deceased son John B. Wright, John Buck, James Monroe, Isaac & William and to make such arrangements as they think proper to further & give effect to the said busly either by giving or retaining possession As my abject is that none of my said slaves given or hired_ shall be sold but of my sons Isaac & William deem it advisable to sell the negro. Then to be divided into the possession of my son Bryan or sons in laws John Murphy & Alexander McAllister, as they live at a distance. They are not to be held liable to incur any responsibility. Should any of these be sold or otherwise despose of. They will use all conv’t means to prevent the same. They are or or in case of death the survivor to make any just divisions as the respective children marry and not disregarding the commission of my own children. They are nearer than the grandchildren Should Bryan or any deserving and or , him being or cause to be brought out for Roxana & child or Before sold the former to myself the Calles to my son Isaac Min den that case. Isaac & William will Jase what is included for the use of my son Bryan the family do far as to indeminsley? old houble hops, that may occur thus from In case of death of either pusler the survivor to act in case of death of both then the Court of Equity to appoint a trustee. I give to my daughter Ann McAllister as per money for her sole and osporale use Three Hundred dollars after paying the legacy to my wife one thousand dollars to be held or given to the use of my daughter Chelly Murphy & children, one bed and furniture to my daughter Chelly, and one bed furniture to my daughter Ann McAllister every thing not divided or bequeathed to be sold, debts due & money I may have on hand and theproperty to be divided amongst all the sese dystey say in sese party subject however to all the before uses of trusts, Unlike my Trustees & Executors should be of the opinion the immediate benefit of cash should require it to be paid over without situation. And should my son in law John Murphy bring any suit against me or my Executors then Isaac Williams is not only to withhold the oneThousand dollars but apply the proceeds of all the slaves provisions bequeathed for the use of his wife, children or such position the insofar maybe necessary in their judgment to indeminfy a fully advocate any imspurse or trouble & pay the same which may arise therefrom. And as they may have considerable trouble despences in attending toward trustee They are at liberty to remove such funds as they may deem just to meet the same. I hereby make & nullify all former wills, to be made and do hereby constitute and appoint my loving sons Isaac & William Wright, Executors & Trustees of this my last will & testament. My 24th October 1839 Sign & Sealed opublished In the presence of Jas G Dickson James Wright D B Newton David Wright Henry Bowden State of North Carolina Court of Please & Quarters Duplin Court April Term 1840 The written paper writing purporting to be the last will & testament of James Wrights deed was produced in open court and this due execution thereof was duly proved by the oath of Daniel B. Newton, David Wright and Henry Bowden subscribing witness thereto where it is ordered by the court That the same be enrolled. Test: James Dickson, Clk. I, James Wright of Duplin County do make this codicil to my last will & testament. of date viz October the 24th 1839. First I decree that my Negroman John charged with dividing my slave as set forth in my said will form as a part of a lot bequeathes to my son Isaac & William for the use of my grandsons. Therein managed the sons of the deceased son John B. Wright including heirs and indescrepancy any additions to the Job but in the descretion to have been substituted in place of another that negros be drawn for their use. Finally having some doubt whether in for some money has been given to my trustees for the _____ I do give to my son Isaac & William all properties in Duplin County both the lands on whish I reside thereon in said county. To these their heirs and assigns forever in special trust and consideration that they will apply yjr proceeds use benefical thereof to the support of my said grandchildren John Buck Jasmy Munroe Isaac Willamsonthe sons of my deceased son doctor John B Wright and to the heirs and where they deem at necessary to divide the same for their use & benefit to do so or equalably as they can but I have otherwise to do whatsoeverthey think best to attain & carry and my object in providing through them for these orphan other wise dependant children-- And I informed to them my trustees the same power & control over the personal property--that may fall to them for the uses aforesaid on as set forth on my well on retition to these orphans. Wscear? my intentions also to give to Isaac & William together their heirs and assigns forever all my lands in Cumberland County Bladen County on the North part lower Wallys creek which I move given on fee someplace as above stated for the use of my son Bryan during his life and after his death for the use of his sons John & Jasmy and I hereby empower my Executor before named & Trustees to divide the lands as equally as may and to apply the use for their support of my two grandsons John & James for them other keep as such manner as they think best. Having unbounded confidence in my sons my Executors & Trustees. I have only to add that I trust them, to dispose of all the trust & to converse the control over the property as well as their legal duty so as to severe the come fooly the promotin the convenssence of my dear children & grandchildren referred to and blessed they think it best for them to occupy the lands who posses the slaves and whether should be sold by neglect my Executors & Trustees to be held responsible or my dear at a dollar & both other representatives well have much to do to attend to their own concerns I also autheorize my Executors & Trustees in applying the use benefit of the slaves that may constitute this job for the use of my son Bryan his children to bare in mind the land for the use of Isaac & William the sons of Bryan and make such dedications a special their benefit buss of the Homes as may my Esecutors & Trustees may think right on order that being other children may not be too much injured in that will or apportion has and of land was d ensgity? And as the division as trust the use of my daughter Chelly Murphy her children for the uses ? of my daughter Ann McAlllester her children. If my Executors & Trustees should deem it best to sonfide the sotisfaction to either of my sons in Levy May care do to without hazard on his part affecting either them or representatives but they are at liberty to use such for cautions as they deem best or as may be come to preserve the property to be applied in furthermore of the gaial object I have in vew a provision for my daughters & thier children. I appoint my son Isaac & William Executors & Trustees of the codecel as with as of them wasdle? now the possession of my nephew David Wright dated or will or I recoded as before stated and I also appoint them guardians of my grandchildren before named viz the sons of my deceased son doctor John B Wright In uncharge whereof I have hereunto set my hand & seal My 11th day of November 1839 recorded in the presence of James Wright John G Hill Seal Daniel Bowden Henry Bowden State of North Carolina Court of Please and Quarter Duplin County Sessions---April Term 1840 the written paper rewriting purpoting to be a codicil of the last will and testament of James Wright died was produced in open court and the execution thereof was duly proven by the auths of John S Hill Daniel Bowden and Henry Bowden subscribing witness thereto whereupon it is ordered by the court that the same be enrolled with the last will and Testament of James Wright died. Test James Dickson Clk Last will--Testament & codicil of James Wright died April 1840

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