Will of James Williams, Sr.

Transcribed by Alice Kennedy Lee

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

James Williams, Sr. {Seal}

 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.

J.H. Jeriman, CLK
By B.F. Grady, DClk

 On motion the Executors therein named qualified as such, ordered that letters testamentary issued.

J.H. Jeriman, CLK
By B.F. Grady, DClk
Here are photocopies of the original will:

Original Will Page 1


Original Will Page 2


This will is not to be copied and posted on any other site!

Back to Duplin Will Index