LAST WILL AND TESTAMENT OF JESSE WILLIAMS (1853)Transcribed by Elizabeth Bostic Ross and Jesse Thomas Bostic, Jr.
In the name of God Amen. I JESSE WILLIAMS [son of JESSE and ANNE WILLIAMS] of the county of Duplin, State of North Carolina do make and publish this my last will and testament in manner and form as follows TO WIT: In the first place I commend my soul to God the author of all good and my body to be buried in a Christian manner. As to my earthly substances I desire to dispose of them in the following manner.
Item 1: To my beloved wife SARAH I give and bequeath the one third of the land on which I now reside on the East side of Muddy Creek including the dwelling house to her for life in lieu of dowers and after her death to go as hereinafter provided for. I also bequeath to my wife SARAH one hundred and fifty dollars to be paid by my executor hereinafter named, as her necessities may require, also one bed, bedstead and furniture, two cows and calves.
Item 2nd: I give and devise to my sons JESSE and THOMAS H. WILLIAMS all that part or portions of my land situate and lying on the West side of Muddy Creek in the County of Duplin to them and their heirs forever, share and share alike.
Item 3rd: To my son LUCIAN, I give and devise my land on the East side of Muddy Creek subject to the heirs part given to my wife SARAH, for life, as aforesaid to be given to the said LUCIAN for life for his proper support and maintenance, and upon his death without issue these said lands to go to my daughters MANERSY and SARAH ELIZA BOSTICK wife of JOHN [MILLER] BOSTICK to them and their heirs forever, share and share alike.
Item 4th: To my daughter MANERSY I give in addition to the lands above named, one bed, bedstead and furniture our loom and gear to her and her heirs.
Item5th: To my daughter MINERVA SLOAN, wife of GIBSON SLOAN, I give one hundred and fifty dollars to her sole and separate use and not to be under control of her said husband and to be paid my said daughter as her necessities may require.
Item 6th: To my daughter THERESEY SLOAN, wife of MARSHALL SLOAN, I give one hundred dollars to her sole and separate use and not to be under the control of her husband to be paid by my executor as she may need it.
It is my will and desire that one acre of land covering the family graveyard should be kept and set apart as a burial ground and kept for that purpose.
As to the balances and residue of my property consisting of my Negro man FRANK, household and kitchen furniture, horses, cattle, hogs, sheep, waggons [sic], cart, farming utensils and other articles I will to be sold, to pay off all my just debts and the legacies herein provided for, and the balance if any to be divided among my children, JESSE, THOMAS H., MANERSY, and SARAH ELIZA, share and share alike.
And I do hereby appoint and nominate my son JESSE WILLIAMS Executor to this my last will and testament hereby revoking all others by and heretofore made.
And I do hereby give to my son EDWARD WILLIAMS the sum of ten dollars which legacy was omitted in the body of my will.
SIGNED, sealed, published and declared in presence of ü JESSE WILLIAMS
JOHN WHITHEAD ý January 30/53 [sealed]
CHRIS. B. WHITEHEAD þ
STATE OF NORTH CAROLINA
Duplin County Court. April term1857.
The foregoing paper writing purporting to be the last will and testament of JESSE WILLIAMS Senior deceased, is exhibited in open court for probate by JESSE WILLIAMS Junior the Executor Iturim Numero [denotes executor designated to again list all possessions for probate] and the due execution thereof by the said JESSE WILLIAMS is proved by the oath and examinations of JOHN J. WHITEHEAD and CHRISTOPHER B. WHITEHEAD the two subscribing witnesses. It is therefore considered by the Court that the said paper writing and every part thereof is the last will and testament of the said JESSE WILLIAMS and the terms should be recorded and filed. And therefore the said JESSE WILLIAMS Junior Executor as aforesaid duly qualifies as such by taking the oath required by law. And it is further ordered that Letter testamentary issue to him.
JOHN J. WHITEHEAD, Clerk
[ ] Indicates transcribers' note
Copy obtained from the North Carolina Department of Archives and History.
Names included: Jesse Williams, Sr., devisor and his wife Sarah, devisee. Children: Edward; Jesse, Jr.; Lucian; Manerva Williams Sloan, wife of Gibson Sloan; Manersy ; Sarah Eliza Bostick, wife of John Bostick; Theresey Williams Sloan, wife of Marshall Sloan; and Thomas H. Negro man: Frank. Witnesses: Christopher B. Whitehead and John J. Whitehead [clerk].
This will is not to be copied and posted on any other site!