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!


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