Warren County February Session 1832.
This paper writing, purporting to be the last Will and Testament of Obediah Earles, deceased, was exhibited in open Court for probation, and the execution thereof being proved by the Oaths of Sarah A. C. DANIEL & Emily H. DANIEL, subscribing witnesses thereto, and on motion, the same is ordered to be recorded.
Test. C. DRAKE
In the name of God Amen, I Obediah Earls of Warren County, State of North Carolina, being of a sound and disposing mind, do make and ordain this my last Will and Testament; in the form and manner following. (to wit)
Item: I give and bequeath to my daughter, Tolley (Sally?) Earls, one Negro boy, the name of Charles, also one feather bed and furniture, to her, their heirs forever.
Item: I lend to my beloved wife Joice Earls, all and singular, my goods & chattels, both real and personal, to her during her natural life, and at her death, my desire is that my estate so constituted, should be equally divided between all my children. William Earls, deceased, children to have one share to them, their heirs and assigns, forever.
My desire is, and I hereby nominate and appoint John DANIEL as my sole executor to this my last Will and Testament. In witness whereof, I have hereunder set my hand and affixed my seal, this 23rd day of February 1829.
In presence of
Sarah A. C. DANIEL
Emily H. DANIEL
(
Warren County, NC
NC Dept of Archives
Book 40 Page 90& 91 C# 100.427
In the name of God Amen I Peter R. Davis of Warrenton in the County of Warren and state of N. Carolina being of sound mind and memory do make and declare the following to be and contain my last will and testament, revoking all other wills by me made and adhering to this only in manner as follows to wit.
1st I give and bequeath to my sister Rebecca WILLIAMS the tract of land that I received from my father and also the two small tracts of land adjoining, one of which was purchased from Kearney, and the other was purchased at a sheriffs sale as the property of Thomas CLARK, also one-fifth part of all my Negroes except Kinchin and Charles.
2nd I give to my sister Nancy POWELL one-fifth of all my Negroes, except Kinchin and Charles.
3rd I give and bequeath to the four children of my sister Elizabeth PITCHFORD one-fifth part of all my Negroes (except Kinchan and Charles) to be equally divided among them and in case either of my said sisters children shall die before me then the share of such deceased child is to go to the child or children of the deceased parent, that may be living at the time of my death.
4th I lend to my sister Polly KEARNEY the use of one fifth part of all my Negroes (Kinchen & Charles excepted) until the oldest or one of my said sisters children arrives to the age of twenty-five years, at which time I direct that the Negroes lent my said sister shall be equally divided among all the children of my said sister, share and share alike, but if my sister Polly should die before either of her children arrives at twenty-five years of age. I then direct that the division take place at her death.
5th I give and bequeath to my brother Stephen DAVIS one-fifth part of all my Negroes except Kinchen and Charles
6th I give and bequeath to my nephew Peter DAVIS son of Stephen Davis my Negro man Charles.
7th I give to my niece Mary WILLIAMS daughter of my sister Rebecca WILLIAMS my Negro man Kinchen.
8th I give my friend George ANDERSON all my right and interest in the houses and lots wherein wherein Thomas REYNOLDS lives in Warrenton which lots & houses at presently belong jointly to the said George ANDERSON and myself.
9th I direct my executors or either of them to sell all my stock of horses except ten work horses to be selected by my brother Stephen , which I give to him. I also direct my executors or either of them to sell the tobacco that may be on hand or that may be growing at the time of my death, and the money arising from the sale of tobacco after taking out the expenses of getting to market and selling. And the money arising from the sale of horses together with all the money I have on hand and all that can be collected of what may be owing to me, and all bank stock or stock of any incorporated company that I may own at my death, I wish and direct to be divided in manner as follows to wit-
One fifth part to my sister Nancy POWELL One fifth part to my sister Rebecca WILLIAMS One fifth part to my brother Stephen DAVIS One-fifth part to my sister Polly KEARNEY. And one-fifth part to be equally divided between my sister Elizabeth PITCHFORD and her four children.
I give and bequeath to my brother Stephen DAVIS his heirs and assigns forever all the rest and residual of my estate of every description, he paying all my just debts, but if it should so happen that my said brother should have to pay more than six thousand dollars for me on account of debts or other liabilities or responsibilities for which I may be liable, then and in that case it is my will that the legacies given to my four sisters and their children shall be bound to pay their proportion of such except over and above the six thousand dollars to wit the legacy to my sister Nancy to be bound for one fifth of the except the legacy to my Rebecca for one fifth the legacy to my sister Elizabeth and her children for one fifth and the legacy to my sister Polly and her children for one-fifth-My meaning and intention is that I have given my brother Stephen more than any other legatee and the he should pay on my account if my estate should be liable to that amount, the six thousand dollars before he should have the right to call on the other legatees, for their proportion of what he might have to pay over and above that sums……..
In order to avoid any misunderstanding I now say that the expenses attending the settling of my estate is be taken out of the funds set apart for division, but the debts owing by me at my death are to be paid by the residuary legatee as herein before directed. No claims are to be allowed as due by me to any of my relatives, and none to be claimed by my Execs. From them except the same in either case is due by bond-I hereby appoint my brother Stephen DAVIS and Wmn E. WILLIAMS Executors to my will made this 2nd day of June 1836.
Warren County May Court
1850- this will was recorded pursuant to the order Page 297
John White, Clerk