see also: Rebekah Williams, Surry Co., N.C., 1831
Joseph Williams, Surry Co. N.C., 1812
In the Name of God Amen This 28th day of Jany in the
year of our Lord Christ 1812. I JOSEPH WILLIAMS of the county
of Surry and State of North Carolina being in perfect health and
sound and disposing mind & memory thanks be to the creator of all good and
knowing that it is allotted for all men to die do make and ordain this to be my
Last Will and Testament. And first I recommend my Soul into the hands of Mighty
God who gave it and my body to be committed to the Earth in a decent Christian
like manner at the discretion of my Executors hereafter to be named; And as to
my worldy estate I dispose of in the following manner.
Imprimous. I lend to my beloved wife REBECCAH the one half of all my Horses & stock of all kinds and the one half of my household & kitchen furniture and the one half of all my negroes excepting what I have absolutely given to my children and shall give before my decease and excepting what I hereafter lend to my afflicted son NATTY, which are here included in his half and also the one half of the whole of the tracts of land adjoining each other and plantations thereon whereon I do now live, containing in the whole of said tracts adjoining each other near two thousand five hundred acres, to be as equally divided in quantity and quality and equally as may be & her half to include the mansion house and outhouses &c. together with half my plantation tools during her life or widowhood.
But in case she marrys she is to have but a childs part of negroes & furniture during her natural life and forfits by said marriage all rights of any kind of stock and all rights to any part of my lands estate whataever, and also any part of monies in hand or due my estate, or childs part & no more of the negroes, one of the half above loaned to my wife during his natural life, one to nurse him and the other to labour for his support and should either of them die, or be disabled he is to be again supply'd out of the half loaned to my wife.
And it is my wish that his mother keep him NATTY and the negroes for his support during her life or widowhood and whenever she dies or shall marry I request that some of his brothers will act as his guardian and for this purpose I now name JOSEPH, ALEXANDER and NICHOLAS, who are sure likely to continue in this part of the country.
Item: As all my sons NATTY excepted have finished their education, but ALEXANDER & NICHOLAS, it is my wish & desire that they be as well educated as the rest generally are, out of the monies arising out of my whole estate. But in case any accident may happen that they may not have an opportunity or that their talents are incapable of receiving learning and it should be thought advisable by my Executors not to spend the money on them or either of them in that way that he or they do not educate are to have & receive as much in money or property as shall be adjudged would have educated him or them as well as the rest, over and above those whose education is compleated as aforesaid.
Item: In order to explain what negroes I have & ordain absolutlely give to my children I will here mention Viz. To JOHN I have & do hereby give JACK, NED & ISBELL. To WILLIAM I have & do hereby give JIM, LYDIA & her two children SALLY & CYNTHIA, though these females just mentioned are to be subject to an article of agreement made & entered into on the 17th of September A.D. 1808 by myself and the said WILLIAM WILLIAMS. To ROBERT I have & do hereby give WILL whom I got of HENRY SPEER, GARNER & LITTLE WILL And to JOSEPH I have & do hereby give LOU, MALL & RACHEL, the use of my negroes to wit CARY & his wife TABB and all Tabbs increase younger than RACHAEL, I have put & do let them continue at the same --- - to ajust in making and burning lime &c. But I do not yet give them to anyone and are to be considered among my general stock of negroes And in order that an ajustable division be made my four Sons above & last mentioned as also all those of my children to whom I may hereafter make gifts before my desires are to make a return of the negroes & lands Horses & furniture &c. to them given together with every other article or thing to them given by me since they have --- for themselves enough cloathing pocket money &c in the same manner as the acts of Assembly directs in cases of intestate estates & that a division be made accordingly.
Item: As I have a number of sons, all of which I wish to be well educated so as to enable them to pursue either Sales, Physick or Devinity which ever their indications leads them to and as at this time two of them Viz ROBERT & JOHN are at the Bar. I so conceive that each of them cost me at least five hundred dollars over & above their schooling expences & to obtain their legal knowledge & furnish them with such books as I have done, it is therefore my Will and desire that the sum of four hundred dollars be apporopriated to each of my other Sons for the purpose of accomplishing their studies & pursuing the necessary books for those who undertakes either of those occupations if they choose to study as aforesaid or should either of them prefer the farming or any other business to studying as aforesaid he or they are to receive five hundred dollars either in money or property as most convenient by the executors over and above what ROBERT & JOHN are to have (they having already obtained their legal knowledge & books).
And as at this time JOSEPH & WILLIAM are pursuing the farming business & none of those studies & probably never will, I therefore have given & paid JOSEPH five hundred dollars in the tracts of land bought of LEWIS WHEALISS, which I paid for & is to be considered in full for his $500. But WILLIAM is yet to receive his five hundred dollars in money or property as is most convinient to my Executorss- And I do also bequeath the said sum of five hundred dollars to each of my other younger Sons, Viz. LEWIS, THOMAS, LANIER, ALEXANDER and NICHOLAS more than I do to ROBERT & JOHN on the aforesaid principle unless before my decease they or some of them should accomplish their studies & be furnished with books &c in full or in part and I having paid for the whole or part though share of them & in that case the whole or the part of said $500 as the case may be they or either of them are not to draw But only the balance of any & that in money or property as aforesaid so as to put them in the same situation in due respect with ROBERT & JOHN.
Item: It is my Will & desire that the other half of my negroes, Horses and stock of all kinds, furniture & tools of all, house, monies in hand & debts due my estate and every other article of what nature or what soever not loaned to my wife & son NATTY be equally divided among all my children (NATTY excepted). by valuation or appraisement as a majority of my Executors may think best. Taking into value all the other negroes, houses and other articles I have heretofore or may hereafter give to any of my children at or about the time they received such property so as each and every one may share as equally alike as possible.
Item: As it is impossible to know how much land I do own and may have a right to as a large quanity depends on the decisions of suits that are now or may hereafter be commenced. It is therefore my Will and desire that all my deeded lands, both on the Eastern & Western waters of ---- --- soever I may recover except what is otherwise disposed of by myself or attorneys in fact & what my Executors may think proper to sell to pay of the legacys and my just debts, which they are hereby fully authorised to do and all the rest & residue of my estate of what value or kind soever of any discription be equally divided among my following children, Viz. ROBERT, JOSEPH, JOHN, WILLIAM, LEWIS, THOMAS, LANIER, REBEKAH, ALEXANDER, FANNY & NICHOLAS LANIER to them and their heirs forever.
And it is my Will that the said lands be divided by tracts as they are and stand connected & not by such divisions of every tract so far as they will adjust, respect being had as to their value & quantity & quallity. And should there be a sufficiency for the whole tract I now live on containing near two thousand five hundred acres to be appropriated to one child only, I do now appropriate the said tract to my youngest son NICHOLAS LANIER to take possession of the half thereof immediately after my decease and the other half at the death of his mother or when ever she ceases to be a widow, And should this appropriation be too much for his share by upwards of one thousand dollars, he is to have & receive only that half loaned to his mother whenever the said loan extinguishes. And should that half be too much for his share of my landed estate he, NICHOLAS is to pay the surplus into the general stock within three years after he becomes of full age.
This possession thereof for said three years and also if the whole tract should be allotted to him & he not more than one thousand dollars worth as aforesaid more than his share he may keep the whole & have three years as aforesaid to pay the $1000 stock report being the time in each case to the time he may get possession of the half or the whole as the case may be. Item: It is my Will & desire that in making divisions of my estate among my Wife and Children that they or the executors Judicious persons to value & appraise all but as they may think proper to sell & make their divisions accordingly.
Then if any discontent should arise among my said legitees or any of them in any manner whatever concerning the division and settlement of my said estate, it is my ernest wish & desire that they & any or all of them refer any disputes to any set of judicious men indifferently chosen not exceeding twelve without entering into law between and among themselves. And should either one or more of my legatees be hardy enough to refuse to open his her disputes as aforesaid but have recourse to law or refuse to refer & comply as aforesaid and enter into law wheather or not; There and in that case it is my position will & order that he, she or they so refusing to refer their disputes and differences in manner aforesaid & abiding by the award of the referees forfet all right, title, claim and interest in and to any part of my estate or legacy by me now made to him her or them & all bequests & legacys by me now made to him, her or them are hereby revoked and made null & void in consiquance of such refusial which forfiture of takes place I hereby direct to be divided among those who are willing to comply with this clauses and are satisfied without entering into law at all Mind this is my will, desire and last request.-
Lastly I do appoint my beloved wife REBECCAH WILLIAMS Executrix and my Sons ROBERT, JOSEPH, JOHN, WILLIAM, LEWIS, THOMAS LANIER, ALEXANDER & NICHOLAS, LANIER, WILLIAMS Executors to this my last will & testament.-In testimony whereof I the said JOSEPH WILLIAMS do hereunto set my hand and affix my seal this day & year first above written.
J. WILLIAMS (seal)
Signed, Sealed, ------, published
& delivered in the presence of
ROBERT (F) FREEMAN
J. WILLIAMS, JR.
A codicil to the foregoing last will & Testament of JOSEPH WILLIAMS. I having written this Will in the year 1810 but did not execute it until January 1812. I therefore think it necessary to make this Codicil this 7th day of January 1817. And do revoke entirely that clause naming the negroes given to my son JOSEPH and it is hereby expunged and do now substitute the following Viz, And to JOSEPH I have and do hereby give negroes CARY, SAM, & TUBB together with Tubbs three youngest children Viz, DAVID, NANCY & LOUISE to him & his heirs forever. The rest of my negroes towit, MOLL, RACHEL, & HORACE (Tubbs children) now at JOSEPHS at the Lime Kiln I shall let them remain there during my pleasure, to assist toward burning of lime &c &c But I do not give them yet to any one and they are to be considered to be among my general stock.
And as JOSEPH is now settled at the lime kiln & occupying the land I bought of LEWIS WHEATLESS & caused LEWIS WHEATLESS to convey it immediately to JOSEPH. It is my will and desire that all the land I bought of REUBEN WHEATLESS as also all the several tracts adjoining thereto including the Lime quarry & kiln be alotted to JOSEPH & his heirs &c. And should all these and the tract over the river opposite to me, which I heretofore gave him which he might now account for, be considered of more value than his real share he must pay up to the general estate whatever may be thought just by men to be chosen as mentioned in the forepart of this will.
And it is possible before my decease, I may purchase some lands adjoining the tract I now live on meaning Kerbys tract, should that be the case my beloved wife may still occupy the one half of the whole of those tracts connected with each other of the above, yet should these tracts be put into one land or three lots for my children as the case may so happen, but by no means over three would I wish it. I will that what my wife occupys be in each childs division as much as possible, so as they be not deprived of good settlements during their mothers lifetime, Should there be three lots only I recommend that Lewis occupy one of the three if he choses as all my other sons have moved away and settled. As it is impossible to forsee disasters that may happen among my negroes before my wife takes her half loaned to her, my will and desire is that she have at least fifteen of what may be in possession at my decease, upon the terms mentioned in the body of this will. Viz: Loaned during her widowhood, And I do hereby give unto and authorize my said wife at any time she may think proper to select out two of those negroes of an average value to the rest in her possession and give them to either of her children, or grandchildren as to her seventh right to them and their heirs forever, but to none further off connected, is she to give them, nether are they given upon any other terms, only to give to her children and grandchildren.
Since writing this will in 1810, my son THOMAS & my daughter REBECCAH have married and I have made the necessary provision for them for the present. And I wish whenever any more of my children marry or settle for themselves that the Sons be also provided for out of that part of my estate not loaned to my wife as near as may be with those I have already provided for on their just settling off. As my intention is to do to each alike as near as possible ultimately, although I may at first give more to my daughters than to my sons, yet the sons each must be fully provided for.
And if that my daughter FANNY should marry to the satisfaction of her mother, that she also be provided for as near as may be, as I have done to my daughter REBEKAH, but in case she marrys not to the satisfaction of her mother that she be only provided for in the first instance as I have provided for her brothers. Yet ultimately she is to be equal with her sister BECKY and all of my children as nearly as it can conveniently be come at. And that all be settled without going to law under the penalities as afore mentioned in the body of this my will.
I will further now mention what negroes I have & do give unto my children since those named in the body of my will & those to JOSEPH in the first part of this Codicil to said Will. Viz. To REBEKAH I leave and do give Negro man PETER, his wife JESSE & her two children LITTLE PETER & DOM, and CRALOR:(?) -BER(?), LOU, SOLOMON to her & her heirs forever. To THOMAS I have & do give a young negro woman named JENNY & two boys named PUTNEY & BARTLETT to him & his heirs forever. In witness whereof I do hereunto set my hand & Seal this 7th day of August AD
1813. JO. WILLIAMS(seal)
In another Codicil to the last will and testament of JOSEPH WILLIAMS I having written a Will in the year 1810 but did not record it until the 28th of January 1812. And on the 7th August 1813 made a Codicil to the same both of which I do now again ratefy except those parts where the former is superceeded by the later. And do this day the of December AD 1819 make this another Codicil to my last Will & testament as follows Viz:
As my Son WILLIAM has departed this life and left only one chilld to survive him, I do now revoke entirely all that clause wherein I was to give to him my other part of my estate of any discription whatever more than he had received heretofore and had in possession at the time of his death and the said clause or clauses are hereby revoked accordingly by me. Those being now revoked I do hereby give and bequeath unto his daughter SALLY WILLIAM being my grand daughter one third part of all and everything of any discription whatever that would have fallen to my Son WWILLIAM had he lived and this clause of revocation had not been made, to her & her heirs forever upon the following condition, Viz:
If said SALLY WILLIAMS daughter of said WILLIAM should die before marriage, the whole of that part of my estate falling to her by this clause is to revert into the family of the William's being the paternal line, to them and their heirs forever. And further in order to remove some doubts that possibly may arise I do now endeavor to explain them. Viz:
Since writing the other Codicil dated the 7th of August 1813, I have made several purchases of lands adjoining my Manor house Viz, COL. MOSLYS, SPOONS(?) of THORNTONS of MARK HOLLEMON, Sweats River tract, all of which are now considered by me as attached to this the manor house and including Baughs place and to be considered so. And further I ----lodged my Son JOSEPH to burn & selllime at my kiln and put some of my negroes there to assist him, he was to keep an account of all the profits and account and pay me the half which he did up to the time CHARLES BAGGE (below Latem(?) built his large house which he has not remitted to me any part thereof, but is hereafter to render an account & settle and pay my estate the one half of all the sales of lime & Stone he has made and will make before my decease since the lime of Bagges house being built as aforesaid. And I now direct that my Executors allow him ample for his trouble wherein he and WILLIAM THORNTON had in recording & ---- up my office which was considerably behind.
And whereas since I made the Codicil of the 7th of August 1813, RACHAEL one of the negroes I sold to stay at the lime kiln has died, I do consider her my loss and not JOSEPHs as perhaps it may by some be conjectured.
And further as all my healthy children have married except LEWIS, ALEXANDER & NICHOLAS, the latter of which has not yet finished an education and perhaps may not have perserviance to do so, as I wish before he may arrive fully to twenty five years of age in which case it is my Will and desire that he does not take or receive any part or parcel of my estate of what nature & kind soever into his possession untill he arrives fully to twenty five years of age.
And I do hereby nominate his brothers JOAWPH, LEWIS, ALEXANDER, JOHN, & THOMAS or either of them his guardians to take possession and charge of all that part of my estate, which may be alotted to him & keep it in their possession untill he compleats an aducation or arrives to the full age of twenty five years to be at the guardians discression.
And further there is some consideration to be had respecting the times my children got possession of what they have already received of me for instance THOMAS has been married many years & LEWIS yet single & living with me, Thomas' negro family inpart have increased LEWIS having none in possession of coarse did not increase. Now on a division of what I leave respect ought to be had to that and all Similar cases, so as to make each childs part fair & equal as possible by taking into consideration the times they did receive of me & the ages of each of my children when they got possession and especially of property that may increase in number and volume.
Item: I now lend to my beloved wife REBEKAH over and above what is loaned before in the fortepart of my Will & of this Codicil, during her natural life or Widowhood. My mill and the two tracts of land To wit, one of eight acres on which the mill is, the other of two hundred and twelve acres adjoining the same Tract. And also I leave her my part of the Shad fishing and the fish trap altogether And lastly I do now ratify the will executed the 28th of January 1812 and the Codicil executed the 7th of August 1813 and also this Codicil except those parts revoked as therein mentioned. In testimony whereof I do hereunto set my hand & Seal this day of December AD 1819. JO WILLIAMS (seal)
I having written my Will in the year 1810 but did execute it until the year 1812. In the year 1813 made a Codicil to the same and in the year 1819 made a second Codicil all of which I do again certify and now in the year 1822 January the 14th do make this a third Codicil to my Last Will and Testament and to be executed as such are to be part of the same. That if either of my Sons Vis: LEWIS, ALEXANDER or NICHOLAS are desirous of dividing my Manor tract of land into three parts including all those I purchased adjoining or ---- in the second Codicil and including the Forkum tract & is my Will and desire.
It is my will and desire that it be divided as among them three Sons, as there is sufficient quantity to make three comfortable reals(?), one for each of them, Yet it is left ------tionary with those three Sons to divide to their own Satisfaction and account to the other legetees for their value &c. And the part or share of my estate which would have fallen to my daughter FANNY as the will now stands, I do hereby revoke entirely and she is not be have any share thereof more than the five negroes and some other property I did give and deliver to her VIZ: CLAROTT and boy SQUIRE, PILLAR & girl VIOLET & DORCAS a young woman But BOOKER & BETTY I only loaned. And I do hereby divise and bequeath to my son JOHN WILLIAMS all that part of my estate that would have fallen to my daughter FANNY ERWIN(?) to them the said JOHN and THOMAS WILLIAMS to hold the same for the benefit of the children now born or may be born of my daughter FANNY ERWIN. And I do hereby invest said Trustees with absolute and uncontestable power to manage the estate hereby divided to them in whatever manner to them may seem best either in making sale of the same and to make whatever other dispositions thereof they may deem just & necessary. If it should be thought right by my said Trustees they are requested to permit my said daughter FANNY ERWIN to use and enjoy the property, or any part of it so devised to the said children and in no event are they the trustees to be held answerable for what may be done in relation to the contract and management of said estate -
And whereas in the Codicil of 1819 I have mentioned the circumstances of my son JOSEPHs burning lime, I now again repeat and that he is to render an account of all as therein mentioned and acco't for the same with my executors &c. In testimony whereof I the said JOSEPH WILLIAMS do hereunto set my hand and affex my seal (No witness being present) this 16th day of January AD 1822.
JO WILLIAMS (seal)
1. JOSEPH WILLIAMS SR. of the County of Surry and State of North Carolina do make and ordain this Codicil to be taken as a part of my last Will and Testament as follows, that is to say: I give & bequeath unto my beloved wife REBEKAH during her natural time and or longer the bank stock of which FANNY died sized and possessed.
2 Whereas some of the negroes belonging to my family have lately set up claims to their freedom and have instituted or are about to institute suit for the same against myself or my heirs, now therefore be it known that of the said negroes should recover their freedom as aforesaid, it is my Will and desire that the loss arising from said recovery by the said negroes should not fall upon or be exclusively borne by those heirs or children to whom the said negroes may have been given, but that the loss should be borne by all the heirs in proportion, or taken from the whole estate.
3 Whereas in my Will I have directed that the lands attached to my residence, or the manor tract as direted in my said Will should be divided into three parts so that a part might be given so my three Sons, LOUIS, NICHOLAS & ALEXANDER, they and each of them being held accountable to my other children or heirs for any excess of value in their shares of my estate.
Now therefore be it known that as my Son ALEXANDER has since become married and has settled in the State of Tennesse, I do hereby make that provision of my Will which related to his share of my Manor house and instead thereof do direct that the said manor house shall be divided into two parts for my Sons LEWIS & NICHOLAS if they should agree to take the same at their appraised value, and paying to the other heirs or children the ---- in value of their said shares of my land as aforesaid, over and above their proportion of my estate, but it is understood that my Sons LEWIS and NICHOLAS shall not be compelled to take the whole or any part of the said two divisions or parts of my said manor tract if they should think that the same is valued too highly or will bring them too much in debt, but they shall be at liberty to take the whole or any part of the said two divisions according to their own option or choice.
4 It is not intended by this revocation that my Son Alexander should be excluded & cast off from his just perportion of my estate, But it is intrusted to include JOHN P. ERWIN of Nashville except according to the terms and conditions of a Deed of trust made to THOMAS S. WILLIAMS of Knoxville and any property to which he may here after be entitled as the husband of my daughter FANNY shall not belong to him, but to his children to be held in trust for them by THOMAS S. WILLIAMS under and by virtue of the aforesaid deed of trust made to him, the said THOMAS S WILLIAMS for the purpose and objects therein specifeid. In Testimony I do herewith set my hand and seal this 27th day of June A.D. 1825.
Test: JOHN ROSS J. WILLIAMS (seal)
witness 11 Sept. 1825
State of North Carolina, Surry County, November Sessions, AD 1827
The last Will & Testament of JOSEPH WILLIAMS Dec'd was offered for probate. HENRY P. POINDEXTER & ELIAS TURNER being sworn did prove that they found the paper writing offered for probate with the Codicils thereto annexed, rolled up and secretly laid away among the valuable papers of JOSEPH WILLIAMS found after his death & HENRY P. POINDEXTER, ELIAS TURNER & SAMUEL SPEERS being sworn did further prove that the will aforesaid so found is all and every part thereof in the hand writing of JOSEPH WILLIAMS SEN'R, except the signature of Witnessess and is signed in his name in his own proper hand writing & that the three Codicils thereto annexed are also all & every part thereof in the hand writing of the said JOSESPH WILLIAMS & that the signature of his name attached to each of them is the proper hand writing of the said JOSEPH WILLIAMS dec'd.
Ordered by the court that the said last Will of JOSEPH WILLIAMS with the Codicils annexed be recorded. LEWIS WILLIAMS & JOSEPH WILLIAMS, Two of the executors therein named quallified agreeable to law. A paper writing(?) to be a Codicil to the last Will & testament of JOSEPH WILLIAMS dec'd was offered for probate by the Executors & JOHN ROSS & THOMAS THORNTON the subscribing witnesses thereto being Sworn did prove that they were called upon to witness the said Codicil by the said JOSESPH WILLIAMS, that he acknowledged it in their presence & that that they su--- the same as witnesses at his request in his presence & that JOSEPH WILLIAMS at that time of signing the same was in sound mind & disposing memory. Ordered that the same be Recorded accordingly.
JNO. WRIGHT C.C.
Surry Co., NC
In The Name of God Amen, I REBEKAH WILLIAMS widow of
JOSEPH WILLIAMS dec'd of infirm Health but of Sound and dispossing mind and
memory do make and ordain this to be my last Will and Testament as follows:
Ipermus I command my Soul to Almighty God who gave it me and request my Boddy to be decently buried at the discretion of my Executors hereafter named.
Item: Bjy the will of my late Husband I am authorized to take two Negroes from the general Estate to be given to my Children or Grand Children and I do therefore give unto my sons LEWIS WILLIAMS the Negro man named DANIEL and the Negro man named Isaac.
Item: I give ;unto my son NICHOLAS WILLIAMS the Negro WQoman PATSEY obtained from the Estate of my father THOMAS LANIER and unto the daughter of my Said Son N:ICHOLAS named BETSEY I ;give the Negro girl LUCY the daughter of the said Woman PATSEY and unto MARY LEWWIS the other daughter of my Son NICHOLAS I give the Negro Girl named CAROLINE the other daughter of the said woman PATSEY.
Item: Unto my Sons LEWIS and NICHOLAS L. WILLIAMSD I give each two beds and the necessary furniture and to them also I give in equal propotion one half of all my stock of cattle, Horses, Hogs, Sheep, Farmi;ng ;utencils, HOusehold and Kitchen furniture and the balance of my Property I wish to be equally Divided among the rest of my children or their heirs claiming in right of there Psrents who are or may be ceased. I do hereby appoint my Sons LEWIS and NICHOLAS L WILLIAMS Executors of this my last will and Testament. In witness Whereof I do hereunto set my hand and seal this the 29th day of March A.D. 1831.
REBECKAH WILLIAMS (seal)
P. HENDERSON )Jurat