Will of William McGinsey Book A, page 22 In the name of God Amen. I, William McGinsey, being of sound mind and disposing memory do make and ordain this to be my last will and testament. In the first place my will and desire is that in the event of my dying in this section of the country, that my body be decently buried by the side of my wife in McDonell's graveyard Hill and that my executors have my grave and that of my wife and deceased child all inclosed with one wall of stone and that they provide suitable tombs then for each of the graves and that the expenses be defrayed of any money which may come to their hands. 2ndly I will and desire is that my executors sell the lands lying on Elks Branch on the waters of Watauga which are now in suit between Patty Howard and myself so soon as the same shall be determined in my favor upon a credit of twelve months taking bond and approved security from the purchase. Also upon the same terms the shares of thence of the heirs or legatees of R. White in a one time and acre tract placed on the Oar Bank of Crauley [?] and by my executors in this state to my executors in Tennessee for the purpose of being by them invested in the purchase of lands in the state of Missouri at government price for the use and benefit of my son Robert V. McGinsey his heirs and assigns forever. And I do hereby give and devise unto my said son one hundred and sixty acres of land in the state of Illinois the particular location of which may be in reference being that to the deed for on the same to his heirs and assigns forever. 3rdly I give and bequeath unto my son Robert V. McGinsey all my slaves except four, to wit Sarah, Matilda, Marcus and Edmund, to him and his assigns forever. The then first of the excepted slaves, my will and desire is shall be sold upon a credit of twelve months in the fall of 1831. 4thly I give and bequeath unto my beloved mother Flora M. McGinsey my negro boy slave Edmond also one good bed and furniture to her and her assigns forever. 5thly I give and bequeath unto my beloved son Robert V. McGinsey two good beds the same which came by his mother with all the furniture which came with them the bureau which was his mother's all her jewelry, all my books, all my paintings, all my silver plate, my long looking glass, all my glassware and one half of all the balance of my household furniture short a counterpane, and blankets to him and his assigns forever. 6thly All the rest and residue of my domestic furniture consisting of articles such as are before mentioned I give and bequeath unto Flora McGinsey, my mother and her assigns forever. 7thly My will and desire is that is that my executors sell all the rest and residue of my property upon a credit of twelve months taking bond and approved security from the purchases saving and excepting however my best wagon, gear for five horses, jackscrew and the following horses, to wit, my bay mare Nancy, my bay mare Fanny, my gray mare, my horse Charley and my sorrel horse with a blaze face and also the tract of land which came by my wife and which I now reside, my wagon and team I wish removed for the purpose of removing my negroes to the state of Tennessee as hereafter described if necessary to remain there only until a suitable purchase can be made of land in the state of Missouri as hereafter described and to assist in the cultivation of said land. I wish the negroes which I have directed to be sold and all my stock of horses as before excepted, my cattle, hogs, sheep and crop and all other property not otherwise disposed of to be sold on the same day or the sale continued from day to day except my lands. I wish those on Elk on the Watauga and my interest in the one hundred acres of land in Cranberry to be sold by my executors in the respective neighborhood and if a favorable opportunity offers at ___. 8thly I will and desire is that all the property which I have left to be sold in the fall of 1831 except the lands on Elk upon a credit of twelve months and that the money be collected as soon as possible after it becomes due by my executors in this county and paid over to my executors in Tennessee, and it is my wish and desire that they will apply the same to the expenses necessary incident to the removal of the places which I have given to my son Robert V. to the state of Missouri and in the purchase of land in said state at government price the expense of settling them on land so to be purchased and that the negro slaves which I have given my son to be removed to said state of Missouri and be worked together upon said land and that they be in no event hired out and that a suitable person be hired from time to time to superintend said slaves and the management of the farm and be paid by my executors out of any moneys which they may have in their hands or by a sell of the crop as my executors may think most advisable. 9thly I wish my executors in Burke to rent or lease out the land which I live on which have descended to my son Robert V. McGinsey subject only my rightly as tenant by the ___ but should my said son die before he obtains the age of twenty one years then I deem unto Robert McDowell Tate his heirs and assigns two thirds, to William F. Tate his heirs and assigns one third of whatever inherit I may have acquired in said tract of land by virtue of a certain deed of relinquishment and ___ __ James S. Tate, Eliza G. Tate, William J. Tate and Thomas Cofy and Mary L. his wife to my right or interest which they have or may not have to the aforesaid tract of land ___the ___ __ executors shall be assured by them in when they have confidence that they can leave the gold mines on said lands then my desire is that they shall __ to procure an order of the Court of Equity decreeing a sale of said tract and if practical that the money be drawn by my said executors in the county and invested by them in the purchase of lands in Missouri at government price for the benefit of my son Robert V. his heirs and assigns, and in the event of his death before the age of twenty one years without issue then I devise to the said Robert McDowell Tate his heirs and assigns two thirds and to William J. Tate his heirs and assigns one third of any interest which I may have in said lands by virtue of the relinquishment aforesaid. 10thly In the event that my son Robert V. McGinsey shall die without issue and before he arrives at the age of twenty one years then I give and devise unto the children of my brother John W. P. McGinsey their heirs and assigns all the property which I have given including the negroes or directed to be settled for the benefit of my said son except my interest in the tract of land last above mentioned. 11thly In case the debts due me should exceed what I owe then I wish the surplus when collected to be paid out in the purchase of lands in Missouri subject to the instructions above mentioned, terms and conditions given in this my last will in the other case when lands have been directed to be purchased in that state and in the event of the death of my son without issue before twenty one the lands so purchased to go to my brother's children their heirs & assigns. 12thly I do hereby nominate and appoint my friends Charles McDonell and John Rutherford Jr. of this county of Burke and my brother John W. P. McGinsey and T. James Dobbins of the county of Maury and state of Tennessee my executors to this my last will and testament with an earnest request that the two former will perform the trusts which are to be executed in North Carolina and the two latter the trusts which are to be executed out of this state, but I more particularly commend unto my brother John W. P. McGinsey the guardianship and education of my infant orphan son and request that he will take him home with him and keep him until he is old enough to be placed at school and then will give him a liberal education. Though it is not my wish that he should study a profession. I am anxious too that he shall remove his slaves and such moneys as may be coming to him whenever my executors in this state shall be ready to deliver over the same and that he will invest the money in the purchase of lands and see that the same are managed with presence and skill until the arrival of my son to the age of twenty one years according to the direction of this my last will and testament and should my said brother die before my son arrives at lawful age that is to say before twenty one it is my wish and request that the said Robert McDowell Tate will take charge of his education and property and manage the same under the conditions heretofore contained. In witness whereof I have hereunto set my hand and affixed my seal at my residence in the county of Burke this 22nd day of December 1830. Signed sealed and delivered to be his last will and testament in the presence of us O. B. Irvine, John Wakefield, Abner H. McKenzie /s/ Wm. McGinsey State of North Carolina, Burke County} Court of Pleas and Quarter Sessions, April Term 1831 The last will and testament of William McGinsey deceased was presented in open court by Charles McDowell one of the executors therein named and proved by the oath of John Wakefield and Abner H. McKenzie two subscribing witnesses thereto and on motion of said executor who qualified according to law ordained that certificate of probate be granted unto him. J. J. Ervin, clerk ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. 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