ANSON COUNTY, NC - WILLS - William Bennett, 18 May 1840 ==================================================================== 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. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Martha Thayer MartThayer@aol.com ==================================================================== WILL OF WILLIAM BENNETT Vol. 5, p. 117-122 Anson County, North Carolina Dated May 18th, 1840, probate October Session 1840 In the name of God Amen, I, William Bennett of the County of Anson and the State of North Carolina do make ordain publish and declare this my last Will and testament viz- 1st It is my Will and desire that all my just debts be paid. 2nd I give and bequeath unto my beloved wife Susannah Bennett the following negro slaves Viz. Tony and his wife Timpy Ferry Stephen Betty Amy Harriet and Peter. I also give and bequeath unto her five cows an calves her choice one yoke of oxen called the yong yoke one oxcart her choice, one black mule called Fly and the youngest mule colt, two Bay Mare named, fifteen head of sheep her choice two young stears her choice all the stock of hogs the best wagon and giar all the necissary Plantation tool and all the Household and Kitchen furniture (except what I shall hereafter leave to my daughter, Nancy) during her natural life and it is my will and desire that her grain be ground at the Jones Creek Mill to be free and that she shall have all the Gold and Silver on hand at my decease and at her death that the household and Kitchen furniture and all the stock left to her my said wife not otherwise disposed of in this my last will and Testament be sold tot he highest bidder and the money arising from said sale be equally divided among all my children except Isham and William Bennett I also give and bequeath unto my said wife so much of the crop as may be on hand at my decease as may be necissary for the use of the farm from the term of one year I also give and bequeath unto my wife Susannah Bennett during her natural life the plantation and lands whereon I now live which she and Risten are to cultivate together so long as they can agree and case of a disagreement then my Executors hereinafter named are to allot to her one third part of said plantation and lands so as to include the dwelling house and all necessary out houses which she is to have during her natural life and at her death said lands and plantation to go and pass as hereafter Directed- 3rd I give and bequeath unto my son James C. Bennett the Grist Mill on Jones Creek and ten acres of Land adjoining thereto also the following negro salves (to wit) Joe and at the death of his grand mother Mary Dunn I give and bequeath unto him one Negro slave named Bob to him and his Heirs forever. 4th I give and bequeath to my son Uevil? Bennett the following Negro slaves viz, Ned Phillip Sarah and at the death of his grandmother Mary Dunn I also give him Ired and after the Death of his mother Susannah Bennett I give to him Peter to him and his Heirs forever. 5th I heretofore have given unto son William Bennett a negro man slave named Tom which has since sold by my direction and appropriated the money to the purchase of a tract of land for my son Isham Bennett I now give and bequeath unto my said son Isham Bennett twelves hundred and fifty dollars in money to be paid by my Executors hereafter name in payments as the money can be collected. 6th I give and bequeath unto my son Lemiel Bennett the following Negro slaves via Abram Elmyra Randle and Peggy and at the Death of his mother I give him Tony Tempy and Harriet but at the same time it is my will that he Lemiel pay one half (of what is thought to be a reason able price for Tempy) over to Rocksy Flake in money the above named Negroes with all their increase to be his the above named Lemiel Bennett and his Heirs forever. 7th I have heretofore given to my son William Bennett two negros named Silla and Ben and in addition thereto I give and bequeath unto him my said son William Twelve hundred and fifty dollars in money to be paid him by my executors hereafter named. 8th I have heretofore given my son Cary Bennett old Tony a slave and I now give and bequeath to him the following Negro slaves via Sally Malinda Jilson and at the Death of his grandmother Mary Dunn I also give him one negro slave named Wade and all their increase forever. I also give and bequeath unto him my said son Cary Bennett one hundred acres of land lying on the Brushy fork Branch on both sides of the Rtandback ferry Road adjoining his own lands to be laid off tot he best advantage between him and his brother Risten to him the said Cary Bennett and his heirs forever 9th I have heretofore given my son Risten Bennett one negro salve named Isabel I now give and bequeath unto him my said son Risten Bennett the following negro slaves viz. Aaron Lucy Susan Jack and his wife Sarah Eliza and Willis and their increase forever. I also give him at the Death of his mother a Negro man slave named Ferry and all of the Lands and Plantations whereon I now live containing 1300 Acres to him and his Heirs forever with the Exception of his mother's life time in it as named to her I also give and bequeath to him my son Risten all my Rights Title and Interest in and to the Widow Birmingham, Dower of land in Downer Birmingham dec'd tract near Douglass old white house. I also give him all my Black Smith Tools with fifteen head of sheep to have and to hold 10th I have heretofore given to my Daughter Rocksy Flake wife of John Flake two negro slaves named Mourning and Harriet and now give and bequeath unto her my said Daughter Rocksy Flake two negro slaves named Frank & King and at the Death of her grand mother Mary Dunn I give and bequeath to her my said Daughter Rocksy Flake three negro slaves named Edith, Watha and Monica with their increase to her and her heirs forever I also give and bequeath unto her my said Daughter Rocksy Flake and half of the price of a moderation valuation of Tenissy to be paid by Lemiel in money as named in the 6th item. 11th I have heretofore given to my Daughter Susan Little wife of George Little two negro slaves name Ciby and Uervy I also now give and bequeath unto my said daughter Susan Little five negro salves name Abram and his wife Cloe (Clov/u?) Samuel Rivan and Everet and at the Death of her mother I give and bequeath to her my said Daughter Susan Little one negro slave named Stephen and at the death of her Grand Mother Mary Dunn I give her Holden with all their increase to her and her heirs forever 12th I have heretofore given to my Daughter Mary Gaddy wife of Joe Gaddy three negro slaves viz Elder Owen and Clovine I also now give and bequeath unto her my said daughter Mary Gaddy four negro slaves named Harvey Berry Elizabeth and Carolina and at the Death of her mother I give an d bequeath to her two negro slaves name Betty and Ellen with their increase to her and her Heirs forever 13th I give and bequeath unto My Daughter Nancy Jane Bennett the following Negro slaves viz Fed Bright Strong Charlotte Darcas and Shade with their increase and at the death of her mother I also give and bequeath unto her my said Daughter Nancy Jane the following negro slaves viz Amy and her two youngest children to wit David and Emiline with all her Amy increase from the date hereof which child she my said Daughter Nancy Jane may take at any time after they are old enough to wean from the Breast as also all her and their increase to her the said Nancy Jane Bennett and her heirs forever. I also give and bequeath unto her my said Daughter Nancy Jane my Gray Mare Bridle and side saddle one Bead Stead Bed and furniture one work stand and one set of Looking Glasses them that I bought of Sherwood C. Lindsaye sale to her and the heirs of her body. But in case she should die without leaving issue living at the time of her Death then all the property herein left to her my said Daughter Nancy Jane Bennett I give and bequeath unto her sisters Rocksy Flake, Susan Little and Mary Gaddy to them and their heirs of their bodies equally divided among them and I do hereby appoint my son Daniel D. Bennett Guardian for my said Daughter Nancy Jane Bennett during her minority. 14th I have heretofore given to each of my sons their portion of Land Except Risten It si my desire that if there is not money enough coming to the estate to pay Isham and William Bennett each Twelve hundred and fifty dollars that the balance be raised by selling the overplus of the stock and crop that shall then be on hand. All the residue of my estate (after paying Isham and William Bennett each twelve hundred and fifty Dollars I wish to be equally divided among all my Children and my wife except my two son Isham and William Bennett And at the Death of my wife Susannah Bennett it is my desire that all the Household and Kitchen Furniture with all the plantation utensils and the stock of every kind and all the crop that shall then be on hand be sold tot he highest bidder and the money arising therefrom be equally Divided among all my children except Isham and William Bennett And it is further my desire that at my decease if their be a crop on the Ground that all the hands continue together until it is housed It is also my Desire that the Guardian of my Daughter Nancy Jane Bennett should not expose her negroes to public hire but to let them choose their homes and not let them be abused And it also my desire that George W. Little shall not pay Interest on the notes I hold against him until he first day of January 1840 And lastly I do appoint my son, Lemiel Bennett and my son in law George W. Little Executors to this my last Will and Testament hereby revoking all other Wills heretofore made by me and declaring this and this only to be my last Will and testament this 18th day of May 1840. s/ William U. Bennett (Seal) Signed sealed published and declared to be the and contain the last Will and Testament of the Testator in presence of us who have witnessed the same in presence of the Testator this 18th of May 1840. Test. s/ Gideon B. Winfree s/ Elijah Covington Anson County October Sessions 1840 Then the last Will & Testament of William Bennett was exhibited in open Court and duly proven by the oaths of Elijah Covington & Gideon B. Winfree the Subscribing witnesses thereto and ordered to be recorded - Whereupon George W. Little and Lemiel D. Bennett the Executors therein named appeared in open Court and qualified as such and took upon themselves the several trusts therein set forth. s/ N. D. Boggan, C. C. C. Transcribed by Martha Thayer MartThayer@aol.com