Anson County, NC - Will of Elijah Ratliff, 1865

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Elijah Ratliff’s Will [pages 208-216] Anson County, NC

In the name of God Amen I Elijah Ratliff of the county of Anson and 
State of North Carolina being weakly in body but of sound mind and 
memory and disposing understanding and knowing it is a appointed to men 
once to die and after this the judgment do on this the seventeenth day 
of October in the year of our Lord One Thousand eight hundred and sixty 
one make and ordain this my last will and testament in the following 
manner (to wit) my wish and desire is that my body be buried with 
Christian decency and in such a stile as my family and friends may 
think proper and as it regards my wordly estate which God in his 
goodness has seen proper to bless me with I wish it distributed in the 
following manner. 

First, I give and bequeath to my beloved wife Nancy Ratliff all the 
lands whereon I now live which lands is described under the following 
metes and bounds Beginning at the certain Northwest corner of William 
Clarks lands (his lands on the north side of Island Creek) and runs a 
direct line to a poplar on the bank of a branch near when the old shop 
stood then up the various causes of said branch to the Wall ferry Road 
then up said road to the line of the Walls lands then around with my 
outside lines and with Wall and Spencer line to Island Creek then 
around with my other outside lines until it comes to Island Creek again 
then with William Clarks lands to the beginning (on which lands I wish 
my son Pleasant Ratliff to have a home and the privledges of a portion 
of the plantation during the life time of my wife Nancy Ratliff) also 
the following negro slaves namely big Ellick Wesley Laury and her two 
children Graham and Bukugan Anthony and Julyan Dina Lucy Caroline & 
Wallis and Bone also two of the horses (first choice) that may then on
hand also as much corn fodder wheat and pork as may be necessary for 
her one year also as much of the stock of all kinds as my executors may 
deem it necessary for her and it is further my wish and desire to all 
the property both real and personal which is contained in the above 
first clause of this my last will and testament should be hers to have 
use and enjoy all the benefits arising therefrom during her natural 
life; and at her death it is my wish and desire that all the lands 
willed to her should revert back to my son Pleasant Ratliff it’s 
further my wish and desire that my wife Nancy Ratliff should have hold 
and enjoy all my household and kitchen furniture during her natural 
life and all the property not otherwise disposed of which is contained 
in this first item its my wish at the death of my wife it should be 
equally divided among all my children each to share and share alike and 
its my wish further that my executors should attend to and see that 
there be no unnecessary waste of the above named property during the 
natural life of my wife and at her death the whole of it to be disposed 
of as above directed I further give to my wife Nancy Ratliff the sum of 
five hundred dollars in money; which sum she can dispose of as she may
think proper. 

(Second Item) I give and bequeath to my daughter Sarah Terry the 
following negro slaves namely Sallie Washington Tom and Harry which 
Negroes I give to her during her natural life and at her death, said 
Negroes shall be equally divided among her three children namely Sarah 
Jane Lovin Milton Terry and Rachalan Clark each to share and share 
alike I also give to Sarah Jane Lovin a negro girl named Martha-Jane I 
also give to Milton Terry a negro boy named Bill I also give to
Rachalan Clark a negro girl named Johanna and here be it understood 
that I give the above named three negro slaves to my three above named 
grandchildren with all their increase to them and the lawful heirs of 
their bodys forever. 

(Third Item) I give and bequeath to my daughter Rachel Smith (widow of 
Benjamin Smith) the following negro slaves namely Rose Warren Betty 
Anna Isaac Mary and Anderson which Negroes she has at this time in her 
possession and I herewith give her the above named property with all
its increases to her and to the lawful heirs of her body forever. 

(Fourthly) I give and bequeath to my son William Ratliff all the lands 
whereon he now lives which shall be described in the following 
boundaries Beginning at the extreme Northwest Corner of William Clark’s 
lands (his lands on the North side of Island Creek) and runs a direct 
line to a poplar on the bank of a branch near where the old shop stood 
then up the various courses of said branch to the Wall ferry road then 
a Northeast corner to my bank then around the back lines of my Neataway 
and Taylor lands (including two small entries) to my Christopher Clark 
lands to the Beginning also the following negro slaves (which slaves he 
has at this time in his possession) namely Stephen Harriett and her two 
children and Zach and Willy and I have given the above named Negroes 
with all their increase to my son William Ratliff to him and his lawful 
heirs forever. 

(Fifthly) I give and bequeath to my daughter Winifred Smith wife of 
Thomas Smith all that tract of land containing two hundred acres lying 
in Anson Co which land was sold to Joseph Neale from Alan Carpenter and 
from said Joseph Neale to Elijah Ratliff which lands joins on his near
the lands of Nelson Turner also the following Negro slaves (which 
Negroes she has at this time in her possession) namely Silva Anderson 
Lize and her child Elbert Tommy and Sass and I herewith give the above 
named Negroes with all their increase to my daughter Winifred Smith to 
her and the lawful heirs of her body forever. 

(Sixthly) I give and bequeath to my son William Ratliff (in special 
trust and confidence) for my son John Ratliff the following property 
namely all that tract of land whereon he now lives known as the 
Christopher Clark lands also another small tract containing twenty one 
acres adjoining said lands on the South side thereof which I bought of 
Amos Liles also the following negro slaves namely Little Ellick Ann and 
her two children Frank and Peter and Stephen John and Nealy and here be 
it understood that I have the above mentioned property as aforesaid to 
my Son William Ratliff in special trust and confidence for the sole use 
and benefit of my son John Ratliff and his family said property to be 
entirely under the controls of my son William Ratliff as trustee of my
son John in such a manner as not to be subject to Any of his debts 
contracts liabilities or encumbrances whatever - and the whole of the 
above mentioned property with all it’s increase; at the death of John 
Ratliff to belong to his lawful heirs each to share and share alike. 

(Seventhly) I give and bequeath to my daughter Frances Clark wife of 
James B. Clark the following negro slaves namely Nance Sam Hannah Buck 
and her child Lane Lewis Luke Abram and Henry also a boy named Jim all 
of which Negroes they have at this time in their possession and here be 
it understood that I give the above mentioned property with all it’s 
increase to the said Frances Clark and the lawful heirs of her body 
forever. 

(Eighthly) I give and bequeath to my son Henry Ratliff (in addition to 
two thousand dollars in money which I have already given him) the 
following Negro slaves (which Negroes he has at this time in his 
possession) namely Peter Peg Robin and Jesse & I now give him another 
named Perry and I here give the above mentioned property with all it’s 
increase to my son Henry Ratliff to him and his lawful heirs forever 

(Ninthly) I give and bequeath to my daughter Elizabeth Diggs wife of 
Eli Diggs all the lands wherein they formerly lived known as the Curtis 
girls lands it lying on PeeDee River just below the mouth of Jones 
Creek also the following negro slaves all of which she has at this time 
in her possession) namely Katherine and her four children Peter Jesse 
Carolina and Reubin - Jacob Jon and Tilla and I herewith give the above 
mentioned property with all its increase to the said Elizabeth Diggs to 
her and the lawful heirs of her body forever 

(Tenthly) I give and bequeath to my son Thomas Ratliff all that tract 
or parcel of land known as the Job Curtis lands a part of which lies on 
PeeDee River also the following negro slaves which negroes he has at 
this time in his possession namely big Frank Mary and her two children 
Peter and Richmond Poll Alph and her three children Jam Riley and Alice 
with all their increase to him the said Thomas Ratliff and his lawful 
heirs forever. 

(Eleventhly) I give and bequeath to my son James Ratliff all the lands 
whereon he now lives it lying on the south side of Jones Creek and 
known as the Henry B Jernigan lands also a tract of fifty five acres 
lying on the north side of Jones Creek formerly owned by Henry B 
Jernigan also eleven acres which I drew in the division of the Jernigan 
lands which eleven acres his joining the fifty five acre tract. Also 
another tract of land (number of acres not remembered) it lying on the
Camden Road adjoining the lands of William Streater Thomas Flowers 
Thomas Streater and others known as the Hinson lands Also the following 
negro slaves namely Riley Ellen and her child Mary (which I bought of 
Knotts) Mike Tempy and Molinda Patience and her child King and be here 
understood that I give all the above mentioned property to the  
aforesaid James Ratliff with its increase to him and his lawful heirs 
forever. 

(Twelthly) I give and bequeath to my son in law John P. Ratliff (in 
special trust and confidence for the sole use and benefit of my son Eli 
Ratliff the following lands (to Wit) all that tract of land whereon he 
now lives known as the Watkins lands also a small piece lying on the 
West side of a branch adjoining the aforesaid lands and known as a part 
of the Flowers lands. Also the following negroe slaves (a part of which 
he has at this time in his possession) namley Sam Ellen and her five
children Ben Sis Riley and Harriett and another child name not known 
Charity and her child and George and be it understood that I have the 
above mentioned property to my son in law John P Ratliff in special 
trust and confidence for the sole use and benefit of my son Eli Ratliff 
and his family said property to be entirely under the controls of my 
son in law John P. Ratliff as trustee of my son Eli Ratliff in such a 
manner as not to be subject to any of his debts contracts liabilities
or encumbrances whatever and the whole of the above mentioned property 
with all its increase at the death of my son Eli Ratliff to belong to 
his lawful heirs each to share and share alike x  

(Thirteenthly) I give and bequeath to my daughter Susan Ratliff wife of 
John P Ratliff the following negro slaves namely Allen and Sarah’s two 
children Vina and one child name unknown Isaac Mitchell Margaritt and 
Charles all of which Negroes she has at this time in her possession -
and be it here understood that I give the above mentioned property with 
all its increase to the said Susan Ratliff to her and the lawful heirs 
of her body forever. 

(Fourteenthly) I give and bequeath to my Son Pleasant Ratliff all that 
tract of land where I now live which boundaries is described in the 
first Item of this will with the understanding that he is not to come 
into the possession of all the lands which I have willed to my wife 
Also the following Negro slaves namely Lisa and child Vina Ephraim Matt 
and Frank Harriett child Lizze Jane Also two Milk cows and one fourth 
part of stock of hogs that I may have on hand at that time and here be 
it understood that I give all the above mentioned property with all its 
increase to the said Pleasant Ratliff to him and his lawful heirs 
forever 

(Fifteenth) I give and bequeath to my son William Ratliff in addition 
to what I have given him in the fourth item of this will the following 
negro slaves namely Cindie and her child with all their increase to him 
and his lawful heirs forever 

(Sixteethly) I give and bequeath to my daughter Rachel Smith (widow of 
Benjamin Smith) in addition to what I have given her in the third Item 
of this will the following negro slaves named Emaline with all her 
increase to her and the lawful heirs of her body forever 

(Seventeenthly) I give and bequeath to my Daughter Winifred Smith wife 
of Thomas Smith (in addition to what I have given her in the fifth Item 
of this will) a negro boy named Anderson which negro I give to her and 
the lawful heirs of her body forever 

(Eighteenthly) I give and bequeath to my Daughter Elizabeth Diggs wife 
of Eli Diggs in addition to what I have given her in the Ninth Item of 
this will one negro girl named May with all her increase to her the 
said Elizabeth Diggs and the lawful heirs of her body forever 

(Ninteenthly) I give and bequeath to my Daughter Susan Ratliff wife of 
John P Ratliff in addition to what I have given her in the thirteenth 
item of this will a negro boy named Jefferson which negro I give to her 
the said Susan Ratliff and the lawful heirs of her body forever 

(Twentyith) I give and bequeath to my Daughter Sarah Terry in addition 
to what I have given her in the second item of this will all that tract 
of land where Milton Terry now lives known as the Jack place or Gould 
lands for and during her natural life and at her death I wish it to be 
equally divided among her three children Rachel Ann Milton and Sarah 
Jane. 

(Twenty first) And whereas there is a Considerable of surplus property 
which is not disposed of in this my last will and testament my wish and 
desires is that after my death my Executors dispose of it together with 
my growing crop that may be then on hand (all that part not disposed of 
in this will) and all the property which I may accumulate between now 
and the time of my demise may all be collected together and sold at 
public sale and money arising there from - first to be applied to the 
use of paying my just debts (if any) secondly to pay over five hundred 
dollars to my wife Nancy Ratliff and the remainder together with all 
the money notes accounts which may be due me at the time of my death I 
wish it to be equally divided between my wife and all my children and 
the three children of Sarah Terry namely Sarah Jane Milton and Rachel 
Ann each to share and share alike; also its my wish and desire that all 
the property which I have willed to my wife Nancy Ratliff (the lands 
excepted) be sold at public sale and the moneys arising there from be
equally divided among all my children and the three children of Sary 
Terry namely Sarah Jane Milton and Rachel Ann, each to share and share 
alike. 

Lastly I hereby nominate constitute and appoint my son William Ratliff 
and my son in law John P Ratliff sole executors of this my last will 
and testament hereby revoking and making void any will and testament by 
me at any time made declaring this and only this to be my last will and
testament in witness whereof I Elijah Ratliff the Testator heirs to 
this my last will and testament set my hand and affix my seal - signed 
and sealed in the presence of us who have subscribed our names in the 
presence of each other as witness to the same Interlined before 
assigned. 

Witness W H Cox ... Elijah Ratliff (SEAL)
S L Cox 

Whereas I Elijah Ratliff made and duly subscribed my last will and 
testament in writing having date the 17th day of October 1861 now I do 
hereby declare this present writing to be as a Codicil to my will and 
direct the same to be annexed thereto and taken as part thereof and I 
do hereby give and bequeath to my son Pleasant Ratliff one fourth part 
of the present growing crop also one fourth part of the Pork and stock 
of hogs also one fourth part of all my cotton Also one yoke of oxen and 
cart also one silver watch.

In witness whereof I the said Elijah Ratliff have to this Codicil set 
my hand and seal this the 19th day of April in the year of our Lord 1862

Test 

W H Cox ....... Elijah Ratliff (SEAL) 

H M Diggs 

State of North Carolina, Court of Pleas & Quarter Sessions Anson Co. 
January Term 1865 Then the foregoing last will and testament of Elijah 
Ratliff was offered for probate and duly proved in open court by the oath 
of W H Cox one the subscribing witnesses thereto