Wills: John Grace, November, 1842, Anson County, North Carolina Contributed for use in USGenWeb Archives by Michael Grace mikesjoint@geocities.com ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** THE WILL OF JOHN GRACE I, JOHN GRACE, of the County of Anson, State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my LAST WILL AND TESTAMENT in manner and forms: Following: that is to say, First, that my executors hereinafter named shall pay all my just debts how so ever and to whom so ever owing out of the monies that may first come into their hands as a part or parcel of my estate. ITEM: I give and devise to my beloved wife, Mary Grace, four hundred and fifty acres of land being the North and of the tract whereon I now live, including my dwelling house, all out houses, and improvements. The said land is divided from the lands hereinafter given and devised to my son, Nathan Grace, by a line recently surveyed and marked by Allen Carpenter. Beginning at a post Oak in Buchanan's line and runs North 75 feet 40 Chains and 60 Links to a Pine and two Hickory Pointers, then North 50 feet 5 Chains to a stake in lick Branch, two Maples and Persimmon Tree Pointers, said Branch being then the dividing line below my own and H. B. Hammond's land. To have and to hold to her, the said Mary, during her natural life or widowhood (with the exception of twenty-five acres, more or less, hereinafter set apart for the use of my daughter, Mary (Rowe) in satisfaction for and in line of her dower and thirds of, and in all my real estate. I also give to her the said Mary, the right of such timber, firewood, etc. on the portion of land devised to my son Nathan Grace as may be-necessary for the use of the plantation.* ITEM: I give and devise to my son, Nathan Grace, two hundred and thirty acres of land, being the South End of the tract, whereon I now live, being divided from the land devised to my wife, Mary Grace, by the marked line designated in the foregoing, Item, to have and to hold to him and his heirs in fee simple forever. ITEM: I give and devise to my youngest son, Joshua Grace, all the tract of four hundred and fifty acres whereon I now live, except the estate of my wife, Mary, devised in a former Item of this, my Will, and except the life estate in twenty-five acres/more or less hereinafter set apart for my daughter Mary (Rowe) to have and to hold to her and her heirs in fee simple forever. ITEM: I give and devise to my daughter Mary (Rowe,) twenty-five acres of land, more or less, including the house in which she now lives, it being a part of the four hundred and fifty acres mentioned in the proceeding Item, beginning at a Persimmon Tree in the Cotton Patch above the Cotton Gim and running South to a Pine near her house, then North to a Pine in Buchannan's Line, 1 Black Jack and Red Oak, then North with Buchannan's Line and James H. Grace's Line to a large Post Oak and Persimmon and Sassafras at a Branch, then up the Branch to the corner of Ned's Cotton Patch, then up the Fence running East to the beginning, during her natural life or widowhood, but the said Mary (Rowe) is not empowered to sell, lease, rent, or in anyway dispose of her interest in said land in any other person or persons whatsoever. ITEM: I give and bequeath to my beloved wife Mary Grace, the following named negro slaves during her natural life or widowhood: Riz, Cain, Amos, Handy, Ned, Smithy, Judy and her three children, Charles, Judy, and Bill. Also, all my stock of horses and hogs, fifteen head of sheep, one yoke of oxen, all the stock of cattle, one ox cart, one wagon, all the farming utensil, the whole of my household and kitchen furniture, all the stock of provisions that may be on hand at the time of my death. Also, I give her one Jersey cow. ITEM: I give and bequeath to my son Nathan Grace, a negro boy named Charley, mentioned in the above clause, at the death or remarriage of my wife Mary, to him and his heirs forever. ITEM: I give and bequeath to my daughter Martha Grace, a negro girl named Judy, after the death of my wife, Mary or her remarriage, to her and her heirs forever. ITEM: I give and bequeath to my son, Joshua, a negro boy named Bill, at the death or remarriage of my wife Mary; to him and his heirs forever. ITEM: It is my WILL and DESIRE that the six negro's Cain, Amos, Handy, Ned, Smithy, and Judy and their increase if any, shall at the death or remarriage of my wife, Mary Grace, be equally divided between my two sons, Nathan and Joshua, to them and their heirs forever. ITEM: I give and bequeath to my son William Grace, Five Dollars, which sum, with advancements here-to-fore made to him, will be his portion of my estate. ITEM: To my children, James H. Grace, John J. Grace, Elizabeth (Redfearn)and my daughter, Penelope (Allen,) wife of Wilson Allen, I have made advancements to their fair share of my estate here-to-fore; I have also advanced to my son Gilbert Grace his rateable-share of my estate. ITEM: I give to my daughter, Mary (Rowe)one cow and calf, besides all the cattle she has here-to-fore claimed as her own to her and her heirs forever. And, lastly, I do hereby constitute and appoint my beloved wife, Mary Grace, and my son, Joshua Grace, and my son-in-law, James Redfearn Executor and Executrix to all intents and purposes to execute this my LAST WILL AND TESTAMENT. According to the true intent and meaning of the same and every part and clause thereof, hereby revoking and declaring utterly null and void all other Wills and Testaments by me heretofore made. IN WITNESS WHEREOF, I, the said John Grace do here unto set my seal this, the fifteenth day of November, 1842, A.D. WHEREAS I, JOHN GRACE, have made my Last Will and Testament in writing, bearing date this 15th day of November A.D. 1842, and have thereby made sundry devises and bequests, I do, by this writing, which I hereby declare to be a Codicil to my Will, to be taken and construed as a part thereof, will and direct that the sum of One Hundred and Fifty-Four Dollars and 30/100, which I now have in specie (coins) shall be paid over to my wife, Mary Grace, as her own right and property, and I do hereby give and bequest to my two daughters, Mary (Rowe) and Martha Grace, all the increase of a negro woman named Judy, which she may have. After the date of this apart or codicil, to my Will, the said negro with her children now living been disposed of in my Will. I have here-to-fore given to my daughter, Elizabeth (Redfearn) one Hundred Dollars in money. It is my Will and Desire that a note I hold on her husband, James Redfearn, also a note on Isaac Newsome for Two Hundred and Ten Dollars and an amount sufficient to make up to her the amount of Five Hundred Dollars (including the notes and gift above mentioned) shall be paid over to her by any Executors to her and her heirs forever. And, it is my Will and Desire that the said amount of Five Hundred Dollars (after deducting therefrom One Hundred Dollars, given here-to-fore to my daughter, Penelope (Allen) and a note for Fifty-Eight Dollars or there-about, made payable to me by her husband, Wilson Allen, be paid by my Executors to my said daughter, Penelope (Allen), so as to make up to her said note of Fifty-Eight Dollars, and gift of One Hundred Dollars, including the sum of Five Hundred Dollars to her and her heirs forever. It is my Will and Desire that all the residue of money due me by note or otherwise after paying all my just debts and the legators hereinafter mentioned be equally divided between my two daughters, Mary (Rowe) and Martha Grace, to them and their heirs forever. IN WITNESS WHEREOF, I, the said JOHN GRACE, do hereby set my hand and seal, this fifteenth day of December, 1842 A.D. SIGNED, SEALED, PUBLISHED, AND DECLARED BY THE SAID JOHN GRACE TO BE A PART OR CODICIL OF HIS LAST WILL AND TESTAMENT IN THE PRESENCE OF US, WHO AT HIS REQUEST AND IN HIS PRESENCE.