ANSON COUNTY, NC - WILLS - Joseph Tanner Will - 1829

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Joseph Tanner Will

In the name of God Amen I Joseph Tanner of the county of Anson and state of 
North Carolina being very sick and weak in body, and knowing it is appointed 
to all men once to die and then to Judgement do make and ordain this my last 
will and testament first and principally of all I recommend my body to the earth 
to be buried in a decent christian burial and as touching such worldly estate as 
it hath been pleased God to bless me with in this life I give devise and bequeath 
in the following manner and form Viz. Item 1st I lend unto my kind and loving 
wife Polly on the condition herein after mentioned all my land south of a line to 
commence where the path that runs towards Jordans intersects with the land I 
purchased of said Jordan near the school house and run  from thence with said 
path to where the land stood in the year 1828 then with said lane by a cherry 
tree to the yard fence and with the yard fence to the present lane then  with the 
present lane to Bear Creek, then up the creek to the mouth of Langrom Branch 
then up said branch to the back line of the Land I purchased of Zach. R White 
including the house wherein I now live, with full access to the spring and 
unterupted [sic} of the water during her natural life or widowhood provided she 
continues to live on it.  I also give her a negro an named Tom (though I give it 
as my oppinion [sic] he had better be sold and after deducting any expense that 
may be incured [sic} by him the money to be applied entirely to her use.  I also 
give her a negro boy named Joe to do as she pleases with.  I lend her a negro 
woman named Chaney also a negro girl named Kit during her natural life or 
widowhood.  I also lend her two pine or popular bed steads I also give her the 
beds and furniture household and kitchen she had when I married her together 
with a set of hand milled stones which I bought at her sale.  I also lend unto her 
six chairs, six plates, two dishes, one set of cups and saucers, also what pewter 
spoons I have, two cows and calves the choice of my stock two sows and pigs 
her choice also four ewe lambs, and if a competent crop should be made on my 
plantation this year and my daughters continue to live with her I give her 
twenty Barrels of corn and one thousand weight of pork but if the crop in the 
oppinion of my executors will not Justify giving as much then a smaller 
proportion at their discretion also twenty bushels of wheat and a proportional 
share of the crop of rice and potatoes fodder hay and shucks ruffage [sic} 
enough as the oppinion of my Executors to support the stock.  I also lend her 
one pine table the one I formally used now kept in the smoke house also some 
plank to mend the top of it which is in [illeg] one senter [sic] plow one 
hareshare [?] plow, one weeding how and one hilling hoe, also one axe one set 
of knives and forks.  Item 2nd I give unto my son John B. Tanner all my land 
north of the old Cheraw [?] road which I hold by deed or entry, one negro boy 
named Ben one Grey colt, one feather bed and furniture the land above 
mentioned I give on the following conditions viz. Provided he (John B. Tanner) 
does not bring any account against my estate (notes excepted) but should he 
raise any account against my estate he forfeits the land above mentioned.  Item 
3rd  I give unto my son Robert H. Tanner a negro man named Squire on the 
following conditions viz whereas I have sold a negro boy named Lewis to 
Joseph [?] White which negro I intended for Robert now if Robert thinks 
proper to sell Squire and pay said White the sum of three hundred dollars by 
the first day of January next and redeem Lewis then I give him Lewis, the sale 
to be made under the [illeg] and consent of the Executors without an order of 
court and Robert to account with them for any surplus that Squire may sell for 
over enough to redeem Lewis I also give him (my son Robt) all my lands south 
of Lick Creek and from the mouth of Lick creek a strait [sic] line across Brown 
creek to the back line of my land adjoining Pigues line up to the line of the land 
willed to my wife together with free access to the spring and unterrupted [sic] 
use of the water.  I also give him my rifle gun and one feather bed and 
furniture.  Item 4th I give unto my daughters Elizabeth, Martha, Susan and 
Mary my land over Lick creek between the land willed to my sons Robert and 
John provided it is not necessary to sell it to pay my debts, my will is the above 
mentioned land shall be sold when ever my Executors think proper or a suitable 
time and the money divided among them or appilied [sic] the use of buying a 
negro girl.  I lend unto my daughters above named viz Elizabeth, Martha Susan 
and Mary the following negros namely Young Milly, Jane and Mariah and 
Chaney at the death of my wife on the following conditions viz, if the should 
receive any property from the estate of their Grandfather the late Thomas 
Gardener deces’d late of Warren County, then in that case they shall account 
with the rest of my children so as to be equal in the perishable property I have 
lent them to remain undivided until Mary arrives of age and if either of them 
should marry to draw one fourth part of their use during their natural life and at 
their death I give [illeg] lawful issue and if either of them should die without 
issue the property to revert back to the survivors of the above mentioned girls.  
If John B. Tanner should want my negro woman Chaney at the death of my 
wife my will is he shall have her at the valuation of Joseph White and Edmund 
Lilly, the money arising therefrom to go to my four daughters above mentioned 
to purchase a negro girl.  I give unto my daughter Dorcus Tanner which I had 
by my present wife one negro girl names Kitt which I have lent my wife to be 
sold at her death at the discretion of my Executors (Except thirty feet square 
round my grave yard, which remains to my heirs) and the money to be applied 
to the use of buying a negro girl for the use of my four daughters above 
mentioned if the first given should be insufficient or if it should be necessary to 
sell the first mentioned land to pay my debts, but if their [sic] is sufficiency of 
the land below lick creek to purchase a negro girl or after making enough to 
pay for the negro before mentioned I give to all my daughters an equal share of 
the proceeds of the sale of the land lent to my wife including Nacy [sic} White 
having given her (Nancy White a negro girl Eliza by deed of gift).  I give my 
daughters Elizabeth, Martha, Susan and Mary two beds and furniture among 
them and if their [sic] should be sufficiency after paying my Just debts I give a 
bed and furniture to each of them I give Elizabeth and Mary the trunk that 
belonged to their mother.  I give to Martha and Susan a big chest to be alloted 
[sic] by my executors.  I give my silver Spoons and Walnut bead stead [sic] and 
curtains together with my large goblets to my sons John and Robert my will is 
that my shot gun riding chair and harness household furniture and stock not 
willed away plantation tools ox cart my negro woman Rose and her youngest 
child the land I purchased of Samuel Barkley to be sold at the discretion of my 
executors when ever they shall think it to the interest of my estate to pay my 
debts the balance if any… [illeg].  I give unto my wife two bull yearlings the 
calves of the spring of 1828 to remain hers during her natural life or 
widowhood with the rest of the stock lent to her to remain in my old mark until 
her death and then returned to the increase [illeg] such as is necessary to 
support her family to be returned to my five youngest daughters Lastly I 
appoint my worthy neighbor Joseph White my son John B. Tanner and Robert 
H. Tanner my son in law John white Executors and my loving wife Polly 
Executrix to this my last will and testament In witness whereof I have hereunto 
set my hand and affixed my seal the twenyeth day of April AD one thousand 
eight hundred and twenty nine.  Assigned and sealed in the presents [sic] of 
Elijah Smith, E. Lilly, John Strudivante, Wm Morsh [?}.  Signed Joseph 
Tanner, sealed. Anson, Jany 7, 1830. This this [?] was duly proven in open 
court by Jno. Sturdivant and ordered to be recorded.  [sig illeg], clk.