USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. File contributed for use in USGenWeb Archives by Virginia Crilley (crilley@eramp.net) August 28, 1997. BERTIE COUNTY, NC WILL JOHN RUFFIN, 1844 probate (Son of Wm5 & Penelope, Wm4, Wm3, Rob2) Bertie County Will Book G p 378 I, John Ruffin, of the County of Bertie and State of North Carolina, do make publish and declare this paper writing in manner and form following to be my last will and testament hereby revoking all former wills by me made. First, I direct my Executors out of my personal estates to pay all my just debts. Secondly, I give and bequeath unto my beloved wife my carriage, carriage horses, household & kitchen furniture to her and her heirs, I also devise to my said wife one third of the lands of which I am s.... during her natural life, but my desire is that they be layed off to her out of the plantation on which I reside, to include my dwelling house. I also give and bequeath unto my said wife one fourth of all my personal estate after the payment of my debts and by personal estate I intend all the estate of every description, except my land of which I may die possess; to her and her heirs forever. Thirdly, I give, devise and bequeath unto my Executors herein after named, or to such of them as may qualify, to the survivors or survivor all the balance of my estate, real, personal and mixed, upon trust however that they shall keep my farms in operation and my Negroes at work upon them, as near as possible as they now are, or may be at the time of my death, and to enable them to do so, I hereby authorize and empower them, to sell for cash or on a credit any disorderly or unmanageable slaves and to purchase any slaves or other things which in their judgement may be necessary to keep my said farm stocked, out of my estate, to employ overseers or other agents to superintend the farms, and to sell at public or private sale for cash or on a credit, the produce which may be raised on said farms and to keep the estate as one common undivided fund until such time as the legacies hereinafter given to my children are directed to be paid over to them, and then in trust for that purpose. My will and desire is that such of the Executors herein after appointed, as shall qualify thereto, the survivors or survivor shall be guardians of the person & estate of my children, John Thomas Ruffin, Wm Julia Ruffin, and Sally Ann Ruffin and I hereby appoint them as such, and I direct that my children shall be educated and supported out of the estate devised and bequeathed to my Executors in trust, until they shall receive their legacies, and such support, education and main tenancy shall be a charge against the common fund and shall not be deducted from their respective legacies. It is my will and desire, that whenever any one of my children, shall arrive at the age of twenty one years, or marry, the portion of my Estate hereinafter devised and bequeathed to such child shall be paid by my Executors to him or her and in case of the death of any or either of my said children before they arrive at the age of twenty one or marry that his or her legacy hereinafter devised and bequeathed should to the survivors or survivor, and their heirs. I give and devise to my son, John Thomas Ruffin and his heirs forever, the following tracts of land, to wit, all that portion of the plantation upon which I now live (subject however to my wife's lie estate in such portion thereof as may be allotted to her) which lies south of the road leading from Windsor to Turners X Roads and extending to Roquist, the plantation which I bought of Noah Thompson and the Williams plantation adjoining upon the condition that he pay to his sister, William Julia when she arrives at the age of twenty or marries, five thousand dollars. In case, however, the said William Julia should marry before the said John Thomas arrives at the age of twenty one years, then he is not to pay the said sum until that time, nor interest thereon. I also give and bequeath to the said John Thomas Ruffin and his heirs one third of all the personal property which may belong to my estate when he receives his legacy. I give and devise to my daughter, Sally Ann Ruffin and her heirs, the following tracts of land, to wit, all that part of the plantation where I live which lies south of the Reedy Branch to the Road leading from Windsor to Brittons X Roads (subject however to my wife's life estate in such part thereof as may be allotted to her, and the following tracts of land in the Indianwoods, to wit, the Esther Pugh plantation, the lands purchased from Thomas J. Pugh, the lands purchased from G. T. Johnson and from Harry Johnson's heirs, all three of which latter tracts adjoin the Esther Pugh plantation. I also give and bequeath unto my said daughter and her heirs, one third part of all the personal property which may belong to my estate, when her legacy is to be paid to her. I give and devise to my daughter, William Julia Ruffin and her heirs, the following tracts of land (to wit) all that part of the plantation wherein I reside which lies north of Reedy Branch to Cashey Swamp (subject to the life estate of my wife in so much thereof as may be allotted to her, and the following tracts of land in the Indianwoods, all adjoining each other to wit, the Casper tract, the Friar tract, the Joseph Pugh tract, and that part of the Harry Johnson tract attached thereto and the William B. King tract. I also give and bequeath unto my said daughter five thousand dollars, to be paid to her by my son, John Thomas, as herein before mentioned and one third of all the personal property which may belong to my estate when she receives her portion or legacy; to her and her heirs. My intention and desire is that my personal property shall be equally divided among my children; that is the first one that arrives at the age of twenty one or marries, is to have one third of all the personal property which may then belong to my estate, when the second one shall arrive at the age of twenty one or marry he or she is to receive one half of the residue, and the remainder to be held by my Executors for the third until he or she shall marry or arrive at the age of twenty one years. I constitute and appoint my friends, James S. Bryan, Lewis Thompson and William Bishop of Bertie County, Executors to this my last will and testament; and such of them as may qualify guardians to my children, and I particularly request and enjoin it upon the guardians of my children that they shall be well educated. In addition to these commissions, I give and bequeath unto each of my Executors who may qualify, two hundred & fifty dollars to be paid out of my Estate. In testimony whereof I have hereunto set my hand and affixed my seal this 10th day of November, 1841. Signed John Ruffin Signed, sealed, published & declared by the testators as his last will & testament in presence of us who sign the same in his presence & in presence of each other. Jno S. Tomlinson Thos J. P. Smallwood Codicil: I John Ruffin do publish and declare the following as a part of my last will and testament. I give devise and bequeath unto my daughter, Sally Ann Ruffin, in lieu of the land devised to her in the Indianwoods, the following lands (to wit) the Joseph Pugh tract of land, the Casper tract and the William King tract, and the Friar tract all adjoining each other to her heirs forever. I give and devise unto my daughter, William Julia, in lieu of the land hereinbefore devised to her in the Indianwoods, the following, to wit, the Esther Pugh tract, the Thomas J. Pugh tract, the Harry Johnson, all adjoining each other to her and her heirs forever, and I hereby revoke the legacy of five thousand dollars herein before directed to be paid to William Julia by my son John Thomas Ruffin. I give and devise unto my son, John Thomas Ruffin, in lieu of the devise hereinto before made to him in the Indianwoods, the following tracts of land (to wit) the Noah Thompson tract, the Lewis Williams tract, to him and his heirs forever. My will and desire is that the devises made to my children of my lands not in the Indianwoods should remain as they are in the foregoing will. Signed sealed & published in Signed John Ruffin presence of William M. Clark David Outlaw State of North Carolina, Bertie County Court, Feb term 1845 The last will and testament of John Ruffin dec'd was exhibited in open court, and the hand writing of Jno S. Smallwood & Thomas JP Smallwood, the first being dead and the last having married one of the legatees, was proved by the oath of John H. Grimes. At the same time the execution of the codicil to the said will, was proved by the oath of David Outlaw, one of the subscribing witnesses. Judgement of the court that the said will and codicil having been sufficiently proved to be recorded. At the same time William Bishop and Lewis Thompson, Esquires, two of the Executors appointed by the said last will and testament were duly qualified agreeably to law. John T. Taylor, Clerk