Buncombe County NcArchives Wills.....Merrell, Benjamin 1825 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Mark Valsame MV66NC@msn.com August 30, 2018, 3:51 pm Source: Buncombe County, Nc Will Book Written: 1825 Will of Benjamin Merrell Buncombe County, NC Will Book A, 1831-1868, pp. 41-45. Devised January 25, 1825. Proven July 5, 1836. The last Will and Testament of Benjamin Merrell Page 1st In the name of God Amen I Benjamin Merrell of the County of Buncombe and State of North Carolina being in perfect health and of perfect mind and memory thanks be given unto God calling unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and Testament that is to say principally and First of all I give and recommend my soul into the hand of Almighty God that gave it and my body to the Earth to be buried in a decent Christian like manner. And as respecting such worldly Estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same the following manner and form Firstly I desire that all my just debts shall be paid. Secondly I will and desire that my loving wife Penellopey shall have a decent and plentiful support during her natural life to be allowed to her by my Executors herein and after named and appointed by me for that purpose which support or dowery they are to provide from and out of benefits arising from my farm whereon I now live. John Henry Benjamin Merrell Joseph Henry Page 2nd Thirdly I will and bequeath to the heirs of my Daughter Nancy Crumm (now deceased) the sum of ten dollars to be paid to her heirs two years after my decease together with the full use of a ____ and some cows by me before given to her. Fourthly I will and bequeath to my son William the sum of five dollars to be paid two years after my decease together with what other property I have given him heretofore. Fifthly I will and bequeath to my daughter Jane Morrow now married fifteen dollars to be paid two years after my decease together with what other property I have heretofore given to her. Sixthly I will and bequeath to my son Nimrod one negro boy named Jim and one bed and the necessary covering for said bed to receive into his use the said negro boy Jim at my decease together with what property I have heretofore given him. Also the full use of one field cleared by him the said Nimrod on the South east side of Cane Creek known by the name of his field to enjoy the use of. John Henry Benjamin Merrell Joseph Henry Page 3rd Said field and keep it in repair for five years after my decease but it is to be strictly understood that he Nimrod is not to lease or convey his claim to the said field to any person or persons except it should be to one of his Brothers and in that case the said Brother who may lease the said field shall not lease it to any person whatever but keep it in his own possession until the said term of five years shall expire. 7th I will and bequeath to my daughter Penellopey Shappard fifty dollars to be paid in five annual installments of ten dollars each which payments are to commence on the first day of January one thousand eight hundred and twenty six and to be paid in cotton sugar and coffee at the common selling price of said articles. Also I will and desire that she the said Penellopey shall receive the one sixth part of the amount of the sale of what property I shall hereafter describe to be sold after my Executors shall first pay out of the amount of said sale the sum of thirty dollars as I have directed them in the foregoing part of my will amongst three of my Legatees that is to say to Nancy Crumm’s heirs ten dollars and to my son William five dollars and to Jane Morrow fifteen dollars which sixth part she Penellopey is to John Henry Benjamin Merrell Joseph Henry Page 4th receive two years after my decease. 8thly I will and bequeath to my son Eli a certain promissory Note now in my possession against him be the amount of said note more or less together with the sum of fifteen dollars to be paid two years after my decease and all the property which I have heretofore given him. 9thly I will and bequeath to my daughter Jemima ten dollars to be paid two years after my decease together with what property I have heretofore given her. 10thly I will and bequeath to my son Benjamin fifty dollars in trade to be paid to him two years after my decease together with what property I have heretofore given him. 11thly I will and bequeath to my daughter Charity McCrary now married one Negro Girl named Mary with her issue during the said Charity’s natural life and then to the heirs of her body which girl the said Charity is to receive into her possession at the last decease of her mother or myself together with the one sixth part of the amount of the sale of the property hereafter to be described by me to be sold after my Executor shall first take out of the amount of sd. Sale the sum of thirty dollard to be disposed of as I have described in the seventh part of my will. John Henry Benjamin Merrell Joseph Henry Page 5th which provides for the payment of my daughter Penellopey for support – which sd. sixth part of sd. Sale she Charity is to receive two years after my decease. 12thly I will and bequeath to my daughter Rachel one negro girl named Maria with her issue during the said Rachel’s natural life and then to the heirs of her body but in case my daughter Rachel should have no issue she Rachel shall at her death will and bequeath the said girl Maria and her issue to whomsoever she Rachel may please. It is further my desire that she Rachel shall have her beds and their bedding together with her saddle and the cattle which is claimed by her which property she Rachel may receive whenever she may think proper to leave my house. And I further desire that she Rachel shall have one sixth part of the amount of the sale of beforementioned in same manner and at the same time which is directed for Daughters Penellopey and Charity to receive their sixt part of said sale. 13thly I will and bequeath to my son Jonathan one negro woman Rose with her issue from this time forward which woman Rose he Jonathan is to receive at the last decease of his mother and myself together with one bed and beding and what he Jonathan has heretofore received John Henry Benjamin Merrell Joseph Henry Page 6th from me and all that tract of land lying on a branch of Hoopers Creek containing sixty acres lying above Barnhill’s place on said Creek and I further will and bequeath unto the said Jonathan one sixth part of the amount of the sale of the property which I am hereafter to describe to be sold after there shall first be the sum of thirty dollars taken out of the whole amount of the sale and paid as I have before directed which sixth part he Jonathan is to receive two years after my decease. 14thly I will and bequeath to my son David one negro boy named Ambrose at my decease together will what I have heretofore given him and all that tract of land lying on the top of the Bearwallow Mountain containing fifty acres and one sixth part of the property to be sold as before mentioned which sixth part he David is to receive in like manner and at the same time I have directed my son Jonathan to receive his part. 15thly I will and bequeath to my son Levi one negro man named Dick together with my plantation whereon I now reside containing one hundred and seventy one and a half acres John Henry Benjamin Merrell Joseph Henry Page 7th The full use and control of the said plantation he Levi is to receive at my decease excepting the use and benefit of one field which I have before described to be and remain to the use and benefit of my son Nimrod for the term of five years after my decease at which time he Levi shall have the full right and control of said field together with aforesaid plantation to manage as he may think proper. Also I will and bequeath him the said Levi all that tract of land belonging to me lying on both sides of the top of the mountain between Hoopers Creek and Cane Creek joining or near joining the land whereon I now live and joining the land belonging to the heirs of Boyd McCrary deceased containing one hundred acres. I further will and bequeath to my son Levi one other tract of land joining the land whereon I now live and joining Rilcharard? Roberts land and joining John Merrell’s land containing one hundred acres together with one John Henry Benjamin Merrell Joseph Henry Page 8th Bed and beding and two cows and calves which himself and my son Jonathan shall choose out of my stock after my decease before any of the said stock shall be sold. And I further will and bequeath to him Levi all my still tubs together with the two stills now belonging to me at my decease and one sixth part of the amount of what property shall be sold after my decease, but it is to be understood that there shall be thirty dollars taken out of the full amount of said sale before this sixth part shall be ascertained which sixth part the Levi shall receive two years after my decease at which time of two years after my decease he Levi shall pay fifteen dollars to my son Eli and ten dollars to my daughter Jemima which I have will to them out of the part or share herein willed to him Levi in case I should not provide for the payments of the said sums to the said Eli and Jemima myself before my decease also I will and bequeath to him Levi one John Henry Benjamin Merrell Joseph Henry Page 9th plow and one hoe one grass scythe and one grain scythe and the necessary harness for one horse. 16thly I will and bequeath to my loving wife Penellopey one horse or mare which she herself may choose from amongst my stock after my decease before any part of the said stock shall be sold together with her saddle and bridle in addition to the maintenance heretofore described to be provided for her from my plantation. 17thly and lastly, It is my will and desire that all my stock consisting of horses cattle sheep and hogs which may remain in my possession unwilled to any of the foregoing Legatees together with all my household furniture and farming utensils together with my wagon and gear be put up and sold at public auction to the highest bidder on a credit of twelve months as soon as may be convenient for my Executors after my decease and it shall be the duty of said Executors after taking from the amount of said sale the sum of thirty dollars to ascertain the sixth part of the remaining John Henry Benjamin Merrell Joseph Henry Page 10th balance of said sale and pay it to the Legatees whom I have before and herein willed to have one sixth part of said sale. And as respects my library I injoin it to my Executors to distribute the books amongst my legatees accordingly as they may find the names of sd. legatees written in the said Books. I nominate and appoint my son Jonathan and Levi Merrill my Executors to this my last will and testament confiding in them to have the same carried into full effect which will I have made on the foregoing ten pages at the bottom of each of which I have written my name and to the last or tenth page I have set my seal. In witness whereof I pronounce and declare this my last will and testament and have signed sealed and acknowledged the same this twenty fifth day of January one thousand eight hundred and twenty five. John Henry Benjamin Merrell Joseph Henry North Carolina Buncombe County July Session 1836 The foregoing Will was duly proven in open Court by the oath of Joseph Henry a subscribing witness thereto and recorded. John Miller Clk. By John B. Whiteside DC Jonathan Merrell sworn as Executor Levi Merrell sworn as Executor July 1836. Transcribed by Mark Valsame, Raleigh, NC. File at: http://files.usgwarchives.net/nc/buncombe/wills/merrell2677gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 12.3 Kb