Burke County NcArchives Wills.....Day, Nicholas July 2, 1815
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File contributed for use in USGenWeb Archives by:
Ron Garrison rmgarrison@gmail.com February 27, 2011, 9:16 am

Source: Lds Film
Written: July 2, 1815

In the Name of God Amen July the 2nd Day In the year of our Lord 
One Thousand Eight hundred & fifteen I Nicholas Day of the State of North 
Carolina and County of Burke Farmeour being very sick and weak in Body 
but of Perfect mind and memory thanks be unto God for the Same and Calling to 
Mind the Morality of my Body and knowing that it is in Appointed for all men 
once to Die Do make and ordain this my last Will and Testatment that is to 
Say Principally and first of all I give and Recommend my Soul unto 
the hand  of God that gave it and as Concerning my Body I Recommend 
it to the Earth to be Buried at the Discretion of my friends and as touching 
Such Worldly Estate wherewith it hath Pleased God to Bless me in this Life 
I give Devise and Dipose of the Same in the Manner and form following 
That is to say in the first place I give and Bequeath to my beloved wife 
{Page Break}
Grace Day my lands and plantation wheron I now live with my House and 
Household furniture together with all my Farming Utensials and Stock of Every 
kind and my Negro wench named Winnifred freely to be possesed by her During her 
Natural Life or Widowhood my Just Debt being first paid out of Said Stock and after 
her Death or Marriage my will is that all the above mentioned Estate together 
with the above Named Negro wench and her Increase to my youngest beloved son 
Colbert Day freely to be Possessed by him and his Heirs forever.  Excepting on 
Bed and furniture and pot oven & one Heifer and Book Case & Table and al the Other 
Little Utensials that my wife Grace brought with her when I mMarried her these I want 
to give to my Step son John Angely Commonly called Fippo to be freely possessed 
by him forever  - I also give and Bequeath to my beloved Daughter (to wit) 
Elizabeth Powell Sarah Carter Mary Powell Isbell Bailey a Certain Tract of Land 
Equally Amongst them containing one Hundred Acres lying in the County of Burke on 
the top of the Breshy Mountain Beginning at a Poplar tree running South thirty five 
Chains to a Whiteoak thence East Lying on the waters of the Lower Creek by them freely 
to be possessed and (injoyed) and I Do Hereby utterly Disallow revoke and Disannul 
all and Every other former testament wills and Legacies Bequeaths and Executor by me 
in any way before this time named will I  and Bequeath Ratify and Confirmed this and 
no other to by my Last Will and testament and also I constitute and apoint my sons 
John Day and Hulslap Day to Execute this my last will and testament in Witness & 
whereof I have hereunto set my hand and seal the day and year first above written 
Signed & Sealed in presents of      
John Blair                                                                  
(signature of Nickolas Day w/seal)
John Day




State of North Carolina                          Court of Pleas and 
Burke County                                      3 quarter Opens 
Oct 17 1815
The last will and testamant of Nicholas Day dec'
was presented in Curt and proven by the oath of
John Day a witness thereto and ordered to be
recorded. 

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