CABARRUS COUNTY, NC - WILLS - Henry Shoe - 1857 ************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, 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. This file was contributed for use in the USGenWeb Archives by: Betty Harwood harwoodb@ih2000.net *************************************************************** Cabarrus County, N.C. Will Book 2 Page 68 - 69 Cabarrus County Court July Sessions 1860 State of North Carolina Cabarrus County Be it Remembered that at a Court of Pleas and Quarter Sessions began and held for the County of Cabarrus at the Court House in Concord on the third Monday in July in this year of our Lord one thousand Eight hundred and Sixty and in the Eighty fifth year of American Independence. Present and presiding the Worshipful David Coleman L.B. Heninninger A.P. Clarke John M. Black When the following last Wills and Testaments were provided for Probate in open Court and ________ _______ excuition duly proven according to law whenceforth it was ordered and adjudged bt the court that they be admitted to Probate and that they be Recorded and filed. The said last Wills and Testaments and in the following ______ and figures to wit: I Henry Shoe of the County of Cabarrus and State of North Carolina being of Sound mind and memory, but considering the uncertainty of my earthly existance do make and declare this my last Will and Testament in manner and form following that is to Say First That my Executors herein after named Shall provide for my body a decent Burial Suitable to the wishes of my friends and relations and pay all funeral expenses together with my just Debts howsoever and to whomsoever owing out of the monies that may first come into their hands as a part and parcel of my Estate. Item 2nd I give and bequeath to my wife Catharine all my land whereon I now live during her Lifetime also my Negroe woman Hannah also my two Horses and waggon and Such other property as she may wish to keep. The balance of any property which may ______ be needed by her Shall be sold at public Sale by my Executors and the money arising from Said Sale written notes and money on hand Shall be equally divided between my wife Catharine and my Children namely Johu, Jacob, Isaac, Martin, and my Daughters Betsy, Susan and Catharine the part going to my Daughter Elizabeth I appoint my Son Johu Shoe Trustee to hold her legacy and apply it to her _____ _____ in his judgement may require. Item 3rd I will that my Son Martin and my Daughter Susan cultivate my plantation and to have the use of my Horses and Waggon And to pay my wife one third of all the crops raised thereon for her mantainance during her life they are also to keep up all necessary repairs on the farm Item 4th After the Death of my wife it is my will that the personal property willed to my wife be Sold at public Sale by my executors and the money arising from Said Sale to be equally divided amongst my aforenamed Children. Elizabeth Shoe to be placed in the hands of her trustee and applied as before directed. Item 5th All my land is to be equally divided between all my Chi;dren Johu, Jacob, Isaac, Martin, Elizabeth, Susan, and Catharine with previso that Martin is to have the north part of my ____ to new parallell with Mathias Barriers line provided it will include House and Barn and purvided it does not include the Barn the Commissioners are to new as to enclude the Building Martins lot ____ to be valued the balance of the lots to be valued and equatised. Item 6th It is my will that my Executors pay first out of my Estate to my Grand children of my Daughter Polly dec.d each five dollars namely John, Milly, & Catharine Item 7th I do hereby appoint my two Sons namely Johu and Isaac Shoe Executors of this. August the 24th 1857 Henry Shoe {Sealed} Signed and sealed in the presence of us George Barnhardt Daniel M. Moose I Henry Shoe do hereby _______ this prescent Codicil which I do order and direct Shall be taken as a part of my ammend last Will and Testament. I do hereby revoke and make void ____ _____ ______ just where I have willed land and other legacy to my Daughter Elizabeth Sides who is now dead and give by this will to her two heirs namely Edmund and Tilmon Sides each five dollars their full share of their legacy. In witness whereof I Henry Shoe do Hereunto Set my hand and Seal this August this 1858. Henry Shoe {Seal} Signed sealed published and declared In the presence of us Daniel M. Moose George Barnhardt I Nelson Slough Clerk of the Court of Pleas and Quarter Sessions of the County and State aforesaid do hereby testify that the foregoing last Will and Testament of Henry Shoe Dec d . was exhibited for Probate in open court by the Executors teus named and the due execution thereof by the Said Henry Shoe duly _______ by _____ and enanination of D.M. Moose & George Barnhardt the two subscribing witnesses thereto, whenceforth it is considered by the court that the Said paper writing and every part thereof is the last Will and Testament of the said Henry Shoe decesed that it be recorded and filled & thenceforth John Shoe & Isaac Shoe the executors as aforesaid duly qualified as such and received letters Testamentory. Nelson Slough Clerk