Craven County, NC - Will of Benjamin Mason, 1805 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NC Dept of Archives & History Will of Benjamin Mason of Craven County Will Book 4 Page 223 In the name of God Amen, I, Benjamin Mason of Craven County & State of North Carolina being sick and weak in body but of sound mind and memory do make and _(faded)____ this to be my last will and testament revoking all others, that is to say – Item I give and bequeath unto my beloved wife Nancy Mason the use and profit of that part of may land which I do herein after give to my son Thomas Mason and so much of that which I give to my son Benjamin Mason as is now under cultivation during her natural life or the time of her remaining a widow. But she shall not use more wood or timber of any kind than what is necessary for the support of the plantation buildings, fence & c. Also I give and bequeath unto my said wife during her natural life the use of my Negro girl named Rose also the use of all the rest of my negroes except Phebe and all my personal property of every kind except such as she shall think proper to sell for the payment of my debts which it is my will should be paid out of my personal property but not Negroes which said personal property and Negroes excepting Rosi and such as shall be sold for the payment of my debt and other necessary expenses she my said wife shall hold use and enjoy but not dispose in any way during such time and under such provisions as I shall hereinafter mention. Item I give and bequeath unto my beloved Daughter Polly Mason, my negro girl named Phebe, and my Negro boy named Jim also one bed & furniture and all such cattle out of my stock as she has been particularly called hers, which said Negroes, bed and cattle to be delivered to her by my Executors immediately after my death. Item I give and bequeath to my beloved daughter Nancy Mason my Negro girl Rosi with all her increase excepting Jim, that, with all the increase she shall ever have until the death of her mother. After the death of her mother also my Negro boy named Ceaser and one bed and furniture it is further my will and desire that my wife should have the use of said negro Ceaser until my said daughter Nancy shall arrive at the age of eighteen years and then to be delivered into her possession and that my wife should bring up and educate my said Daughter Nancy in a decent and proper manner suitable to her family and for ?time? without any other change on property then the use of it as aforesaid provided nevertheless that if my said wife should marry during the minority of my said Daughter Nancy then in that case my son Thomas shall take said Negro Ceaser into possession and attempt to raising and educating his Sister in the same manner and in the same consideration (Viz) the use of Ceaser as his Mother was devised to do. But if my said Daughter should die before she arrives at the age of eighteen years aforesaid my will is that her property be equally divided between her surviving brothers and sisters of the whole blood. Item I give and bequeath to my beloved Son Benjamin Mason the lower part of the land whereon I now live beginning at the mouth of a ditch about one hundred yards to the southward of my house, thence running up said ditch to the mouth of a branch thence up said branch nearby a north course to the back line then down the said line which is Charles MeLenes line to the mouth of a ditch on the side of Adams Creek thence up the various courses of said Creek to Jonicaw? Creek thence up said Jonicaw Creek to the first station to him his heirs and assigns forever subject to the right of his mother in the improved part of the same, as mentioned in the first ___faded____ hereof. But not withstanding if he my said son Benjamin should die before he arrive at the age of twenty one years or marry, then in that case it is my will that said land should be equally divided between his surviving brothers of the whole blood also in the same manner and with the same provisions above I give him 200 acres at the head of the Creek called the Caux? Landing. Item I give and bequeath unto my beloved son Thomas Mason the part of my land whereon I now live beginning at the mouth of a ditch to the Southward of my house the beginning corner of his brother Benjamin’s Land running thence up Jonicaw Creek to the mouth of a small gut at the upper part of my plantation where my water fence now is then up said gut and branch thereof turning northwardly through a row of ponds to the back line then with said back line to his brother Benjamin’s corner thence with his said brothers’ line to the first Station to him and his heirs forever Subject to his Mothers right to the same as mentioned in the first clause hereof. But if he my said Son Thomas should die before he arrives at the age of twenty one years or marrys then in that case it is my will that the above land be equally between his surviving brothers of the whole blood. Item I give and bequeath to my beloved Son Thomas Mason all the remaining part of the tract of land whereon I now live not herein before bequeathed to Benjamin and Thomas ? Mason to him and his heirs forever. Also my negro man named Ben until my said son Thomas does arrive at the age of twenty one years or marrys then to be delivered into his possession and that my said wife should bring up and educate my said son Francis in a decent and proper manner suitable to his family and fortune without any further charge on his property then the use of it as above mentioned provided nevertheless that if my said wife should marry before my said son Francis comes of age or does marry as before mentioned then and in that case my will is that my son Thomas take possession of said Negro Ben and attend to raising and educating his brother in the same manner and for the same consideration (Viz) the use of Ben as his mother was directed to do. But if he my said son Francis should die before he arrives at the age of twenty one years or does marry then in that case my will is that all his property above mentioned should be equally divided between his surviving brothers of the whole blood. Item it is further my will and desire as soon as convenient after my death that my executors appoint a public Vendue for the sale of so much of my personal property as my wife and executors think will be of the least to my said wife as will pay all my just debts and all necessary expenses and that they shall give six months credit on the sale thereof and I further direct and authorize my said executors to sell my Lighter at public or private sale as they think most advantageous and after the payment of my debts as foresaid and my will that they equally divide the surplus between my wife and all my children. Item it is further my will and desire that if my said wife should marry after my death then all the property being given to her except Rosi and other Negroes be sold at Public auction at twelve months credit and the money arising from that sale equally divided between my said wife and each of my children. Land and Negroes must not be understood in the property to be sold and further if my said wife should die and not marry after my death it is my desire in that case that all the property herein bequeathed to her use except Land and Negroes and Negroes should be sold at Public sale at twelve months credit and the money arising from that equally divided between all my children. I do further authorize constitute and appoint my trusty and well beloved friends Joseph Nelson of Smiths Creek and my beloved son Thomas Mason to be my lawful executors to this my last will and testament. In witness whereof I have hereunto subscribed my hand and affixed my seal this Second day of October in the year of our Lord 1804. Benjamin Mason (Seal) Signed Sealed and Proved in presence Of us who in presence of each Other have hereunto set our hand. William C. Nelson Thomas M. Wallace Adam Mahairn ?? State of North Carolina} Sept Term Craven County Court 1805 The last will and testament of Benjamin Mason Decd was proved by the oath of Adam MaHairs one of the Subscribing witnesses thereto & Thomas Mason one of the Executors therein named Qualified as such. Attest Samuel Chapman CC (Benjamin Mason married Nancy Nelson sister of Joseph Nelson of Smith Creek) ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Gail Swain - fluffy@cconnect.net ___________________________________________________________________