CUMBERLAND COUNTY, NC - WILLS - John C. Atkins, 18 Dec 1843 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Melanie Atkins melanieatkins@chartertn.net ==================================================================== Cumberland Co., NC, John C. Atkins Will of 18 December 1843; Proved March Term 1844 Transcribed from copy received from NC State Archives State of North Carolina Cumberland County December 18, 1843 In the name of God Amen. I John C. Atkins of the County of Cumberland in the State of North Carolina being of sound and disposing mind and memory - but sensible that it is appointed unto all men to die - and of the uncertainty of this life - Do make and publish this as my Last Will and Testament hereby revoking all others by me heretofore made. 1st I give devise & bequeath unto my beloved Wife Mary I. Atkins all my property of every description - both Real and personal - to have & hold the same during her natural life or Widowhood, - but it is my will also that on the death of my said wife that all my property both Real & personal be equally divided between my children: and in the event that my sd wife should marry again (which I do not anticipate) - my will is that whenever such marriage shall take place - then my property aforesaid shall be immediately divided between my wife and children - she taking a childs part. 2nd As some of my property consists of slaves my desire is that my wife shall at any time during her widowhood when in her discretion she thinks it prudent to do so - sell any of my Negroes and have the control & use of the funds arising from sd sale during her life or widowhood and that after her death or widowhood the - same division of sd fund shall be made as I direct in regard to my property in the first clause of my will. I desire my executors to pay all my just debts. And I deem it right to state that my will is made thus because I have all confidence in the prudence of my beloved wife and because I believe she will manage and use the property aforesaid for the benefit & support & education of my children as well as herself. I nominate constitute & appoint my trusty friends John L Christian and Edmond G. Lilly my Executors to carry out the herefores of my will - collect & pay my debts and perform all the duties of my rightful executors and particularly that my sd Executors do everything in their power to close at the earliest period the unsettled business between my deceased brother's Estate and myself - being business originating in the mercantile partnership existing between us in Fayetteville: [Note: See 1842 Will of brother George B. Atkins] In testimony whereof I have hereunto set my hand ----- al [and seal]- this the 18th December AD 1843 [signed] Jno. C. Atkins (Seal) Signed published & declared in the presence of. [signed] John H Hall [signed] A.G. Stacy North Carolina } Court of Pleas & Quarter Sessions Cumberland County } March Term 1844 This day was affirmed for probate by John L Christian and Edmond G Lilly a paper writing purporting to be that last Will and testament of John C Atkins deceased which was duly proved in open Court by the oath of A. G. Stacy one of the Subscribing Witnesses thereto who also proved the signature of John H. Hall the other Subscribing Witness Whereupon on motion it was disclared by the Court that said paper writing is the last will and testament of John C Atkins deceased and further that Letters Testamentary issue to John L Christian and Edmond J Lilly the Executors therein named - Executors qualified and Letters Testamentary issued. From the Minutes J. McLaurin, Clerk Will No. 18, John C. Atkins, Recorded in Book C of Wills page 51, J. McLaurin, Clerk