Will of Michael Day, 1828, Davidson Co. NC ****************************************************************** File compiled and contributed for use in the USGenWeb Archives by: Lorri Hill http://files.usgwarchives.net/nc/davidson/wills/day01.txt 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. ******************************************************************. NORTH CAROLINA DAVIDSON COUNTY MARCH SESSIONS 1828 The following wills were submitted to probate & registration at March Sessions 1828 MICHAEL DAY'S WILL (#2) In the name of God Amen. I Michael Day Sen. of the State of North Carolina & County of Davidson being in a ___ state of health, but of perfect mind & memory, calling to mind the mortality of my body. And knowing that it is appointed for all men once to die do on the eighteenth day of January in the Year of our Lord One thousand Eight Hundred & twenty eight make and ordain this my last will & testament that is to say I give my soul unto the hand of the Almighty God that gave and my body to the earth to be buried in decent Christian burial at the discretion of my executors and as ____ such worldly estate wherewith it hath pleased God to bless me with in this life. I give demise & dispose of the same in the following manner & form ~ First I give will & bequeath to my dearly beloved wife Caty my mansion house & land whereon I now live, with about one hundred & forty two acres land more or less, together with all household & kitchen furniture, stock of horses, cattle, hogs & sheep, 1 wagon & gears, 1 still & tubs & every other article belonging to distillery, all money & notes found with the negroes Cate & Sal and every other article in any use belonging to me as it now stands. (excepting articles that shall be hereafter particularly named and disposed of otherwise), to be enjoyed by her as long as she remains my widow, with the privilege of selling any part of the property, excepting the land to enable her to pay my debts & raise the younger children, and if she should marry again the whole of the property, (excepting what shall be hereafter named), be sold & the money arising from such sale be equally divided between my eight children MICHAEL, EVE, PEGGY, CATHARINE, VALENTINE, POLLY, SUSANNA, & MARY. & their mother giving her a child's part, and if either of my daughters, POLLY, SUSANNA, MARY now living with their mother, choose to leave her, by marriage of otherwise, they are to have, each, one cow & heifer & one bed & furniture & one chest & one spinning wheel, to make them equal to those in legacy that is already gone. Secondly, I give will & bequeath to my beloved son VALENTINE 80 ac. of land on the South end of the tract that I now live on bounding the lines of MARY MIKLE & JOHN MCCRARY, including the improvements, whereon the said VALENTINE now lives, and also one young mare 3 years old & one bridle & saddle to be enjoyed by him & his heirs forever. Also I do appoint my two sons Michael and Valentine the sole executors of this my last will & testament and I do hereby utterly disallow and disannul all and every other former wills and testaments by me in any wise before named willed and bequeathed ratifying and confirming this and no other to be 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 pronounced and declared by Michael Day Sen. {Seal} the said Michael Day as his last will and testament in the presence of us, who in his presence and the presence of each other have hereunto subscribed our names David Berrier George Thomason Sen.