Berrier, Jacob Sr. - 1856 - Davidson County, NC - Wills

Submitted to the USGenWeb by Stephanie Harrison
info@conquestmusic.com


Jacob Berrier Sr Will

     I Jacob Berrier Sr of the State of North Carolina and count of
Davidson being of sound mind and memory but considering the uncertainly
of mortal life do make and declare this my last will and testament in
manner and form as follows that is to say First, that my executor named
shall provide for my body a decent Christian burial to the wishes of my
relations and friends and pay all funeral expences together with all my
just debts howsoever and to whomever owing out of the first moneys that
may come into their hands as part and parcel of my estate.  ITEM: I give
and devise to my beloved wife Catherine Berrier all the ready money that
shall or may be on hand at the time of my death together with all my
notes accounts and all other dues that may be owing to me in any way or
manner whatsoever together with all my stock, horses, cattle hogs,
sheep. poultry etc.  All my farming tools and implements, gears, wagons
and other vehicles, plows hoes, harrows, axes, smith tools, any growing
crops and provisions on hand, household and kitchen furniture of every
name and nature, all my personal estate to her own proper use to dispose
of any article she may not need and purchase such as she may need or
desire.  ITEM: I give and devise to my beloved wife Catherine Berrier
all my slaves, Mary,Betsey,Neal,Ransom,Burrel, Meriah, Melinda, Harriet
and Rebecca together with all their increase or any and all that may be
born hereafter during the term of her natural life with the privelege of
selling any one or more of them at any time if it be or should become
necessary for the payment of debts, raising the younger ones or for her
own maintainance or on account of any of them becoming refactory or
disobedient at the discretion of and with the aid and consent of my
executor hereinafter named always having in view the best interests of
said estate and if any of the slaves or all or even more of them shall
remain after the death of my widow I desire that they be equally divided
between and amony my children, Jacob Berrier Jr, Susannah, Michael,
Catherine Crook,Eleanor Rothrock,Amanda Sowers and Hiram R Berrier or
their lawful representatives.  ITEM:I give and devise unto my beloved
wife Catherine Berrier all my lands and tenements consisting of one
tract of two hundred and thrity acres another tract of thirty acres also
one of two acres all adjoining the home place on which I now reside be
the same more or less including my dwelling house outhouses other
necessary buildings and improvements ways, water rights, rents, profits
and appurtenances belonging to the same or in any way appertaining to
her own proper use and behalf to have and to hold during the term of her
natural life and after her death I give and bequeath the above named
lands and tenaments to my younger son Hiram R Berrier with all the ways,
water rights, priveleges rents, issues, profits reversions, remainders
and appurtenances to the same belonging or in any wisw appertaining to
have and to hold to his own proper use and behoof to himself his heirs
and assigns in fee simple forever or and in consideration of the bequest
of the above named lands and tenements he the said Hiram R Berrier shall
be charge in a final settlement of my estate the sum of one thousand two
hundred ollars in the same way my older children are charged with
advancements in a certain book I have left for that purpose by which I
desire my executor hereinafter named shall settle my estate in such a
manner as to make them equal those having received most to receive less
or if there be not sufficient to make them equal then those having had
most shall pay to those having less the defieincy until all shall be
equal and I further authorize my beloved wife Catherine Berrier to
charge those under the age of twenty one years or any to whom she may be
able to make advancements in the same way and in the same book and keep
said book for future reference.  ITEM:  I further devise that all the
personal estate that may remain at the death of my widow be sold by my
surving executor herinafter named at public sale and out of the proceeds
to reserve the sum of four hundred dollars or  plase it in the hands of
a guardian as to him may seem most proper to be paid to my grand
daughter Gizeal Shoaf whenever she shall have born to her own bodily
heir but if the said Gizeal Shoaf shall die without a bodily heir then
and in that case the principal of the above named sum of four hundred
dollars with any interest that may have accumulated on the same shall be
divided among the rest of my children Jacob Berrier Jr, Susannah
Michael,Catherine Crook, Eleanor Rothrock, Amanda Sowers, and Hiram R
Berrier or their lawful representatives, the balance of the proceeds of
sale of personal property if any to be divided equally among my children
twice named already share and share alike.  And lastly, I do hereby
consittute and appoint my son Jacob Berrier Jr and my wife Catharine
Berrier my lawful executor and executrix of this my last will and
testament to all intents and purposes according to the true intent and
meaning of the same and every part and clause thereof hereby revoking
and declaring utterly void all other wills and testaments by me
heretofore made.  In witness whereof I the said Jacob Berrier Sr
hereunto set my hand and seal this day of October 23, 1856.


Signed,Sealed,Published and declared by the said Jacob Berrier Sr., to
be his last will and testament in the presence of us who at his request
and in his presence do subscribe our names as witnesses thereto.

Jesse Shoaf
Samuel Sowers                       Jacob Berrier Sr  (Seal)




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