Hertford County, NC - Will of William B. Wynns, 1840 ~~~~~~~~~~~~~~~ [Will of William B. Wynns of Hertford County, North Carolina transcribed by Bob Thomas, June 4, 2003 from microfilm of the original at the Hertford County Courthouse in Winton, North Carolina. LDS microfilm #19152, “Wills, 1830-1866, North Carolina, County Court of Pleas and Quarter Sessions, Hertford County]. William B. Wynns’ Will I, William B. Wynns being of sound and disposing mind and memory do make publish and declare this my last will and testament, hereby revoking and declaring null and void any and all wills by me at any time heretofore made. First: It is my will that all my just debts be paid. Second: It is my will and I do hereby direct authorize and fully empower my Executors in pursuance of an agreement between the members of the firm of Southall Barday & Co. in the event of my death or the death of any other member of said firm, to purchase the Orman tract of land on which I now reside, Hancock tract of land, and other adjacent lands including the Carter & Williamson tract, so that there may be sufficiency for the land I now have in Florida. My Executors are also directed to purchase a sufficiency of horses, mules, provisions and other necessary articles to stock said farm, to employ good and efficient overseer and to carry on and conduct said farm to the best advantage. Third: It is my will that my Executors at the end of each year, sell the proceeds of said farm to the best advantage, pay all the necessary expenses, and apply the balance if any to the residue of my estate. Fourth: It is my will that if after a few years trial my said Executors do find that said farm is not profitable, they, the said Executors, do proceed to sell my land and Negroes and everything on said farm in such manner as they may deem most conducive to the interest of my estate, taking bonds with good and sufficient security for the purchase money, and applying the proceeds of said sales to the residue of my estate. My said Executors, may, however, in their discretion permit such of my slaves as may wish to do so, to return to North Carolina. Fifth: It is my will that my Executors use their discretion as to keeping up my farms in North Carolina, and the Petty Shore fishery. Sixth: I give and bequeath unto my wife Mary A. Wynns the following lands in North Carolina viz. the Homewood or Odums tract lying West and South of Brooks Creek or Branch, and a small tract of land purchased of Thomas Smith, and I also give and bequeath unto my wife about one third of the offal of the fish caught at the Petty Shore fishery. Seventh: I give and bequeath unto my wife Mary A. Wynns and my children Thomas P. Wynns and James N. Wynns all my Negroes in North Carolina to be divided between them share and share alike. Eighth: It is my desire and my express direction to my Executors that my children be classically educated and their minds improved as much as possible. Ninth: It is my will that my servant girl Harriet remain with my wife until she arrives at the age of eighteen or twenty years at my wife’s discretion and that then if my wife should see fit to so do, she may send said girl Harriet to some one of the free states, my Executors furnishing my wife with the funds necessary for said purpose. Tenth: Is my will that my two Negro boys Winborn and Byrum remain in the family until they are twenty one years of age, or as long as my wife may see fit, she having the right to bind them to some trade, if she should deem it advisable until they are twenty one years old, and when they arrive at said age my wife may set them free if she thinks proper. Eleventh: I give and bequeath unto my wife Mary A. Wynns and my children Thomas P. Wynns and James N. Wynns the proceeds of the sale of my property in Florida if sold, and if not sold, I give and bequeath unto my said wife and children all said property to be divided between them share and share alike. Twelfth: I give and bequeath unto my wife Mary A. Wynns one third of the proceeds of the Petty Shore fishery she paying one third of the expenses and risk thereof. Thirteenth: It is my will that my Petty Shore plantation be either rented or farmed for the benefit of my children, at the discretion of my Executors. Fourteenth: I hereby vest my Executors with discretionary powers as to keeping up my Winton Ferry, if they deem it advisable they can sell it to the best advantage and divide the proceeds equally between my wife and children. Fifteenth: It is my will and direction to my Executors that they purchase the Menphey tract of land and consider the same as attached to the Petty Shore plantation. Sixteenth: I hereby constitute and appoint my friends John W. Harrell and Richard G. Cowper Executors of this my last will and Testament. In witness whereof I hereunto set my hand and affix my seal to this my last will and testament, made in the County of Jackson and Territory of Florida this twenty fourth day of January in the year of our Lord eighteen hundred and forty W.B. Wynns [Seal] Signed, sealed, published and declared by the testator as his last will and testament in our presence, and by us subscribed as witnesses in the presence of the testator and each other. Daniel Smith Cary Whitaker James Williams State of North Carolina Court of Pleas & Quarter Hertford County Sessions May Term 1840 This Last Will and Testament of William B. Wynns dec’d was exhibited in open Court at this Term for probate and the due execution of the same proved by the oath of Cary Whitaker one of the subscribing witnesses thereto and ordered to be recorded. At the same time John W. Harrell & Richard G. Cowper the Executors thereon appointed appeared in open Court & was duly qualified as such and prayed to obtain an Order for Letters Testamentary thereon. Test, L. M. Cowper Clk __________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Bob Thomas ___________________________________________________________________