Johnston County NcArchives Wills.....Penny, Caleb 1798 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Mark Valsame mv66nc@msn.com October 30, 2017, 5:11 pm Will of Caleb Penny Johnston County, NC Original Wills, State Archives of North Carolina, Raleigh, NC; Recorded Copy, Johnston County, NC Will Book 1, 1760-1859, pp. 139-141. Devised November 18, 1798 Proven November 30, 1802. In the Name of God Amen, I Caleb Penny of the County of Johnston and State of North Carolina being sick and Weak in Body but of Sound and perfect min and Memory and knowing that it is appointed for all men once to die do make and Declare this my last will and testament in manner and form following, that is to say First I give and Recommend my Soul to God who gave it trusting in his mercies and in the merits of my Redeemer for Remission of all my Sins, desiring that my body may be Disposed of in a Christian Burial as to Such temporal Estate as it hath pleased God to bestow on me I give Bequeath and Dispose of in the following manner to wit – I Lend to my beloved wife Sarah Penny the Land and Plantation whereon I now live During her life one Negro man by the name of Moses and one Negro Woman by the name of Dice with all my household and kitchen furniture one horse called Buckshir and one grey mare ten cows and calves and all my Sheep and all my Stock of hogs and all my Crop of Corn fodder and Cotton and Plantation tools and my will is that the Property lent to my Wife at her Death to be Sold Except the Land and Equally Divided amongst my Children that is to say Alexander Penny, Nancy Atkins, Isaac Penny, Esther Penny, Hardy Penny, James Penny, Frances Penny, Lucy Penny, Salley Penny, and Caleb Penny. Item, I give and bequeath to my Daughter Esther Penny one good Feather bed and furniture one cow and calf one Iron Pot one Pewter Dish two Basons and six Plates one case of knives and forks one Horse and Bridle and Saddle the horse to be worth thirty Pounds to her and her heirs forever. Item, I give and bequeath to my son Hardy Penny his heirs and assigns forever one tract of land lyin in Wake County containing one hundred and thirty two acres which I Purchased of Harris Clark also another tract of land I Purchased of David Turner Containing two hundred and forty acres lying in the County aforesaid also one Horse called bird one Good Feather bed and furniture one cow and calf one Iron Pot one Pewter Dish two Basons and six Plates one case of knives and forks. Item I Give and bequeath to my son James Penny his heirs and assigns forever one tract of land containing two hundred and fifty acres Where Thos Price now lives also another tract of Land Lyin in Wake County Called the Swanson Land for which I obtained a title of Needham Bryan also another tract of land lying on little Creek being a tract of land I Purchased of Charles Coplin also one Good feather bed and furniture one Cow and Calf one Iron Pot one Pewter Dish two Basons and Six Plates one Case of knives and forks also one Horse of not less value than Thirty Pounds and not higher than forty Pounds. Item, I give and bequeath to my Daughter Frances Penny one Horse to the value of thirty Pounds and one Side Saddle and Bridle one Feather bed and furniture one Cow and Calf one Iron Pot one Pewter dish two Basons Six Plates one case of knives and forks to her and her heirs forever. Item I give and bequeath to my Daughter Lucy Penny her heirs and assigns forever one Horse to the value of thirty Pounds one Side Saddle and bridle one feather bed and furniture one Cow and Calf one Iron Pot one Pewter Dish two Basons Six Plates one Case of knives and forks. Item, I Give and bequeath to my Daughter Salley Penny her heirs forever one Horse to the value of Thirty Pounds one Side Saddle and Bridle one Good feather bed and furniture one Cow and Calf one Iron Pot one Pewter Dish two Basons one Case of knives and forks. Item, I Give and bequeath to my son Caleb Penny after my wifes decease the Land and Plantation Whereon I now Live with all the Lands Joining thereto also one Horse to the value of thirty or forty Pounds one feather bed and furniture one Cow and Calf one Iron Pot one Pewter Dish two Basons and Six Plates one case of knives and forks also one mans Saddle to him his heirs forever. Interlined before assigned the words and bequeath Item, I give and bequeath to my Daughter Nancy Atkins one Cow and Calf and twenty Pounds in Cash to her Heirs forever. I do hereby appoint my two sons Alexr Penny and Hardy Penny Executioners to this my last Will and testament and I do hereby Disanul all former Wills by me made Declaring this and no other to be my last will and testament in Witness whereof I have hereunto set my hand and Seal this 18th day of November AD 1798. Rd Rivers ____ Penny Caleb Penny Richd A (x) Smith Recorded in Book No 4 page 109. R. Sanders Clk [Recorded Copy] Johnston County November Term 1802 Then was the above will exhibited in open court which was duly proven and admitted to record. R. Sanders, C.S.C. Johnston County, NC Court Minutes, Book 6, 1801-1804, pp. 83-84. November 30, 1802, A Writing Purporting to be the last Will & Testament of Caleb Penny late of this County decd. was exhibited for Probate, when Isaac Atkins & Josiah Atkins two of the Representatives of Said Decd. in Right of their Wives Came into Court and Contested the Same, whereupon it was by the Court Ordered that an Issue be Made up to try the Validity thereof, when the following Jury was impannelled and duly Sworn to try the Same (To wit) James Hardcastle, Stephen Powell, Solomon Willoughby, Myreck Barnes, Barnaby Bulls, Henry Guy, William Hocut, James Rosser, Peyton Vinson, Edward Lee & Larry Bryan, and James Woodall, and on their Oaths Say Said Will is Valid and that it is the last Will and Testament of Said Caleb Penny decd. when Alexander Penny and Hardy Penny the Executors therein Named Came into Court and Qualified agreeable to Law. Ordered that the Same be recorded, & that Letters issue. And that the Said Executors have leave to [sell] the Personal as well as perishable Part of Said Decd. Estate agreeable to the directions of Said Will. The Said Isaac Atkins and Josiah Atkins being dissatisfied at the aforesaid Verdict Judgment &c. prayed an appeal to the Superior Court which was not granted. Letters issued. Transcribed by Mark Valsame, Raleigh, NC. File at: http://files.usgwarchives.net/nc/johnston/wills/penny2553gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 6.9 Kb