Will of Benjamin Hocut of Johnston County, 1858 ******************************************************************** File contributed for use in the USGenWeb Archives by: Lorene Rambo ********************************************************************* USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ******************************************************************** Early will from Johnston County, transcribed by Lorene Rambo, given to be used according to USGenWeb guidelines: Will of Benjamin Hocut of Johnston County, 1858 In the name of God Amen State of North Carolina Johnston County May the thirty first eighteen Hundred and fifty eight I Benjamin Hocut of the County of Johnston and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance do make and Declare this my last will and Testament in manner and form following that is to say first that my Executor hereinafter named shall provide for my Body a deasent Buriel suitable to the wishes of my Relations and friends and pay all funeral expences together with my Just debt, howsoever and to whomsoever owing out of the money that may first come into his Hands as a part or parcel of my Estate. Item the first I give and devise to my beloved wife Sintha Hocut my home plantation Containing four Hundred and sixty one Acres dureing her lifetime then I give and bequeath the said four hundred and sixty one Acres to be Equally divided at my wifes death between my six children to wit Nancy Hilliard that married William Hilliard and William Hocut and Rilda Legans decst that married Henry legans to her Bodily heirs and lany Hocut a single woman and Atlas Hocut and James Hocut Sons and daughters to them and their heirs for ever and in the division of this tract of land above named I want my son James to have the house lot. Item my plantation lying on little River in said County Containing two hundred and fifty five Acres adjoing Zechariah Hocut and Josiah pully and others at the west end of said tract of land I want forty Acres adjoining Josiah pully and Zechariah Hocut cut off and sold by my executor. Item then I give to my son Caswell Hocut Seventy one Acres adjoining the said forty Acres and adjoining his other land. Runing this seventy one Acres north and south to him and his heirs forever. Item. I give to my daughter Hariet that married Augustus parrish seventy one Acres to her and her bodyly heirs for ever Bounded as follows. Begining at the causeway across the Spring ranch at a holly Bush where the Road crosses said Branch Runs down said Branch to the said little River then up the River to the Road then down said Road to the Begining containg the seventy one Acres be the same more or less. Item I give to my son Bryan Hocut the Balance of said tract of land being Seventy one Acres be the same more or less to him and his heirs for ever with the Exception of one field that is On the Road in cultivation dureing my wifes lifetime. Item I give to my daughter Lany one Red cow to her and her heirs forever. I also give to my daughter Lany one bed bedstid and furniture forever. Item I give to my son James one ______ Horse to him and his heirs forever. Item I give to my beloved wife one negro man named Will dureing her lifetime. After selling Enough of my personal property to pay all my just debts and Expences and then the Ballance I give to my wife during her lifetime and after her death then for it to be sold and Equally divided between the before mentioned heirs. As to my son lemuel Hocut I consider he has had his part in advancements and has to be advanced by being his security. And lastly I do hereby constitute and appoint my son Bryan Hocut my lawful Executor to all intents and purposes to Execute this my last will and Testament according to the true intents and meaning of the same and Every Part and clause there of hereby Revokeing and declareing utterly void all other wills and Testaments by me here to fore maid Where of I the said Benjamin Hocut do here unto set my hand and seal day and date first written signed sealed and publsihed and declared by the said to be his last will and Testament in the presents of us who at his Request and in his presence do subscribe our names as witnesses there to. B. Woodard N. R. Whitley Benjamin Hocut Johnston County Court; August Term 1858 Then was this paper writing exhibited in open court and the due execution thereof was proven by the oaths and examination of B. Woodard and N. R. Whitley the subscribing witnesses thereto whereupon the same was admitted to probate and Brayn Hocutt the Executor therein named was duly qualified as such by taking the oath prescribed by law. Thos. Snead C.C.C.