LENOIR COUNTY, NC - WILLS - Benjamin Sutton, Sr., 13 Aug 1863 ==================================================================== 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. This file was contributed for use in the USGenWeb Archives by: Tory (Sutton) Helmon tory.hel@gte.net ==================================================================== LAST WILL AND TESTAMENT OF BENJAMIN SUTTON, SR In the name of God, Amen. I, Benjamin Sutton, Sr., of Lenior County, and State of North Carolina, being of sound mind and disposing memory but calling to mind the uncertainty of death, do make, ordain and establish this my last will and testament in manner and form following, viz.: That is after my death for my body to be buried in a decent manner and my funeral expenses and just debts be paid according to law, by my executor hereinafter named. Item 1. My will and desire is that the marriage settlement between my wife ELIZABETH SUTTON and myself shall stand without any ammendments, as agreed upon by us as reference to said paper writing will fully show. Item 2. I give and bequeath unto my daughter NANCY DAILY, WIFE OF GEORGE DAILY, to her and her heirs forever, the following named negro slaves, viz.: Lettis, Mill, Mariah, Bob, Jenny, Hester, and all their increase, and also all the other property I have heretofore given, which she has in her possession. Item 3. I give and bequeath unto my son DANIEL SUTTON and his heirs forever, one certain tract of land; Beginning at a dead pine on the dividing branch and runs North 176 poles to a stake, then South 73, East 41 poles to a stake, then North 365 poles to a stake, then West 65 poles to a stake, then South 348 poles to a sweetgum, then West 53 poles to a stake, then South 150 poles to a huckleberry on the run of the dividing branch, then down and with the run of said branch to the beginning, containing two hundred and thirty-six acres more or less, and all the other property I have heretofore given him, which is now in his possession. Item 4. I give and bequeath unto my son WM. SUTTON and his heirs forever one tract of land which that I bought of Alfred Ellis on the South side of Neuse River which said tract of land I have heretofore given William a deed for; also on this day William's own note for Seven Hundred and Thirty- Five Dollars together with all the other property which I have heretofore put him in possession to him and his heirs forever. Item 5. I give and bequeath unto my daughter SARAH BIZZELL, WIFE OF JOHN J. BIZZELL and her heirs forever the following named negro slaves and their increase, viz.: Isaac, Mariah, James, Jess, Eveline and Abram and all the other property which I have heretofore given her, which she has in her possession. Item 6. I give and bequeath unto my daughter CHLOE M. PARKS, WIFE OF JOHN PARKS, and her heirs forever, the following named negro slaves, viz.: Needham and Amanda, also, five hundred dollars, which sum I have already paid her, and all the other property I have given her, which she has now in her possession except the negro girl Amanda. Item 7. I give and bequeath unto my son THOMAS SUTTON and his heirs forever one tract of land known as the upper part of the lands I bought of Jesse Pipkin lying in Wayne County; Beginning at a huckleberry tree on the run of the dividing branch, my son Daniel Sutton's corner of the lands I gave him, and runs with his line North 150 poles to a stake, then East 53 poles to sweetgum, then North 348 poles to a stake, then West 81 poles to a stake, then South 258 poles to two water oaks, then South West about 100 poles to the run of the dividing branch, then down and with said run to beginning containing two hundred eighty five acres more or less, and all the other property which I have heretofore put him in possession. Item 8. I give and bequeath unto my two grandsons THOMAS H. and WM. H. SUTTON, children of deceased son Daniel (should have read HENRY) SUTTON, two thousand dollars to be equally divided between to them and their heirs forever. Item 9. I give and bequeath unto NANCY SUTTON, widow of my deceased son, HENRY SUTTON, five hundred dollars to her and her heirs forever. Item 10. I give and bequeath unto my daughter MARY HINES, WIFE OF IRA D. HINES and her heirs forever, two negro slaves viz.: Jenny and Florence, and all their future increase, one bed, bedstead & furniture which she now has in her possession. Item 11. I give and bequeath unto my daughter WINNEFRED J. FIELDS, WIFE OF ELIJAH FIELDS and her heirs forever, two negro slaves viz.: Mariah & Hardy, and all their increase, one bed, bedstead & furniture and two cows & calves. Item 12. I give and bequeath unto my sons ALEXANDER SUTTON and FREDERICK SUTTON the whole of my tract of land to be equally divided between them, which tract of land I bought from Worry Kilpatrick said land is on the South side of Neuse River, and on each side of Moseley's Creek adjoining the lands of Worry Kilpatrick and others containing about 600 acres more or less to them and their heirs forever. Also two beds & furniture, two horses, four cows & calves, four sows & pigs, to be equally divided between them. Item 13. I give and bequeath unto BENJ. H. SUTTON, ALLEN W. SUTTON, GEORGE L. SUTTON, JENNETT SUTTON, ISAAC E. SUTTON, LOUISA R. SUTTON and JAMES B. SUTTON all my lands not heretofore given away to be equally divided between them, and their heirs forever. Also the whole of the negro slaves not heretofore disposed of except old Jenny, to be equally divided between the above named seven children share and share alike to them and their heirs forever. Also the sum of five hundred dollars not otherwise disposed of to be retained by my son THOMAS SUTTON for the support and maintenance of old negro Jenny during her life. Item 14. I desire as soon as practicable after my death that my hereinafter named Executors do make sale on a credit of six months of all my crop, stock, "grate" house & kitchen furniture, and everthing not heretofore disposed of, and the money arising from said sales after paying all the legacies expressed in this my will, together with all the debts which may be due me at my death and money in hand if there should be anything over to equally divided among my seven youngest children, except ISAAC ELI SUTTON, must have five hundred dollars more than the other six named children on account of his lameness. Item 15. And lastly I hereby nominate and appoint my two sons WM. SUTTON and THOMAS SUTTON my true and lawful executors to this my last will and testament utterly revoking and forever disannulling all other will or wills by me heretofore made, In witness whereof I have heretofore set my hand and seal this 13th August 1863. Allen W. Wooten Benj. Sutton, Sr. (Seal) A.W. Barwick North Carolina Lenior County Court September Term 1864 Whereas the foregoing paper writing purporting to be the last will and testament of Benj. Sutton, Sr., dec'd is exhibited for probate in open court, by WILLIAM SUTTON one of the Executors therein named, and the due execution thereof by the said Benj. Sutton, Sr,. is proved by the oath and examination of Allen W. Wooten and A. W. Barwick the subscribing witnesses thereto. It is therefore considered by the Court that the said paper writing and every part thereof is the last will and testament of the said Benj. Sutton, Sr., and the same is ordered to be recorded and filed. And thereupon the said WILLIAM SUTTON, Executor, as aforesaid, duly qualified as such by taking the oath required by law. And in obedience to the Stay-Law enters into bond in the sum of one hundred and twenty thousand dollars with Thomas J. Kennedy and Lewis C. Desmond as sureties. Bond given and approved. N. Hunter C.C.C. Enrolled in the clerk's office of Lenior County Nov 4, 1864 at Rogers Store Wake County, N. C. N. Hunter, C.C.C. State of North Carolina, Lenior County. I, Wm. W.N. Hunter, Clerk of the Superior Court and Probate Judge of Lenior County, hereby certify that the foregoing is a true copy of the last Will and Testament of Benj. Sutton, Sr., dec'd, as found on record in this office. Witness my hand and official seal the 13th day of January, 1873. SEAL Wm. W.N. Hunter, Clerk and Judge ------------------------------------------------------------------------------- NORTH CAROLINA WAYNE COUNTY The foregoing certificate of Wm. W.N. Hunter, C.S.C. (signed) of _____Lenior_____ County, is adjudged to be correct. Let the instrument, with the Certificate be registered. Witness my hand this ___ day of ____July_____1915______. J.B. Hooks (Signed) Clerk Superior Court ------------------------------------------------------------------------------- Recorded in RECORD OF WILLS Book 4 Page 41, Wayne County Clerk of Court Office.