North Carolina,Lenoir Co.,Bible, HARDY SUTTON Sr. Will
=========================================================
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 repro- 
duced 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.
 
Copyright © 2000 by Martha Mewborn Marble. This copy contributed
for use in the USGenWeb Archives. by Martha Mewborn Marble
mmarble@erols.com 
=======================================================

No further information as to the location but it probably came from the
Manuscript Collection, ECU, Joyner Library and this may be a hand
written copy of the original.

WILL OF HARDY SUTTON, SR.

In the name of God, Amen, I Hardy Sutton Senr of the County of Lenoir
and State of North Carolina being of sound mind and disposing memory
but considering the worthy quality of my earthly existence do make and
declare this to be my last will and testament in manner and form
following that is to say

First That my executor herein after named shall provide my body a
decent christian burial suitable to the wishes of my relatives and
friends and my circumstances of life and pay all funeral expenses
together with my just debts howsoever and to whomsoever owing out of
the moneys that may first come into his hands as a part of my estate.

Secondly It is my will and desire that the property being negroes that
I have heretofore by deed of gift given to Dempsey Wood and his
children be his and theirs for them to hold and enjoy for their own use
and benefit and which said deed of gifts I do now in every respect
confirm and make it a part of this my Last Will Testament.

Thirdly I give unto my beloved wife Ann Sutton for her life or
widowhood one third of my home tract of land which shall include my
dwelling house and out buildings being one third of the land given me
by deed and by will of my father, Benjamin Sutton, deceased and at her
death or marriage it is my will and desire that it shall then go to and
I do hereby at that time devise and give the same unto my well beloved
son, Julius E. Sutton and his children forever.

Fourthly I give unto my well beloved wife Ann Sutton for her life or
widowhood the following negro slaves - old Chaney, Eliljah, Hardy,
Polly, Martha and little Save and at her death or marriage I give and
bequeath the said old Chaney, Elijah and Martha to my well beloved son
Lemuel H. Sutton and his children forever.

Fifthly I give and devise unto my well beloved son Julius E. Sutton all
of my home tract of land with the exception of the third thereof herein
before to and unto my wife Ann Sutton for her life or widowhood being
the land given me by deed and by will by my father, Benjamin Sutton so
that at the death or marriage of his mother he the said Julius E.
Sutton shall own the whole of my said home tract to him the said Julius
E. Sutton and his children forever.

Sixthly At the death or marriage of my wife Ann Sutton, I give and
bequeath unto my son Julius E. Sutton the negro woman Polly before
loaned to my wife for her life or widowhood and the increase of the
said Polly from this time forth to him the said Julius E. Sutton and
his children forever.

Seventhly At the death or marriage of my wife Ann Sutton, I give and
bequeath unto my beloved son Julius E. Sutton the negro slave Little
Save before loaned to my wife for her life or widowhood to him the said
Julius E. Sutton and his children forever.

Eighthly I give and devise unto my beloved son Junius E. Sutton all
that portion of my Uzzell tract of land that lies on the west side of
the Kinston and White Hall public road and on the Pinebrast ?? road and
adjoining the lands of Dempsey Wood and Joe L. Elmore and my home tract
to him the said Junius E. Sutton and his children forever.

Ninethly I give and bequeath unto my beloved son John A. Sutton all
that portion of my Uzzell tract that lies on the last side of the
Kinston and White Hall public road to him the said John A. Sutton and
his children forever being that of the Uzzell tract of land not before
given to my son Juius E. Sutton.

Tenthly I give unto my beloved wife Ann Sutton one bed, her choice and
stead and furnture and at her death or marriage I give the said bed and
stead and furnture to my son Julius and his children forever.

Eleventhly I give and devise unto my beloved son Thomas Sutton all of
the tract of land upon which he now lives being the land that I
purchased of Benjamin Sutton to him the said Thomas Sutton and his
children forever provided and on condition that he pays over to my son
Lemuel H. Sutton the sum of one thousand dollars with which payment I
do hereby charge said land. But if the said Thomas Sutton should depart
this life without leaving lawful begotten children surviving then and
in that went the said land shall be divided unto two portions of one
third and two thirds each and the one third portion it is my will and
desire that the wife of the said Thomas Sutton, my beloved daughter in
law Julia A. Sutton shall own and have for and during her life or
widowhood on condition and provided that she the said Julia Ann Sutton
shall never sell the same to any one save and excepting to some of my
own children and at her death or marriage I give and devise it to my
children to be equall!
y divided between them each to share and share alike and at the death
of the said Thomas Sutton without leaving lawfully begotten children
him surviving then the two thirds portion of said land it is my will
and desire shall be divided between all my children for them to share
and share alike.

Twelfthly At the death or marriage of my wife Ann Sutton, I give and
bequeath the negro slave Hardy before loaned to my wife for life or
till she married unto my beloved Thomas Sutton and his children forever
but if he the said Thomas Sutton should die without leaving lawful
begotten child or children, heirs surviving it is my will and desire
that the said Hardy shall be divided between all my children for them
to share and share alike.

Thirteenthly I give and bequeath unto my beloved daughter Nancy Wooten
wife of Joseph Wooten and her children forever the following negro
slaves vis Rachel, Mary, George, Wright, Hecter, Charity, Liah, Albert
child of Mary and their future increase and all other property which I
have before now put into her possession.

Fourteenthly I give and devise unto my well beloved son William H.
Sutton all that tract of land upon which he now lives and which I
bought of Wm J. Hunter to him and his children forever but provided and
on condition that he pays over to my son Benjamin F. Sutton the sum of
one Thousand Dollars which payment I do hereby charge said land.

Fiftenthly I give and devise to my well beloved son Lemuel H. Sutton
and his children forever one half of my Frog point tract of land being
the half upon which he now lives and the said tract to be divided
according to quately.

Sixteenthly I give and devise unto my well beloved son B. F. Sutton and
his children forever one half of my Frog Point tract of land being the
half other that above given to Lemuel H. Sutton and his children the
said tract to be divided according to quality.

Seventeenthly I lend unto my beloved son in law Joel Elmore for and
during his own life provided he does not outlive his present wife my
beloved daughter Martha Elmore and if he does so outlive her his said
present wife the said Martha Elmore there so long as she does live the
following negro slaves Margaret - rest on copy not readable - ----
present husband. The said Joel Elmore then and in the event I lend all
of the said negro slaves and their increase to her for and during her
own life and at her death I give and bequeath all the said negro slaves
and their increase unto her children by her present or future marriage
but to the exclusion of any child or children by her had and bore by
any former marriage.

Eighteenthly I give and bequeath unto my well beloved daughter Sallie
H. Sutton and her children forever the following negro salves viz Mary,
Gatsey and Arter and their future increase.

Ninettenthly I give and bequeath unto my well beloved daughter Louisa
Sutton and her children forever the following negroes slaves viz
Clarlsey, Avey, and Barbara child of Polly and their increase.

Twententhly I give and bequeath unto my well beloved daughter
Christiana Sutton and her children forever the following negroes slaves
to wit Lany, Charity and little Nice and their future increases.

Twenty firstly It is my will and desire that if any of my children sons
or daughters to whom I have given any portion of my property as well
lands as negroes should die without leaving lawful begotten children
their surviving the portions of there so ?? desire with the exception
of that given to my son Thomas Sutton for with regard to his portion
provision has already been made shall be equally divided between my
children for them to share and share alike as they would do under our
laws of distribution were I to die intestate.

Twenty secondly It is my will and desire that my executor here in after
named shall collect all the debts to me owing sell all my perishable
estate of all and every kind and species ?? and the following negro
slaves viz Nicey aged about forty three years, Alfred Lucy ?? son aged
thirty years, Jerry, Prince, Isac, George and Allen on such a credit as
to him may seem best and out of the proceeds of said sale to pay all of
my jut debts and funureal expenses and the surplus if any it is my will
and desire to be divided between all my children - and their children
for them to share and share alike as they would do under our law of
Distribution were I to die intestate.

And lastly I do hereby constitute and appoint my trusty faithful and
dutiful son Benjamin F. Sutton my lawful executor to all interest and
purposes to execute this my last will and testament according to the
intent and meaning of the same and every part and clause thereof hereby
revoking and declaring utterly word all other wills and testament by me
heretofore made. In witness where of I the said Hardy Sutton Sr. do
here unto set my hand and seal this 28 day of February 1861.

Hardy Sutton, Sr