Lenoir County, NC - Will of Benjamin Sutton ~~~~~~~~~~~~~~~~~~ 6758 BENJAMIN SUTTON WILL Copy found in North Carolina Supreme Court Cases #6758 and #4890. This particular version was found in #6758; however, Guy checked it against #4890 because Item #10 said Mary not Nancy Sutton. Both copies said Mary although Guy and Grace read the 2nd one as Nary. Either the original Will was written wrong or both copies had an error. Both cases have been posted under Court Records. This is the Benjamin Sutton usually referred to as Benjamin Oxley Sutton although there is nothing to indicate he had a middle name. In the name of God Amen. I Benjamin Sutton of the State of North Carolina & County of Lenoir being of sound & perfect mind & memory, blessed be God, do this thirteenth day of Novr in the year of our Lord one thousand Eight hundred & twenty make publish and ordain this to be my last will and testament thereby revoking & annuling all former wills in manner following that is to say First I most humbly recommend my soul to God 2nd My will and desire is that my remains be intered in a Christian like manner at the discretion of my Exrs 3rd My will & desire is that all my just debts be fully paid and discharged 4th My will and desire is that my beloved wife Sarah Sutton be paid by my Exrs the sum of five Dollars 5th My will is that my wife Sarah Sutton during her natural life have the use of all my personal estate including all my negroes Stock of every description household & kitchen furniture and plantation utensils except such as shall hereafter be given away 6th I give and bequeath unto my beloved daughter Sarah Hardie all the property heretofore given and one Dollars to be paid by my Exrs. 7th I give and bequeath unto my beloved son John Sutton the property heretofore given and one Dollar to be paid by my Exrs 8th I give and bequeath unto my beloved son Thomas Sutton the property heretofore given and one dollar to be paid by my Exrs and one feather Bed & furniture two cows & three calves two sows & three pigs 9th I give and bequeath unto my beloved son William Sutton all the property heretofore given and one Dollar to be paid by my Exrs two cows and calves two sows & pigs & one Bed & furniture 10th I give and bequeath unto my beloved daughter Mary Sutton one feather bed & furniture two cows & calves two cows & their pigs and seven ?? Dollars to be paid by my Exrs 11th I give and bequeath unto my beloved daughter Winifred Barwick the property heretofore given her and one Dollar to be paid by my Exr 12th I give and bequeath unto my beloved daughter Mary Rouse the property heretofore put in her possession and one dollar to be paid by my Exr 13th I give and bequeath unto my beloved son Benjamin Sutton all the property heretofore put in his possession and one Dollar to be paid by my Exrs 14th I give and bequeath unto my beloved Daughter Elizabeth Ellis all the property heretofore put into her possession and one Dollar to be paid by my Exr 15th I give and bequeath unto my beloved son Hardy Sutton all the property heretofore given and one feather Bed & furniture two cows & calves two sows & pigs & one Dollar to be paid by my Exrs. 16th My will and desire is that at the death of my beloved wife Sarah Sutton that all the property heretofore given ?? during her natural life be equally divided between my four Daughters Nancy Sutton, Winifred Barwick, Mary Rouse & Elizabeth Ellis which they are to hold papers and enjoy during their natural lives, then my will and desire is that at the death of said Daughters Nancy Sutton Winifred Barwick Mary Rouse & Elizabeth Ellis that the property heretofore mentioned that I left my beloved wife Sarah Sutton is hereby intended to be absolute unto my four Daughters here above named and at their death give to the lawful begotten heirs of their body 17th It is also my will and desire that at the death of my beloved wife Sarah Sutton that my still be equally divided between my two sons Benjamin Sutton & Hardy Sutton. NOTE: Some of these words were cut off on the bottom of this copy and Guy double checked it against the 2nd copy. Signed Sealed and published and delivered by the said Benjamin Sutton to be his last will and testament. In presence of us who were present at the time of signing and sealing. Benjamin (x) Sutton I hereby constitute & ordain my two sons John & William Sutton & my two sons in law Richard Rouse & Alfred Ellis my Executors of this my last will & testament. A. Croom J. H. Byrd Robert (x) Mitchell Acknowledged 18th Apr in presence of Dennis J. Dailey 1832 acknowledged the 12th of May in presence of William Gray 1832 State of North Carolina, Lenoir County Court of Pleas & Quarter Session Oct Term 1832 The last will & testament of Benjamin Sutton Senr dec was offered for probate and the acknowledgement thereof duly proved in open court by Dennis I. Dailey who made oath that the testator acknowledged it before him on the 12th of May 1832. It appearing to the satisfaction of the Court that the said last will & testament of Benj. Sutton could not be proved by the subscribing witnesses. Abram Croom in dead nor can Joshua H. Byrd or Robert Mitchell who moved out of the – next word not readable – of this state – ordered in same be recorded. Lewis C. Desmond, CME Enrolled in the Clerk’s Office the 14th of June 1832 Lewis C. Desmond, Clk State of North Carolina, Lenoir County Court of Pleas & quarter Sessions – April Term 1841 This was the foregoing last will & testament of Benjamin Sutton dec exhibited in open court and Richard Rouse one of the Exrs therin named appeared & qualified a executor thereto ordained that letter testamintary issued to the said Executor. Lewis C. Desmond, Clk State of North Carolina Lenoir County Curt of Pleas & quarter sessions April Term 1848 This was the foregoing last & testament of Benjamin Sutton dec is offered for probate and Lewis C. Desmond & William H. Croom being duly sworn make oath & say that they are well acquainted with the hand writing of Abram Croom & Jos. H. Byrd the subscribing witnesses to the said last will & testament of Benja Sutton dec are in the proper hand writing of them the said Abram Croom & Joshua H. Byrd & they believe that the said Abram Croom & Joshua H. Byrd assigned their said signatures as subscribing witnesses respectively to said will & that the said Abram Croom is dead & that the other two subscribing witnesses viz Joshua H. Byrd & Robert Mitchell have since removed from the State of North Carolina and when last heard from were citizens and residents of distant states, whereupon it ordered by the Court that the said last will & testament of Benjamin Sutton be recorded. W. C. Loftin, Clk Loftin certified this as a copy of the original will on 24 April 1848. ___________________________________________________________________ Copyright. 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