Mecklenburg County NcArchives Wills.....Harris, Jonathan 1827 ************************************************ 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: Ann Gary bbteam@mycvc.net May 29, 2007, 8:56 pm Source: Vol. E: Page 76 Written: 1827 MECKLENBURG COUNTY: Record of Wills: 1763-1844, Vols. A-H: C.065.80001: North Carolina State Archives, Raleigh, N. C. Vol. E: Page 76 In the name of God Amen I Jonathan Harris of the State of N° Carolina & County of Mecklenburg being under a declining circumstance of Health, but of Sound mind and memory blessed be God for his mercies and Remembering that it is appointed to all men to die, Do publish this my last Will & Testament in manner and form as follows Viz Imprimis I commit my Body to the dust to be buried in a decent manner at the discretion of my Ex"., and my Soul to God who Gave it trusting and confiding in mercy according to the And as touching that worldly estate that God in his Goodness has bestowed upon me I dispose of it in manner & form as follows. Viz, I comit my whole property of whatsoever Kind real and personal in Trust into the hands of my Executors out of which in the first place all Just Debts to be paid. The Testator hopes and believes that his notes and accounts pertaining to his mercantile business on hand will be Sufficient for the payment of all Debts but should this not be the Case that Such other property be in addition appropriated to Said purpose as shall the view of my Ex"^ appear best Item I devise that a large marble Slab of a Double ? be procured out of my Estate Saved? to the memory of my Father & Mother Item I devise that the ballance of my property and Estate whatever Kind be & remaining in the hands of my Ex1^ to the advancement of my well beloved Wife & Children also for the due and proper education of my Children. Item I devise that my dear Wife be endowed with a Childs portion of all my Estate Item I devise that all my Children be apportioned in an equal manner out of my Estate when they Shall come of age or marry & Should any one or more of them die in a State of minority or Should any die at any period without Issue that under that contingency the property inherited Endowment shall revert back into my Estate — Item I devise that Should any piece of property appears necessary to be Sold in the View of my Ex" that in that case they are invested with discretionary power (except as to my Negro property) It is 'my will that this be not sold. And that in the future division of my said Negroes property the breaking of familys be avoided as much as possible and that in every respect in their management, all due humanity be constituted ~~ Notwithstanding the proceeding restriction about disposing of my Negro property I do hereby Invest my Ex", power Should the measure appear necessary to Sell as many as four Finally I do hereby constitute and appoint my dearly beloved wife Sarah the Executrix, my Dear Son James C Harris, And my true & Trusty friend my Brother in Law John Spring the True & proper Ex", of this my Last Will & Testament & Should the place of either the Ex" of this of any of the preceding Ex" become Vacant by Death And in that case I substitute and appoint my dear Son John B S Harris in his or room In Witness whereof, and every part of this Instrument I have hereunto set my hand and Seal this 9th of Jany AD 1827 In presence of J.M. Wilson Jos. W. Ross Jon" Harris [Seal] Codecil I add by way of codecil that my Will is that my younger Children be as well educated as those that are grown up and that my Estate previous to any division be charged with the expense J. M. Wilson Jos. W. Ross Jon" Harris [Seal] Second Codecil October 10th 1829 This day I Jonathan Harris being in a Sick and weak low condition but still of Sound mind & memory do on the day & year above written add to my last Will & Testament as above Stated and expressly ? Imprimis my will is that the mining Interest on my Land & premises be duly prosecuted at the direction of my Executors and that the proceeds be appropriated to the establishment of demands against the Estate. Item. I will that a Line beginning at the pine Hill Continuous to F Whites & the McCombs place the above my Mill dam thence through the grand oohland? in the mining business & now working & xxx worked for that purpose thence continuing same course & until it intersects the line dividing on the home Tract & The Bigger tract; all Lands by the East of Said line including mansion House and the appurtenances and buildings & machinery be & Remain the property of my Dear Wife Sarah have & hold full Right & possession of the above Lands and premises during her natural Life; And after said lands & premises be & remain the property of my Son John his heirs & assigns forever Item I will that all my other Landed property & Household no adjudged best by my Ex to be Sold be & remain in the hands & under the care of my Ex as a common property of my Other Legatees to be handed over to them by my said Ex when they marry or come of age in way and proportion that in their wisdom they shall judge but equitable This to be done to them their heirs & assigns forever. Item I will that all my household property of whatsoever kind be & remain in the hands of my Dear Wife Sarah for her use and comfort, & after that of my family; And to 'be at her final disposal, Item I will my house & Lott with appurtenances & improvements be contiguous to the Court House in the Town of Charlotte to my beloved Son William in fee Simple Item I will that this whole mining interest on all my lands & premises be & remain common & equal property of all my legatees Subject to a previous article in this instrument of writing that they be worked for the payment of debt and that no Legatee shall alianate or Sell their interest in Said mines, or minerals except to another legatee or by & with the consent & approbation of the Other Legatees; and that the Same constriction prevail & be in force as to all Real Estate inherited by my Common Legatees Item My will is that should any of my Legatees not Live to come of age, or should they die without Issue that shall Live to come of age that in that case, or in either case their whole property, real & personal inherited by Virtue of this Instrument, Revert back into my Estate & become the whole property of my Surviving Legatees Item I devise that should any xxx doubt or misunderstanding arise in the construction of this instrument, or in any manner or thing pertaining to my Estate; that in that case the matter be Settled by the award of three disinterested & Reliable men, and not by Legal Issue: And Should any legatee refuse to abide the division by Said division he or she Shall forfeit all right, title, & Interest in my Estate Item I will that my dear wife Sarah have her Gold watch & my riding Carriage to be her own proper & full use; that my Son John B Harris have my Gold Watch: & that at a proper time my Exrs procure one of equal Quality for my Son William A Harris Finally I do Substitute & appoint my Dearly beloved wife Sarah Executrix & beloved Son John B. L. and my true & Trusty Friend & relation John Springs the True & Lawful Executors of this my Last Will & Testament NB My dear Wife to have her choice in The negro property This instrument by way of Codicil containing three pages & this line added to the previous instrument of last Will & Testament & four pages bearing date Jany 9th AD 1827 declared to be The last Will & Testament of the Subscribing Testator In witness whereof he the Testator hath hereunto Set his hand and Seal this 10th October AD 1829 according To date first above written In presence of John M Wilson Jon. Harris L.S. Joseph W Ross W. Williamson File at: http://files.usgwarchives.net/nc/mecklenburg/wills/harris328gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 8.3 Kb