MONTGOMERY COUNTY, NC - WILLS - James Batten - 1845

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State of North Carolina
Montgomery County

I James Batten, Sen., of the county and state aforesaid being of sound
mind and memory but considering the uncertainty of my earthly existence
do make and declare this my last will and testament in manner and form
following, that is say
Item 1st That my executors herein after mentioned shall provide for my
boddy a decent burial suitable to the wishes of my relations and 
friends and pay all my funeral expences together with my just debts, 
howsoever and to whomsoever owing out of the moneys that may first come 
to his hands as a part or parcel of my estate.
Item 2nd I give and devise to my beloved wife and my son James Batten
one hundred and eighty acres of land it being the ballance of land of
land which I now posses which I have not given of to my son James 
Batten to be his and his (word left out--mother?) during her natural 
life and at her desease to be my son James' absolute right. Also I give
and devise to my beloved wife, Mary Batten one Negro man named Ephriam 
and one Negro woman named Hannah and all my house hold and citchen 
furniture and all my farming tools of every discription to be hers 
during her natural life and at her death to be equally divided among my
children. To wit, Sentha Lewis, David Batten, Sarah McQueen ad Mary 
Chauncy and James Batten.
Item 3rd I give an devise to my oldest daughter Sarah McQueen, Sentha
Lewis and the heirs of her boddy one Negro girl Norry and one negro boy
named Calvin to be delivered at my desease.
Item 4th I give and devise to my daughter Sarah McQueen and the heirs 
of her boddy one negro girl named Len and one negro girl named Smith 
Mary to be delivered at my disease.
Item 5th I give and devise to my daughter Mary Chauncy and the heirs of
her body one negro girl named Nancy Ann and one named Liza Charlot to 
be delivered at my disease
Item 6th I give and devise to my son James Batten one negro boy named
Jacob & also give and devise to my son James Batten all my tracts of 
land in which I now live at my wife's disease to have and to hold to 
him and his heirs in fee simple .....
Item 7th And lastly I do hereby constitute and appoint my trusty friend
James Batten my lawful executor to all intents and purposes to Execute
this my last will and testament according to the full intent and 
meaning of the same and every part and clause thereof, hereby revoking 
and declaring utterly void all other wills and testaments by me 
heretofore made.
In witness whereof I the said James Batten Sen., do unto set my hand 
and seal this 11th day of May of February AD 1845 signed sealed 
published and declared by the said James Batten Sr. to be is last will 
and testament in the presents of us who at his bequest and in his 
manner do subscribe our names as witness thereto.

                                     his
                                   James x Batten Sr. (seal)
                                     mark

Codicil to the foregoing will
Whereas (I) James Batten have made my last will and testament in 
writing bearing date this 11th day of February 1845 and thereby made 
sundry devises and bequests according to these existing circumstances
of my estate but which circumstances having now naturally changed, I do
by this my writing which I hereby declare to be a codicil to my said 
will to be taken and construed as a part thereof. It is my will that my
son James Batten have in addition to what I devised to him in the 
foregoing will a negro girl Wincy to be his at the death of my wife 
Mary of which I have a bill of sale Rec't signed & sealed the 7th day 
of March AD 1853 in presents of:

Malcolm Murchison                              his
Wm Coggin                                 James x Batten Sr. (seal)
                                               mark

NB 
The words 'and her heirs' were sticken out before signing. Also and 
'the heirs of her Boddy' were inserted before signing.

Angus M Dunn