MOORE COUNTY, NC - WILLS - Joab Cheek Will - 1820 ************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. This file was contributed for use in the USGenWeb Archives by: Glenda Biggerstaff gleebigg@geocities.com *************************************************************** NOTE: This will was very difficult to read from microfilm. In the case of the codicil; the writing is very small and tight, making transcription very difficult, not to mention the quality of the mircrofilm. However, the major issues of the will are here. Every attempt will be made to continue to decipher the missing words. In the Name of God Amen, I Joab Cheek of the County of Moore and State of North Carolina being of sound mind and memory and having _________ __________ ___________ of the _____ of death _____-the _______________ ____to God who gave it and my body to the grave ________ ___________ _____ ________shall take place do make order and state that this my last will and testament ___ ____ ____ ____ ____ ____ ____ ____ In the first place I will devise and bequeath to my beloved wife Mary one hundred acres of land on Deep(?) ______ _____ ___ _______ on the South East corner of my land in ______ ____ square on at nearly so as ____ ____ to include my ________ house and out houses which it is my will that my wife enjoy during her life or widowhood as aforesaid Secondly I give and bequeath to my wife my negro slaves Starling, Peter, Henry, Sudor, Sarah and Mary during her life or widowhood Thirdly after the death or marriage of my wife I give and bequeath my negro Girl Sadda and her increase to my daughter Polly Fourthly after her death or marriage of my wife I give and bequeath my Negro Girl Sarah and her increase to my daughter Betsy. Fifthly after the death or marriage of my wife I give and bequeath my negro girl Mary and her increase to my daughter Lucy Ann. Sixthly: my land with heretofore given and devised to my wife, I give and divide to my son in full(?) to be equally divided between them all, and also that part of my land I have given and devised in a preceeding clause of the will my wife I give and devise on or at the death and marriage of my wife to all my sons in ____ to be equally divided between them Seventh: to each of my daughters Polly, Betsy, and Lucy Ann and to each of my sons I bequeath one feather bed and furnitrue and one cow and calf Eighth: To my son John I bequeath a young horse brown by the name of Charly Ninth: on the death or marriage of my wife I will bequeath and direct that my Negro Peter Starling and Henry shall belong to my five youngest sons to wit, to John William Blake Joab Brantley and James to be equally divided between them and if any or either of my said five youngest sons should be dead without leaving lawful issue at the death or marriage of my wife that their share to go To the survivors or survivor Tenthly as to thte rest and ____ of my stock of cattle horses and _____ my farming Utensils and household and kitchen furniture ___ ____ ____ of and ___ heretofore disposed of I will and direct to be sold by my Executor ___ ____ _____ in the possession of my wife and her ___ ___ during her life and widowhood a sufficant quantity of said stock utensisls and furniture to ___ her situation and that of her family comfortable Eleventh: If after selling so much of the stock utensils and furniture ____ ____ to be sold by _____ preecding claus of this will a sufficincy should not be raised to pay my debts I will and direct that Peter shall be sold for that ____ by my Executors Tweteth: In consideraton of the large and liberal portion I have given and bequeated to my wife I request will bequeath and direct that my wife so long as she shall remain single and unmarried shall out of the proceeds of the property I have left her support and educate my children until they come of age or marry in the best manner her prudence and judgment will direct as she may be able to do a duty which I have no doubt she will cheerfully perform - Thirteenthly: As I have already done a good part by my Daughter Milly Elliot I cannot in justice to my other Children give her anything in addition to my ____ bounty hereby confirming to her what I have heretofore given her and which she has now possession Fourteenthly after the payment of my debts out of the monies arising from the sale of a portion of my stock utensils and furniture as before directed and arising from the sale of Peter (if his sale should be neccssary) should any surplus remain I will and bequeath that it be equally divided among my nine youngest children - Fifteenthly as to all the rest and resided of my estate of every kind sort and description including all my rights credits and demands ____ _____ to ____ I will and bequeath to my nine youngest children to be equally divided between them Lastly I hereby nominate and appoint my brother John Cheek and my friend Col Richard Street and my son Thomas Cheek Executors of this my last will and testament and voiding all previous wills by signing my hand and affixing my seal hereto It being written on ___ ___ paper ___ ____ signed and sealed on the sixth day of March in the Year of our Lord one thousand eight hundred and twenty AD 1820 Witnesses ____ Jones A McKinnon Joab Cheek (Seal) I Joab Cheek the maker ____ declare the following to be adhered to my last will and testament, _____ that part of ____ my _____ _____ _____ _____ ____ _____ lands to be equally divided among all my sons ____ my son Thomas I have had to pay considerable sums of mony for ____ ____ ___ ____ and devised all my lands to my other five sons equally ___ ____ ___ ____ ____ my wife during her life or widowhood as set forth ______ said will and hereby appointment of my son Thomas and Richard Street as my two Executors and I hereby nominate appoint my brother John Cheek and my son Joab Cheek the sole executors of my last will and testament and whereas I have bequeated to my three daughters Polly, Betsy and Lucy Ann three negro girs Suda Sarah and Mary and their increase at my wifes death or marriage ____ ____ ____ _____ _____ _____ family said will. Now if said negros _____ _____ children should _____ an _____ _____ that said ______ shall be paid by my daughters respectively ____ ____ negro are bequeath I also give & bequeath to my sons Joab, Brantly and I give a horse each which shall be valued at fifty dollars and to each son a bridle witness my hand and _____ this fifteenth day of August 1827 Moore County Court Nov Term 1827 - The preceeding Will was duly proven in open court by the oath of A McKinnon a subscribing witness and the codsicl by the oath of Archd McBryde and John Cheek Sr subscribing witnesses and orderd to be executed John Cheek and Joab Cheek was duly qualified as executors Corn Dowd Clk