NASH COUNTY, NC - WILLS - David Winborne, 8 Dec 1847 ==================================================================== 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 reproduced 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. This file was contributed for use in the USGenWeb Archives by: DLewis1029@aol.com ==================================================================== THIS MY LAST WILL & TESTAMENT DAVID WINBORNE In the name of God amen. I David Winborne of the county of Nash and State of North Carolina being low in boddy but in sound disposure of memory thanks the Lord for his mercy do know that it is appointed once for men to die do make and ordain this my last will and testament and first I commit my spirit to God that give it and my boddy to the dust from whene it was taken to be buried in a christain like manner. Next to that it is my desire that all my natural debts that I leave unsettled at my death should be paid as soon as convenient. Item 1st I give to my beloved wife Isly Winborne one feather bead bedstead and furniture, one blue chest, one cow and calf, one yearling, two sows and pigs, five head of sheep, two ? tables and all the water vessels belonging to this house hold and I further give her five dollars in money and it is my desire, that my wife , together with my executor call upon some five judicious husbandmen, of good judgement to asist them in laying off unto my beloved wife and her family out off the crop and stock on hand one years provision. Beside thje property given I now lend to my beloved wife during her natural life or widowhood, the following property Viz.--one cow and calf, one yoke of work steers and cart and wheels, one horse or mare, her own choice out of my stock of horses, one folding Walnut table. I also lend her one loam and ?Geor and one wheel and carts, one dutch oven two pots (turn over) Further more I lend her that track of land whereon I live seperate from the land I bought of Hardy Pridgen together with my gristmill with all the appertanance there unto belonging. I also lend to my wife two negroes, one by the name of Ben, one by the name of Jacob, neverthless the ?nature of the loan of the last peaces of property mentioned is such as necesity render it so with the consent of my wife my executor may sell. either part or all of last the peaces of property mentioned nevertheless if such sale should be affected in my wifes single life time, she is to be entitled to one seventh part of the neat process of such sale therefore the loan is such as not to prevent my son John I from making any sort of improvment on the land so as not to interfere with the farm of his mother. the following estimated amount of next five ligacies which I have given in advance in which there may be some very small - incorrectness as it repects the precise amount mentioned some may be a little more and some a little less but for my own satistaction and for the nearest approach to justice that I can come I have estimated them all at five hundred dollars each. I have given unto my beloved son James Winborne in land and other property $500 to him and his heirs forever. I have given unto my beloved son son Josiah Winborn in land and other property five hundred dollars to him and his heirs forever. I have given unto my beloved son Ivy J. Winborne in land and other property five hundred dollars to him and his heirs forever. I have given to my beloved son David Winborne in land and other property five hundred dollars to him and his heirs forever. I have given unto my beloved daughter Melany Beezzell in land and other property five hundred dollars to her and her heirs forever. unto my beloved son William Winborne beside what I have given him already I now give him in money three hundred and seventy dollars to him and his heirs forever. Unto my beloved daughter Nancy Williams besides what I have given her I now give her in money four hundred dollars to her and her heirs forever unto my beloved daughter Mary ?Winborne besides what I have given her I now give her in money four hundred dollars in money to her and her heirs forever. I now give unto my duaghter Eliza (beth) Winborne, one feather bead, bedstid and furniture, one hunting saddle and four hundred and sixty three dollars in money to her and her heirs forever. I now give unto my daughter Martha A. Winborne one featherbed stid and furniture and four hundred and seventy five dollars in money to her and her heirs forever. I now give unto my beloved son John I Winborn, a filly called the Joyner filly and saddle, one shot gun, all my cooper shop and tools, one tract of land I bought of Hardy Pridgen, I give to him at my death and all the land whereon I live and the gristmill with all the appertonancesis thereunto belonging at his mothers marriage or death. I now give unto my beloved daughter Isly Jane Winborne one featherbed stid and furniture and four hundred and seventy five dollars in money to her and her heirs forever.....for it is my desire that if the first sales should be found dificent in raising money forlall the at legacies Mary Eliza C.. Martha A & Isly Jane for it is my desire that the four legatees mentioned should devide or shear the overplus after paying William and Nancy their lagacies . It is also my desire that when ever the loan property comes into market that after suppling the deficincy of the leg ies last mentioned that the surplus left if any should be equally between my son Josiah and the heirs of my son Ivy I.? Winborne and Melany Beezzell and my daughter Mary and my son David and my daugher Eliza C. and my daugher Martha A. and my son John I and my daughter Isly Jane. I also do ordain and appoint my son Josiah Winborne my whole and sole executor to execute this my last will and testament and it is my desire that all the residue of my property not given away or loaned in this will should be sold with the execeptions of my religious books. and I do hereby revoke make null and void all other wills by me made heretofore this being my last will and only will. Where unto I now set my hand and affix my seal this the 8th day December in the year of our Lord 1847 in the presence of us. D. Winborn .... Seal William Hares Mintan M. Godwin State of North Carolina Court of Please and Quarter Session Nash County February Term 1848 The foregoing paper writing purporting to be the last will and testament of David Winborn decd is offered for probate and duly proven in open court on oath by the subcribing witnesses thereto and is ordered to be recorded Attest F. M. Taylor BBB and is recorded Attest F. M. Taylor BBB