Northampton County, NC - Wills - McDaniel, James - 1858

Will of James McDaniel

In the name of God amen, I, James McDaniel of Northampton County and State 
of North Carolina being in sound mind and disposing memory, do make publish 
and declare this my last Will and Testament in manner and form following 
(viz.)-
Item 1  I convey unto A. J. Harrell as Trustee, the eastern end of my marsh 
tract of land, up to the Benthall line, thence along a large path through 
said tract of land to the Sumner line for the special use and benefit of my 
Daughter Rebecca Blythe during her life and after her decease, I give and 
bequeath the same to James E. Bryant.
Item 2  I give and bequath to Millard F. Joyner the West end of my Marsh 
tract of land, down to the above mentioned path.
Item 3  If either of the above named James E. Bryant or Millard F. Joyner 
shall die without a lawful heir of their own body, then and in that case, 
the surviving one shall share the part of the deceased one.
Item 4  I convey unto A. J. Harrell as trustee my home tract of land, for 
the special use and benefit of my daughter Martha Futrell during her life 
and after her deceased I desire the same to be sold by my executor, 
hereinafter named.
Item 4  I give and bequeath to Sarah Vick, Elizabeth Vick and Delia Vick 
each five dollars to be paid to them by my Executor, hereinafter named.
Item 5  I convey unto A. J. Harrell, as Trustee, my negro slaves Elliot 
and Clifton, for the purpose of being hired out yearly at a low rate, and 
the proceeds applied to the maintenance and education of my grand Daughter 
Elizabeth Benthall from the time of my decease until she arrives to the 
age of twenty one years, then the said negro slaves to be hers, the said 
Elizabeth Benthall forever, provided however if the parents of the said 
Elizabeth Benthall shall not suffer the trustee A. J. Harrell to have the 
maintenance and education of her the said Elizabeth Benthall, then and in 
that case, all the provisions of this my last will and Testament in regard 
to the said Elizabeth Benthall shall be null and void to all intents and 
purposes and the proceeds of hire of the aforementioned negro slaves, 
Elliot and Clifton, I give and bequeath to Nathan Blanchard, H. C. Edwards 
and A. J. Harrell each to share and share alike provided further if the 
said Elizabeth Benthall shall die before she arrives to the age of twenty 
one years, then and in that case I give and bequeath the said negro slaves, 
Elliot and Clifton to Nathan Blanchard, H. C. Edwards and A. J. Harrell 
each to share and share alike.
Item 6  My will and desire is that my negro slaves Peggy and Julie be sold 
by my executor, hereinafter named, and that they have the privilage of 
choosing their masters at four hundred dollars for Peggy and six hundred 
dollars for Julia.
Item 7  My will and desire is that my negro slaves Matilda, Lucinda, and 
Aremonia be carried by my Executor to some free State within the United 
States and I hereby appropriate for that purpose to each one the sum of 
two hundred and fifty dollars.
Item 8  My will and desire is that all of my property not disposed of in 
this my last will and testament be sold by my Executor and after all of my 
just debts are paid, the remainder if any be applied to the benefit of my 
said negro slaves, Matilda, Lucinda and Aremonia.
Item 9  I hereby nominate and appoint my trusty friend, A. J. Harrell, my 
lawful Executor of this my last will and testament to all intents and 
purposes to execute every part and clause thereof, hereby revoking and 
declaring utterly void all other Wills and testaments heretofore by me 
made, and for a renumeration to him for the same, I hereby allow him ten 
per cents commissions.  In witness whereof I have hereunto subscribed my 
name and affixed my seal this 22 day of Nov. 1858.

                              James McDaniel (seal)

The above written instrument was subscribed by the said James McDaniel in 
our presence and acknowledged by him to each of us and he at the same time 
published and declared the above instrument so subscribed to be his last 
will and testament, and we at the testators request and in his presence 
have signed our names as witnesses hereto this the 22 day of Nov. A. D. 
1858.

Charles T. Dumus
Jason Jacobs

__________________________________________________________________

Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm

This file was contributed for use in the USGenWeb Archives by
Harvey Benton Harrison, III <petercdaniel@hotmail.com>
___________________________________________________________________