ONSLOW COUNTY, NC - WILLS - Edward Ward, 13 Aug 1834 ==================================================================== 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: Frances B. Henderson fhenderson@ec.rr.com ==================================================================== In the name of God Amen. I Edward Ward of Onslow County and State of North Carolina being of sound & perfect mind and memory, blessed be God, do this the 13th day of August one thousand eight hundred and thirty four (1834) make and publish this my last will and Testament in manner following. that is to say, first it is my will and desire that my body may be buried in the manner that I may verbally direct my friends and in case I leave no direction then at their discretion. 2nd I give and bequeath unto my dear wife Ann Maria Ward all the negroes with their increase that I now own that I got by her in marriage, also yellow George, ?ipio & wife Cate Forten, Donam and wife Cialy and her children, Peggy and children, Rose and children, Pompey, Cook Lucy and her Children, Marcus, Charles, Hannah and her children, Cambridge, Reuben and his wife Winney, Peter Tenor's husband, Ned Lotty's husband, and yellow Ned that I bought from Hatch, Michel one of the house servants, her choice of Carriages and the best pair of Carriage horses, all the stock of every discription that is on the Wayne plantation with all the tools of every discription, House hold and Kitchen furniture, farming utensils of every discription, & all my right and title to the wayne lands that came by her with the crop of corn, fodder, peas, and small grain cotton [added the word "not"] excepted with all the bacon & pork & corn that may be housed at my death or fodder or peas, and I do further give unto her my carpenter Jim, his wife Veny (?) and her children (negroes I bought at Wm Dunn's sale) also Dinah's child Mary and $3,000, three thousand dollars in cash or good notes in consideration of her third of my Onslow lands, to her and her assigns forever - - - - 3rd I lend unto my sister Fanny Montfort my Town point and Holmes point plantation during her life I also lend her the following negroes her life time, Jacob & his wife Huldy and children, Sam, Zetty, William, ?ranu(?), Tom, Peter & Ivy, (these last seven negroes are children of Bill and Crease) Napolean a child of Vilet, Allen, Siller and her [Here ends the first page with the direction "Turn over"] children, Nicy Jun'r and her children, Ann, Martin, Zilly, Hamb and Edmund, these last negroes from Allen are Vilet's children and if Vilet has any more children they are to go in the same way of these, also big Alfred and big Elias - - - 4th I further give and bequeath unto my wife upon the following conditions, the following negroes, Isaac, Darcas and her child Hannah, Wright, Frank and Jones, negroes formerly the property of Richard B Hatch, The conditions are, that if my estate ever comes to any damages for the lands I sold of her in Johnson County to John Sanders of that County, that she pays all damages out of her part of my estate and I do by these presents bind her part of my estate to pay all such damages, and further to make Stephen Smith of Wayne a deed to some piney land I sold him which I got by her, and a deed has never been given, I believe the part I sold him amounts to seventy five or an hundred acres of piney land - - - 5th I give and bequeath unto Edward Ward Smith, son of Stephen and Sally Smith of Wayne, a negro boy George, being one of the negro boys I bought at Richard B Hatch's [word is torn] sale a son of Tabithy and Fortin, also I leave him twelve hundred dollars to give him a colligiate education, to be put upon interest soon after my death and kept upon interest untill he is ready to go to Colledge then advanced as necessary - - - 6th I give and bequeath unto Edward W. Montfort, son of Fanny and Wm Montfort my Town point plantation including the lands I bought of James Gray Executor to I believe Frederick Thompson, the lands I bought of Alfred Thompson and Axom Morris of Duplin County the lands I bought of Gurganus & his wife and Woodward, called the Hambleton land, also the Holmes Point plantation that I bought of Wm S. Hill, together with all the lands not otherwise disposed of in this will, that I own in the Lower South West district, to be his, his heirs and assigns, at the death of his mother, also, all the negroes I lent her to be his, his heirs and assigns after her decease - - - 7th I give and bequeath unto Edward Ward son of Benjamin Ward [Here ends the second page with the direction: (Turn over)] the land I bought of Joseph D. Ward lying on Stones Bay in the Lower South West district, and negroes, Tom, Anthony, Cloe and her three children, (Henry, Alfred & Luke) I leave his father Benjamin Ward his guardian to receive his property at my death - - - 8th I give and bequeath unto Edward Ward Fonvielle, son of Brice & Hellen Fonvielle all the lands I own on the East side of New River (except such as are will'd away by this Will) I give him the lands I now live on with all its improvements, the lands formerly belonging to his father on the sound which I purchased at execution sale, and the following negroes Ran, Sanders, Maria, Isaac & Nicey and all their children, that are not given away to other persons I reserve out of the land I now live on one acre where the grave yard is, to be Kept for a family burying ground, and my Executors are particularly requested to have as much of the ground enclosed with a brick wall as will enclose all the graves now there and as much more as they think will be necessary for future use - - - 9th I give and bequeath unto Margaret Fonvielle Tamer & her child Mary 10th I give and bequeath unto Faney [sic] Montfort, Robert Montfort's wife, Lucy Jack and her child 11th I lend Athelia Morton her life time a negro girl chelsey, Nicey's child, then at her death to her daughter Ann Maria - - - 12th I Give and bequeath unto Ruth Fields negro woman Sally and her child, that I bought of her husband Jacob Fields, and also Esther and her child Jim - - - 13th I give and bequeath unto Amanda Flowers negro woman Cely, Amy, child of Esther, and Margaret, child of Louisa de'd 14th I give and bequeath unto Betsey Ann Sanders, daughter of Shepard and Louisa Sanders, negro girl Viner (?) - - - 15th I give and bequeath unto Harriet Fonvielle, daughter of Edw'd W. Fonvielle, negro man Ephraim and Ned, a child of Tamers - - - 16th I give and bequeath unto Edward Ward Sanders, son of Shepard and Louisa Sanders, a negro boy charles a son of Tamer - - - [Here ends the third page with the direction (Turn over)] 17th I give and bequeath unto Edward Ward Sanders (son of Isaac and Ruth Sanders) a negro boy Jack, son of Isaac & Nicey 18th I give and bequeath unto Edward P Hall a negro man black George - - - 19th I give and bequeath unto Edward W Hawkins (son of John Hawkins) the land his father now lives on, containing I believe about seventy five acres, reference being had to a patent granted to myself will shew - - - 20th I give and bequeath unto the boy children of Edw'd W Fonvielle decs'd Brice, James, and William Fonvielle, the land I bought belonging to their father to be equally divided between them with all the stock I bought at their fathers sale Horses, Cattle and hogs - - - 21st I give and bequeath unto Alice Fonvielle all the house hold furniture I bought at the sale of her husband, except one bed I now give to her daughter Harriet - - - 22nd I lend to Hellen Fonvielle the plantation she now lives on during her widowhood with all the houshold & Kitchen furniture and I also lend her the following negroes for the maintainance of her children, the land and negroes are lent her to maintain herself and children, she is to have the use of the negroes untill the children comes to age or marries, then they are each one to take their own. I lend her Abram, Rachel and her two children and Edy - - - 23rd I give and bequeath unto Mary E Fonvielle (daughter of Brice) negro man Abram - - - 24th I give and bequeath unto Lewis Fonvielle (son of Brice) negro boy Ceasar - - - 25th I give and bequeath unto William Fonvielle (son of Brice) negro boy George - - - 26th I give and bequeath unto Amanda Caroline Fonvielle (daughter of Brice) negro girl Edy - - - 27th I give and bequeath unto James Rhodes Fonvielle (son of Brice) negro woman Rachel, The negroes left to the above five children of Brice Fonvielle is to receive them as they come to age or marry, if Hellen their mother marries then my Executors are directed to take the negroes from her - - - [Here ends the fourth page] 28th I give and bequeath unto Edward W Wilkings (son of Samuel Wilkings) one hundred acres of land lying in jumping Run neck, patented by my father, reference to the patent will shew - - - 29th If I have forgot any of the children of Tamer and Nicey sen'r I give those that are not will'd away to Edward W Fonvielle (son of Brice) 30th I give and bequeath unto Edward W Fonvielle twelve hundred dollars to enable my Executors to give him a colligiate education, to be added to the rent of his land and hire of his negroes for that purpose, and its my will and desire that they should attend strictly to his education & prepare him for the university and send him there as soon as they can, I add three hundred dollars more to the twelve making it fifteen hundred, which I give him for that purpose - - - 31st I give and bequeath unto Edward D. Hall (son of Edw'd P Hall) One thousand dollars to be paid to his father to give him a Colegiate education - - - 32nd I leave fifteen hundred dollars to be paid out by my Executors for the education of Edward Ward (son of Eli W Ward decs'd) to be paid out by them in such proportion as will keep him in College at the University of this state four years, they are to let his Guardian know that as soon as he will have him prepared for College that they will furnish the money to compleat his Colegiate education. The money to be put at interest untill he is prepared for College, if any is left after his education is completed then let him have it - - - If necessary they can advance one or two hundred dollars to prepare him for College, and if necessary they are required to do so 33rd I leave my negro man Bill free and his daughter Dinah I also leave free to cook, wash, wait on him and give him every necessary attendance during his life, I leave them the House that Dinah and Cloe now lives in their life time, and also the Cray field and as much land as they wish to take in for their use during their lives, with the priviledge of fire wood and timber to build them a house and make fences - I leave them all the Cray old field [Here ends the fifth page with the direction: (turn over)] cleared and uncleared and as much of the Cray nick for their own use If Dinah has children her increase I give to Edward Ward Fonvielle and his assigns - I also leave my man Cape and negro woman Vilet free they are man and wife, and leave them the Cumberland field on the land I bought of Wm S Hill with the priviledge of fire wood and timber to fence it and as much land adjoining as will be necessary for their own use, and timber to build a house, - If Bill and Dinah Cape and Vilet or either of them are willing to go to any of the free Colonies or States my Executors are required to let them go and furnish them with fifty dollars a piece in cash to pay necessary expences, but should Dinah not leave before her father's death nor within two years afterwards I do give her to Edward W Fonvielle his heirs and assigns - - - 34th I leave my friend Josiah Ward his choice of my horses except the Carriage horses, and my briddle & saddle - - - 35th I leave Doct'r David G. W. Ward my watch and establishment & silver mounted single barrel gun - - - 36th I leave Edward W Montfort my silver mounted double barrel gun - - - 37th Its my will and desire that my Executors have a vault built in my grave yard and put at least eight feet below the surface of the ground and five feet above besides the roof which will make it much higher, and have it at least fifteen or twenty feet square, built of good brick and the grave yard is to be bricked in as before direct'd - The vault I want for myself to be put in, it must therefore be done very soon - - I want it large enough for myself, wife, sister Fanny and her husband and son and son's wife if they wish, & it may also be for his children and for Edward, the son of Brice, thats all I wish put in it, I have no objection if it will hold more that it should be fill'd with the near relations after provision is made for what I have mentioned - - - 38th I hereby appropriate five hundred dollars, two hundred and fifty of which is to build a meeting house for the purpose of preaching in & keeping school in free for any denomination of preacher that chooses to preach in it, to be [Here ends the sixth page] built near the head of spring Branch, one acre of ground is also given to build it and the other two hundred and fifty dollars is to be put at interest and the interest annually paid to the preachers that preach in it - - - 39th I lend to Clarissa Hatch, Tilithy and her child Mary, and Tenor and at her death to be equally divided amoung her children 40th I give and bequeath unto Mary, Caroline, Lewis, William and James Rhodes Fonvielle, children of Brice Fonvielle decs'd, the land I bought, that formerly belonged to Irving Yopp lying on the south west side of New River near Wilkings and Sneads Ferry, reference to a deed made by Sheriff Fonvielle will fully discribe the land, to be equally divided amoung them - - - 41st I give and bequeath unto Edward Ward (son of my cousin John Ward) a negro man Tony - - - 42nd I leave Betsey Gornto (daughter of John Gornto) one hundred dollars to be paid soon after my death - - - 43rd I leave Edward Ward Scott( son of Benjamin Scott) two hundred dollars to be kept upon interest untill he comes of age then paid him - - - 44th In the second section of this will I say I give my wife all the negroes with their increase, that I now own that I got by her in marriage - I don't know that any difficulty can arise in the manner of expression, but to give more explanation, I want it understood nothing more is meant than to give her all the negroes I got by her in marriage with their increase that I now own - I have sold some one or two of them or more - - - 45th I give and bequeath unto Doct'r Benjamin W. Sanders a negro boy little Elias - - - 46th I leave my negro man Dave, Sam Cammores (?) & old Sally to be sold with all my crops of corn, fodder and every other part of the crop at Town Point and Holmes' Point and at the place where I live [scratched out: with the cotton crop at the Wayne plantation] also all my stock of horses, Cattle, hogs, sheep and every stock at Town Point Holmes Point where I live and at the sound with the exception of two creatures which Hellen Fonvielle is to have the use of and two cows and calves the old gig and harness I give her [scratched out: with] with all [Here ends the seventh page with the words: (Turn over)] the tools, carts, waggons and implements of farming to be sold at those places, also the crop of every description that may be housed or unhoused on the stones Bay plantation and the sound plantation, is to be sold upon such terms as my Executors may think proper, and the proceeds of the sales with the notes - and money on hand are to pay my just debts if any, and my funeral expences, and the legacies which I make in this will to be paid in money, and the bricking and vaulting the grave yard. [Marked out: the ballance, one half of which is to be paid my sister Fanny and the other half to Edw'd W. Fonvielle] It is my request that Gen. Edw'd B. Dudley take the guardianship of Edward W. Fonvielle and that he have the management of his person and property and my Executors are required to deliver over to him as guardian, the property left him by this will, if he will receive it and give a receipt as guardian - - - 47th I want negro man Dave to be sold to some person that will take him to the Mississippi certain bond given to that effect [Note: James E. S. Duffy paid $737 for him.] 48th I given Hellen Fonvielle and her two daughters, Mary and Caroline all the houshold and kitchen furniture I bought at Brice Fonvielle's sale to be equally divided between them but Hellen to have the use of it as long as she lives a widow and two horses and two cows and calves before mentioned she is to have the use of as long as she lives a widow I also want her to have corn and meat enough to last her and children untill the next crop, or as long as my Executors thinks she ought to be provided for, untill she can make a crop, in case she is not provided for at my death - - - 49th If I have left any negroes unwill'd I have forgot them and in that case I give them to Edw'd W. Fonvielle. 50th Its my will and desire that my Executors buy [word "a" is marked out] white marble tomb stones for the graves of my father, mother, sister Fonvielle and her husband Brice Fonvielle and my first wife Elizabeth, and have the time of their births and deaths engraved upon them - - - 51st Its my will and desire my negroes should all be Kept together untill the crop is made housed and sold, and the [Here ends the eighth page] bricks made for the grave yard, but if they can't be made in time for the vault that many must be bought, and if any thing should so happen there should not be funds enough to meet all the legacies I have made, the negroes and land must be hired out untill a sufficient fund be raised, except the negroes I got by my wife, she is to take them as soon as the crop is housed and sold, but I have no doubt their will be an overplus after paying all my legacies without hiring the negroes or land - - - I enjoin it upon my Executors and its a part of my will, that they use no part of the money or notes to their own use, but put it to the use which my will requires, unless its their lawfull commission If they violate these instructions they must not look upon themselves as honest men - - - They must excuse me for making this observation for generally speaking we see Executors appear to use estates they have to manage as if they were their own - - - 52nd It will be seen that the Wayne cotton crop was in the second section of this will excepted therefore the word "not" is interlined and in the 46th section the words "with the cotton crop at the Wayne plantation" are marked out this is where it was left to be sold, I have been thus particular that there should be no difficulty in my wife's getting of it, as I do hereby give and bequeath it to her with every discription of crop and stock on the said Wayne plantation, and I do further give and bequeath unto her One thousand dollars to be paid her in money or good notes, making, with a former bequest in this will of three thousand dollars, four thousand dollars, to her, her heirs and assigns - - - 53rd It will be seen in the 46th section of this will the Residue of my estate disposed of in the following words "the ballance one half of which is to be paid my sister Fanny and the other half to Edward W. Fonvielle" which words are marked out as I do now make an other legatee - - -It is my will and desire, and I do now give and bequeath unto my wife Ann Maria, my sister Fanny Montfort and Edward W. Fonvielle, to be equally divided between them, all surplus funds that may be found to arise from my estate after former bequest shall have been complyed with - - - to their heirs and assigns - - - [Here ends page nine with the words: (Turn over)] 54th It will be seen in the second section of this will that I have with other negroes given to my wife, negro man Charles, but it is my will and desire that she do not object to his being free after five years service, believing she will not, I do hereby leave him, after faithfully serving his mistress the term of five years, free, and do give unto him in any part of my piney woods on the East side of New River that he may choose, fifty acres of land with every priveledge thereon, during his life, to take possession of s'd land at the expiration of his term of service 55th It is my will and desire that all such favorite negroes as I have left free, and left to remain on lands given to Edw'd W Monfort (say (?) Cape and Vilet) shall be, in case of inability to support themselves, ["should be" is marked out] taken care of by him - - - 56th I do hereby appoint my worthy friends, Benjamin Ward, Doct'r Benjamin W. Sanders, William Montfort, Edward W. Montfort, Gen. Edw'd B. Dudley, Doct'r David G. W. Ward, James Rhodes and Stephen Smith, my Executors to this my last Will and Testament - - - All interlineations or erasures that may be seen in this will were made before the signing of it, and should not be objected to, and it is my wish no difficulty arise on account of any This last will and testament of Edward Ward was signed and acknowledged before us this 13th day of August 1834 [signed by Edw'd Ward to the right with a drawn Seal] [Witnesses} Daniel Ambrose John A. Sanders Jo D. Ward [in a different handwriting] State of North Carolina Onslow County Court of Pleas & Quarter Sessions May Term 1836 The foregoing will of Edw'd Ward is proved by the oath of the subscribing witnesses, reference to minutes of this term,wherefore William Montfort & James Rhodes two of the Executors therein named qualified as (page folded over) in due form of Law, Wherefor it is ordred that letters testamentery be granted them. Signed by D. W. Sanders, Clk