ONSLOW COUNTY, NC - WILL BOOK 1 - John Bender Sr., 9 Mar 1827
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JOHN BENDER WILL
State of North Carolina
County of Onslow
Will Book 1

In the name of God, Amen.  I, John Bender Sr., of the County of Onslow & State 
of North Carolina, considering the uncertainty of human life being of sound 
mind and disposing memory though advanced in age, do while possessing these 
inestimable blessings, make and ordain this my last will and testament, 
intending to dispose of my worldly affairs, not human may prompt, but as 
justice and equity shall seem to direct to wit.
First, I give and confirm to my son Martin Bender a tract of land in the 
County of Onslow where I formerly lived more or less, his heirs and assigns.  
I also bequeath him one Negro by the name of Isaac, heirs & assigns forever.
Second, I give and confirm to my son John Bender the tract of land whereon he 
now lives in the County of Jones (NC) him, heirs & assigns, also one Negro 
woman named Violet, heirs and assigns.
Third, if my son Lott Bender is now in existence as, or if he has at this time 
& date of this will, lawful issue in marriage or being, I devise the lands I 
now live on, in the County of Onslow, after the decease of my wife Mary 
Bender, his, heirs & assigns but if these persons alluded to in this item are 
no more, then after the decease of my said wife Mary who has a complete & 
bonafide life estate in the same, said lands to be sold by my Executors 
proceeds of sale, after deducting necessary charges, to be equally divided 
between my wife Mary Bender and my sons Martin, John , Lot, James Parker, 
Lisha & Margaret each an equal dividend, heirs and assigns.
Fourth, if my said son Lot Bender appears to be in existence at the date of 
this will or his lawful issue at this date, then I bequeath him my negro 
Peter, but untill he appears or his heirs are found, well proven and 
ascertained, said Negro Peter to be hired out by my wife Mary, proceeds of him 
to be equally divided between them, one (illegible) to her the other to him, 
or lawful heirs.  But further, it is my will that in case said Lot Bender & 
his lawful issue, do not (appear?) or be properly ascertained, said Negro 
Peter to be sold by my Executors, proceeds of sale equally divided among my 
wife Mary, my above mentioned heirs, named in the preceeding items, the third 
heirs & assigns.
Fifth, I bequeath to my wife Mary Bender, one Negro woman Suke, one bed and 
furniture, her choice, one trunk, one table that the writer of this will now 
occupies, one cow and calf, her choice, one pot (dinner), one spider, one pair 
of smoothing irons, one pitcher, her choice, six cups and saucers, six dining 
plates, six knives and six forks, two tumblers, one decanter, one dish and one 
tea pot, one ax, one (illegible), one grubbing hoe, three (illegible), six 
(plug?) bottom chairs, six bowls and (tongs or trays?), four crockery bowls, 
her choice, one brass candlestick, one coffee mill, one pair of bellows, heirs 
and assigns forever.
Sixth, remainder of my estate, real and personal, not specially bequeathed or 
already disposed of, I authorise my Executors to sell on a credit of six 
months, proceeds of said sale after deducting necessary charges or lawful 
(illegible) to be sold off and equally divided into seven distinct lots, one 
dividend to my wife Mary Bender, one dividend to son Martin, one dividend to 
son John, one divided to son Lot, one other to son Jonas Parker, one other to 
daughter Lisha, one other to daughter Margarett, their heirs and assigns.
Seventh, my express will and order or decree is that my representative in all 
controversies that may take place respecting the descent and distribution of 
my estate, that their decision and judgment & explanation respecting the 
distribution to heirs and legatees comprehended in this instrument or will, 
shall be final and conclusive, without the interference of any Court of 
Judication whatever.
Eighth, I constitute my son John Bender and wife's brother John Lloyd, 
Executors of this will, revoking all others, In testimony I, the said John 
Bender, testator as aforesaid set my hand and affix thereto Seal as drawn in a 
circle, this 9th day of March 1827.
(signed) John Bender

Done Executed and performed by the testator John Bender Sr. as his deliberate 
act & deed, in presence & hearing day and date above written.
R. Dickson
Wm. T. Dickson

Codicil.  As much of the foregoing instrument is hereby revoked as to make the 
following (instruction?) say if my son Lott Bender is now in existence at the 
date of this will, I bequeath him my negro Peter and untill application is 
made in person, said negro Peter to be hired out, one (illegible) to him of 
the wages and the other to my wife Mary Bender. If however he should have man 
said negro to be sold by my Executors, proceeds of sale to be equally divided 
between my wife and other children their heirs and assigns.  Witness as my 
hand & seal the 25th March 1827.
(signed) Jno. Bender
R. Dickson

Another codicil
It is distinctly understood and intended that the name of Martin Bender is to 
be substituted for Lot Bender in the foregoing codicil, that he is the person 
intended as legatee in that clause.
Witness again 27th March 1827.
(signed) John Bender

R Dickson
Wm. T. Dickson

State of N. Car. Onslow County, Court of Pleas and Quarter Sessions, Novr. 
Term 1832
Then is the will of Jno. Bender proven by the oath of Wm. T. Dickson, one of 
the subscribing witnesses thereto, and ordered to be recorded.  Whereupon Jno. 
Lloyd, one of the Executors therein named qualified in due of law as such.
Test: D. M. Sanders, clk