ONSLOW COUNTY, NC - WILL BOOK 2 - James Coston Sr., 11 Apr 1853 ==================================================================== 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: Beverly Cole ==================================================================== JAMES COSTON WILL State of North Carolina County of Onslow Will Book 2 I, James Coston Sr., of the County of Onslow and State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament, in manner and form following, that is to say. ITEM 1st I loan unto my beloved wife Clarissa Coston my home land beginning at the flat Laurel running with the line that divides my land from the lands of Daniel W. Russell to the head of Bear Swamp down said swamp to Wallace's Creek, then up the various courses of said creek to the first little branch that heads into the sound Pecoson, then with the edge of said pecoson to the lands of Joseph Howard, and so on down to the beginning, with my dwelling house and out houses together with all of the other improvements thereon, to have and to use during her natural life. ITEM 2nd I give unto my son Isaac W. Coston all of my lands on the Rockey Run prong of the north east with all of the improvements thereon, to have and to hold to him and to his heirs, in fee simple forever. ITEM 3rd I loan unto my son John A. Coston the use of the lands whereon he now lives, beginning at the dividing line between my land and the lands of I. N. Sanders on the west side of Wallises Creek, then down said creek opposite a little branch that runs through an old field where I once resided, then up the various courses of said little branch to a maple standing near the westward edge of the above named Old field, then a due west course to where my land joins the lands of Col. E. W. Montfort, then north with my outside boundary sound to the beginning with all of the improve meets thereon to have and to hold and use the same during his natural life; and at the decease of the said John A. Coston, I give the above named lands (in item the third) with all of the improvements thereon, to be equally divided among the children of the said John A. Coston, to have and to hold unto them forever in fee simple. ITEM 4th I give unto my son Erasmus H. Coston all of my lands lying on the west side of Wallises Creek not otherwise disposed off, to have and to hold unto him and his heirs, also one other tract of fifty acres lying on the east side of the head of Wallises Creek to have and to hold unto him and his heirs forever in fee simple. ITEM 5th I give unto my son Robert W. Coston all of my land lying between Wallises Creek and Ben Hall's swamp up to Bear Swamp including the Gillett and Howard & Barber tracts of land, to have and to hold unto him and to his heirs forever in fee simple. ITEM 6th I give unto my son William M. Coston the land whereon he now lives known as the Hatsell's lands beginning at the mouth of the Hatsell Branch running up the various courses of said branch to the pocoson, the with the pocoson to the head of Wallises Creek, then down the various courses of said creek to the beginning, to have and to hold unto him and to his heirs forever in fee simple. ITEM 7th At the decease of my wife, Clarissa Coston, I give all the lands with the improvements thereon to my daughter Ruthy S. Coston (which I loaned to my said wife in Item first) to have and to hold unto her and to her heirs forever in fee simple. ITEM 8th I loan unto my beloved wife two feather beds & furniture to be of her first, and second choice also one sorrel mare and one cart, also four cows and calves, to be her choice out of my home stock, and also all the cattle that Timothy Haskins has in his care belonging to me, also three ewes & lambs, also two sows and piggs, also eight fatining hogs all to be of my said wife's choice. ITEM 9th I give unto my daughter Ruthey S. Coston one feather bed & furniture to be the third choice. ITEM 10th I give unto my son Isaac W. Coston one feather bed & furniture to be the fourth choice. ITEM 11th I give unto my son Erasmus H. Coston one feather bed and furniture. ITEM 12th I loan unto my beloved wife Clarissa Coston all my household and kitchen furniture not otherwise disposed of to have and to hold and use during her natural life and at the decease of my said wife, I will that all of the above loaned live stock with the increase there, together with all other personal property, shall be sold and the amounts arising therefrom to be equally divided among my lawful heirs. ITEM 13th I give unto my beloved wife my large family Bible and the balance of my books equally divided according to valuation and given to my children; David H. Coston's children to have an equal share in place of their father, David H. Coston deceased. ITEM 14th my will and desire is that all of the residue of my estate after taking out the divises and legacies above mentioned, shall be sold, and the debts owing to me collected and if there should be any surplus over and above the payment of debts, expences and legacies, that such surplus shall be equally divide and paid over to my lawful heirs to share equally in equal proportion share to share alike to them, and each and every of them their executors, administrators, and assigns absolutely forever. And lastly, I do hereby constitute and appoint my sons Isaac W. Coston and Erasmus H. Coston my lawful Executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same, and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I, the said James Coston Senior, do hereunto set my hands and seal, this the 11th day of April AD 1853. (signed) James Coston Signed sealed published and declared by the said James Coston Sr., to be his last will and testament in the presence of us, who at his request and in presence, do subscribe our names as witnesses thereto. Philip Koonce Elijah N. Bell State of North Carolina} Onslow County} Court of Pleas & Quarter Sessions June Term 1853. Then was a paper writing purporting to be the last will and testament of James Coston deceased, offered and admitted to probate on the oath of Philip Koonce, one of the subscribing witnesses thereto, and the same ordered to be recorded and filed as such last will and testament whereupon Isaac W. Coston and Erasmus H. Coston, the executors therein named appeared in open court and was duly qualified as executors aforesaid, when it was further ordered by said court that letters testamentary give to them. Jasper Etheridge, CCC (county clerk of court)