ONSLOW COUNTY, NC - WILL BOOK 2 - Edward S. Jones, 27 Mar 1858
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EDWARD S JONES WILL
State of North Carolina
County of Onslow
Will Book 2


The State of Alabama}
Dallas County}
The last will and testament of Edward Starkie Jones of said state and county
I, Edward S. Jones, being of sound and disposing mind and memory, doth declare 
and publish this instrument to be my last will and testament, as follows:
ITEM 1.  It is my will and desire that my Executor in chief shall keep my 
property together, and employ the same as I have done, for two years after my 
death, and out of the proceeds of the crops to pay the expenses of making 
them, and keeping up my plantations, and to support my wife, also allowing her 
the use of the house servants and dwelling house and out houses where I now 
reside, free of charge, and with the balance of the proceeds of my crops, and 
with any monies that may be due me to pay my debts, and the monies hereinafter 
directed to be paid out by him.
ITEM 2.  After all my debts are paid, which I require to be done in two years 
after my death, I do herein declare the following devises and legacies to take 
affect at the expiration of said two years, except such as may be exempted 
from the operation of this clause of my will.
ITEM 3.  I bequeath and devise to my son Richard Jones my two plantations 
situate in the counties of Mareng and Clarke, and all the slaves and personal 
property thereon at the time of my death, and the natural increase thereof, 
and all personal property which my Executor may purchase to keep up said 
plantations and which may be on them at the expiration of said two years, and 
also five thousand dollars in stock in the Alabama and Tennessee River Rail 
Road which I now own.
ITEM 4.  I devise and bequeath to my wife Sallie all my lands in the counties 
of Dallas and Perry, in said state and all the slaves and personal property of 
every description which may be in my dwelling house, or on my plantation in 
Dallas County at my death, or which may be on the same at the end of said two 
years, or which may be purchased by my Executor, to keep up said plantation 
during said two years and which may not be consumed in the using by him during 
said two years and also five thousand dollars of stock in the Alabama and 
Mississippi River Rail Road, which I now own.
ITEM 5.  I devise and bequeath to Charles Gerock, Joseph Whitty and Mary Perry 
of North Carolina, my Hatch and Dudley Plantation in the county of Onslow and 
State of North Carolina, and all the slaves and other personal property on 
said plantation or which may be thereon at the expiration of said two years 
after my death, to be divided among them in proportion to the number of 
children they may severally have living at my death, but should any or either 
of them have no children then living, I wish and direct that such one shall 
take as much of said property as though he or she had a child living at my 
death.
ITEM 6.  I devise and bequeath to my son Richard, for and during the term of 
his natural life, all my other lands and plantations in the State of North 
Carolina, and all my slaves and other personal property in the State of North 
Carolina, not included in Item 5th of this will; and after the death of said 
Richard, I devise and bequeath the property given to him by this item of my 
will to such children as he may leave surviving him, or that may be born after 
his death, share and share alike; allowing grand children to take the portion 
to which their parent would have been entitled, if alive, in event that any of 
the children of said Richard should die before him, leaving descendants alive 
at his death, it is my will that this devise and bequest shall vest in said 
Richard and children at my death, not to be subject to the provisions of the 
2nd item of this will.
Item 7.  I give to my wife two mulatto slaves named Virginia and Lewis during 
her natural life, or until the youngest of said slaves shall reach the age of 
twenty years, and should my wife die before the youngest of said slaves reach 
the age of twenty years, then I give them to my son Richard until the younger 
reaches the age of twenty, or would have reached that age, if living, and when 
that event comes to pass, I will and direct my said son Richard shall take 
said slaves, or either if one should die, to some State or Country where he or 
she may be free and pay to each of them the sum of two hundred dollars out of 
the proceeds of any of the property I have given to my said son.
ITEM 8.  I give to my Executor in Chief a mulatto woman named Lettuce and her 
child Mary, and a mulatto woman named Eliza in trust; to take them or any of 
them that may be alive to a State or Country where they may be free, and then 
give them each two hundred dollars and pay their travelling expenses out of 
any money belonging to my Estate, and this trust I require to be executed in 
two years from my death; and should this trust be declared void or invalid, it 
shall not defeat the gift.
ITEM 9.  All my other property of every description, not herein before 
specifically devised or bequeathed, I devise and direct to be equally divided 
between my wife and son, after the payment of my just debts.
ITEM 10.  It is my desire that each and every part of my will shall be so 
construed as to give effect to each item and clause of the same.
ITEM 11.  I appoint and nominate William M. Byrd of Dallas County the Executor 
in Chief of this my last will and Testament, with full power to execute the 
same.
And I also appoint and nominate Charles Gerock and Joseph Whitty of North 
Carolina Executors of my will as to my property in North Carolina, as 
auxiliary to the Executor in Chief and require them to account annually for 
two years for the profits and proceeds of my property in North Carolina to the 
Executor in Chief except the property and profits thereof given by the 6th 
item of my will to my son Richard and his children, which he is to take into 
his possession at my death, for the support of himself and children.
In testimony whereof I have hereunto set my hand, the 27th day of March 1858.
(signed) Edward S. Jones

Subscribed and published in our presence by Edward S. Jones as his last will 
and testament the day and year above written.
A. G. Mabry
P. H. Cabell

Probate court for Dallas County Dec. 27/58
The State of Alabama}
Dallas County}
This day personally come into open court Patrick H. Cabell and Albert Galatine 
Mabry, who being first duly sworn and examined upon their oaths, depose and 
say that on the 27th day of March 1858 at the office of William M. Byrd in the 
county of Dallas, they saw the said Edward S. Jones sign his name to the 
within and foregoing paper, and the same he then and there published and 
declared to be his last will and testament and the said P. H. Cabell and A. G. 
Mabry then and there at the request of said Edward S. Jones, subscribed their 
names to said paper as attesting witnesses in the presence of each other and 
of said Edward S. Jones.  They further state that said Edward S. Jones was 
over twenty one years of age on said day and was of sound and disposing mind 
and memory at the time said will was so signed and published by him.
P. H. Cabell
A. G. Mabry
Subscribed and sworn to in open court before me this 27th December 1858}
Thos. G. Rainer
Judge of Probate

Probate Court for Dallas County Special Term December 27, 1858
This being the day set apart by a previous order of this court to hear the 
application of William M. Byrd, the person named as Executor in the will of 
Edward S. Jones, decd., for the probate of said will.  It appears to the court 
that due and legal notice of this application has been served for more than 
ten days on Mrs. Sally Jones, the widow of the deceased and also on Mrs. 
Martha Jones, widow of Richard Jones, deceased, for herself, and her children, 
Sally Ann Jones, Drury Fair Jones, who are infants under the age of fourteen, 
and said persons being the only heirs at law, and next of kin of said Edward 
S. Jones, deceased.
Thereupon, the court appointed Lorenzo Roberts guardian ad litem for said 
infants, and he filed in court his written consent to act for them as such 
guardian.
And thereupon came P. H. Cabell and A. G. Mabry who were sworn and examined 
according to law and their testimony was reduced to writing and made a part of 
the records in this proceeding.
And it appearing to the satisfaction of the court that said paper so 
propounded for probate is the last will and testament of Edward Starkie Jones, 
deceased, and that said testator died in Dallas County, Alabama, which was 
then his place of residence, that he was over twenty one years of age, and of 
sound disposing mind and memory at the time he executed and signed said will, 
and that the same was attested by the said subscribing witnesses, P. H. Cabell 
and A. G. Mabry in the presence of the testator, as and for his last will and 
testament.
It is therefore ordered adjudged and decreed that said paper so propounded be 
admitted to probate as the last will and testament of Edward S. Jones, 
deceased, and that the same be entered of record in this court in the book of 
wills.
And William M. Byrd, the Executor in said will, having entered into bond in 
the sum of five hundred thousand dollars with John T. Morgan and Robert S. 
Hatch and Washington M. Smith as his securities, conditioned in the manner as 
required by law.  It is ordered by the court that letters testamentary give to 
him upon all the estate real and personal of said Edward S. Jones in the State 
of Alabama.

The State of Alabama}
Dallas County}
I, Thomas G. Rainer, Judge of the Probate Court of Dallas County in said State 
do hereby certify that the foregoing pages from 1 to 11 inclusive contain a 
full true and complete transcript from the records and proceedings of said 
court in the matter of the probate of the last will and testament of Edward S. 
Jones, deceased, and of said last will and testament and of the appointment 
and qualification of William M. Byrd as the Executor in the State of Alabama, 
of said last will and testament as the same appears of record in said court.  
And I further certify that I am the sole Judge presiding in said court, in 
said county of Dallas and that by force of the statutes in such cases provided 
in the State of Alabama, I am also the Clerk of said Court of Probate for 
Dallas County and that the foregoing certificate is in due form of law, and 
that all my acts as Judge and Clerk are entitled to full faith & credit, I do 
further certify that said court of probate for Dallas County has exclusive 
jurisdiction for the probate of wills in said county.
In witness whereof I, the said Thomas G. Rainer, as judge and clerk of said 
court of probate have hereunto set my hand and affixed my seal of office on 
this the 3rd day of February AD 1859 at office in the town of (left blank?).
Thos. G. Rainer
Judge of Probate

State of North Carolina}
Onslow County}
Court of Pleas and Quarter Sessions March Term 1859
Then was a paper writing purporting to be a copy or exemplification of the 
last will and testament of Edward S. Jones, decd., of the County of Dallas in 
the State of Alabama, duly proved or allowed in said state according to the 
laws thereof, bearing date the 27th day of March AD 1858, and attested by A. 
G. Mabry and P. H. Cabell, subscribing witnesses thereto is produced and 
exhibited in open court by Charles Gerock and Joseph Whitty, the Executors 
therein named, for the purpose of having the same allowed, filed and recorded 
as the last will and testament of Edward S. Jones, decd., and it 
satisfactorily appearing that the said copy or exemplification of the said 
last will and testament of Edward S. Jones, decd., is duly certified and 
authenticated, and that the said last will and testament of Edward S. Jones, 
decd., hath been duly proved & allowed in the probate court of Dallas County 
in said State of Alabama, according to the laws of said state, all which is 
duly certified and authenticated in due form of law herein exhibited.
It is therefore considered by the court that the said paper writing is a true 
copy or exemplification of the last will and testament of Edward S. Jones, 
decd., late of Dallas County in the State of Alabama, duly certified and 
authenticated and the same is ordered to be allowed, filed and recorded, and 
thereupon the said Charles Gerock and Joseph Whitty executors therein as 
aforesaid is duly qualified as such by taking the oaths required by law.
Jasper Etheridge, CCC (county clerk of court)