ONSLOW COUNTY, NC - WILL BOOK A - 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 North Carolina USGenWeb Archives by: Beverly Cole ============================================================================ Record of Wills, Book A 1800-1825 Onslow County, North Carolina 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 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 directions, than 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, Cicero & wife Cate, Fortin, Douan and wife Cealy and her children, Peggy and children, Ross and children, Pompy, Cook Lucy and her children, Marcus Charles, Hannah and her children, Cambridge, Reuben and his wife Winney, Peter Lewi'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 description that is on the Wayne (County) plantation with all the tools of every description, household and kitchen furniture, farming utensils of every description & all my right and title to the Wayne (county) lands that came by her, with the crop of corn, fodder, peas, and small grain cotton 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 and his wife Very and her children, (Negro I bought at William Dunnis's sale), also Dinah's child Mary and $3000, Three Thousand dollars in case or good notes in consideration of her thirds of my Onslow lands, to her and her assigns forever. 3rd: I lend unto my sister Fanny Montfort my Town Point and Holmes's Point plantation during her life. I also lend her the following Negroes her life time: Jacob & his wife Huldy and children, Sam, Zetty, William Jerome, Tom, Peter & Ivy, (these last seven Negroes are children of Bill and Crease), Napoleon, a child of Violet's, Allen, Sellers and her children, Nicy Ginn and her children, Ann, Martin, Zilly, Hamlet, and Edward, these last Negroes from Helen are Violets children, and if Violet 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, Dorcas and her child Annah, 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 hers in Johnston County to John Sanders of that county, that she has all damages out of her part of my estate, and I do by these presents bind her part of the estate to pay all such damages, and further to make Stephen Smith of Wayne (county) a deed to some party 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 (county), a Negro boy George, being one of the Negro boys I bought at Richard B. Hatch's trust sale, a son of Talithy and Fortin, also I leave him twelve hundred dollars to give him a collegiate education, to be put upon interest soon after my death and kept upon interest until he is ready to go to college, then advanced as necessary. 6th: I give and bequeath unto Edward W. Montfort, son of Fanny and William Montfort, my Town Point plantation including the lands of James Gray Executor to, I believe, Fredrick 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 this Hambleton land, also the Holmes Point Plantation that I bought of William S. Hill, together with all the lands not otherwise disposed of in this will, that I own in the lower Southwest district, to be his, his heirs and assigns, at the death of his mother, also the Negroes I lent her, to his, his heirs and assigns after her decease. 7th: I give and bequeath unto Edward Ward, son of Benjamin Ward, the land I bought of Joseph D. Ward, lying on Stones Bay in the lower southwest district, and Negroes Tom, Anthoney, 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 Fonville, son of Brice and Hellen Fonville, all the lands I own on the East side of New River, (except such as are willed 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 exception 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 executor are particularly requested, to have as much of the grounds enclosed with a brick wall as will enclose all the graves now there, and as much more as they think will be necessary for the future use. 9th: I give and bequeath unto Margaret Fonville, Tamer & her child Mary. 10TH: I give and bequeath unto Fannie 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, deceased. 14th: I give and bequeath unto Betsey Ann Sanders, daughter of Shepard and Louisa Sanders, Negro girl Viner. 15th: I give and bequeath unto Harriett Fonville, daughter of Edward W. Fonville, Negro man Ephraim and Ned, a child of Tamer's. 16th: I give and bequeath unto Edward Ward Sanders, (son of Shepard & Louisa Sanders), a Negro boy Charles, a son of Tamer. 17th: I give and bequeath unto Edward Ward Sanders, (son of Isaac & 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, contained I believe about seventy-five acres, reference being had to a patent granted to myself will show. 20th: I give and bequeath unto the boy children of Edward W. Fonville, deceased, Price, James and William Fonville, the land I bought belonging to their father to be equally divided between them with all the stock I bought at their father's sale, horses, cattle and hogs. 21st: I give and bequeath unto Alice Fonville all the household furniture I bought at the sale of her husband except one bed I now give to her daughter Harriett. 22nd: I lend to Hellen Fonville the plantation she now lives on during her widowhood, with all the household & kitchen furniture and I also lend her the following Negroes for the maintenance of her children, the land and Negroes are lent to maintain herself and children, she is to have the use of the Negroes until the children comes to age or marries, then they are each one to their own, I lend her Abram, Rachel and her two children, and Edq. 23rd: I give and bequeath unto Mary E. Fonville (daughter of Brice), Negro man Abram. 24th: I give and bequeath unto Lewis Fonville (son of Brice), Negro boy Caesar. 25th: I give and bequeath unto William Fonville, (son of Brice), Negro boy George. 26th: I give and bequeath unto Amanda Carolina Fonville, daughter of Brice, Negro girl Edy. 27th: I give and bequeath unto James Rhodes Fonville (son of Brice) Negro woman Rachel. The Negroes left to the above five children of Brice Fonville, is to receive them as they come to age or marry, if Hellen, their mother, marries, then my executor are directed to take the Negroes from her. 28th: I give and bequeath unto Edward W. Wilkins (son of Samuel Wilkins), one hundred acres of land lying in Jumping Run Nick, patented by my father, reference to the patent will show. 29th: If I have forgot any of the children of Tamer and Nicy Senior, I give those that are not willed away to Edward W. Fonville (son of Brice). 30th: I give and bequeath unto Edward W. Fonville twelve hundred dollars to enable my executors to give him a collegiate education, to be added to the rent of his land and hire of his Negroes for the purpose and it is 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 Edward P. Hall) one thousand dollars to be paid to his father to give him a collegiate education. 32nd: I leave fifteen hundred dollars to be paid out of my executors for the education of Edward Ward, son of Eli W. Ward, deceased, to be paid out by them proportions as will keep him in college at the University of the 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 complete his collegiate education. The money to be put at interest until 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 lifetime, and also the Crag field and as much land as they wish to take in for their use during their lives, with the privilege of firewood and timber to build them a house and make fences. I leave them all the Crag old field, 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 Fonville and his assigns. I also leave my man Cape and Negro woman Violet free, they are man and wife, the privilege of firewood 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 Violet or either of them are willing to go 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 expenses, but should Dinah not leave before her father's death nor within two years afterwards, I do give her to Edward W. Fonville, his heirs and assigns. 34th: I leave my friend Isaiah Ward his choice of my horses except the carriage horses, and my bridle & saddle. 35th: I leave Doctor 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: It 's my will and desire that my executors have a vault built in my graveyard 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 graveyard is to be bricked in as before directed. 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, that is all I wish put in it. I have not objection if it will hold more that it should be filled 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 preachers that choose to preach in it, to be built near the head of Spring Branch, one acre of ground is also given to build it as the other two hundred and fifty dollars is to be put at interest annually paid to the preachers, that preach in it. 39th: I lend to Clarrisa Hatch, Tilethy and her child Mary, Tenor and at her death, to be equally divided among her children. 40th: I give and bequeath unto Mary, Caroline, Lewis, Williams and James Rhodes Fonville (children of Brice Fonville, deceased), the land I bought that formerly belonged to Irving Yopp lying on the southwest side of New River near Wilkins and Sneads Ferry, reference to a deed made by Sheriff Fonville will fully describe the land, to be equally divided among them. 41st: I give and bequeath unto Edward Ward (son of my cousin John Ward), a Negro man Toney. 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 until 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 have owned 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 Doctor Benjamin W. Sanders a Negro boy, Little Elias. 46th: I leave my Negro man Dave, Sam Cammons & 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. Also, all my stock of horses, cattle, hogs, sheep and every stock at Town Point, Holmes Point, where I now live and at the sound with the exception of two creatures which Hellen Fonville is to have the use of and two cows and calves, the old gig and harness I give her with the tools, carts, wagons and implements of farming to be sold at those places. Also, the crop of every description that may be had housed or unhoused on the Stones Bay Plantation and the Sound Plantation, is to be sold upon such term as my executors may think proper, and the proceeds of the sales with the notes and the money on hand are to pay just debts if any, and my funeral expenses and the legacies which I make in this will to be paid in money, and the bricking and vaulting the graveyard. It is my request that Gen. Edward B. Dudley take the guardianship of Edward W. Fonville 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. 48th: I give Hellen Fonville and her daughters Mary and Caroline all the household and kitchen furniture I bought at Brice Fonville'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 until the next crop, or as long as my executors thinks she ought to be provided for, until she can make a crop, in case she is not provided for at my death. 49th: If I have left any Negroes unwilled, I have forgot them and in that case I give them to Edward W. Fonville. 50th: It is my will and desire that my executors buy white marble tombstones for the graves of my father, mother, sister (?) Fonville and her husband Brice Fonville, and my first wife Elizabeth, and have the time of their births and deaths engraved upon them. 51st: It is my will and desire my Negroes should all be kept together until the crop is made, housed, and sold, and the bricks made for the graveyard, but if they can't be made in time for the vault, that many must be bought, and if anything should happen there should not be funds enough to meet all the legacies I have made, the Negroes and land be hired out until 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 there will be an over plus after paying all my legacies without hiring the Negroes or land. I enjoin it upon my executors and it's 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 it's their lawful 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 the estate they have to manage as if they were their own. 52nd: It will be seen that the Wayne (County) cotton crop was in the second section of this will excepted therefore the word "note" is interlined and in the 4th 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 description of crop and stock on the said Wayne (County) 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 balance, or half of which is to be paid my sister Fanny and the other half to Edward W. Fonville" which words are marked out as I do now make another legate. It is my will and desire, and I do now give and bequeath unto my wife Ann Marie, my sister Fanny Montfort and Edward W. Fonville, to be equally divided between, all surplus funds that my be found to arise from my estate after former bequest shall have been complied with to their heirs and assigns. 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 privilege thereon, during his life, to take possession of sail land at the expiration of 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 give to Edward W. Montfort (say Cape and Violet) shall be, in case of inability to support themselves, taken care of by him. 56th: I do hereby appoint worthy friends Benjamin Ward, Doctor Benjamin W. Sanders, William Montfort, Edward W. Montfort, Gen. Edward B. Dudley, Doctor 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. Edward Ward (seal) This last will and testament of Edward Ward was signed and acknowledged before us this 13th day of August 1834. Daniel Ambrose John A. Sanders Jo. D. Ward State of North Carolina, Onslow County, Court of Pleas & Quarter Sessions May Term 1836: The foregoing will of Edward Ward is proved by the oath of the subscribing witnesses referred to minutes of this term whereupon William Montfort & James Rhodes, two of the executors there named, qualified as such is due form of law, whereupon it is ordered that letters testamentary be granted them. D. W. Sanders, clerk