Orange County NcArchives Wills.....Southward, John December 14, 1827 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 65-68 Written: December 14, 1827 Recorded: Aug 1840 Testator: John Southward In the name of God Amen I John Southward a Citizen of the County of Orange and State of North Carolina being now in my ferfect[sic] Senses and memory. Do make ordain and declare this Instrument to be my last Will and Testament revoking all others.---- first To my biloved son Macklin Southward I have given him a Sorrel horse for which he gave me a recit[receipt] for Seventy dollars I now give and bequeath unto my son the sd. Macklin one Set of Blacksmith Tools now on my own premises such as they are ~~ ~~ ~~ Secondly To my biloved Son Gilliam Southward I have given him one Set of blacksmith Tools and one feather bed both which he has Rcd. and for the use and benifit of my land where on he lived a number of years clear of Rents or taxes I now give and bequeath unto him the sd Gilliam Southward forever the Sum of two dollars Thirdly To my biloved Daughter Sally Southward I will give and bequeath one poplar Chest one feather bed Bedstead and furniture one cow one Pewter Dish one Set of Pewter Plates one Pewter Bason and one Large Iron Kettle to have forever ------- Fourthly To my biloved son Charles Southward I have given him one Sorrel mare and one feather bed & furniture both which he has Receiv'd I now will give and Bequeath unto him the sd. Charles one copper still Cap & worm to have forever Fifthly To my biloved Daughter Polley Southward I will give and bequeath one Poplar Chest one feather bed bedstead & furniture on[e] Cow one Pewter Dish one Set of Pewter Plates one Pewter Bason and one Iron Pot or oven to have the same forever Sixthly To My biloved Daughter Tempey Southward I [blot out] will give and bequeath one Pine chest one feather bed bed- Stead and furniture one Pewter Dish one Cow one Set of Pewter Plates one Pewter Bason one Iron Pot or oven to have the same forever ----- Seventhly My Loom and Harness I give to my two Daughters Polley & Tempey Jointly to have the Same forever [page 2] Eighthly To my Biloved son James Southward I have given him one Bay Horse one feather Bed and furniture both which he has Recd. the Ballance which I intend to do for him will be hereafter named Ninthly To my Biloved son Carter Southward I have given him one bay mare which he has receiv'd I now will give and bequeath to him the sd. Carter one feather bed bedstead and furniture to have the Same forever the ballance I do for him will be named hereafter Tenthly In regard to my beloved son John Southward owing to his infirmities weakness inabilities I have thought proper to will and do more for him than any other of my children in order that he may have a comfortable Support and not to become a county charge Therefore I will give & bequeath to him my son the said John Southward one young bay mare nearly grown & one feather bed bedstead and furniture forever to make him even with the rest of my children I also will give and bequeath to my son the sd. John all my lands and Surveys as recordes[sic] in the deeds there of and all my Plantation tools Waggon & hogs to have the Same during his natural lifetime after the Death of my son the said John I will & give my lands and plantation tools waggon & hogs as named above to my Sons James and Carter Southward provided they see that my son John son does not become to Suffer or become a publick charge and also my own lifetime reserv'd in full possession ["of" blot out] the lands untill my death I also will and bequeath to me[my] three Daughters Sally Polley & Tempey During their natural or Single life if they choose it to the free use of house room water and fire wood on my lands clear of rent or usury [page 2] I also will and desire that at the time of my death if there should be any property left by me not named or convey[ed] in this my Last will and testament that the sd. property shall be sold and the money for the same after paying the expenses that will occur thereon and two dollars as nam'd above to my Son Gilliam Southward the balance if any to be divided between my three Daughters Salley Polly & Tempey and my son Charles equally I do nominate and appoint my Sons Macklin and James Guardians for my Son John to act and do for him to sd. John as is lawfull Just and right in all Cases whatever Lastly and finally I do constitute and appoint My bloved Sons Macklin & James Southward executors to this my last will and Testament and it is further my will and Desire that if there should be any thing nam'd in this my will so as not to be understood by any of my children that they May be submitted to three hones[t] and disinterest'd men and there[sic] decision will be final In witness all and each of the things herein con- tain'd I have Set my hand and Seal this 14th Day of December in the year of our Lord 1827 Signed & Sealed } his In the presence of } John (+) Southward (seal) James Moore } his } Daniel (+) Barnet } Jurat mark } Exr qualif'd [Will Book Volume F, page 65] In the name of God Amen I John Southward a Citizen of the County of Orange and State of North Carolina being now in my perfect Senses and memory. Do make ordain and declare this Instrument to be my last Will and Testament revoking all others First To my beloved son Macklin Southward I have given him a Sorrel Horse for which he gave me a rece[i]pt for Seventy Dollars ~~~~ I now give and bequeath unto my son the sd. Macklin one set of [Will Book Volume F, page 66] Blacksmith Tools now on my own premises such as they are Secondly To my beloved son ["Gillman" x-out] Gilliam Southward I have given him one set of Blacksmith Tools and one feather Bed both which he has Rcd. and for the use and benefit of my Land whereon he lived a number of years Clear of Rents or Taxes I now give and bequeath unto him the sd Gilliam Southward forever the Sum of two Dollars Thirdly To my beloved Daughter Sally Southward I will give and bequeath one pupular[sic] Chest one feather bed Bedstead and furniture one cow one pewter Dish one Set of pewter plates one Pewter Bason and one Large Iron Kettle to have forever -- Fourthly To my beloved son Charles Southward I have given him one sorrel mare and one feather bed & furniture both which he has Recd. I now will give and bequeath unto him the sd. Charles one copper still cap & worm to have forever Fifthly To my beloved Daughter Polly Southward I Will give and bequeath one pupular[sic] Chest one feather bed Bedstead & furniture one Cow one Pewter Dish one set of Pewter Plates one Pewter Bason and one Iron Pot or oven to have the same forever Sixthly To My beloved Daughter Tempey Southward I will give and bequeath one Pine chest one feather bed Bedstead and furniture one Pewter Dish one Cow one Set of Pewter Plates one Pewter Bason one Iron Pot or oven to have the same forever Seventhly My Loom and Harness I give to my two Daughters Polly & Tempey Jointly to ["gether" x-out] have the same forever Eighthly To my beloved son James Southward I have given one bay Horse one feather Bed and furniture both which he has received the balance which I intend to do for him will be hereafter named ~~~ Ninthly To my Beloved son Carter Southward I have given him one bay Mare which he has received I now will give and bequeath to him the sd Carter one feather bed Bedstead and furniture to have the same forever the balance I do for him will be named hereafter Tenthly, In regard to my beloved son John Southward owing to his infirmities weakness inabilities I have thought proper to Will and do more for him than any other of my children [Will Book Volume F, page 67] in order that he may have a comfortable support and not to become a county charge Therefore I will give & bequeath to him my son John Southward one young bay mare nearly grown & one feather bed bedstead and furniture forever to make him even with the rest of my children: I also will give and bequeath to my son the sd. John all my lands and surveys as Recorded in the deeds thereof and all my Plantation Tools Waggon & hogs to have the same during his natural lifetime after the death of my son the said John I devise & give my lands and plantation Tools waggon & hogs as named above to my sons James and Carter Southward provided they see that my son John son does not become to suffer or become a public charge and also my own lifetime reserve in full possession of the Lands untill my death I also will and bequeath to my three Daughters Sally Polly & Tempey During their natural or single life if they choose it to the free use of House room watter[sic] and fire wood on my lands clear of rent or usury I also will and desire that at the ["death" x-out] time of my death if their[sic] should be any property left by me not named or conveyed in this my Last will and Testament that the sd. property shall be sold and the money for the same after paying the Expenses that will ["accrue" x-out] occur ther[e]on and two Dollars as named above to my son Gilliam Southward the balance if any to be divided between my three Daughters Sally Polly & Tempey and my son Charles Equally I do nominate and appoint my sons Macklin and James Guardians for my son John to act and do for him to said John as is lawfull Just and right in all cases whatever --- Lastly and finally I do constitute and appoint my beloved sons Macklin & James Southward Executor[s] to this my last will and Testament and it is further my Will and desire that if there should be any thing named in this my will so as not to be understood by any of my of my[sic] Children that they may be submit[t]ed to ["three" x-out] three [x-out] honest and disinterested men and there[sic] decision will be final In Witness all and each of the things herein contained I have set my hand and seal this 14th day of December in the year of our Lord 1827 his John (+) Southward (seal) mark [Will Book Volume F, page 68] Signed & Sealed } In the presence of us } James Moore his Daniel (+) Barnet mark Orange County August Term 1840 The Execution of the foregoing Last Will and Testament of John Southward dcd. was duly proved in open Court by the Oaths of James Moore & Daniel Barnet the subscribing Witnesses thereto and ordered to be recorded At the same time Macklin Southward & James Southward the Executors therein named appeared and qualified accordingly Test Additional Comments: Will Book Volume F, pages 65-68 Recorded Aug 1840 No estate papers found.