Orange County NcArchives Wills.....Strowd, Bryant August 27, 1857 ************************************************ 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 H, page 95 Written: August 27, 1857 Recorded: Feb 1875 Testator: Bryant Strowd 1st In the Name of God Amen I Bryant Strowd a citizen of Orange County In the State of North Carolina being advanced in years and being Feeble in body. Knowing that is is appointed for all Men Once to die And now believing that I do possess my com[m]on reason and understanding, thanks be to my blessed savior for all his Mercies confer[r]ed on so unworthy a being as I conceive myself to be and thereby Enabling me to dispose for what worldly substance the Lord in his goodness has been pleased to bless me with do hereby make and Ordain this to be my last Will and Testament. In manner and form following First believing in the Immortality of the Soul do recommend my spirit into the hands of my blessed Redeemer who gave it to me and my mortal body to the dust from whence it came, to be decently Burried, at the discretion of my Execu -tors hereafter to be Mentioned. It is my will and desire that all my Just debts should be first paid, of which there are but few. My will and desire is that at my decease that all my first lot of Negroes Viz. Worrick. Sam. Ned. Dave Jin -ny. Feby and her three children Cornelia. Alvis and Harriet. and Eliza and little first Mariah & all there In -crease to be Equally divided by lot or by Sale, between my six oldest children or their representatives, share and share alike, and Also to avoid any misunder- -standing my five oldest sons is still to hold and Keep and possess, and continue to possess all the property both real and personal which I gave to them when they commenced house keeping, and as regards my oldest daughter Martha Ann Ward wife of John R. Ward she is to retain as a loan during her Natural life and no [page 2] 2nd -further the following property which my said daughter Martha and Ward has now in her possession viz. my Negroe girl Caroline and her two Children Henry and Green and all their Increase. As also the Sole and entire use and benefit of one hundred and fifty acres of land Including the land where she now lives Known as the David Durham lands and as much adjoin -ing the same to be taken from the Levi Andruss land as will make the above one hundred and fifty acres of land and it is my will and desire that at the decease of my said daughter Martha Ann Ward that the above Negroes Caroline & her two children with all the Increase as also the above named Tract of land be equally di- -vided between the children of my said Daughter Martha Ann Ward and furthermore it is my Will that my Executors do sell at private or public sale as the case my best suit for selling my Tract of land of one hundred and twenty eight acres known as the Durin Hatch land lying on the head Waters of the Wild Cat branch Deeded John R Ward and that my Executors pay over the proceeds arising from the sale of the last mentioned one hundred and Twenty eight acres of land to my daughter Martha Ann Ward, as she may need it. The sale of which is one and two years cred -it Interest from sale. Now for the more comfortable support and main -tainance of my beloved wife Martha Strowd I do lend her during hir natural life or widowhood the following named negroes my boy Doctor and Two Young Negroe girls Dicey & Betty, and also in like manner I do lend to my said wife Martha Strowd the use and benefit of Two hundred acres of land to be in such manner as will include to her my dwelling house and other buildings, I also lend her the use of all my household and kitchen furniture to my said wife Martha and also as much of my [page 3] 3rd Stock of Cattle horses hogs sheep &c as she may seem sufficient for her and her families use, and also one hundred dollars in money at her own disposal; and at the deceased of my wife or widowhood, the above loaned property and all its Increase is to be equally divided between my Three youngest children namely John W. Strowd. William F. Strowd and Emmalina T. Strowd. Except The two hundred acres of land is to be the property of my son William F. Strowd at his mothers death or at the expiration of her wid -owhood My will and desire is that all my Negroes which I have not disposed of in the foregoing Items ["shall" x-out] ["at my decease" x-out] namely Nelly, Rachel, Bob, Doctor Major Nat. Lydia, Lucy, Rhoda Anthony Seaborn, Carolina, Dicy, Hannah, Betty. Aaron, Mary, Cathron, and Peggy, and all their Increase shall be equally divided by lot or by sale as they may best choose between them, my three youngest children aforesaid John W. Strowd. William F. Strowd and Emmalina T. Strowd share and share a like nevertheless If Either of my Three youngest children should die leaving no living children, all the property ["which" x-out] which I leave to either of them whether real or perish -able shall return back to my youngest living children or their legal representatives I leave to my son John W. Strowd the follow- -ing described Tracts of land (To Wit) The Tract of land known as the Charles McCauley Tract lying on Phills Creek containing Four hundred and Sixty six and one half acres more or less Deeded by James C. Turrentine Shff, also one other Tract adjoining the above containing seventy acres on the south West on the head waters of Tyrrels Creek deeded by Peter Willis and also the one half of a Fifty Acres Tract known as a part of the Archa[?] Durham old place adjoining Quincy Loyd Joseph Ivey and others Deeded by Cannon Bowers to him & his heirs forever [page 4] 4th I leave to my son William F. Strowd all my home lands and plantation whereon I now live containing about Five hundred and fifty acres adjoining Wilson Atwater on the south and on the East by the prong of Tyrrels Creek called the east fork of said creek and on the north by Quincy Loyd and Isaac Strowd, & on the west by Wards and Andress lines and the Hillsborough road on the extreme West; and also the one half of a Fifty acres Tract known as the Archa Durham old place Deeded by Cannon Bowers and adjoining Quincy Lloyd & others to him and his heirs forever. It is my will and special desire that my daughter Em -malina T. Strowd young & Single Woman to have & to hold for her sole and special use benefit and profit during her natural life all the Identifyed and described Tra[c]ts of land as follows Viz The Tract of land known as the Winningham plantation lying on both sides of Nevill's Creek containing six hundred & fourteen acres more or less as for deeds from the heirs of the last Thos. Winningham, decd. And also two hundred acres of land on the East end of the tract known as the Mill Tract on Tyrrels Creek and adjoining the lands of Wilson Atwater, The Chatham County line & others the said quantity to be ascertained by measurement to be made hereafter, and also one other Tract of land lying on the waters of Prices Creek known as the Meeting house Tract of land containing one hundred acres more or less (Excepting and reserving two acres of land to be laid off by the Deacons or their successors for the special use and benefit of the Christian Church at Damascus to be laid off as aforesaid to suit the best convenience of the Christian church at that place with the pri[v] -alege of my water for the use of the said christian denomination, and now it is my sincere will and desire that my said daughter Emmalina T. Strowd shall continue to hold retain and possess the foregoing [page 5] 5th foregoing[sic] several Tracts of land as described in this Item during her natural life, and after her decease it is my will and desire that all the lands mentioned and described in this Item shall be equally divided be- -tween the living children of my said daughter Emmalina -T. Stroud if she should have any, & If she should not leave no child or children, then and in that event it is my Will and desire that these three several Tracts of land shall revert and return back to my lawful heirs & their representatives to be equally divided among them all and further my said daughter is to have my large Family Bible and my Will is that my Executors purchase out of my effects a well bound Family Bible for each one of the rest of my Children. My will and desire is that my grist Mill on Tyrrels Creek be sold by my Executors on a credit of one and two years with Int. from sale, with all its fixtures and Mechenry attached thereunto, with eighty six acres of land more or less lying [on] both sides of said creek & adjoin -ing to the Mill, and the proceeds ariseing from this sale is to be equally divided amongst my six oldest children namely John S. Strowd, Charles P. Strowd Green M Str -owd, Bryant M. Strowd, Manly D. Strowd & Martha Ann Ward be equally divided share and share alike My will is that all my stock of horse or Mule kind, cat -tle, sheep hogs one waggon farming utensils &c after re -serving to my wife Martha Strowd whatever she may reasonably Judge to be necessary for her support and her familys support, Then the remainder of the above effects to be sold on a credit of twelve months, and out of the proceeds of this Item or other moneys I desire that my three sons, Charles P. Strowd, Bryant M. Strowd and Manly D. Strowd have two hundred dollars each, without Interest My will is that all my lands lying on the head waters of Col- -lens Creek Included in several small deeds made to me by Sidney Lloyd Trustee of Green Andress, Nancy Reeves. James C. Turrentinte Shff [page 6] 6. James C. Turrentine & Elijah Andress, whereon little Henry A. Cates now lives containing one hundred and forty acres more or less adjoining Elijah Andress, Sidney Lloyd G. Smiths heirs & others, be sold by my Executors to the best advantage at private or public sale, and the proceeds arising from this sale shall be equally divided be- -tween my sons John F. Strowd, Charles P. Strowd, Green =M Strowd and my daughter Martha Ann Ward share and share a like. Now for a more clear and perfect understanding with regard to my Three youngest children it is my will that if either of them should die leaving no child or children. Then in that case it is my will that the survivor or survivors of my said youngest Children is to Inherit the deceased one estate, so far as respects what is contained in this bequest, attending to their negro property As it is probable that some one of my oldest Children may become the owner of my servant boy Ned, and I having much regard for him as a trustworthy servant, and for his good conduct heretofore, and hopeing that he will continue to con -duct himself with fidelity and good Faith. If so I sincerely hope he may never be mistreated nor wrongfu =lly abused: and that he have Ten dollars given to him out of my estate, as a reward for his good behavior heretofore, and if my old Black woman Nancy should become chargeable, It is my desire that all my children without Exception bear an equal part of all the expenses that my accrue on her maintaince. And my will is that after discharging all the foregoing Tenure of this my last Will & Testament which I desire to be done fully and with satisfac- -tion to all my beloved children, and as I am Im -pressed with a feeling and parental sensation on this most solemn occasion for the present and future wellfare, of all my children & posterity. I Will drop a word [page 7] 7th A word and say my hope and prayer in there may never no never exist a single note of discord or dis- quietude among my beloved children. And it is my will that If I should have any notes or money or debts or accounts of any descrip- -tion whatever on hand at my decrease over and above what will be sufficient to comply and discharge the foregoing Items. Then and in that case, it is my will and desire that all the remainder of such moneys notes debts accounts &c be equally divided between my Three youngest children, namely John W. Strowd, William F, Strowd and my daughter Emmaline T. Strowd, share and share alike. And in conclusion of the foregoing I desire to return my heart felt Thanks to my blessed savior for all blessings common and special I do now nominate constitute and appoint my two sons John F. Strowd and John W. Strowd Execu- -tors to this my last will and Testament revoking all other wills by me heretofore made, In Teste- -money whereof I the said Bryant Strowd doth hereunto set my hand and affix my seal. This 27th day of August AD. 1857. Interlined by myself before assigned in every letter Signed & sealed } In ["in" x-out] Presence } B. Strowd (seal) Test Wesley Atwater Wilson Atwater Jehiel Atwater Wher[e]as I Bryant Strowd have made my last Will and Testament in writing bearing date on the 27th day of August AD. 1857. and have thereby made sundry devises and bequests according to them Existing circumstances of my estate but which circumstances have mater[i]ally changed. I do by this my writing, which I hereby declare to be a Codicil to m[y] [page 8] said will to be taken and construed as a part thereof will and direct that the two hundred acres of land adjoining to Wilson Atwater and Chatham County line on the south side of Tyrrels Creek, which is expressed in my foregoing will to be the property of my daughter Emmalina T. Strowd she since being Married to William S. Petty, and in order to make a more equitable disposition of my estate among all my children I do hereby make this codicil apart of my last will and Testament I do will and direct that at my decease that my Executors do sell on a cred[it] the two hundred Acres of land as refer[r]ed to on a credit of one and two years interest from sale, and the proceeds thereof to be Equally divided amongst all my chil =dren share and share alike, of which this codicil is hereby declared to be apart of my last will and Testament, In testimony whereof I hereunto set my hand and seal this 13th day of January A.D. 1860 Signed seald & dilived[sic] } In presence of } B. Strowd (seal) Wilson Atwater Welsey Atwater [Will Book Volume H, page 95] In the Name of God Amen I Bryant Stroud a citizen of Orange County in the State of North Carolina being advanced in Years and being feeble in body. Knowing that is is appointed for all men once to die and now believing that I do possess my com[m]on reason and understanding, thanks be to my blessed Savior for all his Mercies Confer[r]ed on so unworthy a being as I conceive myself to be and thereby enabling me to dispose for what worldly Substance the Lord in his goodness has been pleased to bless me with do hereby make and ordain this to be My last Will and Testament. In manner and form following First believing in the Immortality of the Soul do recommend my spirit into the hands of my blessed Redeemer who gave it to me and my mortal body to the dust from whence it came, to be decently buried at the discretion of my executors hereafter to be mentioned. It is my will and desire that all my Just debts should be first Paid, of which there are but few My will and desire is that at my decease that all My first lot of Negroes Viz. Worrick. Sam. Ned. Dave Jinny. Feby and her three children Cornelia. Alvis and Harriet. and Eliza and little first Mariah & all there increase to be equally divided by lot or sale between my six oldest children or their representatives Share and share alike, and also to avoid any misunder= Standing my five oldest sons is still to hold and Keep and possess and continue to possess all the property both real and personal which I gave to them when they commenced house keeping, an[d] as regards my oldest Daughter Martha Ann Ward Wife of John R. Ward she is to retain as a loan during her natural life and no further the following property which my said daughter Martha and Ward has now in her possession Viz. My Negro girl Caroline and her two Children Henry and Green and all their increase. as also the sole and entire use and benefit of one hundred and fifty acres of land Including the lands Where she now lives Known as the David Durham lands and as much adjoining the same to be taken from the Levi Andruss land as will make the above one hundred and fifty acres of land [Will Book Volume H, page 96] and it is my will and desire that at the decease of my said Daughter Martha Ann Ward that the above Negroes Caroline & her two children with all the increase as also the above named Tract of land be equally divided between the children of my said Daughter Martha Ann Ward and furthermore it is My Will that my executors do sell at private or public sale as the case my best suit for selling my Tract of land of one hundred and twenty eight acres Known as the Durin Hatch land lying on the head Waters of the Wild Cat branch Deeded John R Ward and that my executors pay over the proceeds arising from the sale of the last mentioned one hundred and Twenty Eight acres of land to my daughter Martha Ann Ward as she may need it. The sale of which is one and two Years credit Interest from sale. Now for the more comfortable support and maintainance of my beloved wife Martha Stroud I do lend her during her natural life or widowhood the following named negroes My boy Doctor and two Young Negroe girls Dicey & Betty, and also in like Manner I do lend to my said Wife Martha Stroud the use and benefit of two hundred acres of land to be in such Manner as Will include to her my dwelling house and other buildings. I also lend her the use of all my household and Kitchen furniture to my said Wife Martha and [also] as much of my Stock of Cattle horses hogs sheep &c as she May seem sufficient for her and her families use. And also one hundred dollars in money at her own disposal. And at the deceased of my wife or widowhood the above loaned property and all its Increase is to be equally divided between my three youngest children namely John W. Stroud. William F. Stroud and Emmaline T. Stroud. Except The two hundred Acres of land is to be the property of my son William F. Stroud at his mothers death or at the expiration of her widowhood My will and desire is that all my Negroes which I have not disposed of in the foregoing Items Namely Nelly. Rachel Bob. Doctor. Major. Nat. Lydia. Lucy. Rhoda. Anthony. Seaborn. Caroline. Dicy. Hannah. Betty. Aaron. Mary. Cathrine and Peggy and all their increase Shall be equally divided by lot or by Sale as they may best choose between them, my three Youngest children [Will Book Volume H, page 97] aforesaid John W. Stroud. William F Stroud and Emmaline T= Stroud Share and Share a like nevertheless If Either of my three youngest children Should die leaving no living children all the property which I leave to either of them whether real or perishable shall return back to my youngest living children or their legal representatives I leave to my Son John W. Stroud the following described Tracts of land (To Wit) The Tract of land known as the Charles = McCauley Tract lying on Phillis Creek containing Four hundred and Sixty six & one half acres more or less Deeded by James C. Turrentine Shff, also one other Tract adjoining the above containing Seventy acres on the South West on the head waters of Tyrells Creek deeded by Peter Willis and also the one half of a fifty Acres Tract known as a part of the Archa Durham old place adjoining Quincy= Loyd Joseph Ivey and others Deeded by Cannon Bowers to him & his heirs forever I leave to my son William F Stroud all my home lands and plantation whereon I now live containing about Five Hundred and fifty acres adjoining Wilson Atwater on the South and on the east by the Prong of Tyrells Creek called the east fork of said creek and on the north by Quincy= Loyd and Isaac Stroud & on the west by Wards and Andress lines and the Hillsboro Road on the extreme West, and also the one half of a fifty acres Tract known as the Archa Durham old place Deeded by Cannon Bowers and adjoining Quincy= Loyd & others to him and his heirs forever It is my will and special desire that my daughter Emmaline T Stroud young & Single Woman to have & to hold for her sole and special use benefit and profit during her natural life all the Identifyed and described Tracts of land as follows Viz. The Tract of land known as the Winningham Plantation lying on both sides of Nevills Creek containing Six hundred & fourteen acres more or less as for Deeds from the heirs of the last Thomas= Winningham decd. and also two hundred acres of land on the East end of the Tract known as the Mill Tract on Tyrells Creek and Adjoining the lands of Wilson Atwater. The Chatham County line & others the said Quantity to be ascertained by Measurement to be made hereafter and also one other Tract of land lying on the waters of Prices Creek Known as the Meeting house Tract of land containing one hundred acres more or less (Excepting and reserving two acres of land to be [Will Book Volume H, page 98] laid off by the deacons or their successors for the special use and benefit of the Christian Church at Damascus to be laid off as aforesaid to suit the best convenience of the Christian church at that place with the privelege of my water for the use of the said Christian denomination, and now It is my sincere will and desire that my said daughter Emmaline T Stroud Shall continue to hold retain and possess the foregoing - foregoing[sic] Several Tracts of land as described in this Item during her natural life and after her decease it is my will and desire that all the lands mentioned and described in this Item shall be equally divided between the living children of my said daughter Emmaline T Stroud if she Should have any & If she should not leave no child or children, then and in that event it is my Will and desire that these three several Tracts of land shall revert and return back to my lawful heirs & their representatives to be equally divided among them all and further my said daughter is to have my large family Bible and my will is that my executors purchase out of my effects a well bound Family Bible for each one of the rest of my children My will and desire is that my Grist Mill on Tyrells Creek be sold by my executors on a credit of one and two years with Interest from sale with all its fixtures and Machinary attached thereunto. With eighty six acres of land more or less lying [on] both sides of said creek & adjoining to the Mill, and the proceeds arising from this sale is to be equally divided amongst my six oldest children namely John S Stroud Charles P Stroud Green M Stroud, Bryant M Stroud Manly D Stroud & Martha Ann Ward be equally divided Share and Share alike My will is that all my stock of horse or mule kind Cattle. Sheep. hogs. one Waggon farming utensils &c after reserving to my Wife Martha Stroud whatever she may reasonably Judge to be necessary for her support and her familys support. Then the remainder of the above effects to be sold on a credit of twelve months, and out of the proceeds of this Item or other moneys I desire that My three sons Charles P Stroud, Bryant M Stroud and Manly D. Stroud have two hundred Dollars each without Interest [Will Book Volume H, page 99] My Will is that all my lands lying on the head waters of Collens Creek Included in Several Small Deeds made to me by Sidney Loyd Trustee of Green Andruss, Nancy= Reeves James C Turrentinte Sheriff James C Turrentine & Elijah Andruss whereon little Henry A Cates now lives Containing one hundred and forty acres more or less adjoining Elijah Andruss, Sidney Loyd G. Smith[s] heirs & others be sold by my executors to the best advantage at private or public sale, and the proceeds arising from this sale shall be equally divided between my Sons John= =S. Stroud, Charles P Stroud, Green =M Stroud and my daughter Martha Ann Ward Share and Share alike Now for a more clear and perfect understanding with regard to my three youngest children it is my will that if either of them should die leaving no child or children. Then in that case it is my will that the survivor or survivors of my said youngest children is to Inherit the deceased one estate so far as respects what is contained in this bequest, attending to their negro property as it is probable that some one of my oldest children may become the owner of my Servant boy Ned, and I having much regard for him as a trustworthy Servant and for his good Conduct heretofore and hopeing that he will continue to conduct himself with fidelity and good Faith. If so I sincerely hope he may never be mistreated nor wrong= =fully abused, and that he have ten Dollars given to him out of my estate. as a reward for his good behavior heretofore. And If my old Black woman Nancy should become chargeable It is my desire that all my children without exception bear an equal part of all the expenses that my accrue on her maintainance. And my will is that after discharging all the foregoing Tenure of this my last Will & Testament which I desire to be done fully and with Satisfaction to all my beloved children and as I am Impressed with a feeling and parental sensation on this most solemn occasion for the present and future Well fare of all my children & posterity I Will drop a word - A word[sic] and say my hope and prayer in there may never no never exist a single note of discord or disquietude among my beloved children And it is my will that If I should have any notes or money or debts or accounts of any description whatever on hand at my decrease over and above what will be Sufficient [Will Book Volume H, page 100] to comply and discharge the foregoing Items. Then and in that case it is my will and desire that all the remainder of such moneys notes debts accounts, &c be equally divided between my three youngest children namely John W. Stroud. William F. Stroud. and my daughter Emmaline T Stroud. share and share alike And in conclusion of the foregoing I desire to return My heartfelt Thanks to my Blessed Savior for all blessings common and special I do now nominate constitute and appoint My two sons John S Stroud. and John W Stroud Executors to this my last will and Testament revoking all other wills by me heretofore made In testimony whereof I the said Bryant Stroud doth hereunto set My hand and affix my seal This 27th day of August AD 1857 (Interlined by myself before assigned in every letter) Signed & sealed in } the presence of } B. Stroud (seal) Wesley Atwater } Wilson Atwater } Jehiel Atwater } Whereas I Bryant Stroud have made my last Will and testament in writing bearing date on the 27th day of August 1857 and have thereby made sundry devises and bequests according to them existing circumstances of my estate but which Circumstances have materially Changed. I do by this my writing, which I hereby declare to be a Codicil to my said will to be taken and construed as a part thereof Will and direct that the two hundred acres of land adjoining to Wilson Atwater and Chatham County line on the South side of Tyrells Creek which is expressed in my foregoing will to be the property of my daughter Emmalina= T Stroud she since being Married to William S. Petty an[d] in order to make a more equitable disposition of my Estate among all my children I do hereby make this codicil a part of my last Will and Testament I do will and direct that at my decease that my executors do sell on a credit the two hundred acres of land as refer[r]ed to on a credit of one and two years interest from sale [Will Book Volume H, page 101] and the Proceeds thereof to be Equally divided amongst all my children share and share alike of which this codicil is hereby declared to be a part of my last will and Testament In testimony whereof I hereunto set my hand and seal this 13th day of January AD 1860 Signed sealed and } B. Stroud (seal) delivered in the presence of } Wilson Atwater } Welsey Atwater } Additional Comments: Will Book Volume H, page 95 Recorded Feb 1875 Loose will is in a folder labeled "Strowd, Bryant 1875" (note the transposed date). No estate papers found.