Orange County NcArchives Wills.....Tinnin, David December 10, 1849 ************************************************ 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 488-490 Written: December 10, 1849 Recorded: May 1851 Testator: David Tinnin In the Name of God Amen I David Tinnin of Orange County & State of N.Carolina being in Sound Mind & Memory - do make this my last Will & Testament in Manner following hereby revoki= ing all former Wills ~~~~ ~~~~ 1st I Will & bequeath to my beloved Wive Nancy Tinnin all my property during her life or widowhood ~~~~ 2nd At her death I will my old plantation to my son John J. Tinnin which I values at one thousand dollars & the Shaw Plantation to my son William J. Tinnin which I value at fifteen hundred dollars - but taking into cons= ideration the wear & tear of the improvements &c I value it at twelve hundred and fifty dollars & in case of the death of my Wife my will & desire is that my two daughters Martha E Tinnin & Nancy M. Tinnin Shall have a home with my Son Wm. J Tinnin on the Shaw plantation as long as they remain unmarried without charge~~~~ 3rd I Will to my other two sons Robert N. Tinnin & David Q. Tinnin twelve hundred & fifty dollars cash to make them eaquel with John J, & William J. Tinnin ~~~~ 4th It is my Will & desire that my Four sons John J Robert N David Q & William J. Tinnin Should have one negro boy each at valuation, provided thare is negroes enough to make my three daughters eaquel with my Four Sons --- 5th I desire that my negroes shall be valued at a fair & Just valuation & loted[allotted] off betwe[e]n my three daughters Mary J. Richman Martha E. Tinnin & Nancy M. Tinnin So as to give them an eaquel Share with my four Sons after deducting the amount that M. J Richman has Received from her portion, which I have charged her with as will be found on my account book ~~~~~~~~ 6th I will that my lands in Mississippi be sold & the proceeds togeather with bonds I hold on individuals to be ap[p]lied to the making of my two Sons Robert N. Tinnin & David Q. Tinnin eaquel with my two sons John J. Tinnin & William J. Tinnin & the balance if any eaquely divided [page 2] So as to make all eaquel ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 7th All my stock & perishable property except the negroes to be sold on a credit of 12 months & the proce[e]ds eaqualy divided among all my Children ~~~~~~~~~~~~~~~~~~~~ 8th My Will & desire is that my three sons Robert N Tinnin David Q Tinnin & William J. Tinnin & my daughter Nancy M. Tinnin be sent to school till they give their education & that if eather of my Sons wishes to study a profession the expense must come out of thare part of the estate ---- & my wife has liberty to Sell any thing She can spare on the plantation to pay The tuition of the above mentioned children My wife has liberty to Sell any thing on the plantation for the use of the family ~~~~ 9th I appoint my wife Nancy Tinnin Executrix & my Son in law William Richman Executor of this my last Will & testament ~~~~ 10th My wife has liberty to give to any of the children that marries & goes to themselfs any property She thinks best, & charge them with the same so that it can be accounted for in the division ~~~~ ~~~~ Now I pray bear this in mind that the division must be made eaquel taking into consideration both land & negroes ~~~~~~~~ 11th My wife has liberty to ap[p]oint three good uninterested men to lot off & value the negroes 12th Now my dear children my last will is that you would be friendly & kind to each other & assist each other all you can & remember your af[f]licted Brother, advise with him and assist him & see that no one wrongs him be obedient to you mother & oh pray do not be the means of bringing her gray hairs to the grave with sorrow ~~~~ 13th It is my will & desire that my son John J. Tinnin would live with his mother during her life Signd Seald & acknowledged in the presence of Test This 10th of Dec 1849 C. C. Tinnin David Tinnin John ???? [page 3] I so far after and amend this my last will and testament so as to give my wife Nancy Tinnin liberty to sell any of the negroes that should prove untruly and disobedient to her and loan the money out by takink[sic] bond and two good securities in testimony whereoff I hereby set my hand and signed & sealed in the presence of This 9th September 1850 Test David Tinnin (seal) John J. Allison Jurat Thos H. Hughes State of North Carolina } Orange County } County Court May Term 1851 The last will of David Tinnin decd. with the Codicil thereto was duly proved in open Court in Common form, the will by one of the subscribing witnesses thereto named C.C. Tinnin, and the codicil by one of the witnesses thereto namely John J. Allison and the Court thereupon adjudged the said will & Codicil to be the last will & testament of David Tinnin deceased executed according to law & sufficient to pass both his real & personal estate And it is order that the executors have leave to qualify as such & that said will be recorded Test J Allison C.C.C State of Mississippi } Lafayette County } I Ward G Vaughan Clerk of the Probate Court of said County Do hereby certify that the foregoing last Will & testament with the Codicil thereto was filed in my office for the Record on [page 4] the 18th of December 1851 and was duly proved The State of Mississippi } I Wylie P. Wooten Clerk of the Panola County S.S. } Probate Court of said County hereby certify that the foregoing will & Codicil thereto of David Tinnin deceased was filed in my office for record[?] on the 9th day of January 1852 and that the same and the certificate of proof & Probate thereto following were duly recorded therein by me, on the 15th day of same month and year in the Will Book A pages 110 & 111 In testimony of which I hereto set my hand and affix the seal of said court at office in Panola the 15th day of January 1852 W. P. Wooten Clerk [Will Book Volume F, page 488] In the Name of God Amen I David Tinnin of Orange County & State of N.Carolina being in sound mind & memory ~~~ do make this my last Will & testament in manner following hereby [x-out] revokiing all former Wills ~~~ 1st I Will and bequeath to my beloved Wive Nancy Tinnin all my property during her life or widowhood ~~~ 2nd At her death I will my old plantation to my son John J. Tinnin which I values at one thousand dollars & the Shaw Plantation to my son William J. Tinnin which I value at fifteen hundred dollars ~~ but taking into consideration the wear & tear of the improvements &c I value it at twelve hundred & fifty dollars & in case of the death of my wife my will & desire is that my two daughters Martha E. Tinnin & Nancy M. Tinnin shall have a home with my son Wm. J. Tinnin on the Shaw plantation as long as they remain unmarried without charge~~ 3rd I will to my other Two sons Robert N. Tinnin & David Q. Tinnin twelve hundred & fifty dollars cash to make them equal with John J. & William J. Tinnin ~~~~ 4th It is my will and desire that my four sons John J. Robert N. David Q. & William J. Tinnin should have one negro boy each at valuation, provided there is negroes enough to make my three daughters equal with my four sons ~~~ 5th I desire that my negroes shall be valued at a fair & Just valuation and lotted[allotted] off between my three daughters Mary J. Richmond Martha E. Tinnin & Nancy M Tinnin so as to give them an equal share with my four sons after deducting the amount that M. J. Richmond has received from her portion, which I have charged her with &[as] will be found on my account book ~~~~~ 6th I will that my lands in Mississippi be sold & the proceeds together with bonds I hold on individuals to be applied to the making of my two sons Robert N. Tinnin & David Q. Tinnin equal with my two sons John J. Tinnin & William J Tinnin & the balance if any equally divided so as to make all equal 7th All my stock & perishable property except the negroes to be sold on a credit of 12 months & the proceeds equally divided among all my Children ~~~~~~~~~~~~~ [Will Book Volume F, page 489] 8th My will & desire is that my three sons Robert N Tinnin David Q. Tinnin & William J Tinnin & My daughter Nancy M Tinnin be sent to school till they give their education & that if either of my Sons wishes to study a profession the expense must come out of their part of the estate ~~~~ & my wife has liberty to Sell any thing she can spare on the plantation to pay the tuition of the above mentioned Children My wife has liberty to sell anything on the plantation for the use of the family ~~~~ 9th I appoint my wife Nancy Tinnin Executrix and my son in law William Richmond Executor of this my last Will and testament ~~~~~ 10th My wife has liberty to give to any of the children that marries & goes to themselves any property She thinks best, & charge them with the same so that it can be accounted for in the division ~~~~ ~~~~ Now I pray bear this in mind that the division must be made equal taking into Consideration both land & negroes 11th My wife has liberty to appoint three good uninterested men to lot off & value the negroes 12th Now my dear children my last [x-out] will is that you would be friendly & kind to each other & assist each other all you can & remember your afflicted brother, advise with him & assist him & see that no one wrongs him, be obedient to you mother & oh pray do not be the means of bringing her gray hairs [x-out] [x-out] to the grave with sorrow ~~~~ 13th It is my will & desire that my son John J Tinnin would live with his mother during her life ~~~ Signed, sealed & acknowledged in the presence of Test This 10th of Dec 1849 C. C. Tinnin David Tinnin (seal) John Tinnin I so far after and amend this my last will & testament so as to give my wife Nancy Tinnin liberty to sell any of the negroes that should prove untruly and disobedient to her & loan the money out by taking bond & two good securities In testimony [Will Book Volume F, page 490] whereof I hereby set my hand and signed & sealed in the presence of This 9th September 1850 Test David Tinnin (seal) John J. Allison Thos H. Hughes Orange County Court May Term 1851 The execution of the foregoing last will & testament together wit the foregoing codicil was duly proved in open Court by the oaths of C. C. Tinnin & John J Allison subscribing witnesses thereto & ordered to be recorded At the same time Nancy Tinnin the Executrix & William Richmond the Executor therein named appeared in open Court and qualified accordingly Test Additional Comments: Will Book Volume F, pages 488-490 Recorded May 1851 Estate Papers comprise 92 pages and are found in a folder labeled "Tinnen, David T (1851)". This folder is a mixture of estates. Some relate to this testator, others to a David T. Tinnin whose widow is Sarah, and heirs are Elizabeth, Thomas, Loton & Martha. Pertaining to the above will, an inventory taken lists "Nineteen negroes" taken Aug 1851 and signed Nancy Tinnen.