RANDOLPH COUNTY, NC - WILLS - John Beard - 1809 ************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. This file was contributed for use in the USGenWeb Archives by: Nadine Holder nadin@c2i2.com *************************************************************** John Beard Will November Term 1809 I John Beard of the County of Randolph and State of North Carolina being weak in body but of sound and perfect mind and memory do make this my last will and testament in manner and form following: Firstly: It is my will and desire that all my just debts and funeral expenses be punctually paid as soon as it can be conveniently done after my decease. 2ndly: I will and bequeath unto my loving wife Martha Beard the use of my mannor house, all my household furniture together with such________and other conveniences as may be desired by my widow necessary for her, I also give unto my said wife all my personal estate not hereinafter __________during her widowhood and desire that my Executor shall sell such part of the same as her and them may deem proper and keep the monies arising therefrom as a fund for her support during her widowhood. 3rdly: My two eldest sons Thomas Beard and Patrick Beard having already received such part of my estate as I intend for them it is my will that they hold and enjoy the same and no more. 4thly: I give and bequeath unto my son John Beard two hundred and fifty dollars, to be paid to him at the expiration of his mother’s widowhood, or sooner if convenient. 5thly: I will and bequeath unto my son Jesse Beard the tract of land whereon I now live, beginning at a black oak supposed to be Woodards corner, and turning with the river to the old road, and I am agreeable to the deeds also the balance of the other tracts lying westward of Thomas Beard’s former plantation, beginning at his corner in the ninety acre tract keeping with his line its various courses, supposed to contain in the whole three hundred acres, and also one half of three hundred acres bounded by a tract formerly David Hoovers and also one half a tract of ninety five acres adjoining Allens called the Mill Plain - also the sorrel mare harness and choice of saddles with half the farming tools and also one half the wagon smith tools, dutch fan, jack screw, the old waggon irons and all the ____wrought iron on hand to be jointly held and used by him and his brother William. It is also my will and desire that my son Jesse shall use and cultivate the mansion plantation for his own, but shall not have power to sell or let the same during his mothers widowhood paying his proportional part of the sum allowed by my intentions towards her support, all the property mentioned in the item I will and bequeath unto my said son Jesse his heirs and assigns forever. 6thly: I will and bequeath unto my son William Beard, at the expiration of his mothers widowhood, the remaining parts of the Rolston tract which is bounded by Lytle McCracken and others, running along Benjamin Saunders line to a pine, thence West _________line across the ninety acre tract, thence east to a white oak by the road then to a spruce pine corner thence east with Snows tract including the twenty five acre tract containing by estimation three hundred and twenty acres, all of the remaining half of the tract of land adjoining Hoover and Allen with my half acre lots in Johnston Village reserving a wagon road along Saunders line for Jesse to his own land - he staying with his mother until he arrives at the age of twenty one years. I also give and bequeat to my said son William my young black Jefferson mare and myh other saddle and in case the said mare should die or be lost before he comes of age, it is my will and desire that he shall be furnished with one by my Executors of the value of eighty dollars to be paid for and of the monies arising from the sale of such property as them and my wife may agree to sell according to directions in the 2nd item. I also give and bequeath unto my said son William one half of my plantation utensils of every kind. I also will that my waggon, smith tools, dutch fan, jack screw, old waggon irons and all the wrought iron on hand shall be jointly used and owned between him and his brother Jesse and further this is my will that my son William when he arrives to the age of twenty one years shall take possession of his lands and occupy the same, and also pay his proportional part with his brother for the support of his mother all which property mentioned in this item, I give and bequeath to my said son his heirs and assigns forever. 7th: it is also my will that in case either of my said sons Jesse or William should die without heir the survivor shall will all the real and personal estate which is herein alluded to the other and divide the same equally between himself, my son John Beard and John Beard’s son Thomas - unless the deceased shall leave a widow in which case she shall be entitled to her legal part of said estate and the balance be divided as above directed. 8th: I will and direct my Executors to sell my tract of land on Little ________ adjoining James L. Blair to make a title to the purchasers and apply it paying any debts and legacies and the remainder be applied to the support of my wife. 9th: I further will and direct at the end of my wife’s widowhood that the remainder of my personal estates be sold and the monies divided into five parts and that one of these parts be equally divided between my two daughters, Jane Frazier and Sarah Hollady and that the other four parts be equally divided between my sons John Beard, Jesse Beard, William Beard and my grandson John Beards son Thomas after allowing an advantage of fifty dollars in that divided to my son William. 10th: I leave and bequeath to my two daughters Jean Frazier and Sarah Holladay one dollar each. 11th: I leave and bequeath unto my friend Catherine Lytle all my part of the household furniture, stock and farming utensils which was willed to me by Thomas Lytle. 12th: I will and bequeat unto the following negros their freedom, to wit Joe, Sam, Parker, Pink and Easter and their offspring so far as relates to my part on the said slaves, they being willed by Thomas Lyttle to William Bell myself, and Samuel Millikan and by us jointly owned at present and I further will and bequeath unto the said Joe, Sam, Parker, Pink and Easter my part of the lands willed to me by Thomas Lytle they paying what William Bell and Samuel Millikan may think I am entitled to for my trouble and also for my ________ I think I sustained in setting a line between myself and Frank Lyttle but if their freedom cannot be obtained in this state, I give and bequeath the said negroes with their offspring so far as relates to my part and also my part of the said land after making the above distribution to the Humane Society of Pennsylvania for them to dispose of as they in their wisdom may think best so that object of my will may be complied with. And lastly, I nominate and appoint my friend Mathew Coffin and William Lombbran? With my sons Thomas and Jesse Beard executors of this my last will and testament revoking by this presents, all wills by me heretofore made, in witness whereof I have hereunto set my hand and seal this twenty third day of the 5th month 1809. /s/ John Beard - seal Signed sealed published and declared in presense of us Mary X Mann Alex Gray Henry Burrow State of North Carolina Randolph County November Term 1809 The execution of the foregoing last will and testament of John Beard was duly proven in open court by Mary Man and Alexander Gray and ordered to be recorded.