Robeson County NcArchives Wills.....Byrd, William April 24, 1840 ************************************************ 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: Sam West sam.west.1@gmail.com August 5, 2014, 2:58 am Source: N C Archives Written: April 24, 1840 Recorded: February 1841 In the Name of God Amen I William Byrd of the state of North Carolina and County of Robeson being Weak of body but of sound and disposing mind and memory bleSsed be God for his mercies calling to mind that it is appointed for man once to die I do make publish and declare this Instrument of writing to be and Contain my last Will and Testament in manner and form as follows (to wit) my soul I Remitt to god who Give It me and my body to the earth to be buryed in a Christian like and descent manner to the discretion of my Executors jereom after mentioned Item the first It is my Will and desire that all my Just debts be paid as quick as Convenent out of my Estate by my Excutors ~ Item second. I Give and bequeath to my beloved wife Martha Byrd the Plantation whereon I now live Containing four hundred and fifty four acres of land Including my dwelling house and every other Improvement there unto belonging to raise my Children on also my my negro woman Fillis and her two Children Jack and Ell also my negro woman Olive and her Two Childr- =en Esther and Sarah also all my stock of Horses Cattle hogs and sheep house hold and Kitchen furniture and plantation Tools during of her natural life or widow hood but if she dies or marries before my youngest Child MaliSsa Comes of the age of Twenty one years of age It is my will and desire that my property as above mentioned and the Increase thereof be Equally devided amongst my Children hereinafter named viz to my beloved Daughters Polly, Amelia Elizabeth Martha Mary Ann and Frances, and MaliSsa my youngest daughter and if It should so happen that my beloved wife should have issue before my deceased or within Ten months after my deceased it is my will and desire such Child or Children as above mentioned ~ Item the 3rd I give and bequeath unto my son William Byrd three hundred and seventy Eight acres of land ------------------------------------------------------------ situate lying and being in the Said County of Robeson on the West side of the Great Swamp and south side of Jackson Swamp Known as the John Place and the Tract of land whereon Edward Bryan now resides all Joining which land I sesire to remain in the possession of my beloved wife until the said William Byrd arrives to Twenty one years of age Provided never the less if my beloved wife Martha should die of Marry priveous to my said son William becoming of twenty one years of age it is my Will and desire that my Executors here after named shall rent out, said land until there is a Guardian appointed by Court for said William Byrd and then for the Guardian to rent out the Improved part of the three hundred and Seventy Eight acres of land until my said son William arrives to be twenty one years of age and the proceeds arising there from to be to the proper use of him the said William Byrd and should if so happen at the division of my Estate that the Increase of my said negroes and the Increase of my stock should Exceed in value so as to give my other Children before mentioned each a great share or of more value to each of my said heirs then what the value of Three hundred and seventy Eight acres of land will than be to the said William Byrd then It is my will and desire that my Executors will make up said William’s share including the three hundred and seventy Eight acres of land equal to each share of my aforesaid mentioned heirs Item 4th if it should so happen that my beloved wife should Marry before my youngest Child MaliSsa should arrive to Twenty one years of age it is my Will and desire that my said Estate shall then be equally divided amongst my said heirs as before mentioned and my beloved wife be entitled to and equal share with Each of my Children aforesaid and also to inJoy and poSseSs the four hundred and fifty four acres of land including the Plantation whereon I now live as mentioned in the Second Item during of her --------------------------------------------------------- natural life and after her death to decend to my son Owen Byrd to be to him and his heirs for ever in fee sinple and should it so happen at the division of my said Estate that the Increase of my negroes should exceed in value more than the four hundred and fifty four acres of land then and in that Case it is my will and sisire that the Said four hundred and fifty acres of land be valued by five disinterested freeholders and Owen share be made Equal with each share of my aforesaid heirs including said land Item 5th ~ It is my Will and sire that my Son Henry Byrd shall inJoy and poSseSs the three hundred and Ten acres of land Situated in the said County of Robeson on the south side of Jackson Swamp whereon he now resides to be to him and his heirs forever in fee simple I also give and bequeath unto my said Son Henry Byrd one Sorrel Horse and Two Cows and yearlings and Ten head of Hogs which he is alredy in poSseSsion off also five head of sheep which sheep is to be delivered to him at any time when Convienient and should it so happen that the Increase of my said negroes and other stock should Exceed in value more than one hundred dollars at the division of my said Estate that and in that Case it is my will and desire that my said son Henry Byrd share be made equal with Each of my other Children before mention with the Exception of the aforesaid Hundred dollars which sum of one hundred dollars is deducted for the purpose of Raising of aSsisting to Raise said negroes~ Item 6th I give and bequeath unto my daughter Sally Now the wife of Clarida Allen two Cows and Calves and one yearling and one oxen one bed and furniture and one wheel and Cards which property they the said Sally and her said Husband Clarida Allen is now in poSseSsion of and at the division of my Said Estate it is my Will and desire that my said ------------------------------------------------------- Daughter Sally share be made Equal with the Share or shares of each of my other Said Children with the Exception of one hundred dollars value to be deducted out of her Said Share for the purpose of aSsist in the raising of Said negroes Item the 7th It is my will and desire as my last Admonishition as a Kind parent that my Children by Kept together on my plantation until my youngest daughter MaliSsa arrives to twenty one years of age or shall it so happen that my beloved wife Martha shall have any more Children previous to my death or within Ten months Immediately after my deceased then in that Case It is my will and desire that my said minor Children be and continue together untill my youngest Child becomes of age and that no division take place of my Estate untill that time Except my beloved wife Martha should die or marry as above stated. Item the 8th I do hereby nominate Constitute and appoint my dearly beloved Executrise and my worthy friend John Smith Executor of this my last will and Testament and I do hereby revoke all will’s heretofore by me made declaring this and this only to be and Contain my last will & Testament in Testimony of which I hereunto set my hand and seal this 24th day of April in the year of our lord 1840 Signed Sealed Published and declared In presence of WByrd {Seal} Us Rily Kinlaw Sdh Howell inter lined in the thirty third line with the words before my decease or before aSsigned & also in the hundredth & fifth line before aSsigned with the word each & in third with the word Each State of North Carolina } Court of Pleas and Robeson County{ quarter SeSsion February } Term 1841 Ten was the annexed Will of William Byrd offered for probate and duly proven in open Court by the Oaths of Shadrach Howell and Riley Kinlaw the subscribing WitneSses thereto and it is therefore ordered by the Court that the same be Recorded and it is further Ordered that letters Testementory iSsue to John Smith one of the persons named as Executor in said Will. Sdh Howell Clk Citation: Robeson County, North Carolina Wills, Call Number: C.R.083.801.2 Byrd, William – , NC State Archives, 109 East Jones Street, Raleigh, NC Transcriber’s note: Transcriber is descended from WILLIAM BYRD as follows: William Byrd > Martha Byrd Smith > Martha Virginia Smith Powers > May Belle Powers Hart > Juanita Agnes Hart West > Virginia Belle West Pulanco > Samuel A. Pulanco, now Samuel A. West. Transcribed verbatim. File at: http://files.usgwarchives.net/nc/robeson/wills/byrd782nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 9.0 Kb