Robeson County NcArchives Wills.....Mercer, Rowland 1863 ************************************************ 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 July 9, 2014, 12:44 pm Source: N C Archives Written: 1863 In the Name of God Amen I Rowland Mercer Esqr of the County of Robeson + State of North Carolina Being of sound mind yet feeble in body, taking into consideration the uncertainty of human life do make publish and declare this to be my last will + testament on this 22nd day of January in the year of out Lord one thousand Eight hundred and sixty three In maner + form following (viz) Item 1st I consign my mortal remains to the Earth + my soul to God who gave it Item 2nd that all my Just debts be paid + funeral expenses + the balance of my real + personal Estate be divided among my children + wife Eliza Mercer as follows – Item 3rd unto my wife Eliza Mercer I give and devise the following land beginning at a stake on the North Side of the Swamp in Rosa Ann Phillips line, opposite the mouth of the lane and may () down the swamp to her Corner thence a South west direction to the western line of the Rhodes Land – thence along the Hammonds line – to the Hammonds Corner opposete the lane – thence along the lane to the beginning – So as to include all the lands that lie South west of the little swamp – to have and to hold to her during her life time or widowhood + no longer – then to Noah Mercer Esq + Noah mercer Junr. To them their heirs and Assigns – in trust however that they Shall hold the same to the use of my son Travis Mercer ~ and it is expreSsly understood, that while the legal estate ~ in said land after the termination of the life estate or widow hood of my wife Shall vest in said Trustees above named yet they shall hold it entirely for the use + benefit of my son Travis mercer his heirs + aSsigns ~ Item 4th I give and bequeath to my wife Eliza ~ three cows + Calves, three sows + pigs, and one years provisions consisting of two Hundred weight of Bacon fifty Bushels of corn + fifty Dollars in money ~ --------------------------------------------------------- I also give + bequeath to my wife one pot and one Q oven ~ the above articles of personal property (except one Years provisions) is to be divided equally amonst my Children after the death of my wife ~ Item 5th I give and devise to Noah Mercer Esq. and to Noah Mercer Jnr. Their heirs and aSsigns ~ the following Lands to wit all my lands that lie on the South West of the Little Swamp ~ including the Swamp Beginning at a Stake in Eliza Mercers corner Rosa Ann Phillips line and runs along her line to Frances Phillips line ~ + with her line to Pitmans line + with his line to Isaac Smiths lines then along his lines to the Heirs of Warwicks lines, then along their lines to Speights line then along his line to Eli Hammonds line thence along his line to Eliza Mercers Corner ~ thence along her line to the beginning ~ Supposed to Contain four Hundred acres more of leSs~ In trust however + upon athe expreSs Condition that the said Noah Mercer Esq + the said Noah Mercer, Jr. shall hold the said Lands above described to the Sole + Separate use and benefit of my Son Travis Mercer his heirs + aSsigns ~ and in the event the said Travis Shall die without heirs then the Trustees above named Shall Cause the Lands which I have devised to them to hold to the use of my Son Travis to be equally divided amongst my heirs Then living ~ I also give + bequeath to Noah Mercer Esq + Noah Mercer Jr. my boy Nathan ~ to hold however in trust + for the exclusive benefit of my son Travis Mercer ~ Yet in the event that my son Travis dies without heirs then the Trustees above named shall\ Sell the said Nathan + divide the purchase money Equally amongst my children who may be then Living ~ Item 5th I give and bequeath unto my son Rowland Mercer and my Grandchildren Andrew, Rowland Orran, Orry, Martha + Caroline Mercer + to Eliza Jane Mercer ~ Children of my son James Mercer ~ and to any future children which my son James may have my negro boy named Joe ~ my wish and desire is that said boy Joe, work on the farms of --------------------------------------------------------- the said Rowland Mercer + James Mercer, alternately that is to say, he shall work with Rowland one year + Shall work with the heirs of my son James above named the succeeding year ~ In the event however of a disagree =ment between my son Rowland + the heirs of my son James ~ In regard to the said boy Joe ~ then in that event ~ my will + desire is that said boy be sold at public auction ~ to the highest bidder + the proceeds of the sale ~ to be divided as follows ~ one share to my son Rowland Mercer ~ and the other share to my grandchildren above named to wit the Children of my son James ~ except that in making a division of the money ~ the children of my son James Shall have one Hundred Dollars more than my Son Rowland Mercer ~ In the further event of a Disagreement as to Said boy Joe~ My will + desire is that my Executors herein after named ~ Shall sell said boy ~ + Shall retain the portion going to my son Rowland ~ giving to him the Annual interest which arise from the principal or that Share of the principal belonging to him in the Division~ and in the event my son Rowland die, without heirs then ~ my Executors will pay over to the heirs of my Son James Mercer the share of Said Money ~ which they held for the use of Rowland Mercer ~ and if before a Sale may be made my son Rowland dies without heirs the said Joe is to be the property of my grand Children above specified ~ viz the Children of my son James ~ I also give and devise to my grand Children, Andrew, Rowland, Orran, Orry, Martha, Caroline and Eliza Jane Mercer ~ + to any future Child or Children which my said son James mauy have Two Hundred + forty four acres ~ of Land a full description of which will more fully appear on refensed???? To a deed of Gift made to them for the same~ Item to Esther Phillips~ and her heirs I give + devise the following Land~ Begnning at a Maple by a pine --------------------------------------------------------- on white Bay ~ in the edge of a Small Branch ~ in the edge of Little Swamp on North Side of the Swamp~ about a hundred yards above the ford ~ leading from Noah mercer to Rowland Mercers~ the Southern Corner of Rosa Ann Phillips survey ~ and runs along her lines to Milleachy Meares line near the upper end of Silas Marsh thence along her line to the Corner~ thence along J P Wisharts line to the Little Swamp, thence up the various courses of the Swamp to the beginning ~ als one Hundred + seventy five acres, which is fully Described in a deed of Gift executed by me to her + her heirs for that amongst I also give + bequeath to Esther Phillups + to my son Noah Mercer my boy Si to have on the Same Conditions that My Son Rowland + the heirs of James hold my boy Joe that is to say Esther is to have one Hundred Dollars more than Noah in the event of a Sale of Si ~ in the event the boy is not sold then he Shall Serve them in the Sane nabber ub Hie us to chose to whom he is bequeathed~ Item unto Milleachy Meares ~ + her heirs in fee ~ I Give + devise Two Hundred + forty three acres to be equally divided between herself + Noah Mercer that is she is to have one half thereof in fee + Noah + his heirs the remainder in fee ~ it being a part of Three Hundred + three acres bought of R. C. Rhodes, together with one Hundred + twenty five acres ~ given by me to her by Deed of Gift also one negro girl named Gainor to her absolutely~ Item to Frances Phillips + her two heirs Richard + Becky I give + bequeath my negro woman Sue to them + their heirs also one Hundred + fifty five acres of Land between Little Swamp + Jacob Swamp ~ see Deed of Gift for the same ~ Item to Nepsy Byrd ~ + her heirs I give and bequeath a negro girl named Chersey Together with --------------------------------------------------------- One Hundred and Eighty Six acres of Land a description of which will fully appear on referring to a Deed of gift made by me for that amount to said Nepsy Byrd~ Item to Rosa Ann Phillips, I give + devise two Hundred + fifteen acres of Land~ described in a Deed of Gift from my to her ~ together with a negro named Nora ~ to her + her heirs in fee simple~\ Item= to Rowland Mercer I give and devise Six Hundred acres more or leSs, being the same land which I give him by Deed ~ of gift ~ together with the interest in boy Joe described in a former item ~ Item ~ my wish + desire is that my Executors Sell on a Credit of six month ~ all my personal + Perishable property not otherwise dispoed of ~ and after collecting the purchase money shall pay to Esther Phillips one Hundred Dollars ~ to Nepsy Byrd fifty Dollars ~ to my wife fifty Dollars the Same I order her to have in a former item ~ I desire that my Executors remove my old dwelling house ~ on the lands of Francis Phillips ~ + pay for the same out of the monies which they may realize from the Collection of my notes + accounts and the surplus shall be equally divided between all my Children share + share alike ~ Item ~ I give + bequeath to my heirs share + share alike five Shares in the Wilmington, Charllotte + Rutherford Rail Road ~ also a claim I hold on said Company in the amount of about Seventy three Dollars ~ to be equally divided between them ~ I appoint my son Noah Mercer Jr, and Noah Mercer Esq Executors to this my last will + testament in testimony whereof I hereunto Set my hand this 22nd January 1863 Signed + sealed in presence of Eli Wishart Rowland Mercer {Seal} W. A. Dick --------------------------------------------------------- State of North Carolina } Court of Please + Quarter SeSsions Robeson County } February Term 1863 A paper writing purporting to be the last will and testament of Rowland Mercer deceased is exhibited for probate in open Court by Noah Mercer Jr + Noah Mercer Esq the executors therein named and the due execution thereof is proven by the Oath and examination of Eli Wishart + W A Dick the subscribing witneSses thereto It is therefore Considered by the Court that tge said paper writing and evert part thereof is the last Will and testament of the said Rowland Mercer and the same is ordered to be recorded and filed. And thereupon the said Noah Mercer Jr + Noah Mercer Esq, Executors as aforesaid duly qualifies as such by taking the oath required by law Jno A Rowland Clk --------------------------------------------------------- Transcribed verbatim line by line Additional Comments: Source: Robeson County Wills, NC State Archives, 109 E Jones St., Raleigh, NC Call Number: CR083.801.9 File at: http://files.usgwarchives.net/nc/robeson/wills/mercer775nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 11.0 Kb