Rowan County NcArchives Wills.....Fraley, John March 31, 1849
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File contributed for use in USGenWeb Archives by:
Melinda Fulwood maiziedaizie@msn.com September 2, 2006, 12:48 pm

Source: Original Wills 1743-1900
Written: March 31, 1849

In the name of God, Amen! I John Fraley being weak of body but of sound and 
disposible mind and memory and calling to mind that it is appointed unto all 
men once to die and leave this world do make and ordain this my last will and 
testament in manner and form following. First, I recommend my body to this 
earth from whence it came to be buried in a plain christian-like manner at the 
discretion of my family and next I command my soul into the hands of that God 
who gave it not doubting but shall receive it again on the day of 
resurrection. And concerning my worldly property both real and personal which 
the Lord has blessed me with I dispose of them in manner and form as follows.
1st It is my will and desire that all my just debts be paid which I hope will 
be done by collecting without selling any thing and after any debts are paid I 
give and bequeath unto my beloved wife Mary all the residue and remainder of 
my estates both real and personal to possess and use as she may think best for 
the benefit and support of herself and the family disposing from time to time 
by private sales of such stock, crop and provisions as they may have to spare 
so long as she remains my widow and if at any time they should make and sell 
more than was necessary to use for the support of the family, for repair or 
other necessary buildings, it is my will and desire that the overplus be put 
to interest and reserved until the final division of my estate after the death 
or marriage of my widow provided that in case of a short crop or any other 
unforeseen accident or occurance they should make enough to do them. They may 
use as much of the above named surplus as may be necessary. It is my desire 
that so long as justifiable the children would stay together with their mother 
and try and keep up the farm as we have been doing; Unto my beloved son 
Montfort Stokes, I give and bequeath a certain black horse called Henry his 
saddle, bridle and a rifle gun, one good bed and furniture, at the discretion 
of his mother, in all worth one hundred dollares to use or sell or dispose of 
as he may think best and the crop of corn and wheat raised on the Beffle place 
last year and the crop f wheat now growing on the said plantation. I give unto 
him for services rendered since he has been his own man and they are not to be 
taken into consideration in the general distribution of the remainder of the 
estate after the death of my widow and as I have a desire to treat all my 
children as near alike as possible and render them equal justice it is my will 
and desire that each and every one of them that may live to the age of 
maturity or in case of they should marry before they arrive at such age shall 
be furnished with one hundred dollars worth of such property as they may need 
and in case they may not all have received the above named one hundred dollars 
worth of property before the death of my widow, ****** ****** *****furnish 
them with the above named amount of such things as they may want at a fair 
valuation before they proceed to dispose of what may be remaining of my estate 
at the death of my widow and after her death it is my will and desire that the 
remainder of all my estate both real and personal be equally divided between 
all our children that may be living at the death of their mother and in case 
any of them should die before their mother leaving bodily heirs the said heirs 
are to draw their parents part, in case my widow should die before the 
children had all arrived at lawful age and they would wish to keep house and 
remain together awhile longer they may do so as long as a majority of those of 
age and the guardian of the underage children shall consider advisable to do 
so, whenever they do break up as a family and proceed to divide they can do so 
by selling every thing at public sale and dividing the money or by getting 
some disinterested man to divide and value the property. 
As for my interest in the store in Iredell County, it is my will and desire 
that Jacob Fraley the surviving partner have twelve months after my death to 
collect and settle the debts of the firm during which time he is at liberty to 
buy, sell, trade and traffick at his own discretion as heretofore, at the end 
of the said twelve months I wish my Exr. to go to inquire into the condition. 
The receipts and expenditures, the crop and profit of said store and if they 
should come to the conclusion that it would be better to continue the business 
awhile longer they are at liberty to do so, if they should come to the 
conclusion that it was not profitable and better be closed then said Jacob 
Fraley is to have twelve months longer to wind up the business, to sell and 
dispose of all belonging to the firm both real and personal still using his 
own judgement in purchasing such new goods as he can sell to advantage during 
the above named twelve months and if this said Jacob Fraley shall not be able 
to dispose of all the property real and personal belonging to the firm during 
the above named twelve months, upon such terms as he **** find reasonable, 
the  *** ***** be sold at public auction for what it will bring. Should the 
said Jacob Fraley want to remain there and become the sole proprietor of the 
property my Exr.s are at liberty to sell him my interest in the lands, store, 
store goods, stock, crop, provisions, house and kitchen furniture and should 
they not be able to agree upon prices, they are to call upon two pr three 
honest and disinterested persons to value the same and if the said Jacob 
Fraley shall take it he is to have two years to pay it in.
Should any of our children marry and go to housekeeping and need to move there 
the one hundred dollars worth of property named above my wodow is at liberty 
to furnish them such additional things as they pray need at a fair valuation, 
provided the conditionss of the estate would justify her in so doing. all are 
to be made equal before the general distribution of the estate after the death 
of my widow. Leastly I do hereby appoint and ordain my beloved son Montfort 
Stokes Fraley and my beloved nephew W. R. Fraley as the sole executors of this 
my Last Will and Testament. In writing whereof I have here unto set my hand 
and seal this 31st March 1849

                                (signed)  Jno. Fraley

Additional Comments:
Original Wills  1743-1900 Cowan, Isaac-Hill, John L.
Microfilm 
Rowan CO. Library  Salisbury,NC.

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