STANLY COUNTY, NC - Wills - Eli B. Hunnycutt - 1857 ************************************************************** 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: Cathy Cranford pastseeker@nc.rr.com *************************************************************** Eli B. Hunnycutt’s Will State of North Carolina Stanly County I, Eli B. Hunnycutt of the County of Stanly and State of North Carolina being of sound mind & memory but considering the uncertainty of my existence do make and declare this my last will and testament in manner and form following that is to say: First that my executors hereinafter named shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my just debts himsoever and to whomsoever owing out of the moneys that may first come into their hands as a tract or parcel of my estate. Item, I give and devise to my son Joseph K. all the land on the north side of Rock hole creek belonging to me at this time. Item, I give and devise to my son Eli James Monroe, the land which he now lives on at this time one hundred acres of land more or less commencing at a oak at the creek out side of the fields some forty or fifty yards down below the spring at the lower end of his clearing thence running up the ridge to a hog fence and from there to a sassafras corner on the outside line. Item, I give and devise to my beloved wife Leah and James Madison all the balance of my land which I now live on at this time and also all the land belonging to me at this time which I have not willed or discharged of in any other way my beloved wife and James Madison is to live together on the said land so long as she lives or remains a widow and keeps my name but if she leaves the said land and goes any where else or if she marries, the said land all is to belong to the said James Madison or if she offers to sell or leave or hire the said land to any other person on then and in that case the said land is all to belong to my son James Madison. Item, I will and bequeath to my beloved wife Leah eighty dollars which B.L. Green is due me and one cow and calf her choice. Item I give and bequeath to my beloved wife Leah on sorrel mare name Beck supposed to be six years old, but she is not to trade the said mare and if she marries the said mare is to belong to Elizabeth, and also the said mare is to be left in the care of Joseph K. and Madison so long as they and their mother lives together but if their mother needs the mare on any particular occasion she is to have her so long as she lives and keeps my name if the said mare then be living. Item, I give to my beloved wife Leah on sidesaddle and bridle to be hers absolutely. Item, I give and bequeath to my beloved wife, Leah two beds & ? & furniture to do with them as she sees proper. Item, I give and bequeath to my two sons, Joseph K. and James Madison one four horse wagon and gears and harness and saddle. I want Joseph K. and Eli James Monroe to maintain Elizabeth so long as she remains infirm and remains single & in the same situation she is in now. Item, I give and bequeath to my son, James Madison all my blacksmith tools to be put up in a shop here and to be his own property but he must not sell them and also if any of my sons wants to come here and work in the shop with said tools they are welcome. Item, I give and bequeath to my son Andrew one dollar to be paid by my executors within two years after my decease and I do think that will make him equal with the balance of the children. Item, I give and bequeath to the use of my family all the bacon on hand which belongs to me and all the wheat on hand which belongs to me and all the corn on hand which belongs to me I want these articles to go to the use of the family which is now a living with at this time for their support and also I want them to have fifteen head of hogs their choice to make them meat for another year. I want the thresher and the windmill to stay in my barn and to belong to my two sons, Joseph K. and James Madison and the cutting box also to belong to my two sons Joseph K. and James Madison. My will and desire is that all the residue of my estate if any after taking out the devises and legacies above mentioned shall be sold and the debts owing to me collected and if there should be any surplus over and above the payment of debts, expenses and legacies that such surplus shall be equally divided between my beloved wife Leah and my daughters Elizabeth and Mary and Sally and Susanna & Martha and Leah & Malinda and Lastly Carolina. I hereby constitute and appoint my trusty friends Joseph K and James Madison my lawful executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby evoking and declaring utterly void all other wills and testaments by me heretofore make in witness whereof I the said Eli B. Hunnycutt do hereunto set my hand and seal this the 26th day of April A.D. 1856. Signed, sealed published and declared by the said Eli B. Hunnycutt to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto. Eli B. Hunnycutt (x) his mark (seal) Matthias Furr, Aaron Hartsell North Carolina Stanly County February 1857 This the foregoing last will & testament of Eli B. Hunnycutt was produced in open court and offered for probate and the executors thereof duly proved on the oath of Matthias Furr and Aaron Hartsell the subscribing witnesses thereto where upon Joseph K. and James Madison Hunnycutt the executors therein named was duly sworn as such and letters testamentary opened to them and the said last will and testament was ordered to be recorded & filed. R. Harris