Stokes-Surry County NcArchives Wills.....Tuttle, John September 7, 1839 ************************************************ 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: Keith Redmon kredmon@triad.rr.com March 9, 2008, 2:11 pm Source: Copy Of Original From Nc Archives Written: September 7, 1839 In the name of God Amen... I John Tuttle of the county of Stokes and the State of North Carolina, being in perfect health, mind, and memory., but calling to mind the uncertainty of life, and knowing that it is appointed unto all men once to die, do make, publish, and declare this to the my last will and testament. First and principally, of all I recommend my soul into the hands of Almighty God, and my body to the earth to be buried in decent Christian burial, and as touching such worldly estate as it that please God to bless me with, it is my will and desire, that my funeral expenses and all my just debts be paid by my executors, as soon as convenient after my dissolution. And as touching the residue(?) of my estate, I desire and bequeath it in the following manner (to wit): I hereby give and bequeath unto my beloved wife Barbara, for and during her natural life or widdow hood, all my lands and negroes, and all my stock of horses, cattle, and hogs, also all my house hold and kitchen furniture together, with every other article of property of whatever name or description that I may (not legible) of except such as is herin after disposed of otherwise. I also give unto my said wife Barbara, all the crops and provisions that may be on hand at the time of my discease, to be at her use and disposal forever also all debts due my estate, except those owing from my children; it is my will and desire that said debts be collected by my executors herein after named and that my said wife have the money when collected; And all debts, due from my children it is my will and desire, that they have their own choice either to pay said debts into the hands of my executors, immediately after my discease or the said amounts from my said children be retained by my execetors out of their respective shares at the final distribution of my estate. It is also my will and desire that my said wife Barbara, have the liberty of selecting from among my negros such as she may be disposed to keep for and during her natural life or widdow hood as above named, also such property as she may not want, it is my desire that the same be expose(d) to public sale by my executors upon such terms as to them may seem more advantageous, I wish it to be understood that my said wife have her own time to make her selection in that is to say one, two, three, or four, years or longer as she may think proper. It is my will and desire that immediately after the disolution of my said wife Barbara, that my executors expose to public sale to the highest bidder all my land, negroes, and other property that may be found belonging to my estate, upon such terms and in such quantities, as to them may appear best. And the money arising from said sale to be equally divided between all my children, (to wit): the heirs of my son Thomas Tuttle dec'd, to have one share, to be equally divided between them share and share alike Michael Tuttle, Elizabeth Boles, Mary Gordon, and the heirs of my daughters Anna Ebbert to have one share to be equally divided among them share and share alike, Henry Tuttle, John Tuttle Jr., William Tuttle, Peter Tuttle, James Tuttle, Elijah Tuttle, and Sally Eason, to have each one share, and should my said wife refuse to keep all my estate, during her natural life or widdow hood: and my executor make sale and sell as above directed, the money when collected is to be equally divided in manner and form as above directed. And should any of the heirs of my son Thomas Tuttle dec'd or any of the heirs of my daughter Anna Ebbert dec'd be under the age of twenty one years, it is then my will and desire that my executors retain their respective share or shares in their hands until they arrive at the age above mentioned but to pay no interest on the money whatever. And I hereby constitute, nominate and appoint my said wife Barbara Tuttle and my two sons, Henry Tuttle and William Tuttle, Executrix and Executors of this my last will and testament, in testimony whereof I hereunto set my hand and of my seal this seventh day of September Anno Domini 1839. John Tuttle (seal) Signed, sealed and acknowledged in the presence of S. Bolejack. This information was taken from records obtained at the NC State Archives. Exhibit A I John Tuttle of the county of Stokes and the state of North Carolina, being in perfect health and memory, but calling to mind the uncertainty of life, and knowing that it is appointed unto all men once to die, do make publish and declare this to be my last will and testament. First and principally of all I recommend my soul into the hand of Almighty God and my body to the Earth to be buried in decent Christian Burial and as touching such worldly estate as it has pleased God to bless me with, it is my will and desire that my funeral expenses and all my just debts be paid by my executors as soon as convenient after my desolution, and as touching the residue of my estate, I desire and bequeath it in the following manner (to wit): I hereby give and bequeath unto my beloved wife Barbara for an during her natural life or widowhood all my lands and negroes, and all my stock of cattle hogs and horses – also all my household and kitchen furniture together with every other article of property of whatever name or description, that I may die (?) prospered of, except such as is herein after disposed of otherwise. I also give unto my said wife Barbara all the crop and provisions that may be on hand at the time of my decease to be at her use and disposal forever . Also all debts ___ my estate except those owing from my children, it is my will and desire that said debts be collected by my executors herein after named, and that my said wife have the money when collected and all debts due from my children it is my will and desire that they have their own choice either to pay said debts into the hands of my executors immediately after my decease or that said amounts due from my said children be retained by my executors out of their respective shares as the final distribution of my estate. It is also my will and desire that my said wife Barbara have the liberty of selecting from among my negroes such as she may be disposed to keep for and during her natural life or widowhood as above named. Also such other property as she may want for her own use and those negroes, that she may refused to keep, and all such property as she may not want, it is my desire that the same be exposed to public sale by my executors upon such terms as to them may seem most advantageous. I wish it to be understood that my said wife have her own time to make her selections in that is to say one, two, three or four years or longer if she may think proper. It is my will and desire that immediately after the desolution of my said wife Barbara, that my executors expose to public sale to the highest bidder all my land negroes and other property that may be found belonging to my estate upon such terms and in such quantities as to them may appear best. And the money arising from said sale to be equally divided between them all my children (to wit). The heirs of my son Thomas Tuttle dec’d to have one share to be equally divided between them share and share alike, Michael Tuttle, Elizabeth Boles, Mary Gordon and the heirs of my daughter Anna Ebbert to have one share to be equally divided among them share and share alike, Henry Tuttle, John Tuttle, William Tuttle, Peter Tuttle, James Tuttle, Elijah Tuttle and Sally Eason to have each one share and should my said wife refuse to keep all my estate during her natural life or widowhood and my executors make sale and sell as above directed, the money when collected is to be equally divided in manner and form as above divided and should any of the heirs of my son Thomas Tuttle d’cesd or any of the heirs of my daughter Anna Ebbert deceased be under the age of twentyone years, it is then my will and desire that my executors retain their respective share or shares in their hands until they arrive at the age above mentioned but to pay no interest on the money whatever. And I hereby constitute nominate and appoint my said wife Barbara Tuttle and my two sons Henry Tuttle and William Tuttle executrix and executors of this my last will and testament. On testimony where of I hereunto set my hand and affix my seal, this 7th Septr 1839. Atest S. Bolejack John Tuttle (Seal) Additional Comments: Transcribed as near as possible to the original spelling, etc. File at: http://files.usgwarchives.net/nc/stokes/wills/tuttle387nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 9.2 Kb