UNION COUNTY, NC - WILLS - Andrew Secrest Will - 1858 ************************************************************** 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: Pat Deese pedeese@ix.netcom.com *************************************************************** Last Will and Testament of Andrew Secrest STATE OF NORTH CAROLINA UNION COUNTY. IN THE NAME OF GOD AMEN, I ANDREW SECREST OF THE COUNTY AND STATE AFORESAID, CALLING TO MIND THE FRAILTY OF MY BODY THE CERTAINTY OF DEATH AND THE UNCERTAINTY OF LIFE AND BEING BLESSED WITH A SOUND MIND AND DIPSOSING MEMORY DO HEREBY MAKE, PUBLICK AND DECALRE THIS TO BE MY WILL AND TESTAMENT, HEREBY REVOKING & MAKING NULL & VOID ALL PROMISE WILLS BY ME HERETOFORE MADE. AND FIRST OF ALL AFTER MY DEATH I DESIRE MY BODY TO BE BURIED IN A DECENT AND CHRISTIAN MANNER, SUITABLE TO THE WISHES OF MY FAMILY & FRIENDS, MY IMMORTAL BEING I COMMEND TO GOD WHO GAVE IT, AND SUCH ESTATE AND WORLDLY GOODS AS IT HAS PLEASED GOD TO BLESS ME WITH I WILL AND BEQUEATH AS FOLLOWS TO WIT. 1ST. I WILL AND BEQUEATH TO MY BELOVED WIFE MARY ALL MY LANDS WHICH I NOW OWN, AND WHEREAS I NOW LIVE IN ALL ABOUT TWO HUNDRED AND THIRTEEN OR FOURTEEN ACRES TO BE HERS DURING HER NATURAL LIFE. ITEM 2. I WILL AND BEQUEATH TO MY WIFE ALL MY STOCK OF CATTLE, HOGS, HORSES, TO BE HER’S ABSOLUTLEY AND TO DO WITH AS SHE PLEASES. ITEM 3. I WILL AND BEQUEATH TO MY WIFE ALL MY HOUSEHOLD AND KITCHEN FURNITURE, AND ALL MY PLANTATION TOOLS AND FARMING UTENSILS, ALSO MY WAGON & BUGGY & THE THE HARNESS FOR ECH TO BE HERS FINALLY AND ABSOLUTELY. ITEM 4. I WILL AND BEQUEATH TO MY WIFE ALL THE GROWING CRIP OF CORN, COTTON, WHEAT, OATS, POTATOES OR ANY OTHER GROWING CROP THAT MAY BE ON HAND AT MY DEATH, AND I DESIRE MY WIFE TO HAVE ALL THE CORN, WHEAT, BACON, FLOUR, OR NAY OTHER ARTICLE OF PROVISIONS OF FOOD, WHICH MAY BE ON HAND AT MY DEATH, FOR EITHER "MAN OR BEAST" OR IT THERE IS ANY COTTON PICKED OUT AND NOT SOLD, I WANT HER TO HAVE IT. ITEM 5. I WILL AND BEQUEATH TO MY WIFE TWO NEGRO SLAVES GREEN & MARY TO BE HERS FINALLY AND ABSO;ITELY TO DO WITH AS SHE PLEASES PROVIDED SHE DOES NOT MARRY AGAIN, AND IN THE EVEN OF SHE DOES MAEEY ANOTHER THEN MY WILL IS THAT THOSE TWO NEGROES AND THE INCREASE OF THEM (IF ANY) TO FALL BACK OR DESCEND TO MY CHILDREN AND TO BE EQUALLY DIVIDED BETWEEN THEM OR THEIR LAWFUL REPRESENTATIVES, AND FOR THE DIVISION TO BE MAKE ‘PER STIRPES". ITEM 6. AFTER THE DEATH OF MY WIFE THE OLD PLANTATION OF ABOUT ONE HUNDRED AND FIFTY FIVE ACRES I GIVE TO MY GRANDSON, FRANKLIN L ROGERS, TO HIM AND HIS HEIRS FOREVER. ITEM 7. THE SAM BLACK PLACE OF ABOUT FIFTY-FIVE ACRES, AFTER THE DEATH OF MY WIFE, I GIVE AND BEQUEATH TO MY WIFE’S GRANDCHILD, A SON OF ELIZABETH OSBORN, A BOY BY THE NAME OF "JOHN C. Calhoun" OSBORN. ITEM 8. I WILL AND BEQUEATH TO MY SON JACOB SECREST, A NEGRO BOY BY THE NAME OF SILAS AND FO RTHAT TO BE THE SHARE AND NO MORE OF MY PROPERTY. ITEM 9. AFTER MY DEATH I DESIRE MY EXECUTOR HENCEINAFTER APPOINTED TO SELL A NEGRO GILE BU THE NAME OF MISSOURIA, AND OUT OF TH EPROCEEDS OF THE SALE OF THE GIRL TO PAY OVER TO MY SON SAMUEL T. SECREST ONE HUNDRED DOLLAS AS A BEQUEST TO HIM FROM ME, AND FOR THAT AMOUNT OF ONE HUNDRED DOLLARS AND THE INTEREST THEREON FROM THE MATURITY OF THE SALE OF THE SAID NEGRO GIRL I DESIRE MY EXECUTOR TO PAY OVER TO MY SON EPHRAIM SECREST DEDUCTING THEREFROM COMMISSION FOR SELLING AND COLLECTING. I MEAN THE EXPENSES ON THIS ONE NEGRO, FO RTHAT TO BE THE FULL SHARE OF MY ESTATE. ITEM 10. O WISH MY EXECUTOE TO SELL MY NEGRO WOMAN CINDA, AND HER YOUNGEST CHILD NOT YET NAMED BUT IS ABOUT A WEEK OLD AT THIS TIME, AND AFTER PAYING ALL MY DEBTS, AND THE EXPENSES OF ADMINISTERING THIS WILL AND SETTLING UP THE BUSINESS OF MY ESTATE, THE BALANCE OF TH PROCEEDS ARRIVING FROM THE SALE OF CINDA AND HER CHILD, TO BE EQUALLY DIVIDED BETWEEN MY DAUGHTERS, NANCY RICH, LEAH LANEY, TILLITHA TOBERLIN, AND TIBITHA HOWELL AND THE CHILDREN OF MY DAUGHTER REBECCA LEMMOND - THE DIVISION TO BE MADE ‘PER STOPIES’. ITME 11. I WILL AND BEQUEATH TO MY SON ABRAM J SECREST FIVE DOLLARS AND NO MORE. ITEM 12. MY EXECUTOR HEREINAFTER APPOINTED I WISH TO USE HIS OWN DISCRETION AS TO THE LENGTH OF CREDIT HE WILL SELL THOSE NEGROES ON , THE TIME AND PLACE OF THE SALE, AND WITH OR WITHOUT INTEREST AS HE MAY THINK BEST. ITEM 13. SHOULD ANY ARTICLE OF PROPERTY BE OMITTED AND NOT HEREIN DISPOSED OF, IT IS HEREBY GIVEN TO MY WIFE TO BE HERS ABSOLUTELY. LASTLY, I HEREBY APPOINT MY FRIEND D. A. COUSINTON EXECUTOR TO THIS MY LAST WILL AND TESTAMONY, AS PARTICULARLY REQUEST HIM TO ACT AS SUCH. SIGNED SEALED, PUBLISHED AND NAMED TO BE THE LAST WILL AND TESTAMENT OF THE WHO HAS SIGNED IT IN OUR PRESENCE AND HAVE REQUESTED US TO WITNESS THIS SAME, HOW IN THE PRESENCE OF TESTATOR AND IN THE PRESENCE OF EACH OTHER HAVE HEREUNTO SUBSCRIBED OUR NAMES AS WITNESSES THIS THE 6TH DAY OF SEPTEMBER A.D. 1858 ANDREW SECREST JOHN W. HELMS J. C. WILLIAMS THIS WILL IS IN THE UNION COUNTY COURTHOUSE, BOOK 1 PAGE 157