UNION COUNTY, NC - WILLS - Mary Winchester - 1855 ************************************************************** 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: Barbara Roesch pdeese@ixnetcom.cm *************************************************************** Will of Mary Winchester I Mary Winchester of the County of Union and State of North Carolina being of sound mind and memry but considering the uncertainty of my earthly existence do make and publish this my last will and testiment 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 howsoever and to whomsoever owing out of the moneys that my first come into his hands as a part or parcel of my estate. Item 1st: I give and devise to my young grand daughter MARY E HUDSON fifteen dollars to be paid by my executors. Item 2nd I give and devise to my daughter LOAH SMITH wife of JAMES D SMITH and her bodily heirs one negro man named Abram and his wife Suffey his wife and their youngest child named Clarry with their increase. Item 3rd I give and devise to my youngest daughter MARY R and her bodily heirs one negro boy named Bob and one negro girl named Emelia and his increase. I also give to my said daughter MARY R three hundred dollars in cash three beds bedsteads and furniture hur choice my cubbord beauro largest Table and largest looking glafs out large Black Chest and contents our Set of Chairs the trunk she now claims as her own two cows and calves hur choice also the furniture it is understood in the family she claims to have and to hold ____(?) Item 4th I give and devise to my youngest son JOHN R two young Mules one four years old not the other two years old one Road waggon and graving (?) our Set blacksmith tools, Thrasher and mining works all the farming tools our cow and calf two beds bedsteds and furniture to have to to hold to him the said JOHN R WINCHESTER forever. Item 5th I give and devise to my two daughters LOAH SMITH wife of JAMES D SMITH and MARY R all my bed furniture not disposed of in other Items of this my will to be equally devided between them also my cubbord ware to be equally divid between the affor named daughters. Item 6th My will and desire is that all the residue of my estate if any after taking out ht devises and legacies above mentioned shall be sold and the debtsowning to me collected and if there should be any overplufs over and above the payments of debts, expenses and lagacies that such surplufs shall be equally divided between my three sons namely THOMAS D., JOSIAH and JOHN R in equal proportion share and share alike to them and each and ever of them then executors Administrators and afsigns absolutely forever. And lastly I do hereby constitute and appoint my son JOHN R WINCHESTER and GEORGE A WINCHESTER 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 revoking and declaiming utterly void all other wills by me hartofor made in witness whereof I the said MARY WINCHESTER do hereunto set my hand and seal this 24th day of July 1855. Signed sealed published and delivered by the said Mary Winchester to be her last will and testament in the presents of us who at her request and in her presents do subscribe our names as witnefsses theretoo. Mary Winchester (X) her mark. J Gordon G A Winchester Whereas I MARY WINCHESTER having made my last will and testament in writing bearing date the 24th July A.D. 1855 and having thereby made sundry devises and bequests according to then existing circumstances of my estate but which circumstances having now materially changed I dow by this writing which I hereby declair to be a codisil to my said will be taken and construed as a part thereof will and direct that the sum of seven hundred dollars be paid to my youngest daughter MARY R WINCHESTER it being the amount for which I sold a negro girl named Emilia. I do hereby give and devise to my said daughter MARY R W a negro girl named Clary with her increase to have and hold to hur and hur heirs in fee simple forever which girl was given to my daughters LOAH SMITH in a clause of this my will. I do hereby give and devise to my daughters LOAH SMITH a negro child named Ann in the ________ of the above named Clary as directed in a preciding clause of this my will to have and to hold to hur and hur heirs in fee simple forever. I will and devise to my youngest son (s??) JOHN R WINCHESTER the sum of one hundred and fifteen dollars it being the price of a mule which I have sold since the writing of this my will and testament whereof I hereunto set my hand and seal this the 19th January 1856. JOHN GORDON Mary Winchester (X) Her Mark G A WINCHESTER April Term 1856 Then the executors of this Instrument of writing the last Will and Testament _______ MARY WINCHESTER dc’d duly provide in open court by G A WINCHESTER and JOHN GORDON & Geroge A Winchester & John H WINCHESTER duly sworn to execute the same ordered to be Recorded. WM STEWART (?) Cbl