Wake County, NC - Mark Myatt Will

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Will of Mark Myatt
Written October 15, 1821.  Filed for probate 1821 --- Wake Co. Clerk of Court 
Book 17, page 227, file #472

	In the name of God, Amen, I, MARK MYATT, of the County of Wake in the 
State of North Carolina, being of sound mind and perfect memory, do make and 
ordain this instrument to be my last Will and Testament in manner following, 
to wit:  
	Item 1 - I lend to my beloved wife, MARY MYATT, during her natural 
life, the tract of land whereon I now live containing fourteen hundred and 
fifty six acres, it being the third number in a plat now in my possession 
bearing date the thirteenth day of November one thousand eight hundred and 
four.  Also all my negros and household and kitchen furniture and all my 
living stock of every sort and kind except the specified articles which I 
shall mention in a latter clause of the will for payment of my just debts that 
I have.  The article mentioned in said latter clause not be sufficient for 
payment of debts, then such of said stock as my wife should choose to give up 
sufficient to make up that deficiency must be sold for that purpose.
	Item 2 -  After my wife dec'd, I give and bequeth to my son, ACRIL 
MYATT, one Negro man named Sam and one Negro woman named Chocolate, to him 
and his heirs and assigns forever.
	Item 3 - After my wife dec'd, I give to my son ALDRIDGE MYATT, one 
Negro man named Bob, to him his heirs and assigns forever.
	Item 4 - At my wife deceased, I give unto my three grandchildren, 
namely, MARK ALVAS, JOHN HENRY and MARY JANE MYATT, heirs of ALVIN MYATT, 
dec'd, to them their heirs and assigns forever the tract of land I loaned to
my wife.  At my wife dec'd, my will and desire is that the said land be rented 
out until the youngest child becomes of lawful age or marries.  Then the said 
land profits arising from said rents to be equally divided between the above 
named children, survivor or survivors of them.
	Item 5 - I give to my daughter CANDIS PARTIN, one Negro woman named 
Morning with all her former and future increase which said Negro are in 
possession of her, the said Candis, to her heirs and assigns forever.
	Item 6 - I give to my grandson, GABRIEL MYATT, part of the tract of 
land whereon James Fish now lives, it being the fourth number in the plat 
above mentioned.  Beginning at a black gum in Black Creek, Aldridge Myatts 
corner, thence up the meanders of said Creek to the mouth of Steep Hill 
Branch, thence up the meanders of said Branch to the first fork above the 
old Buckhorn Road, thence a north course to the back line, thence East to 
the Spring Branch, thence down the meanders of said branch to a poplar corner 
intended for a boundary of the land above given to the heirs of Alvin Myatt, 
deceased, thence with said land south to the first station containing by an 
estimation two hundred acres and two hundred and forty dollars in lieu of a 
Negro child I had formerly mentioned to give to him.  Also one feather bed 
and furniture, two cows, and one colt, about eight months old now.  The said 
land, bed and furniture, and colt to be delivered to him when he arrives to 
the age of twenty one.  The balance of his to be delivered at the deceased of 
my wife to him his heirs and assigns forever.
	Item 7 - I lend to my daughter, CHINA FISH, during her natural life 
the remainder of the above land, number four in the plat, whereon James Fish 
now lives.  After my wife's deceased, I lend to my said daughter, China, one 
negro woman named Hannah and her two children, Pompy and James.  After the 
death of my said daughter, China, I give the land and negros and all their 
future increase to be eaqually divided between the heirs and assigns forever.  
Also at my wife's death, I give to the said Chiny Fish one feather bed and 
furniture.
	Item 8 -  I lend to my daughter, CYRENA WHITTAKER, one tract of land 
whereon she now lives containing one thousand four hundred and fifty two acres, 
being the fifth number in the afforesaid plat and bounded thereby.  Also after 
my wife's deceased, I lend to the said Cyrena one Negro woman named Edith and 
three children, namely, Horris, Sam, and Ben.  I give to my daughter Cyrena 
Whittaker, one feather bed and furniture.  Also after my wife's deceased, I 
give to her two hundred and forty dollars in lieu of one Negro child I had 
intended lending.  At her death, I give the above described land and Negros 
and the future increase to be equally divided between the heirs of her body 
lawfully begotten, to them their heirs and assigns forever.
	Item 9 - I give to my daughter, CZANIA SHAW, one Negro woman named 
Anaca and her increase which Negro is now in her possession, and at my wife's 
deceased one feather bed and furniture and one set of silver tablespoons to 
her, her heirs and assigns forever.
	Item 10 - I lend my sett Black Smiths tolls and two (shares?) which I 
hold in the State Bank in Raleigh and all the rest of my estate that are not 
heretofore given or loaned in this Will wherever found to be sold to pay my 
just debts.  And if the afforesaid articles should not be sufficient to pay 
said debts that as much of the stock agreeable to the first item of this Will 
be sold and applied to that use.
	Item 11 - And further, my will is that after the deceased of my wife 
wll the personal estate lent to her that is not otherwise given away and the 
personal estate lent to her that is not otherwise given away and the overage, 
if any, in the hands of the executors after paying the debts, be applied to 
the payment of the two (minored?) legacys mentioned in this Will.  Then if any 
be left in the hands of the Executors, be equally divided between all my 
aforesaid sons and daughters and the three heirs affore mentioned of Alvin 
Myatt, dec'd, the said three heirs to receive and eleventh part to be equally 
divided between them.
	And lastly, I nominate and appoint my sincere friend, Agustus T. 
Turner, and my son, Aldridge Myatt, executor to this my las Will and Testament.
	Inwitness whereof I have hereunto set my hand and affixed by seal 
this 15 day of October 1821----------------------Mark Myatt-------seal
Signed, sealed, pronounced, and declared in the presents of:
Alex Myatt McCullers
Peter Porter
Martin Nale
The above last Will and Testament was exhibited into open court for probate 
and was approved by the oaths of Alan Myatt McCullers, James Adams, Peter 
Porter and Martin Nale 
Returned and ordered to be recorede.  B.G. King, CC

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