Wake County NcArchives Wills.....Powell, Jesse 1842
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Source: Nc Reports
Written: 1842

I, Jesse Powell, of the County of Wake and State of North Carolina, do make 
and publish as my last will and testament as follows, viz:

1st: It is my will and desire that my executors hereafter named dispose of 
such of my property at public sale, real or personal, as they may think best 
for the interest of my estate, for the purpose of raising money sufficient to 
pay my debts.

2nd: I give unto my son, John D. Powell, two negro men by name Alfred and 
Moses valued at eight hundred dollars each; a woman by name Rachel and her two 
children by name Ellen and Sidney valued at twelve hundred dollars and their 
increase from the time I put them in his possession to him and his heirs 
forever. Also other property to the amount of five hundred and seven dollars 
all of which will fully appear by reference to my guardian book. All of which 
said property hereby given has by him been received and in his possession.

3rd: I give unto my daughter Rebecca A. Hilliard, one negro man by name Henry 
valued at eight hundred dollars; one girl by name Ellen valued at six hundred 
dollars; a woman by name Cloe and her three children by name Lipsia, Ailsey, 
and Jane valued at fourteen hundred and fifty-nine dollars and their increase 
from the time of their delivery to my said daughter Rebecca. Also other 
property to the amount of two hundred and fifty-five dollars, all of which 
will fully appear by reference to my guardian book, which will show the 
amount. All of which said property hereby given has been put in her 
possession, I give to her and her heirs forever.

4th: After the payment of my debts as aforesaid, whatever of my estate may 
remain, either real or personal except the property already advanced to my son 
John and daughter Rebecca, I wish kept together and managed by my executors, 
as they may think best for the maintenance of my wife and unmarried children. 
I also wish my wife and children who are under age or unmarried should live 
together and be supported out of the property and at the discretion of my 
executors and my children to be educated out of the proceeds of the estate in 
hand with an education, at least, equal to those that I have already educated, 
without an extra charge.

5th: My wish is, when one of my children marries or arrives to a lawful age, 
that my personal estate be divided into one share more than there are 
children, who have not received their portion of my estate, by five discreet 
persons to be appointed for that purpose by the County Court, any three of 
which to act the same, as if all five were present; and my wife to take her 
first choice of lots, and then one share to be divided out and given to him or 
her, for whom divided; the remainder to be kept together until another arrives 
at age or marries, and the same proceedings to be had in every case, as they 
respectively arrive at age or marry. I further wish my wife to have her share 
out of my estate at any time she may see proper to desire it.

6th: In case my wife should think proper to marry, I desire that she be 
allowed one third of my real estate, if not previously sold by my executors, 
during her life, and the balance of my estate of every description, (the land 
excepted) then on hand, to be divided between her and all of my children, who 
have not been provided for. Also after her marriage, for my children to remain 
with her, and their respective portions of my estate also, or otherwise to be 
removed into the hands of a guardian, as my executors may see proper and most 
advisable for the interest of my children.

7th: At the death of my wife, should any land remain unsold, I desire that my 
executors should expose it at public sale, giving one or two years credit with 
interest from the date of sale; and the proceeds arising therefrom to be 
equally divided between all of my children, or their lawful representatives. 
Also, every species of property, except the negroes, which may remain 
belonging to my estate not before disposed of I desire to be sold and an equal 
division of the proceeds thereof to be equally made between all of my children 
aforesaid, or their lawful representatives.

8th: Now I wish this my last will to be understood, that on a final division 
of my estate of every denomination whatever, my children be made equal heirs, 
share and share alike; and as John and Rebecca have had about sixty dollars 
each advanced to them, that is not before mentioned in this will, I wish that 
each of my younger children to have sixty dollars allowed to them extra, in 
the price of a horse, valued to them as in money; and if I should advance any 
of my children any property or money, after the date of this will, I shall 
charge it to them in my guardian book; which I wish them to be charged with on 
a settlement of my estate.

9th: I nominate and appoint my wife Mildred A. T. Powell executrix and my son 
John D. Powell and my friend John Ligon executors to this my last will and 
testament, revoking all former wills by me made.

In Witness whereof, I the said Jesse Powell have hereunto set my hand and seal 
this 12th day of February, in the year of out Lord A.D. 1842. All corrections 
made before assigned.

Additional Comments:
Source:
NC Supreme Court 
Thomas B. Powell et al v. Mildred A. T. Powell
June Term, 1849
http://files.usgwarchives.net/nc/wake/court/mildreda1290wl.txt

File at: http://files.usgwarchives.net/nc/wake/wills/powell1291wl.txt

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