WAKE COUNTY, NC - WILLS - Benjamin Rogers, 12 Oct 1860
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The Will of Benjamin Rogers:
I Benjamin Rogers, of the County of Wake and State of North Carolina being of 
sound mind and memory, but considering the uncertainty of my earthly existance 
[sic], do make and declare this my last will and Testament in manner and form 
following. That is to say.

First.		That my Executors (hereafter named) shall provide for my body 
a decent burial, suitable to the wishes of my relations and friends and pay 
all funeral expenses, togeather [sic] with my just debts however and to 
whomsoever owing, but of the monies that may first come into their hands as a 
part or parcel of my Estate, and if the money in hand togeather [sic] with 
that due me in this State and the State of Tennessee be insufficient for the 
aforesaid purposes, I wish my Executors, hereafter named, in consultation with 
my wife and children to make all needful arrangements, so as to provide for 
the payment of all just debts against my Estate.

Item 2. 	I give and devise to my beloved wife Ann D. Rogers the tract 
of land where I now live containing one hundred & ten acres & all the 
improvements & appeurtenances [sic] thereunto belonging, to have and to hold 
to her the said Ann D Rogers, for and during the term of her natural life & 
then to return to my Estate in satisfaction for and in lieu of her Dower & in 
thirds of & in all my real Estate; with the understanding that only so much of 
the said tract of land shall be cut down for purposes of cultivation as my be 
necessary for the employment of one good farm horse and that four or five 
acres west of my house shall be left for a grove and all the clearing up of 
woods for farming purposes shall be on the south side of the ridge path 
leading from my residence to James Woods, except to procure fire wood and 
timber to keep houses and fences in repair, also with the additional 
understanding that she shall at her own expense endeavour [sic] to improve the 
tendable land & keep the fences and houses on the premeses [sic} in good 
condition. 
		Also I give & bequeath to my said wife Ann D. Rogers to have & 
to hold absolutely & to dispose of as she may think proper the following 
property (to wit) all the household & kitchen furniture which came by her, one 
barouch and harness, a match of horses or mules as she may prefer & two 
hundred dollars to be paid out of my estate, also all the money due her as a 
Legatee out of the Estate of her Father, now in the hands of her Brother 
Robert G. Jeffreys, Administrator of her Father's Estate and as many milk cows 
& other stock as my Executors may think necessary for her proper maintenance.

Item 3. 	I lend to my wife Ann D. Rogers for the space of four years 
after my decease, a man, woman or girl as she may think proper to select of 
the family of negroes which came by her and at the expiration of the four 
years the negro thus selected, if a man, is to be equally divided as follows, 
that is one half I give to my said wife absolutely, the other half to my 
children or their lawful representatives, & by them to be equally divided; but 
if a girl or woman be selected by my wife & during the four years there be any 
increase I desire the negro with its increase if any be equally divided 
between the aforesaid parties as above directed in this 3rd Item of this my 
will, & the ballance [sic] of the negroes which came by my wife togeather 
[sic] with their increase of which I may die seized & possessed of, I give one 
half thereof absolutely to my wife and the other half to my children or their 
lawful representatives. And in order that the division between the two parties 
be fairly made I desire that each of the negroes with their increase exclusive 
of the one loaned to my wife during the space of four years, be valued by 
disinterested persons chosen for that purpose & that my wife shall have the 
liberty to choose out of said lot of negroes such one as she may desire to 
have, & receive them at their respective evaluation untill [sic] she shall 
have obtained one half of the aggregate valuation of all of said negroes; or 
my wife & children or their lawful representatives, provided they may agree, 
may divide the said negroes otherwise, so as to secure one half to my wife. 
Also the ballance [sic] of my household & kitchen furniture not hereafter 
disposed of I lend to my wife during her natural life.

Item 4. 	I give and bequeath to my son Jno. C. Rogers of the State of 
Tennessee & to his heirs three negroes (to wit) a boy named Joseph, a boy 
named Stephen & one girl named Caroline, which said negroes I have already put 
into his possession, also a negro man named Henry which he is to receive after 
my decease at the time of the general division of the negroes which came by my 
wife.

Item 5. 	I give & bequeath to my daughter Mary who married George R. 
Brasfield of Tennessee & to her lawful Heirs, the following negroes (to wit) 
Liley, Green, Willey, Mart (?) and Sarah, all of which said negroes have been 
previously put into the possession of her said Husband Geo. R. Brasfield for 
the use of themselves & the children of my said daughter Mary Brasfield.

Item 6. 	I give & devise to my son-in-law John A. Rogers of Tennessee 
who married my daughter Eliza Ann Rogers & to the children of the said Eliza 
Ann a tract of land in the Sate of Tennessee, which tract of land was bought 
up for me by George R. Brasfield of said State & to be accounted for by him 
the said John A. Rogers upon the final division of my Estate at the valuation 
of nine hundred dollars. Also I give and bequeath unto my said Son-in-law & 
his heirs (to wit) the children of my daughter Eliza Ann the following negroes 
that is to say, Johnson, Emily, Peter, Ruffin, Badger & Dilly to them & their 
Heirs (last two words scratched out) forever.

Item 7th. 	I give and bequeath to Henrietta M. Rogers, daughter of my 
nephew Allen Rogers dec'd. one feather bed, bedstead, and its necessary amount 
of furniture, also one Bureau made of cherry wood togeather [sic] with the sum 
of one hundred dollars to her & her heirs forever.

Item 8.		My will and desire is that Henrietta M. Rogers, daughter of my 
nephew Allen Rogers dec'd. who has lived with me a number of years & expects 
to continue to do so, shall, in consideration of services already rendered in 
my family as well as services which she may hereafter render, be released from 
all obligation to pay board during the time of her living in my family.

Item 9th. 	My will and desire is that all the residue of my Estate both 
real and personal not heretofore disposed of, including notes, book accounts & 
claims of every description due me whether in the State or the State of 
Tennessee, also every species of household & kitchen furniture not heretofore 
disposed of shall be equally divided as follows (to wit) one third part 
thereof I give and bequeath to my Son John C. Rogers, & his heirs. One third 
part thereof I lend to my daughter Mary Brasfield during her natural life to 
be used for the mutual benefit of herself, Husband & children and at her death 
I desire the same to be equally divided among the surviving Children of my 
said daughter, Mary Brasfield.
	  	The remaining one third thereof I lend to my son-in-law Jno. 
A. Rogers, to be used for the mutual benefit of himself & his children by my 
daughter Eliza Ann, during his natural life, & at his death I desire the same 
to be equally divided among the surviving children of my daughter Eliza Ann.

Item 10th. 	It is also my will and desire that in the final division of 
all the residue of my Estate as mentioned in the 9th Item of this my last will 
& testament each Distributee (to wit) Jno. C. Rogers, Geo. R. Brasfield, & 
Jno. A. Rogers, shall be required to file with my Executor a schedule of all 
the property & advancements made to each with a proper valuation of the same 
thereunto annexed, & that a distribution of the residue of my Estate be made 
in strict reference to the same, to the end they may share and share alike.

Item 11th. 	My will & desire is that as soon as my negroes who may be 
hired out shall be deliverable and my wife & my children or their lawful 
representatives shall by mutual agreement among themselves, in connection with 
my Executor or Executors, provide ample means for the payment of all lawful 
demands against my Estate, a division then & not till then shall be made as 
directed in the various items of this my last will & Testament. 

Item 12. 	My desire is that Elder Elyah Westen be requested to preach my 
funeral sermon in connection with the funeral sermon of my three deceased 
Sons, & if he cannot do so Elder P.W. Dowd or Elder Geo. W. Pursefoy to be 
requested to preach it & the one thus preaching to be paid by my Executors the 
sum of Twenty five dollars.

And Lastly. 	I do hereby constitute and appoint my son Jno. C. Rogers, my 
two sons-in-law Geo. R. Brasfield and Jno. A. Rogers in connection with my 
friend Geo. W. Thompson my lawful Executors to all intent & purpose, to 
execute this my last will & Testament, according to the true intent & meaning 
of the Same & every part & clause thereof, hereby working and making void all 
other wills and Testaments by me heretofore made Octr. 12th . 1860

Signed, Sealed, published &                        ) Benj. Rogers {seal}
Declared by the said Benj. Rogers                  )
to be his last will & Testament                    )
in the presence of us who at his request           )
& in his presence subscribe our names              )
as witnesses thereto. 
(Illegible) made before signing.

Willie D. Mitchell
James Woods