Wake County, NC - Will of James Stuart, 1867 ~~~~~~~~~~~~~~~~~~~~~~~~~~ The will is named as that of JAMES STEWART but is signed by JAMES STUART. In Court of Pleas and Quarter Session the deceased is named as JAMES STUART and the executor is named as JOSEPH K. STUART. Transcription of xerographic copy of original will received from North Carolina Archives, dated 10/21/2005. Wake County Wills, 1771 - 1966 James Stewart, 1867 Book JJ, Pages 445 and 446 I JAMES STEWART of the county of Wake and State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament, in manner and form following, that is to say: First - That my executor (hereinafter named) shall provide for my body a decent burial, suitable to the wishes of my friends and relations, and pay all funeral expenses, together with my just debts howsoever and to whomsoever owing, out of the moneys that may first come into his hands as a part or parcel of my estate. Item 2nd. I lend to my daughter MARY six hundred acres of land to be set out by metes and bounds in the West end of my land so as to include my mansion house, all out houses and other improvements to have and to hold to her the said MARY STEWART during the term of her natural life or so long as she may remain unmarried. Item 3rd. I give and bequeath to JAS. A. ADAMS my last springs colt to be his and at his disposal absolutely forever. Item 4th. I give and bequeath to MARY WINNAFORD ADAMS one bed, bedstead and furniture, to be hers and at her disposal absolutely forever. Item 5th. I give and bequeath to my daughter MARY one black mare seven years old; my yoke of oxen; two cows and calfs her choice; twenty head of hogs her choice; my sideboard and contents; clock, boufet and press; one bed bedstead and furniture; one loom wheel and cards; one walnut chest; two pots one oven and spider; all the crockery ware; one case of knives and forks; six chairs; farming utensils; and all my provisions on hand at the time of my death to be hers and at her disposal absolutely forever. Item 6th. My Will and desire is that the said six hundred acres of land loaned to my daughter MARY be equally divided between JAS. K. P. STEWART son of CHARLES STEWART and JAS. H. STEWART, son of JOS. K. STEWART at her marriage or death. Item 7th. My will and desire is that all the rest and residue of my estate which has not been otherwise disposed of in this will be sold at my death together with debts due and money on hand, and the money arising therefrom, after paying all necessary expenses be equally divided and paid over share and share alike to each of my nine daughters, Viz: NANCY MATTHEWS, ELIZABETH SMITH, LUCY PARTIN, CATHERINE OGBURN, SIDDY BRANCH, MALINDA PARTIN, SARAH UTLEY, FRANCES PARTIN and EDITH MASON. Lastly - I do hereby appoint and ordain my son, JOS. K. STEWART my executor to 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 declaring utterly void all other wills and testaments by me hereto made. In witness whereof I the said JAMES STEWART do hereunto set my hand and seal this the ninth day of January A.D. one thousand eight hundred and sixty-six. Signed sealed published and declared JAMES STUART (hand written seal) by the said JAS. STEWART to be his last will and testament in the presence of us who at his request and in his presence do ascribe our names as witnesses thereto A. D. CUTTS J. C. BALLENTINE ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ NORTH CAROLINA, WAKE COUNTY } Court of Pleas and Quarter Sessions: August Term, 1867 A paper writing, purporting to be the last will and testament of JAMES STUART, deceased, is exhibited for probate in open Court by JOSEPH K. STUART, the executor therein named, and the due execution by the said JAMES STUART is proved by the oath and examination of A. D. CUTTS & J. C. BALLENTINE the subscribing witness thereto. It is therefore considered by the Court, that the said paper writing, and every part thereof, is the last will and testament of the said JAMES STUART and the same is ordered to be recorded and filed. And thereupon the said JOS. K. STUART, executor as aforesaid, duly qualifies as such, by taking the oath required by law. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Explanations: 1. Jas. A. Adams (Item 3rd) is a grandson of James Stuart (deceased), son of Frances Stuart Adams Partin,natural father deceased. 2. Mary Winnaford Adams (Item 4th) is a granddaughter of James Stuart (deceased), daughter of Frances Stuart Adams Partin, natural father deceased. 3. Mary Stuart (Items 2 & 5) is daughter of James Stuart - she remained single for the rest of life, dying after 1880. The "spider" is a footed cast-iron frying pan that stands among coals on the hearth. The "press" is just another word for cupboard (Merriam-Webster Online) 4. (Item 6) Jas K. P. is grandson of James Stuart (deceased), and son of Charles. Jas. H. is grandson of James Stuart (deceased), and son of Jos. K. (executor.) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ When James SIGNED his daughters marriage bond he SIGNED HIS NAME: JAMES STUART Transcription from xerographic copy / North Carolina State Archives Sep 27, 2001 Wake Co. Marriage Bond Simon Matthews to Nancy Stuart, 7 March 1829 STATE OF NORTH CAROLINA WAKE COUNTY KNOW ALL MEN BY THESE PRESENTS, That we, Simon Matthews and James Stuart are held and firmly bound unto John Owens, Esquire Governor, &c. or his Successors in Ofice, in the sum of Five Hundred Pounds, Current Money, to be paid to the said Governor, his Successors or Assigns, for the which Payment well and truly to be made and done, we bind ourselves, our Heirs, Executors and Administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this7th day of March Anno Domini 1829. The condition of the above obligation is such, that whereas the above bounded Simon Matthews hath made application for a Licence for Marriage to be celebrated between him and Nancy Stuart of the County aforesaid: Now, in case it shall not appear hereafter, that there is any lawful Cause or Impediment to obscure the said Marriage, then the above Obligation to be void, otherwise to remain in full force and virtue. Signed, Sealed and Delivered in the presence of For Simon Matthews(Seal) BS King (signature) James Stuart (signature) Seal ___________________________________________ When JAMES' son, Joseph Kirk Stuart died, he died without a will and his estate entered Probate Court as: WAKE COUNTY ORIGINAL ESTATES, NC, 1771-1968 CR 099.508.323 Joseph K. Stuart 1887 (per copy of Estare Record from NC Archives) - all signatures of males children are signed STUART: W. F. Stuart signed on Dec 27, 1889; twice March 30 1896 R. P. Stuart signed Sep 21, 1889 J. H. Stuart signed Sep 21, 1889 C. T. Stuart signed Dec. 23, 1889 Joseph Kirk Stuart's widow, Barbara Stuart is shown on 1900 census of Wake County living with son, William F. Stuart. Her dower land in Harnett County was sold. Her son James retained his land-share in Harnett and appears in 1910 census of Harnett County, Hector's Creek Township. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Patricia Stuart Sistare - PSSistare@aol.com ______________________________________________________________________