Warren County NcArchives Wills.....Brodie, John April 5, 1850 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jackie Proctor p_jackie_@hotmail.com February 5, 2009, 3:19 pm Source: Nc Archives Written: April 5, 1850 Will of John Brodie - Received from NC Archives Will Book 41/191 I John Brodie of the county of Warren in the state of North Carolina, being of sound and disposing mind and memory do make, publish and declare this instrument of writing to be, and contain my last will and testament, hereby annulling and revoking all wills and every will by me heretofore made. First I give and devise to my son John H. Brodie and his heirs the tract of land in Franklin County, N. Carolina, on which he now lives, known and called by the name of the Bushingham tract; I also give to my said son my negroes now in his possession, also the following negroes, to wit, Jack, Sal, Caroline, Amy, Henry, Frank, Alfred and his wife Caroline and her children, except Mary Jane. Secondly I give and devise to my son William L. Brodie and his heirs the tract of land on which I now live, situated in the said counties of Franklin and Warren, containing fourteen hundred acres more or less. I also hereby confirm to my said son the slaves heretofore conveyed to him by me by deed, which slaves are now in his possession. I also give to my said son in addition, the following slaves, to wit, Jube, Henderson, Sylvester, Sirena, his wife, Mary Jane, Maria, and Burrell Junior. I also give to my said son, the stock of horses and mules, cattle, sheep, hogs, and all other stocks of every kind and description on the said tract of land. Also my horse and guns and all the furniture belonging to the house thereon, except the piano, wardrobe and two beds furnished, excepted articles, I give to my daughter Martha A.R. Kennedy. Thirdly I give to my friend Archabald H. Davis and my sons, John H. Brodie and William L. Brodie and their heirs and the survivors and the survivors of them my lands on Tar River in the said county of Franklin, N. Carolina, also all the slaves and my land and description of the property on the said plantation in trust nevertheless to be held and managed by them the sole separate and exclusive use and benefit of my daughter-in-law, Evelina Brodie, the wife of my son, Samuel W. Brodie and the child or children of my son the said Samuel W. Brodie. My meaning is that the said trustees are to have the entire control and management of the said plantation, slaves, and the other property given to them by this clause in my will for the sole separate and exclusive use and maintenance of my said daughter-in-law, Evelina Brodie, the wife of my son Samuel W. Brodie and the child or children of my son the said Samuel W. Brodie, my daughter-in-law Evelina to be supported during her life time, notwithstanding her said covertures, and for the support and education of the child or children of the said Samuel W. Brodie and said trustees, the survivors or survivor of them, and hereby authorize if they shall deem it expedient, to allot and set apart to any child or children of the said Samuel W. Brodie that may attain to lawful age or marry, such a portion of the said trust property not excluding an equal share of the same having reference to my said son Saml W. Brodie number of children as they shall deem right and proper. It is further my will and desire that in the event of the death of my said son Samuel W. Brodie without leaving children or issue, or in the event of his death leaving a child or children only, such child or children dying before twenty-one years of age or marrying, in either such cases, I give the whole of the trust property, after the death of my said daughter-in- law, to my children, John H. Brodie, William L. Brodie, and Martha A.R. Kennedy and their heirs equally to be divided among them. But in case my said son Samuel shall leave a child or children who shall attain to the age of twenty-one years or marry, then it is my will and desire that said trust property shall be equally divided among the said children, or their issue and my said daughter-in-law should she then be alive, the part which upon said division shall be allotted to her, to be divided at her death among the said children equally. Should the said trustees make advancements to any of the said Samuel W. Brodie children during his lifetime, as they are herein authorized to do, such advancements are to be accounted for by the child or children in do advanced whole at the general or final division. And thereby release my son Samuel from all claims against him . 5th I give to my friend Thomas Plummer and my son John H. Brodie the slaves, to wit, Winney and her children, and Judy and her children. Also seven thousand dollars with interest from the 1st of January 1850, and one piano, one wardrobe and two beds with their furniture to be held and managed by the said Thomas G. Plummer and John H. Brodie in trust for the sole separate and exclusive use and benefit of my daughter Martha A.R. Kennedy, now the wife of Charles H, Kennedy, during her life and after her death to be equally divided among her children or issue. But if my said daughter shall die without having a child or children or the issue of such, or if she dies having a child or children and such child or children should die before twenty-one or marrying, in such case, I give the said property to my children John H. Brodie, William L. Brodie, and Lucy F. Alston equally, or the issue, such issue to represent his her or there parent. 6th I give to my grand daughter Lucy F. Alston Negroes Dice and her children and Nancy her children. 7th The money which I may have on hand, with the bond and accounts( after deducting there from seven thousand dollars with interest from January 1st 1850) which last amount is to be paid to Thor. G. Plummer and John H. Brodie in trust as herein before declared, I give to my sons John H. Brodie and William L. Brodie. Whatever I have not specifically given away by this will to be sold and the proceeds thereof I give to my grand daughter Ruina Brodie and my grand son John Brodie. Lastly, I appoint John H. Brodie and William L. Brodie executors of this my last will and testament. In witness of all of which I have this 5th of April 1850 set my hand seal and in the presence of Witness John Brodie (seal) William Burge Wm D. Jones Will of John Brodie – November Court 1857 Recorded Pursuant to order page 19 Jno.W. White, Clerk Warren County November Court 1857. This paper writing purporting to be the will and testament of John Brodie dec’d was offered for probate and proved by the oath of Wm. D. Jones, one of the subscribing witnesses, thereto who testified that the said John Brodie acknowledged in the presence of said witness and in the presence of William Burge, the other subscribing witness that he the said Testator signed and seal the said instrument as his last will and testament. That he said witness and Wm Burge, the other subscribing witness attested the same at the same time at the request of the said John Brodie and that he was then of a sound disposing mind and memory, whereupon, the said paper writing was ordered to be recorded- and Jno H.Brodie and Wm L. Brodie, the executors named in said will qualifying thereto as such in due form. File at: http://files.usgwarchives.net/nc/warren/wills/brodie703nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 7.8 Kb