Wayne County, NC - Estate of Moses Boyte, 1826 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ESTATE OF MOSES BOYTE OF WAYNE COUNTY, N. C. State of North Carolina Wayne County In Equity To the Honorable the Judge of the Court of Equity of the County of Wayne. The Bill of Complaint of Stephen Boyt, Amos Boyt, Micajah Boyt, Dempsy Boyt, and of Elisha Boyt, Louisa Boyt, Ollen Boyt, Alice Boyt, John Ashley Boyt, the said Elisha, Louisa, Ollen, Alice and John are Infants and sue in this behalf by Polly Boyt their mother, and next friend; the said Polly Boyt administratrix of Moses Boyt, and Thomas Wise, all of Wayne County and of America Toler, an Eliza Toler, Elizabeth Toler and Durham Jones of Johnson County, the said Eliza, Elizabeth and Durham are Infants and sue in this behalf by the said America Toler their mother and next friend, humbly sheweth that James Jones late of Wayne county, on or about the twentyeth day of December in the year One thousand eight hundred and twenty five being of sound and disposing mind and memory, duly made and published his last will and testament in writing, with the solemnity required by law for the disposition by will of real and personal estate, and on or about the _________________ day of January following the execution of said will departed this life without having revoked, cancelled or in any way altered the said will. Your Orators further shew unto your Honor that of the said will your Orator Stephen Boyt and William Thompson were appointed Executors, and although the said will was seen by several persons after the decease of the said James Jones, it has been subsequently taken away from the place where it was deposited, and the said executors have not been able to find the same, so that the said will cannot be obtained to be proved in regular form of law in the Court of Pleas and Quarter Sessions of Wayne County, and your Orators verily believe that it has been lost or destroyed. Your Orators further shew unto your Honor that the last will, they made, published and declared contained the following devises and bequests, and no other, and was they believe expressed in the terms and to the effect following, that is to say--- I James Jones do make this my last will and testament in manner and form following--- I leave sixty acres of land lying on the west side of the road that leads from Arthur Jones' to Hillary Hooks' to be sold at my death. The balance of my land over the road I give to Elisha Boyt, called the son of Moses Boyt, to him and his heirs forever. I lend to my wife Mary Jones all my land, except the fifty acres to be sold, and all my negroes and other property during her life, I give to said Elisha Boyt son of Moses Boyt a negro Boy, called Coalman, to him and his heirs forever. I give to Moses Boyt a piece of land on the other side of said road begining at the road at a stake toward Arthur Jones', Willis Jones, and runs with Arthur Jones' line to a stump James Jones', Willis Jones, and Arthur Jones' corner; then across from the stump, through or by the Shop field so called, to a burnt pine; then to an Oak near the Cart path, called Coors Cart path, to a pine his, and Kennedys and Howells Corner, then to the road with Kennedys line, then to the begining. I give to Moses Boyt two negroes named Rose and her infant to him and his heirs forever. I leave to Thomas Wise a negro boy named Nathan, and if the said Wise should die without an heir of his body the said negro shall come back to Stephen Boyt. I leave to the said Moses Boyt two mules Jack and Gin and all my hogs at the wild-cat pen to him and his heirs. I leave to America Toler, widow of Dickson Tolar deceased two cows and calves, and to her three children fifty dollars each for three years for schooling said children. I give to Stephen Boyt seven negroes named Bill, Silva, Charles, Sampson, Lucy and her two infants; all the land that has not been willed away; all the stock except what has been willed away; all the household and kitchen furniture, and all of the property thats not given away, except five pounds which I give to my heirs at law. I leave to Amos Boyt, Micajah Boyt, and Dempsy Boyt the debt John McKinne owes me. I appoint William Thompson and Stephen Boyt my executors. Which said will your Orators charge was signed by the mark of the said James Jones, then "James (X) Jones" and acknowledged to be his last will in the presence of John C. Pender and Hamilton Howell, who in his presence and in presence of each other signed their names as Witnesses thereto. And your Orators further shew unto your Honor that the said James Jones left a widow Molly Jones who resides in Wayne County, and one brother, Arthur Jones, and one sister Betsey Garner the wife of Willis Garner, all of whom reside in Wayne County. And the following descendants of deceased brothers and sisters. That is to say--- Thomas Wise, only child of Edith Wise. And Henry Jones, Theophilus Jones. Charity Jones, Mary Hedgepeth, Bryan Jones, Percy wife of Ephraim Thompson, Edith Jones, Charlotte Jones, Darcas Green wife of James Green, the children of Willis Jones, deceased. And Barden Tolar, Enos Tolar, Betsey Strickland wife of Benjamin Strickland, children of Grace Tolar, who was the wife of Myer(?)Tolar. And Robert Jones, John Jones, William Jones, Penny Jones, and Hardy Jones, children of Hardy Jones. And David Howell, Edmund Howell, Theophilus Howell, James Howell, Ozborn Howell, Molly Waller wife of Elijah Waller, Nelly Howell, Sally Howell, Jorhue Howell, and Lewis Howell, children of Jemima, who was the wife of Ozborn Howell--- To which said living brother and sister, and to the said descendants of the deceased brothers and sisters of the said James Jones, (subject to the dower of his widow) would have descended as his heirs at law all the real estate of the said James Jones, and among the said widow & brother & sister and children of deceased brothers & sisters, as next of kin, would have been distributed all the personal estate of said deceased had the said deceased died without will or testament. Your Orators Eliza & Elizabeth Toler, and Durham Jones an the children of America Toler mentioned in the said will. Moses Boyt survived the said James Jones, and has since died, leaving your Orators Elisha Boyt, Louisa Boyt, Ollen Boyt, Alice Boyt & John Ashley Boyt his children and heirs at law--- Your Orators further shew unto your Honor that Molly Jones widow of said James Jones disclaims all benifit under the said will, insists on and prefers the dower and distributive share given to widows who dissent from their husbands will--- Your Orators further shew unto your Honor that they are in danger of losing the benifit of the devises and bequests to them, by reason that the said will has been lost or destroyed before being proved. And that the persons, herein named as heirs at law and next of kin of the deceased James Jones claim to take by descent and by distribution the real and personal estate of the deceased as though he had died intestate. And your Orators are unable either to prove the due execution of said will, to make out a copy of its contents, or to establish its loss, without the aid of a discovery from the said heirs at law and next of kin, and are without the means of any competent and effectual remedy for the assertion of their rights, except through the interposition of this Honorable Court. The said Arthur Jones, Willis Garner and Betsey his wife and Thomas Wise, Mary Hedgepeth, Barden Toler, Enos Toler, Benjamin Strickland & Betsey his wife, reside in Wayne county. Bryan Jones, Ephraim Thomson & Percy his wife, Edith Jones, Charlotte Jones, James Green and Dorcas his wife, and David Howell and Ozborn Howell reside in Johnston County. Source: Moses Boyte Estate Record. 1826. C.R.103.508.19. Much more information in Moses Boyte's estate record not copied by me. Copied as closely as possible from original. ___________________________________________________________________ Copyright. 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