Wayne County, NC - Will of Kinchen Britt, 1820 ~~~~~~~~~~~~~~~~~~~~~~~~~~ In the name of God Amen. I KINCHEN BRITT of the State of North Carolina & County of Wayne being weak in Body; but of sound & perfect mind & memory do make & ordain this Instrument of writing to Contain my last Will and Testament in manner & form following (Viz) First of all I recommend my soul into the hands of Almighty God that gave it, & my Body I recom-mend to the Earth, to be Buried in a decent Christian Burial at the Discres-sion of my Executors, nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God & as Touching such worldly Estate wherewith it has pleased God to bless me in this life I give devise & dispose of the same in the following manner & form. FIRST I give & bequeath to my Two sons JAMES BRITT & GRAVES B. BRITT all my Lands on the North side of Falling Creek being the Lands & Plantation I purchased of CHARLES T_______ to be Divided between by a straight line runing (sic) from JOSEPH EVERITTS line through the middle of the lane to yard, then as the yard fence goes to the middle of the lane on the W. side of the Dwelling House then through the middle of the same to the same course Cont'd to PIPKIN'S line the yard Houses & Land on the North side of s'd Line to my son JAMES his heirs & assigns forever, the Balance of the aforesaid Land to my son GRAVES B. BRITT his heirs & assigns forever. ALSO I give and bequeath to my Daughter NANCY COGDELL & my son in law RICHARD COGDELL their Heirs & assigns forever my Land and plantation I purchased of ABNER BRADDY Containing Two Hundred Acres. ALSO I lend to my beloved Wife ELIZABETH one ninth part on acres of my Lands on the South side of Falling Creek including the Dwelling House (then gives description of land) I lend same to her the s'd ELIZABETH during her Natural lifetime and after my Wife ELIZABETHS Death my Will & Desire is that the Land I have Lent to my Wife ELIZABETH shall be sold at Twelve months Credit & the money arising from sale thereof to be Equally Divided between my Five youngest sons, Namely, GASTON, JAY P. BRITT, KINCHEN, HENRY BRANSON BRITT, FRANCIS COGDELL BRITT. ALSO I lend to my beloved Wife ELIZABETH one Negro Woman Named Dinah & one Negro Boy Named Cesar During her Natural lifetime & after her Death the s'd Negroes Lent to be Equally Divided between the afore- said Named Five sons Namely GASTON, JAY P. BRITT, KINCHEN, HENRY BRANSON BRITT & FRANCIS COGDELL BRITT to them their heirs & assigns forever. ALSO I give & bequeath to my son WILLIAM BRITT one eighth part in acres of the Balance of my Lands on the South side of Falling Creek not by my yet given away the Eighth part to be laid off at the upper part of my Land Joining KORNEGAY line the run of the Creek & the back line which is to be Laid off as wide on the Creek as on the back line, to him the s'd WILLIAM BRITT his heirs & assigns forever. ALSO I give & bequeath to my Two Daughters Namely MARY & BETSY HARRIOT BRITT, Two Eighths of the Balance of my Land on the South side of Falling not yet given away to be Laid off Joining of the Land I gave to my son WILLIAM on the Lower side the Creek & the back line to them their Heirs & assigns forever. ALSO I give & bequeath to my afores'd Five youngest sons Namely, GASTON, JAY. P. BRITT, KINCHEN, HENRY BRANSON BRITT, & FRANCIS COGDELL BRITT, the residue or Balance of my Lands on the South side of Falling Creek lying Joining & below the Land I gave to my two Daughters MARY & BETSY HARRIOT, to them their Heirs & assigns forever. ALSO my Will & Desire is that if THOMAS HARPER fetches my Notes of hand he holds against me one Note for the sum of one Hundred Dollars with the Credit of Five Dollars & the other Note for the sum of Fifty Dollars & Five Dollars in Money on a good Note of hand & gave up the same to my Executor or Executors then my will is my Executor or Executors Shall give up to him the s'd THOS. HARPER a Deed of Sale for one Hundred acres more or less provided the s'd THOS. HARPER gives up the s'd Notes or sums above stated on or before the 25th day of December Next. In case the s'd THOMAS HARPER does not comply as above stated then my will is the Land I purchased of s'd THOS. HARPER shall be sold at Twelve months Credit by my Executor or Executors & money arising from the sale thereof for use of paying my just Debts. ALSO my Will & Desire is that my Executor or Executors shall sell as many or such as they think proper of my Negroes not yet give away, privately or publicly to satisfy all Judgements & Executions heretofore obtained against me, or that may be speedily brought against my Estate. ALSO my Will & Desire is that all my personally Estate, Except my Negroes be sold at six months Credit by my Executor or Executors & the money arising from the sale thereof after paying my Just Debts be Equally Divided between My Beloved Wife ELIZABETH & all my above named Sons & Daughters share & share alike. ALSO my Will & Desire is that all my Negroes not yet given away shall be Equally Divided between my Children, namely, WILLIAM, MARY, BETSY HARRIOT, GASTON, JAY. PINKNEY, KINCHEN, HENRY BRANSON & FRANCIS COGDELL BRITT, the s'd Negroes to them their Heirs & assigns forever. LASTLY I constitute nominate & appoint BRITTON HOOD & BOLD ROBIN HOOD my Executors to this my last Will & Testament & I do hereby utterly disallow, revoke & disannul all & every other former Testament Wills by me made Ratifying & confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto set my hand & seal this 5th Day of March in the year of our Lord one Thousand Eight Hundred & Twenty. Signed sealed & acknowledged in the presence of KINCHEN BRITT Seal THOMAS BENNETT JOHN H______ Probate May Court 1820 Wills 1776-1927 CR 103.801.3 Folder 1820 Kinchen Britt NC State Archives, Raleigh, NC I am not sure if JAY P. BRITT was JAY or JAMES. The last time his name was on the document it definitely had a period after after the (y). In older documents the (s) looked like a (y). I do know that he is not the JAMES P. BRITT of Greene Co, son of BENJAMIN BRITT & SMITHY TAYLOR. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Judy Ginn - judy_ginn@aol.com ______________________________________________________________________