Wayne County NcArchives Wills.....HOwell, Benjamin November 12, 1828 ************************************************ 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: Dorothy T Walker skywalk1@embarqmail.com August 30, 2010, 3:24 pm Source: N.c. State Archives Wayne Co Will Box 9 Written: November 12, 1828 Recorded: September 1833 Benjamin Howell Will dtd 12 November 1828 w/estate & court various court case documents concerning the distribution of the estate. Wayne County Will box #9 & CR 103.508.84 NC State Archives Spelling of words adjusted for ease of searching and reading. Names capitalized Benja Howell’s will & Copy of Record of Lenoir Supr Court. In the name of god amen I Benjamin Howell of the County of Wayne and state of North Carolina Being of Perfect mind and memory but weak in body do make and ordain this my last will and Testament revoking all Former will or wills heretofore made by me in words and form Following to Wit First I give to my son in Law Philip Raiford one dollar to him and his heirs forever Second I give to my daughter Penny the wife of Eli Yelvinton one negro woman named Cherry and one negro Girl named Fan one negro boy named Stephen one negro Girl name Bunia which negroes is now in the possession of Elia Yelvington also one negro woman by the name of Henry and their Increase to her and her heirs forever Thirdly I give to my daughter Patsy the wife of Edward Sasser one Negro woman by the name of Lish one negro girl named Silva one negro boy named Ellick one negro boy named Gilford one negro boy named Dial and girl named Hannah now in his possession to him and his heirs forever Fourthly I give to my daughter Nancy wife of Lewis Powell and Negro woman named Tener one negro boy named Isnorn to her and her heirs forever Turn-Over [next page] Fifthly I give to my daughter Wealthy the wife of Robert Peacock one negro woman named Fran and her Children one negro boy named Silas now in his possession also Ten Dollars to her and to her heirs forever Sixthly I give to my daughter America the wife of Morris Killingsworth on Negro woman named Monerr to her and her in heirs forever. Seventhly I give to my granddaughter Sally the Daughter of Jethro Howell Dec. Ten dollars to her and her heirs forever Eighthly I give to my daughter Polly the wife of Arthur Barden Ten dollars to her and her heirs forever. Ninthly I give to James Aycock who married my Daughter Lindy Ten Dollars to him and his heirs forever also one Negro boy named Willis to him and his forever Tenthly I give to my Daughter Rachel the wife of William Reaves the following negros Nancy, Amy, Dorcas, Esther, Chaney, Willis, and Wright to her and her heirs forever Eleventhly I give and bequeath to the Daughters of Edward Sasser one note which I hold against sd Sasser to be equally divided between his daughters the amount probably five hundred dollars Twelthly I give and bequeath to my son Benjamin Howell al the remainder of my property consisting [next page] [see also Iredell, James, “Cases at law argued and determined in the Supreme court of North Carolina,” Volume 39, Part 4, 1847 ed, Gales Pub, Raleigh, pp. 188-192 online books.google.com] Of all my lands on the south side of Little river all my negros not before mentioned all my house hold and Kitchen furniture all my stock of all kinds Horses Hogs cattle and plows of all Kind all the money due me and crops or crops that growing on sd land to him his heirs forever. Lastly I appoint my son Benjamin Howell Executor to this my last will and testament in witness whereof I Have here unto set my hand and affixed my seal this the 12 of November 1828 Witness his C.W. Crawford Benjamin x Howell John W. Sasser mark [Court Records in will folder follows] It appearing to the satisfaction of the Court on the production of a duly certified copy of the records of the Sup Co. of Law for the County of Lenoir that a paper writing purporting to be the last will & testament of Benja. Howell decd late of Wayne Co bearing date the 12th day of November 1828 had been duly formed & found on an issue made up according to the act of [ukn word] in such care made & provided [proved] to be the last will of said Benja: Howell, and the said will with a certificate of probate thereon being exhibited to the Court the same is allowed & admitted by the Court and ordered to be recorded. It is further ordered that letters testamentary issue to Benja: Howell the Ext. therein named who appears in Court & qualifies as Executor of said will. Jas A Green clk Then copy this will & then The certificate from Lenoir S.C. -----[new document] Benjamin Howell 1829 Estate Record NC State Archives CR 103.508.04 To the Worshipful the Justices of the County of Pleas & Quarters Sessions for the County of Wayne The Petition of Arthur Barden & Polly his wife, Edward Sasser & Pasty his wife, James Aycock & Belinda his wife of the County of Wayne of Eli Yelverton & Penny his wife & William Reaves & Rachel his wife of the County of Johnston State of North Carolina, of Lewis Powell & Nancy his wife of the State of Georgia, of Morris Killingworth & America his wife of the State of Alabama, of Benjamin, Howell & America Peacock on behalf of themselves the other children of Martha Peacock decd. Who are infants & here in this behalf by Robert Peacock their guardian & are friend & of James, Benjamin & Needham Raiford & Isaiah Wiggs & Anne his wife, Polly Sasser, James Sasser & Apsilla his wife, McKinnie Oliver & Lotty his wife Humbly there ask you worships group petitioners aforesaid that Benjamin Howell late of the County of Wayne departed this life some time past having first duly made & published his last will & Testament in writing which has been admitted to probate & whereof he appointed Benjamin Howell Jur his Executor who has qualified as such. That the said Benjamin Howell Ser was seized & possessed at his death of two tracks of land being in Wayne County the one tract joining the lands of John Hooks decd. Bennus Vail Elisha Applewhite & others called the Ballard or Mill Track containing about 300 acres. The other joining the lands of Elisha Applewhite, George Herring & others containing about 300 acres which were not devised by said will & as for which the said Benjamin Howell decd. Did ----- & the same has descended to & is subject to be divided among his heirs at ----- That the said Benjamin Howell decd left surviving him your petitioners Polly Barden, Patsy Sasser, Belinda Aycock, Penny Yelverton, Rachel Renny, Mary Powell, America Killingsworth, & Benjamin Howell Jur. His children & Benjamin & Needham Raiford, Anne Wiggs, Polly Sasser, Apsilla Sasser & Polly Oliver Children of his decease daughter Sally Raiford his heirs for whom the said lands have descended to. That Benjamin Howell Junr. has already been advanced in lands of more than an equal value to the share of your petitioners & there for is not entitled to any partition of these lands without bringing those already given to him into ______ Your petitioners being desirous that partition of said lands should be made among them & their shares allotted to them in severalty. My your worships to appoint commissioners properly qualified to divide the same & to allotted to each one of your petitioners Polly Barden, Penny Yelverton, Patsy Sasser Nancy Powell, Bilinda Aycock, Rachel Reaves & America Killingsworth on ninth part, to your petitioners Benjamin, Howell, America & the other children of Martha Peacock in sixth of their mothers one ninth part & to James Benjamin & Needham Raiford, Ann Wiggs, Polly Sasser, Apsilla Sasser and Polly Oliver in sixth of their mother Sally Raiford one ninth & report to such court & that you unto issue you writ of subpoena to the said Benjamin Howell Jur Commending him to appear & viz; amount Y your petitioners will comply to . Geo. W Mooding ---- Arthur Barden & Wife & ats Vs Benja Howell, Junr Peto. For Partition Term 1833 Service accepted Benjamin Howell [appears to be his signature] John W. Sasser} Raiford Hooks} Bradberry} John Kennedy} Elisha Applewhite} Or a majority} [End] Additional Comments: Relationships established from Will and Estate record. Benjamin Howell, Sr 1. Benjamin Howell, Jr son 2. Polly daughter (aka Mary) & wife of Arthur Barden living Wayne Co Nov 1833 3. Patsy daughter & wife of Edward Sasser living Wayne Co Nov 1833, have daughters names not mentioned 4. Belinda daughter (aka Lindy)& wife of James Aycock living Wayne Co Nov 1833 5. Penny daughter & wife of Eli Yelverton living Johnston Co Nov 1833 6. Rachel daughter & wife of William Reaves living Johnston Co Nov 1833 7. Nancy daughter & wife of Lewis Powell living in Georgia Nov 1833 8. America daughter & wife of Morris Killingsworth living Alabama Nov 1833 9. Martha deceased (1828-1833) daughter (aka Wealthy) & wife of Robert Peacock [Robert is guardian to named children who are minors & assumption is father of children], their children; Benjamin Peacock, Howell Peacock, America Peacock & 3 others not named 10. Sally deceased daughter & wife of Philip Raiford her/their children, James Raiford, Benjamin Raiford, Needham Raiford, Ann Raiford & husband Isaiah Wiggs, Polly Raiford Sasser, Aspilla Raiford & husband James Sasser, Lotty Raiford & husband McKinnie Oliver 11. Jethro Howell deceased (a. 1828) son, his daughter Sally Howell File at: http://files.usgwarchives.net/nc/wayne/wills/howell1582gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 9.9 Kb