Wayne County, NC - Will of James Rhodes, 1809 ~~~~~~~~~~~~~~~~~~~ C.103.80002 Wills, Inventories, Sales of Estates 1807-1816, Vols 1-3 [microfilm] In the name of God amen. Be it known to all whom it may concern that I James Rhodes of the County of Wayne and State of North Carolina, being of perfect mind and memory but recollecting it is appointed for all men to die of which time no one is certain do make constitute and ordain this to be my last will and testament utterly herby revoking all and every other will or wills by me hertofore made and first I give and recomend my soul into the hands of almighty God who gave it, and my body to the dust from which it came to be buried in a decent Christian like manner at the discretion of my executors herinafter named, and as to the worldly good with which it hat pleased almighty God to bless me, I give and dispose of in the following manner and form to wit First it is my will that in and to prevent hiring out old negroes and to procure them a home of which they may be comfortable that the following negroes be sold to wit, Cuffee, Jin his wife, old Beck, old Peg, old Rose, old Amy, and such others not exceeded four more as my Executors or a Majority of them may think proper if they should deem it necessary and proper to sell any more and the more readily to accomodate the negroes for sale my Executor [provided they all agree] may sell them at private sale - otherwise at public sale in common form Secondly it is my will that my debts be first paid, and out of the balance that Cullen Blackman receive for the use of his children by his present wife three hundred dollars, which I wish laid out on their education eually share and share alike It is further my will that my Executors lay out one hundred dollars on the education of John Bledsoe's son by his present wife named Jack if he lives and if not and his present wife has any more children to be laid out on them, it is further my will that my brothers daughter Dicy Rhodes receive from my estate two hundred dollars or a negro girl, one hundred dollars of which if paid in money to be laid out on her education Thirdly, it is my will that least any misconstruction should arise with respect to my wifes dower agreable to a deed of trust made by her and me of this day and date to Edward Harriss and Cullen Blackman that she have the use during her natural life of my plantation whereon I now live at Waynesboro, and the lands therunto belonging and it is further my will that all the balance of my personal estate not herto fore given away or otherwise directed to be disposed of be equally divided among my wife and ligitimate children share and share alike, and that all the perishable part which falls to my children be sold for their benefit upon a credit of twelve months bearing interest from the day of sale till paid provided negroes are not considered perishables plate nor any other thing that cannot take damage by keeping Fourthly it is my will that the whole of my real estate including that part the use of which is given to my wife during her life also the whole of that conveyed this day by a deed of trust by James Rhodes and Anna his wife to Edward Harriss and Cullen Blackman with the exeception of one mater from which town in Newbern and the lot wheron Mr. Washington now keeps store which I intend for and do now give to my son James Rhodes and his heirs for ever. All the residue of my real estate as before excepted with this exception above mentioned It is my will should be allotted of in as equale proportions in point of real value as can conviniently be, is as many shares as I have legitimate children and that a fair draw be made for them, and when it is not convenient to make the lots equal in value which it is believed cannot happen in more than one or two instances, the larger shares shall make good the smaller with personal property, and all such share part or parts as each of my children may draw as aforesaid I do herby give and bequeath unto them and their heirs for ever Provided it is my will that where I have given of or may give of any thing, to any of my children that a proper and fair deduction shall be made for it for the use of the other children, and provided further that should any of my children be dead having issue that their lawfull issue shall be intitled to such part or parts as the parent would have been intitled to if living in equal and equitable proportions And whereas since writing the above I have concluded to give my son James Rhodes the plantation wheron I now live near Waynesboro my land at the Cross roads and adjoining therto, my lots in Waynesboro, which I may own at my death and my lands whereon John Sasser now lives together with the lot in Newbern, it is my will that he receives the same in full consideration of his proportion of my real estate, and that in the allotment of my real estate as aforesaid he be left out of the question as also all that part of my real estate given him in forgoing bequest or gift and I do herby give him the said lands intending and meaning the lands by which is mentioned in my last conclusion to give him to him and his heirs for ever And lastly I do hereby nominate constitute and appoint as Executors to this my last will and testament my trusty friend Cullen Blackman Edward Harriss Uriah Bass and my wife Anna Rhodes, in full testamony wherof to all intents meanings and purposes I have herunto set my hand and affixed my seal this first day of March 1808 Interlineation in my own hand writing examinded before signed J.R. Rhodes {Seal} Codiceal to the above will. It is further my will that the above bequeaths and sallaries in the will notwithstanding that my dwelling house and kitchen on my plantation at Waynesboro be removed to the Cross Roads near Thos Boyds at the expense of my estate previous to the division of the same - It is further my will that if my wife Anna Rhodes should marry again and my Executors should have the reason to believe my children ill treated by their step father or other persons that my Executors instantly take charge of the children and board them out of school and not permit them to live in the same house with their step father during his lifetime It is further my will that should Anna Rhodes be loss of her husband or other means become distressed or rather suffer in the opinion of my Executors that from and after that time untill such the cause of her suffering be removed as my Executors shall judge, Cullen Blackman shall receive annually from my estate the sum of fifty dollars in trust and for the sole use and interest of her the said Anna Bledsoe It is further my will that my wife Anna Rhodes shall enjoy all right and previledges of my dwelling houses not with standing they are removed during her life 3'd February 1809 Signed sealed published pronounced and declared } to be my last will and testament in presence of us } Jno Bledsoe } Jas Rhodes {Seal} Joseph Edwards } ----- Wayne County August Term 1842 Then was the above will & codicil thereto of James Rhodes (smudge) in open court & offered for probate and duly proved by the oath of Joseph Edwards a subscribing witness thereto ordered that the same be recorded Jno A Green Clk ___________________________________________________________________ Copyright. 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