WILKES COUNTY, NC - WILLS - Elijah Church, Sr., 15 Mar 1854 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Linda Revis Pllsr@aol.com ==================================================================== Will of Elijah Church, Sr. I, Elijah Church, of the county of Wilkes and State being in this present month of March in the year of our Lord 1854 about 86 years of age, yet retaining my right mind and exercise of common reason and calling to mind the certainty of death and knowing also that my worldly effects might be disposed of in a manner contrary to my will and testament, revoking hereby all other wills by me heretofore made and established this forever my last will and testament in the manner and form following: First, I will and bequeath my soul to God who gave it, and my body to be buried in a decent manner becoming the age in which I live. Secondly, I will all my just debts if any should remain unpaid at the day of my death to be paid out of my property by the hands of my Executors. Thirdly, I reserve to the use and possession of Charity Church, my beloved wife, if she should live longer than I, all the lands, Negroes, and personal property that I may die possessed of during her life except so much as may be required to pay my just debts as before provided for. Fourthly, I will and bequeath to Jesse Church, Nathaniel Church, William Church, my sons, and Charity Vannoy, and Martha Lipps, my two daughters and their heirs all my lands which is not otherwise disposed of in this will, and all my Negroes and other property not otherwise disposed of in this, my last will and testament, to be equally divided among them by valuation without being put to public sale which valuation may be made by three freeholders of good judgment upon oath and or otherwise as my Executors and heirs may choose and so divide equally without regard to what I may heretofore have given any or all of them. I will and bequeath to Allen church if alive and does remain alive to the day of my death or the day of the death of my wife if she should live longer than I the sum of one hundred dollars in cash, which sum I will to be raised out of my personal property by public sale at twelve noon, credit to be collected and paid over to him by my Executors as soon as collected. I further will if he, Allen Church, is not alive by the day of my death or the death of my wife if she should live longer than I. I so will and so direct that the above sum of one hundred dollars be not paid to his heirs as I understand they have all forsaken him in his affliction, but remain uncollected and disposed of as I shall further will and direct. I likewise will and bequeath to Elijah Church, my son, the tract of land where he now lives as he is in a state on insanity and his family scarcely provides for him at all. I so will and direct my Executors if he, Elijah, still remains alive at the day of my death and still continues insane and his family does not make better provisions for his support both in food and clothing, I so direct my Executors to rent, lease, or sell, the aforesaid tract of land for his better support. I likewise will and bequeath to the heirs of Joel Church, my son, dec'd, fifty dollars to be equally divided among his lawful heirs as the may become of age after my death, which sum of fifty dollars I do so will and direct should be raised out of my household and kitchen furniture, farming tools, blacksmith tools, or still and furniture, or so much of the above named articles as shall be required to raise the above sum being put to public sale a credit of twelve months and paid to the aforesaid heirs as before directed. As regards Noah Church, my son, dec'd, I have given him property and money until he and myself concluded, he had received over and above an equal portion of all my estate. I am not disposed to make any provisions in this will for his heirs. Likewise, Sarah Vannoy, my daughter, dec'd, I so will and regard her and her heirs. I gave her a liberal portion when she married and after at various times I imparted of my provisions, property, and money to her and aided her in raising her children and helped her pay off her land she died possessed of. I am fully satisfied she has received in her lifetime a full if not more equal share of all my estate. I withhold any allowances to her heirs. I further will all my horses, cows, sheep, hogs, household and kitchen furniture, working tools, blacksmith tools and in a word all my substance which remains undisposed of at the day of my death, or the death of my wife if she should live longer than I, and remain after paying my just debts and the sums I have directed to be raised for Allen and Joel Church heirs. I will and bequeath to my five living heirs first named in this my last will and testament to be divided equally them as I have heretofore directed, and I do of my own free will and choice appoint William Church and Nathaniel Church my lawful Executors of this my last will and testament made by me this 15 day of March in the year of our Lord, one thousand eight hundred and fifty four, to which I have caused my seal to be affixed and set my hand. His Elijah X Church Mark Witnessed by Hiram Gorulingon (sp?) J W Church L A Yates The last Will and Testamnet of Elijah Church, Sr. was found by C J Coats (lawyer) somewhere in his office, Spring term of court in 1879. This will was never probated.