YANCEY COUNTY, NC - WILLS - Thomas Gardner, 27 Jul 1857
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Last Will and Testament of THOMAS GARDNER

Recorded in Yancey County Settlements of Estates, wills, inventories and 
accounts, 1855-1869 Vol. 1A From Microfilm #C.107.50011

I THOMAS GARDNER of the County of Yancey and state of North Carolina being of 
sound mind and memory but considering the uncertainty of my Earthly existence 
do make and declare this my last will and Testament in manor and form 
following, that is to say that my Executor hereinafter named, shall first 
provide for my body a decent burial according to the wishes of my relatives 
and friends, and pay all funeral expenses together with my just debts 
howsoever and to whomsoever owing out of the moneys that may first come into 
there hands as a part or parcel of my Estate.
ITEM I give and devise to my beloved wife CHRISTIAN one tract of land lying on 
Haw river in McDowell County and state of North Carolina. Containing one 
hundred and seventy five acres more or less, also ninety five acres and ten 
poles lying and being in said county of McDowell and state aforesaid known as 
the McKison place or Tract of land. the first named Tract be the tract of land 
on which she lived and which she owned at the time of our marriage and the 
second is the one I purchased from Isaac ______ since our marriage to have and 
to hold all my Right title and Entrest in and to said lands to her and her 
heirs forever in satisfaction for and in lieu of her dower and thirds of and 
in all my Real Estate also I give and bequeath to my wife CHRISTIAN two
hundred dollars in cash and two horse beast to be worth one hundred and fifty 
dollars both or if she prefers one horse beast to be worth that some, three 
cows and calves her choice out of my stock and all her household and
kitchen furnature which she brought here after her marriage with me which 
money and property is in satisfaction of and in lieu of her years provision 
after my decease and I also give and bequeath to her five negros towit: 
PHILLIS, a woman aged about thirty five years and MARY, ALEXANDER, ELIJAH, as 
well a boy the youngest about two years old its name not known. all being the 
children of the said woman PHILLIS. With all the Increase of the said Negros 
to have and to hold all my Rights Title and Interest In and to said Negros, 
to her and her heirs Forever. All the above devises and bequest are to be 
Delivered In to her possession and _____ to her by my Executors provided she 
will _______ my Executors in full against all claims on my Estate Real and 
Personal. But if she my said wife, CHRISTIAN shall refuse to be content with 
the portion laid off and here in assigned her by me out of my lands and goods 
and shall commence suit against my Estate then my Executors shall proceed to 
sell the above named Family of Negros and the two tracts of land devised to 
her in McDowell County and also the horses cows calves and furniture 
Bequeathed to her and every item of chattel property and shall devide the 
proceeds arising from the sale and also the two hundred dollars in cash 
equally among (my heirs) the balance of my heirs, the grand children of 
________ whose parents my sons, or daughters are Deceased to represent _______ 
deceased child and share of their Father or Mother if living would ________.
ITEM I give and devise unto my Eldest son WILLIAM GARDNER ______ on which I 
now live which has not heretofore _________ to have and to hold to him and his 
heir forever. I also give and bequeath to my Eldest son WILLIAM GARDNER one 
negro boy named ALFORD about twenty one years old. and one negro woman named 
POLLY about thirty eight years old and her child a small girl named MALISSA 
about five years old to have and to hold to him the said WILLIAM GARDNER and 
his heirs forever.
ITEM I give and bequeath to the five orphan children of my son JACKSON the 
heirs of his body towit: 
THOMAS, GEORGE, HANNAH, WILLIAM and SAMUEL GARDNER one Negro woman named EDE 
about thirty two years old and negro boy named NELSON about nine years old and 
her youngest child SARAH about two weeks old with all her increase from the 
present time to have and to hold to them and their heirs forever. if any of 
the five children die before reaching the age of twenty one years the Enterest 
of the child or children so dying shall pass over to the surviving unless such 
child or children so dying shall have been married and have heirs of his or 
her body in which case such issue shall inherit.  
ITEM I give and bequeath to my third son GARRETT D. GARDNER one negro Boy 
named GOODSON about ten years old also one boy about six years old named JESSE 
and one negro girl named MARGARET about six years old to have and to hold to 
him and his heirs forever.
ITEM I give and bequeath to my youngest son JOHN BALIS GARDNER one negro boy 
named GEORGE about sixteen years old and a negro girl named REBECCA about 
thirteen years old and one small negro boy a child of EDES named MILTON about 
two years old to have and to hold to him and his heirs forever.
ITEM I give and bequeath to my Eldest Daughter RUTH BANKS one negro girl named 
JANE about nineteen years old and also her child a boy about two years old 
named LEWIS? and also another child an infant name not known with all the 
increase from the present time to have and to hold to her the said RUTH BANKS 
and the heirs of her body forever. I also confirm the gift of a boy named 
HENDERSON since desposed of by my consent to my said daughter RUTH BANKS and 
notifi the disposition.
ITEM I give and bequeath to my second daughter BETSY BAKER one Negro woman 
named HARRIETT about twenty one years old and her two children ADOLPHUS and 
HESTER together with all the increase from the first day of January 1857 to 
have and to hold to her my said daughter BETSY BAKER and the heirs of her body 
forever.
ITEM I give and bequeath to my third Daughter NANCY SAWYER and her children 
one negro woman named EVELINE about eighteen years old and one negro boy named 
CHARLES about fourteen years old and the increase of said negros from the 
present time to have and to hold to her and her children forever.
ITEM I give and bequeath to my fourth daughter PHEBE WILSON one Negro man 
named SANDERS provided I do not put a girl in his place during my life. The 
boy SANDERS about Twenty years old to have and to hold to her the said PHEBE 
WILSON and her children for ______. I also give and bequeath to her son THOMAS 
BAKER, son of ___________ deceased Sixty dollars in money or a young horse 
beast worth Sixty dollars to have and to hold to him and his heirs forever.
ITEM I give and bequeath to my youngest Daughter SALLY ROWLAND one negro woman 
named MILE about twenty _______ ______ named JOHN about seven years 
old________ SALLY ROWLAND and her heirs forever.
It is my will and desire that my Executors shall pay out of my money on hand 
and out of the first money collected in notes Due me two hundred dollars to 
each of my daughters RUTH BANKS, BETSY BAKER, NANCY SAWYER, PHEBE WILSON and 
SALLY ROWLAND and to the last SALLY I give & Bequeath In addition one Bureau. 
It is also my will and desire that my Executors shall pay out of the money on 
hand at my decease and out of the first money collected by them in their 
characters of Executors One Hundred dollars to Each of my son JACKSONS 
children THOMAS, GEORGE, HANNAH, WILLIAM and SAMUEL. It is further my will and 
desire that each of my sons WILLIAM, GARRETT and BALIS Receive out of any 
money on hand at my decease or collected on notes or arrising from sales Five 
Hundred dollars each.
ITEM My will and desire is that all the Residual of my estate (if any) after 
working out the Devises and Legacies above mentioned shall be sold and the 
debts owing to me all collected and if there should be any surplus over and 
above the payment of debts Expenses and Legacies That such surplus should be 
equally divided and paid over to my children and the children of my son 
JACKSON decd. in the manner following. The entire surplus to be devided into 
Eight parts. One Eighth to each of my sons GARRETT, WILLIAM AND BALIS. One 
eighth to each of my daughters BETSY BAKER, NANCY SAWYER, PHEBE WILSON and 
SALLY ROWLAND and one eighth to the five children of my son JACKSON decd. 
THOMAS, GEORGE, WILLIAM, HANNAH and SAMUEL to them and each of them there 
Executors Administrators and assigns absolutely forever Shares to my five 
grand children above named to be taken care of for them by there guardian 
appointed or to be appointed and to be paid to them Respectively at there ages 
of twenty one or marriage. 
It is also to be understood that it is my will and desire that if any of my 
heirs to whom I have Devised Land or bequeathed money or property shall 
dessent from this my last will and testament and publicly declare that they 
are dissatisfied with the same or make any attempt to go to law or commence 
suit Relative to my Estate that Executors hereinafter named shall at once 
shall proceed to advertise all the property Bequeathed to each heir or heirs 
and sell the same in twenty days and divide the money arrising from such sale 
and also all and any money bequeathed to such heir or heirs among the balance 
of my heirs acquceasing in such will. It is further my will and desire that 
Each and Ever of my heirs and Legatees shall on Receiving his or her portion 
give to my Executors a Receipt for the same.

I THOMAS GARDNER do hereby constitute and appoint my three sons WILLIAM 
GARDNER, GARRETT D. GARDNER, JOHN BALIS GARDNER and my son in law Thomas W. 
Baker my lawful Executors to all intents and purposes to execute this my last 
will and testament according to the intent and meaning of the same and Every 
part thereof _______ declaring uterly void all other wills and ______ 
heretofore made in witness where of I the said THOMAS GARDNER do hereunto set 
my hand and seal this the 27th day of July 1857

				THOMAS GARDNER (seal)

Signed sealed Published and declared by the said THOMAS GARDNER to be his last 
will and Testament in Presents of us who at his request and in his presents 
and the presents of each other do subscribe our names as witnesses thereto.
R. DON WILSON
N. HORTON
L. D. HORTON

Proven by L. D. Horton and Nathan Horton