YANCEY COUNTY, NC - WILLS - Thomas Lee Ray, Jr. ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Marshall Styles marshallstyles@yahoo.com ==================================================================== Contributor's Note: The Last Will and Testament of Thomas Lee Ray, Jr., Yancey County, Will Book 1. (After his father died, this Thomas, Jr., became known as Thomas, Sr.). Also, his estate records from the North Carolina State Archives in Raleigh. Transcribed by Marshall L. Styles, marshallstyles@yahoo.com "The Last Will and Testament of Thomas Ray, Sr., deceased, State of North Carolina, Court of Pleas and Quarter Sessions, Yancey County, July Term 1843. Present and presiding, the worshipful Levi Chandler, Charles Byrd and Ishom Woodard, Esquires. "William Ray and Henry Ray the executors of the Last Will and Testament of Thomas Ray, Sr, deceased, present the same to the court upon the oaths of William J. Lewis and Calvin Edney, the subscribing witnesses thereto, and the executors William Ray and Henry Ray were duly sworn as such and the court orders that letters testamentary issue to the said Executors. The Will is in the words and figures following, to wit: "In the Name of God Amen. Thomas Ray Sr. of the county of Yancey and the state of North Carolina being sick and weak of body, but of sound and disposing mind, memory and understanding, considering the certainty of death and uncertainty of the time thereof to the end that I may be better prepared to leave this world, when it shall please my God to call me hence, have no determined to direct what disposition shall be made of my property after my decease, and after considering the circumstances and condition of all those among whom as my heirs at law or the objects of my gratitude or affection in my judgment, my estate shall be distributed I do make, publish and declare this to be my last will and testament, hereby revoking and making null and void all former last wills and testaments and writings in the nature of last wills and testaments by me here-to-fore made. "First, after my decease my body shall be decently buried without obstentation or unnecessary expense and my funeral charges and just debts shall be paid by my executors after named. As to the residue of my estate and property with which God has blessed me and which shall not be required for the payment of debts, funeral charges and the expense in and about the execution of this my will and the administration of my estate, I give devise, and dispose thereof as follows, to wit: "Item 1. I give and devise to my eldest son James Ray the lands on which he now lives, likewise one other tract on which Robert Austin now lives, adjoining the lands on which James Ray now lives, likewise two fifty acre tracts and one thirty acre tract, the three last including the improvements where John Wheeler formerly lived, likewise including the sugar camp and extending to the Low Gap, likewise another fifty acre tract adjoining his own lands and on the Pig Pen Branch. Likewise one other tract known as the Gilbert Place on the waters of Crabtree, to have and to hold to him and his heirs in fee simple forever. "Item 2. I give and devise to my second son Joseph Ray the tract of land where he now lies, likewise one other tract on which Charles McPeters holds a least adjoining the first named tract, likewise two other small tracts adjoining the first named tract and extending up to the lands bequeathed to Jesse Ray, likewise one other thirty two acre tract adjoining the lands devised to him and James Ray and lying on Bolens Crick to have and to hold to him the said Joseph Ray and to his heirs in fee simple forever. "Item 3. I give and devise to my third son Jesse Ray the lands where William Ray and Henry Ray now lives, likewise one other tract known by the name of the Bee Gum Flat tract, likewise one other tract known as the Sugar Cove tract all of which to have and to hold to him the said Jesse Ray and his heirs in fee simple forever. "Item 4. I give and devise to my fourth son William Ray a portion of the Greenlee tract of land where I now live, that is to say that portion west of Hintons Mill Crick and on both sides of Cainey River. Likewise one other tract known as the Anglin tract and joining the last named tract. Likewise the lands I purchased of Joseph Shepherd and joining the said Greenlee tract, all of which to have and to hold to him the said William Ray and to his heirs in fee simple forever. "Item 5. I give and devise to my fifth son Henry Ray that portion of the Greenlee tract whereon I now live lying south of Cainey River and on the east side of Hintons Mill Crick and including the improvements where I now live. Likewise two tracts adjoining the same and known as the Barnett tract or Mill Place, to have and to hold to him the said Henry Ray and his heirs in fee simple forever. "Item 6. I give and devise to my youngest son Hiram Ray all my lands on the Cattail Fork and Rocky Fork Branches of Cainey River. Likewise one fifty acre tract a portion of which Samuel McPeters is cultivating. Likewise two other fifty acre tracts adjoining each other and joining the first named fifty acres a portion of the two named tracts, all in cultivation by Leander Ray, to have and to hold to him the said Hiram Ray and his heirs forever. "Item 7. I give and devise to my only daughter Rhoda Wheeler the wife of [Rev.] John Wheeler, the tract of land on which the said Wheeler now lives, containing three hundred twenty or twenty five acres. Likewise one large tract adjoining the above named tract and on the waters of the Elk Fork of the Cainey River, containing two thousand acre and likewise one other tract of one hundred acres and adjoining the large tract all of which lands I give and bequeath to my said beloved daughter Rhoda the wife of John Wheeler and to her bodily heirs, that is to say Lucinda the wife of Nathan O. Allen, Thomas Ray Wheeler, Elizabeth Elvira Wheeler, Dorcey Carolina Wheeler, Susan Wheeler, Clarissa Wheeler, John Henry Wheeler, Sarah Paulina Wheeler and Minerva Jane Wheeler, to have and to hold to them in fee simple forever. "Item [8]. I give and devise to Nathan Boon alias Nathan Ray a bound boy to me Thomas Ray Senior until he arrives at the age of twenty one years who is now about the age of sixteen years, one fifty acre tract of land on the waters of Cainey River adjoining the Newman place and the lands of Hiram Ray, to have and to hold to him the said Nathan and to his heirs forever. "Item [9]. Whereas the above named Nathan Boon alias Nathan Ray will not be of full age until the 20th day of August in the year of our Lord one thousand eight hundred and forty eight, now therefore my will and desire is that my son William Ray is hereby constituted and appointed guardian of the before named bound boy Nathan Boon alias Nathan Ray to have and to hold the custody and guardianship of his person and estate until the said Nathan shall arrive at the full age of twenty one years. "Item [10]. I give and bequeath to my sons James Ray, Joseph Ray, Jesse Ray, William Ray, and Henry Ray all my negroes to be equally divided among them share and share alike, and if they cannot agree as to the portion themselves my will is that they jointly select some two or more persons to divide them equally between the same to be theirs and at their disposal forever. "Item [11]. I give and devise to my sons James Ray, Joseph Ray, and Jesse Ray all of the residue of the lands belonging to me that is not heretofore disposed of, to be equally divided among them to have and to hold to them the said James, Joseph, and Jesse and to their heirs in fee simple forever. "Item [12]. My will and desire further is that all the residue of my estate after taking out the various portions heretofore set apart for the Legatees and persons therein named consisting of horses, cattle, hogs, and sheep with all the notes, bonds and accounts belonging to me shall be equally divided share and share alike between my sons to wit, James Ray, Joseph Ray, Jesse Ray, William Ray and Henry Ray to have and to hold to them and their heirs forever. And I do hereby constitute and appoint my two sons William Ray and Henry Ray my lawful Executors to all intents and purposes to execute this my Last Will and Testament according to the true intent and meaning of the same and every part and clause thereof by revoking and disclaiming as utterly void all other wills and testaments here to fore by me made. In witness whereof I the said Thomas Ray Sr. to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto. {Signed} Thomas (his mark "T") Ray. Witness, William J. Lewis, Calvin Edney." [Of those mentioned in the above will, Thomas Lee Ray, is my 3rd great grandfather, his son William Ray, my 2nd great grandfather. Robert Austin, is my 3rd great grandfather, Calvin Edney is my 2nd great grandfather. William Jones Lewis, who married Cecelia Wilson, was a brother-in-law of Calvin Edney, who married Lucinda Wilson. The Wilson ladies were daughters of Edward Wilson, my 3rd great grandfather.... M. Styles] Following is a recap of the inventory of the estate of Thomas Lee Ray, as taken by his sons, William Ray and Henry Ray, as executors. Those persons owing money to the estate would appear to give a fairly good census record, as well as a who's - who of Yancey County for the early to mid 1840's: "State of North Carolina, Yancey County. Court of Pleas and Quarter Sessions, January Term 1844, being the 12th day of January} The following is a copy of an inventory returned into Court by William Ray & Henry Ray, Executors of the Last Will and Testament of Thomas Ray, Senior, deceased, to wit: "NEGROES: Milley age 35 years; Rachel, 22 years; George 21; Lena 24; James 18; Bob 16; W. Hinson(?) 16; Isabel 13; Suckey 15; Nate 12; Lewis 12; Nea 11; Sol 9; Squire 9; Clayton 8; John 8; Sam 8; Lewis 7; Polly 7; James 4; Anny 3; Linda 16 [Total 22] "1-1/2 peck salt; 67-1/2 bushels Rye; 2 bells; 3 currying knives; 2 augers; 1 gimlet; 12 pea ___; 31 lbs bacon divided; 10 dollars worth of leather divided; farming utensils divided; 10 yards white cloth divided between Jesse Ray & Joseph Ray at 62-1/2 cents per yard, one half of which is to be paid back to Henry & James Ray; 100 lbs wool divided; cooking utensils, chains, jugs, cogs, plates, knives & forks, etc., all divided; 6 quire of paper divided; all the thread divided and all the boxes and household furniture, all the beds divided; 35 stands; 90 head of hogs divided & all the interest of the out hogs (?) all divided; sulphur divided; all the crops of every thing and 39 head of sheep divided to satisfaction; Blacksmith tools all divided; all old corn and balance of bacon divided; 38 head of cattle; 1 clock; 1 rifle gun; 1 churn; 1 basin; tin cup; pan gears; 1 saddle; 32-1/2 pounds bacon & plow molds; 1 broad ax; 1 pair fire doggs; one fire shovel; cotton cords; 1 keg honey; 1 saw; 1 bridle; 1/2 quire paper; 50 cents worth ammunition; 3 bushels corn; 4 pocket books; 36 head horses; 2 mules; 1 jack; 1 lot leather; 4 axes." "GOOD DEBTS [due at various dates between 1828 and 1843, in round dollars, excluding interest due on notes]: Adniram Allen [father of Mary Allen, wife of Clemuel Arrowood] $13; Joseph Allen $14; Nehemiah Blackstock $8; Arch & Barnett Blankenship $16; Lewis Briggs $77; William Briggs & George Byrd $2; Charles Byrd $45; John Byrd $4; Gabriel Coatz $1; William Dickson $8; William Duggar [related to mother of Dr. Benjamin B. Whittington?] $20; John Edwards $7; Moses Evans $40; William Gardner $13; J.N. Garland $25; Ansel George $8; John George $24; Wade Hampton [not the Confederate general from South Carolina] $13; Fielden Hensley $10; Silas A. Hensley $5; James Higgins $8; Elisha Honeycutt $7; Henderson Honeycutt $4; Moses J. Honeycutt & Samuel Byrd $3; Sampson Honeycutt $5; Reggie Jervis $3; Preston Jones $30; Preston Jones & M.L. Penland $5; John Ledford $12; J.N. McElroy $104; John McElroy $57; James McElroy $2; Charles McPeters $122; George E. McSon 60; Robert Patterson $1; Absalom Penland $10; H.W. Phillips, Meredith Phillips & Samuel Byrd $7; James Wilson Piercy $41; Turner C. Proffitt $40; William Proffitt $34; John Radford $3; James Ray, Sr. $424; Jesse Ray $419 [deducted from assets]; Joseph Ray $15; Joseph Ray & Nathan Horton $3; Joseph Ray & W. Ledford $38; Leander Ray $32; S.M. Ray $338; Jesse Rice $6; John Rice $25; Benjamin Riddle $27; Piner Roberts $2; B.S. Smith & J. McElroy $11; James A. Wilson $17; James Wilson $18; Samuel Wilson $5; Thomas Wilson $12; Thomas Wilson, Sheriff $20 [deducted from assets]; William Wilson $27; Joshua Young $63; Amount to Jesse & William Ray $200 [deducted from assets] The following persons are listed either under "DOUBTFUL" or "DREADFUL BAD" debts, dating from 1819: Benjamin Allen, John I. Allen, Joseph P. Allen, William Allen, Jesse C. Anderson, Joseph Anderson, William D. Anderson, Daniel Angel, James Angel, William Angel, William Anglin, Robert Austin [my 3rd great grandfather] $3, Andrew Banks [my 2nd great grandfather] $68, John Banks, Sally Barnard, Richard Bell, Russel C. Beaver, Isaiah Biddix, Jesse Biddix, Alex Blankenship, Arch Blankenship, Barnett Blankenship, Enos Boon, Israel Boon, Thomas Boon, Cath Bowman, Asa Bradby, Isaac M. Bradby, Samuel Bradford, Alfred Briggs, Phob Briggs, Asa Brigman, David Byrd, George Byrd, Jr. , William Byrd, William L. Caldwell, William Calloway, Abram Carter, Elizabeth Deyton, Calvin Edney [my 2nd great grandfather] $18, Edmond Edwards, George Edwards, John R. Edwards, Stephen Edwards, William Edwards, Alanson Elkins, James Evans, Joseph Ferguson, Henry Franks, John Gardner, John George, John (Jack) Griffith, John Hampton, William Harris, Thomas A. Hearnston, Andrew Hensley, Banister Hensley, Benjamin Hensley, Berry H. Hensley, Henry Hensley, James B. Hensley, John B. Hensley, Lawrence Hensley, Lewis Hensley, W.C. Hensley, Wallis Hensley, William Hensley, William M. Hensley, John Higgins, John Higgins, Jr., Obediah Holcombe, William Holloway, Isaac Holyfield, Jacob Honeycutt, John Honeycutt, M.J. Honeycutt, Moses Honeycutt, Peter Honeycutt, Sampson Honeycutt, Samuel Honeycutt, Uriah Honeycutt, Mac Horton, Nathan Horton ($1,848); Zephaniah Horton, John Hughes, Elijah Hunter, Elijah & Mary Jervis, Joel B. Jervis, Alfred Jones, William Jones, Alfred Ledford, Samuel B. Ledford, Theodore Ledford, William Ledford, Joseph Letterman, Joseph Letterson, Jesse Lewis, William Jones Lewis, David McCanless, James McCurry, Herman McFalls, James McFalls, John McEntush McIntosh], Arch McMahan, Wilson McMahan, Hiram Metcalf, Stephen Parker, John Pate, John R. Patterson, W.B. Patterson, M.L. Penland, William E. Piercey, George Phillips, Nehemiah Phillips, S.L. Phillips, William Phillips, Jacob Phipps, Kindred Phipps, Seaborn Piercy, Joseph Ponder, Henderson Poteet, James H. Poteet, Thomas Poteet, John Proffitt, Joseph B. Ray, Joseph L. Ray ($271), S.M. Ray, James Riddle, Nathaniel Riddle, Benjamin Roberts, William Roberts, Samuel Robertson, Isaiah Robeson, Jacob Robeson, Samuel Robeson, Wyatt Robeson, William Rowland, James Runion, Gabriel Sams, John Sams, Joseph Shepherd, Sr., Joseph Shepherd, Jr., John Silver, Pleasant Thomason, Jacob Tipton, G.W. Tucker, Joseph Tucker, William Vickery, W.B. Westall, John Wheeler $296, Malcolm Wheeler, Joseph Williams, Pitman Williams, John Wilson, John Wilson, Sr., Thomas Wilson, S.H. Wright, Swinfield Wright "In Testimony whereof we William Ray & Henry Ray, executors as aforesaid, have hereunto affixed our hands, {Signed} Wm. Ray, Henry Ray. Sworn to in open court before me January 12th 1844, J.W. Garland, CSC"