YANCEY COUNTY, NC - WILLS - Jesse Ray, 7 Nov 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. 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: Sandra Allen Fender fender@hci.net ==================================================================== Yancey County Record of Wills Volume #1, page 397 Microfilm # C.107.80001 Last Will and Testament of JESSE RAY I JESSE RAY of the County of Yancey and State of N. Carolina being of sound and reposing mind and memory but considering the Uncertainty of my Earthly Existence do make this my last Will and Testament in manner and form as following, towit First that my Executors hereinafter named shall provide for my body a decent burial suitable to the wishes of my relations & friends and pay all funeral expenses together with my Just debts howsoever and to whomsoever owing out of the money that may first come into their hands as a part or parcel of my Estate. Item I give and devise to my beloved wife ROSEY one hundred and fifty acres of land more or less to be set out by meter and Bounds hereinafter described beginning at the Mouth of the Mill Creek Running up said creek where theline of the old Survey crosses Sams ------ as a line of the Hawkins & Griffith Tract and running East to a corner of a hundred acre Tract known as the Sugar -------- Tract then south with the line of said Tract to a chestnut tree the southwest corner of said Tract Thence East with a line the same tract to a stake a conditional corner marker on a walnut & Sugartree near the bank of the River then with the said walnut & Hickory corner then down the meanders of Caney River to the mouth of the Mill Creek the beginning corner including my mansion house all out houses & buildings and other improvements to have and to hold to her the said ROSEY RAY for and during her natural life in satisfaction and in Lieu of her Dower ----- ---------- and in all real Estate. Item 3 I give and devise to my eldest son JOHN RAY all that tract of land whereon he now lives which I have made him a Deed to heretofore as an advancement to have and to hold to him and his heirs in fee simple forever. Item 4 I give and devise to my second son BARNARD RAY all that tract of land whereon he now lives which I have heretofore made him a deed to as an advancement to have and to hold to him and his heirs in fee simple forever. Item 5 I give and devise to my third son HENRY RAY all that tract of land whereon he now lives also one hundred Acres of land lying on the head of Bankses Creek beginning near the ------ to have and to hold to him and his heirs in fee simple forever. Item 6 I give and devise to my fourth son JAMES BACHUS RAY a part of the Hawkins & Griffin Tract of land lying on both sides of Caney River beginning on a beech at the head of the Briggs field near the bank of the River and runs up the meander of the River to the mouth of the Mill Creek thence up said creek with the meanders of the above to where the line of said tract crosses the same then West to the Corner of said tract thence North running with a line including a fifty acre tract Joining the same to a chestnut Tree the North West Corner of the said Hawkins Griffith tract then East with said line crossing the River to a ------ of Hickories the beginning Corner of the said Survey thence East to a Chestnut tree the North East corner of said Survey thence South with the line of said Survey to a marked conditional line which I made between my two Sons said JAMES BACHUS RAY & CHARLES RAY thence with that line to the beginning on a beech tree to have and to hold to him and his heirs in fee simple forever. Item I give and devise to my fifth Son CHARLES RAY being my youngest son a part of the Hawkins & Griffith Tract and also a part of the hundred acre Tract lying on the East side of Caney River beginning on a beech tree at the head of the Briggs field near the bank of the river runs up the meanders of the same to a white oak & Maple at the point of a Ridge Marked as a conditional corner between CHARLES RAY and POLLY CAROLINE PENLAND thence up the Ridge with the conditional line to a gap in the ridge called the Bradley Ridge where the road passes over the same to a chestnut tree thence West with a line of a hundred Acre tract Including a part of the same to a lineof Hawkins & Griffith tract then with a marked conditional line made by me between the said CHARLES RAY & JAMES BACHUS RAY to the beginning on a beech also fifty acres lying joining the Sugar Cove Tract also fifty six acres lying what is called the Sharp Top Gap also the Dower laid off to my wife ROSEY at her death to have and to hold to him and his heirs in fee simple forever. Item I give and devise to my Eldest daughter POLLY CAROLINE wife of ABSALOM PENLAND all that tract of land on which she now lives and a part of a hundred acre tract bounded as follows beginning on a White oak & Maple a conditional corner between CHARLES RAY and POLLY CAROLINE PENLAND and runs up the River with the meanders of the same to a stake opposite the mouth of a small branch on the opposite side of the river then crossing the river to the mouth of said branch To a walnut & Sugar Tree thence South to a line of a hundred acre tract thence East with that line to the corner of the said hundred acre tract thence to the South East corner of a fifty six acre tract thence north with said line to the River thence down the meanders of the River to the Kelly line thence West to the conditional Corner near the top of the Brushey Hill then down the conditional line down said Ridge to the beginning corner a white oak and maple also one hundred acres of land on the Mountain known as the Widow Turner land to have and to hold to her and her heirs in fee simple forever. Item I give and devise to my second daughter SARAH ANN TELITHIA wife of WASHINGTON ANDERSON all that tract of land where they now live which have made them a deed heretofore as an Advancement to her and her heirs in fee simple forever. Item I give and devise to my third daughter RACHEL F. wife of JOHN CARTER all that tract of Land Joining JOHN & BARNARD RAY it being the Tract I gave her as an Advancement which they conferred to JOHN RAY by my consent valued at Eight Hundred and seventy five dollars to have and to hold in fee simple forever. Item I give and devise & bequeath to my said beloved wife ROSEY two good horse beast her choice of all my Horses at the time of my death also four cows & calves her choice and twenty five head of hogs her choice twelve head of sheep her choice all the household & kitchen furniture Except two beds and furniture for my youngest Daughter also Seven hundred dollars Including the money coming to her from her fathers Estate. Item I give and bequeath to my youngest Daughter MARTHA LOUISA now about ten years old two beds & furniture and also one Negro girl named JANE about fourteen years old. also a side saddle to be worth ---- Dollars to be hers absolute forever also five hundred and fifty acres (rest of line unreadable) Item I give and bequeath to my fourth son JAMES BACHUS RAY one small horse which he now claims three years old also all the stock cattle which he now claims also all the hogs that he now claims & their increase and two good bedsteads and chest one saddle & bridle all to be his & at his disposal absolute forever. Item I give and bequeath to my youngest son CHARLES RAY one gray mare two years old also one sorrel colt two years old and all the stock cattle & hogs which he now claims & one chest Saddle & Bridle with the Increase of this stock to be his own and at his disposal forever. Item My Will and desire is that all the residue of my Estate if any after taking out the Dower & Legacies above mentioned shall be sold and the debts owing to me be collected and if there should be any Surplus over and above the payment of debts ------ and legacies that such surplus should be equally divided and paid over to my children in equal proportion share & share alike to them and each & every of them their Executors, Administrators and assigns Absolutely forever with the understanding that my Executor is to have reference to a book in which I have charged my children with all the advancements made to them now it is to be understood that my desire to that all my children shall be made equal according to the charges made by me in said Book Then the residue of my Estate to be divided as above named and lastly I do hereby constitute and appoint my two eldest sons JOHN RAY & BARNARD RAY My lawful Executors to all intents and purposes to Execute this my last will & testament according to the true interest and meaning of the same and my -------- and ----- thereof hereby making and ------- utterly void all other wills and Testaments by me heretofore made. in Witness whereof I the said Jesse Ray do herewith set my hand and seal this 7 day of November 1854 JESSE RAY, with his mark (x) Signed Sealed and attested by the said Jesse Ray to be his last will and testament in the presence of us who at his request and in his presence do subscribe out names as witnesses thereto J. W. McElroy Cas. McPeters -. -. Ray, with his mark (x) CODICILL I JESSE RAY named as the testator in the within named will do hereby make this Codicill ----- ----- I do order and direct shall be taken as a part of my --------- last will and Testament and which Will in all respects excepting where It is altered and changed by this codicill I do hereby ----- & ------ my desire is that before the residue of my perishable property is sold and distributed among my children as set forth in ------ I ------ of the within will that my Executors therein named shall immediately after my decease have three good, Free hold citizens of the county to lay off one full years provisions for all my family who may be living with me at the time of me decease out of any of the ------- Property or money on hand at the time of my death. In Testimony whereof I have hereunto set my hand & seal this 1st day of January 1855. JESSE RAY, by his mark (x) Signed Sealed Published & Declared by the said Jesse Ray to be a codicill or part of his last will and testament in presence of us who at his request and in his presence do subscribe our names as witnesses J. W. McElroy S. W. Ray, by his mark (x)