Wayne County, NC - Will of Joseph Everett, 1836 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NC Archives – Wills - CR 103.801.2 Recorded November, 1836 Court In the name of God Amen - I Joseph Everitt of the State of North Carolina and County of Wayne being weake of body but of a Sound mind and memmory and Knowing the mortality of my boddy and that its appointed for all men wonst to die do make and ordain this my last will and testament this 27th day of September in the year of our lord Eighteen hundred and Thirty Six Vizt First I give and Recommend my soul in to the hands of god that give it and my boddy to its mother dust and as touching Such worldly Estate where with it hath pleased god to bless me with in this life I give and devise and dispose of the Same in the following manner and form Itum the first I loan to my beloved wife Anney during her nachural life the Pickern Tract of Land a bout Two hundred acres including the following fields that is to say all lands on the South Side of Stoney Run with its improvements Except the Umphry Liley and Beard Lands and the Mill and Two Acres of Puvelege land on west side of the mill a bove and below the mill also the following negroes namely Jerrey Mary Washington Joan Sopha Daniel Edwin Michael Saul Latty Cuff Jacob and Clowey also Five head of Horses including my riding mare and coalt and Three more her choice Five cows and calves Eight Sows and pigs Six Ews and lambs one third of my corn pees and Potatoes Five Stacks of Fodder also I lend all my Household Fernature during her nachural life then to be Equally Divided between my daughter Jane and Son David all my Kitchen fernature to my wife also as much Porke or Bacon as my Executors may wish one yoke of my young steers also three other negro children namely Holladay Peggy and Barna Itum 2nd I loan to my beloved Son David Everitt the tract of Land where on I now live Beginning on the River at the mouth of Stoney Run Then up the meanders of Said Run to Two white Oakes near the corner of the Pickern field Then with a line of marked trees to a corner a Post oake and sweet gum at the corner of the Fence that divides the new ground and Pickeron Field that Stands in the old path Thence with that fence and path to the Road then down and with the Road to the branch Then up the meanders of Said Branch to the mill including the mill and two Acres on the West Side for the use of the Mill Then up the meanders of the Mill Pond on the West Side near the high ground to the Big marsh Then to the Run then up said Branch to the mouth the Flag Branch Then up the meanders of the Flag Branch to the head near the Road Thence from the head of said Branch a Straight line to a pine or Post Oak and cross the Road a bout twenty Steps and cornering at said pine and Post oake in the head of the Herricane Branch Thence a Strate line to the middle prong of Mileses Marsh and corner near the path called Beards Old Road Then runs in the western Prong of Mileses Marsh a bout twenty Steps below the path to Polly Overmans Thence down the said marsh to John Coxes line Thence with his lines to a pine in the head of a bottom Isham Edwarses corner near the big path Thence with Coxes lines to a pine near the head of the Wild Cat Branch Thence with Coxes lines to the Road Thence with West lines to Probet Colliers New Road Then down the Road to my line Thence with West and George Colliers lines to Carraways Creeke Then down the various courses of said Creek to the River Thence up the River to the Beginning containing a bout Two Thousand and Seven hundred and Fifty acres of Land be the same more or less to him and his use and Bennifit during his nachural life and Further Provided my Son David Should die and leave no lawfull heir Then the a bove named Tract of Land to goe to my Daughter Jane Smith Provided She pays or causes to be paid the following Sums To the heirs of Sally Kennedy Two Thousand Dollars To The heirs of Marry Everitt Two Thousand Dollars To Nancy Smiths heirs Two Thousand Dollars and to the heirs of John Everitt one Thousand and Five hundred Dollars all of the above named Sums to be paid within Four years after taking in possession the a bove named Tract of Land Provide my Son David Should live to have a lawful heir I then in Such case give and bequeath unto him my Son David Everitt his heirs and assigns for Ever the afore mentioned tract of land as in this Itum was first loan to him to gether with all its improvements and located as under the Loan Also a Horse called Charley also one half of all my house hold and Kitchen Ferniture that I have lent my wife also Five cows and Calves Eight Sows and Pigs Itum 3rd I give and bequeath unto my beloved daughter Ann Jane Smith The Lands lying on the west Side of Stoney Run Beginning on the River at the mouth of Stoney Run and Runs with her Brother Davids as its various courses to the back line Thence with the back line to the west prong of Mileses Marsh then down the Same to John Coxes line Thence with his line to the Big path Then to Thomas Kennedys corner Thence with my line near Bradberries Branch Thence with Thomas Kennedays line to a corner near the meeting house Thence down the Road to Henry Apple Whites path Thence with the path, Known by the name of David McKinnes path, to the marsh Thence across the marsh to Henry Aple Whites corner Thence with his line Through the marsh of the Lake to his and Slocumbs corner a Black gum Thence with Slocumbs line to a Stake Slocumbs corner Thence with Slocumbs line to Bradberries Branch Thence up the meanders of the Branch to the Branch pasture Thence with Slocumbs line to Brads Branch Thence up the meanders of said Branch to Slocumbs corner Thence with Slocumbs line to his and Philip Hookses corner on the Road Thence with Hookses line to his corner a Stake in the field Thence with his line to a corner pine in a Pocoson Thence with his line to a corner pine on the old road Thence with his line to the River Thence down the River to the Beginning Containing a bout Twenty Eight hundred acres of Land Be the same more or less To have and to hold to her and her heirs and assigns forever Also Two hundred and Fifty Dollars for Planke & Scantlin and Tables Itum 4th I give and bequeath to my beloved Daughter Nancy E. Smith the Lands being on the South side of Neuce River and on both sides of Buck Swamp in Several tracts Vizt the Solomon Thomas tract a bout Three hundred and twenty acres lying on the north side of Buck Swamp a Joining Christopher Ezekeel and the heirs of Henry Hollomons line and others this William Thomas Say - One other tract of Land on the South Side of Buck Swamp it being the land that Willis Martin Deeded to me for a bout one Thousand acres also the Lewis C. Pender tract ajoining said Martin Tract for a bout Forty Seven acres one other Tract that Rachel Elmore Deeded to me for a bout Forty Seven acres also one other Tract lying on Bushes Branch that Nancy Otridge Deeded to me for Four hundred acres also one other Tract of Land lying on Both Sides of the Beaver dam Branch known by the name of the Robert McKinney Tract Including a part of the Westbrook Land Vizt to make the Road the line from the Cross Roads Tract of Land To the Musgrave line Then with the said Musgrave lines to Falling Creeke Containing a bout Six hundred and Sixty acres also on other Tract whereon Sarrah McKinne now lives containing a bout Two hundred Acres also the William Thomas Tract on Buck Swamp containing a bout Four hundred and Sixty acres joining the Solomon Thomas Tract and others which Sally Kennedy will pass a Deede to her Sister Nancy for as I wonst Deeded it to her and cince bot it Back and neglected to take a Deede to have and to hold all the afore named Tracts of Land with all there improvements To have all the afore said to her heirs and assigns for ever also the sum of one hundred and Fifty Dollars Itum 5th I give and bequeath to my beloved Daughter Mary Everitt my lands lying on Falling Creeke Vizt Charles and Elisha Pipkin Tracts and all my lands a Joining of them containing a bout nine hundred acres also a part of the Stewart Pipkin Tract That James Everitt now has in possession Containing a bout Eight hundred and Forty acres also the Richard McKinne and William Fellows Tracts containing a bout one Thousand acres of Land also the James Westbrook and Musgrave Lands that lies on the North Side of the Road say Eight or Ten Acres near the field Runing with the Road to Musgraves line Then with Musgraves line to Falling Creek Thence down the meanders of the Creeke to the River Then up the River to Whitfields Corner near the old Salt house Then out to the newbern Road also Two other Tracts The Mathew McKinne old Mill and The James Barbey Land a joining the mill containing a bout Three hundred and Forty acres The Whole Containing a bout Thirty Five Hundred acres of Land be the Same more or less to have and to hold to her and to heirs and assigns with all its improvements for Ever Itum 6th I give and bequeath to my beloved Daughter Sally Kennedy my lands lying in the Forke of Neuce River and Little River and on both Sides of the Beaver Dam Swamp Vizt The Silas and David Jernagan Tracts containing near Six hundred acres of Land also all my William Coor Lands and the Lands I bought of Lewis C. Pender and all my Pocoson and Pocoson Branch Land also my John Hamiton and Butcher Tracts one of which lies in the Edge of Johnston County containing a bout Five hundred Acres in the Three last named Tracts also the Philip B. Raiford Tract on Little River also Nathan Small Joseph Arnold and Richard Sanders Tracts lying on the South side of Nawhunty and all my land that lies a Joining of John Kennedys that I have not Deeded him also the Thomas and Jesse Coor Land Including the whole of my lands I am possest of in the Forke of Neuce and Little River To have and to hold all of the afore named Tracts of Land with its improvements to her and her heirs and assigns forever Itum 7th I give and bequeath to my beloved Son John Everitt the Stephen Jernagan Tract of Land lying on the North Side of Neuce River and on both sides of Stoney Creek Supposed to contain a bout Eight hundred and Fifty acres of Land be the same more or less To have and to hold the a bove mentioned Tract of Land with its improvements to him and his heirs and assigns for Ever also a bout Seventeen hundred acres I Deede to him Itum 8th I give and bequeath to my beloved Nece Mary McKinney Five Hundred Dollars to be paid by my Executors within Three years from and after the Probate of this my will Itum 9th I give and bequeath to my beloved Friend William Fellow now of the State of Tennessee to his children Four hundred Dollars to be payed by my Executors within three years from and after the Probate of this my will Itum 10th I do hearby authorize and Direct my Executors to Sell the Following Tract of Land on a credit of one Two and Three years Vizt The John Everitt Tract of Land Lying on the Newbern Road a Joining of the Lands of Sampson Lane John Hamilton and W. Lanes containing a bout Two hundred and ninety acres be the same more or less also one other Tract in Sampson County bot at Sheriffs Sale calld Bull Pocoson wich I have Sheriffs recpt for Itum 11th Its my will and desire That the following named Negroes be liberated and Fereede from and after one year after the Probate of this Will by my Executors and to be taken care of by them for Thair meritorious Services Rendered to me during my life Sall Stephen and Phillis Itum 12th I loan to the care of the Contentney Meeting of Friends the following named Negroes Vizt Philip Jams Charles Dinah Julian and her children Itum 13th I wish my stock of Books to be equally divided amongst my children Itum 14th I do hearby authorize and Direct my Executors as Soon as may be practable from and after the probate of this my will to Sell on a Credit of Twelve months with Interest from the date all my Stock that I have not heartofore givin a way I wish my Executors to take charg of my crop and Stock at my Decease and carry them on to the Season of Fattening and then fatten all thats advisable to fatten with the Then present crop Then Sell the same at publick Sale to gether with the balance of the crop then on hand to gether with my Tools and all my Plunder that is of wasteable nachur and not other wise given away - The monies a Rising from the Sales of Such property as I have Directed my Executors to Sell to gether with my Bank Stock in the old Newbern Banke and my notes and act that I have by me all to goe in to the hands of my Executors at my Decd First my Executors are to pay off all my Just Debts Secondly they will pay off The legacies as given in this my will And the Residue if any to be Equally Divided amongst my Children I wish and Direct my Executors to make a deede To James Everitt for one hundred and Thirteen acres of the James Barbey land by James Everitt first complying with out contract also one Small piece to John West lying over P.Colliers new Road next the Juniper of a bout forty acres by his paying cost and charges for Entr Lastly I doe hearby nominate Constitute and appoint my worthy Sons John Everitt and William Smith my two and Lawfull Executors to Execute this my last will and Testament in manner and form as Directed in this my last will and Testament given under my hand and Seal the day and date first Written in presents of us Jos. Everitt {Seal} John J. Collier John W. West G.W. Collier Wm Caraway Wayne County Nov Term 1836 Then was the above will of Joseph Everitt produced in open court and offered for probate and was duly proved by the oaths of Jno W. West John J. Collier & Wm Caraway Subscribing witnesses thereto & ordered to be recorded – at the same time Jno Everitt & Wm Smith Executors therein named came into court & qualified as Executors thereto let letters testamentary issue Jno A. Green Clk ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm This file was contributed for use in the USGenWeb Archives by Theodore Perkins - theodore_perkins@yahoo.com ______________________________________________________________________