Will of Sarah Charles

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The following instrument of writing being proven
before A. Blackburn, Esq. by the
oath of John White was presented and recorded this 2 August 1796.
Whereas Sarah Charles,
widow of the late James Charles,
being impowered by the will of the same James to use occupy and enjoy the whole
of the property both real and personal of him, said James, during her natural
life of widowhood and said Sarah never having married and being willing on her
part and the subscribers as individuals, on their own parts their and each of
their heirs or assigns as well theirs as the said Sarah’s heirs or assigns abide
by and perform the several rules and paragraphs hereinafter entered into and
subscribed by us (that is to say) 1st
Sarah Charles shall have one for her own use during her lifetime
the negro David, one feather bed one cow and calf, one ewe and lamb which shall
be equally divided amongst her ten children Oliver
Charles, Phillip Evans, Obediah Wood, Joel Charles, William Wilson, Samuel Ware,
William Smith, Israel Charles, John Charles, Zilphia Charles or
their lawful heirs at my death, the increase of the property now reserved by me
shall be at my own disposal and the property now reserved shall not be exposed
to public sale as the residue of the property will be after the manner in which
the following rules seem to intend and if she becomes a purchaser at the day of
the sale she will be answerable as other individuals are.
2nd the whole of the property both real and personal exclusive
of that part which has already been disposed of shall be exposed to sale on the
first Friday in November next on a credit of eighteen months the purchaser
giving bond with such security as a majority of the heirs then present shall
approve of, both all such property as may be within this state and such as may
be in North Carolina or elsewhere. 3rd
the amount of the sale of the property intended to be disposed of as aforesaid
shall be the rule by which each of the heirs mentioned in one of the foregoing
rules shall determine and know each of their different propositions, and the
purchaser shall be answerable to each other for that proposition to which each
shall be individually intelled and the property shall not be altered until the
intention of these rules is complied with – that person who shall become the
purchaser of any lands belonging to the said estate shall receive bona fide
titles which shall be assigned by the whole of us who are afore mentioned, and
as Israel Charles, John Charles and
Zilpha Charles are not of age and
not capable of entering into any written agreement of their word they shall sign
titles aforesaid and give sufficient personal security that they nor their heirs
nor any other person for them shall or will ever hereafter take any advantages
of their nonage either in law or equity in the aforesaid assignment of titles.
4th each and every of us both of ourselves, as well as those
who may follow us, viz, our and each of us our heirs and assigns are hereby
bound forever to comply with the foregoing rules and agreement under the penalty
of two hundred pounds sterling money to be recovered of each and every of us our
and each of our heirs and assigns on our or either of our failure to comply with
the rules aforesaid, In witness whereof we hereunto, set our hand and seal this
thirteenth day of August in the year of our Lord one thousand seven hundred and
ninety-four. Sarah
Charles, her
X
Witness: David Moore Deed Book D Page 273 & 274 Date: August 13, 1794 Proven: August 2, 1796
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