Will of Sarah Charles
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.
Deed Book D Page 273 & 274
Date: August 13, 1794
Proven: August 2, 1796
Transcribed by Kimberly Miller Bates
Transcribed by Kimberly Miller Bates
2006-2008 © Kimberly Miller Bates
All Rights Reserved
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