Will of Captain Peter Summers
Guilford County, NC - Will Book C, page 1
LAST WILL OF CAPTAIN PETER SUMMERS, dated 31 January 1837
State of North Carolina
Guilford County
I, Peter Summers, of the County of Guilford, and the State of North
Carolina, do make an publish this my last Will and Testament, hereby
revoking all other Wills by me made:
lst: I give unto my son Jacob Summers,and his heirs forever, all that
tract of land, with its appurtenances, whereon he now lives, including
the mill and mill-seat on Haw River, and the island adjoining the mill
dam. I also give him another tract lying on the county of Orange, which
was conveyed to Anthony Coble and myself jointly, from Israel Holt, and
afterwards from the said Coble to me, containing on hundred and
seventy-five acres, in addition to which, I have heretofore given him on
hundred and twenty five dollars in cash, making in all, three thousand,
one hundred dollars. I now give unto my said son Jacob Summers two
thousand dollars more.
2nd: To my son Ludwick Summers, and his heirs forever, I give the mill
and tract of land on Reedy Fork, and on which he now lives, containing
about one hundred and ninety-four acres, the same being made up of three
different tracts,(to wit): One which I purchased of John Brown, another
of Lewis Morgan and the third of Shadrack Allen. I also give him another
tract, which I bought of Benjamin Allen, together with one hundred
dollars, heretofore given him by me in cash, I estimate at three
thousand one hundred dollars; I now give to my son Ludwick Summers two
thousand dollars more. I own one thousand and ten acres of land in the
western district of Tennessee, which I purchased of A. D. Murphy, all of
which land I give unto my son Ludwick Summers, in consequence of
services rendered by him in attending to, and the management of my
estate heretofore, and other businesses. And whereas the said land is
involved in a suit of laws, and the title litigated, now, if the said
land shall be finally lost, it is my Will, and I hereby direct that all
the cost which shall accrue and attend the same, shall be paid out of my
estate.
3rd: To my son Peter Summers, I give the tract of land whereon I now
live, with all the buildings and appurtenances thereunto belonging, it
being the tract I got of my father, together with all my other lands
adjoing the same, and which lay in the County of Guilford, being a tract
I purchased of Valentime Summers. I also give him the tract I purchased
of George Christman, a part of which lies in orange, and part in
Guilford. I likewise give him the tract of land I purchased of Crowder,
with the exception on one hundred acres thereof, which I reserve for my
son Joshua. The line dividing it commencing a stone, and running thence
North 25 chains to where it crosses the north bounding line, running
thereunto a ________[not readable]____in the tract which I purchased of
Anthony Coble______[not readable]_____all of which said Coble land lying
west of the above mentioned line , I also give him, it being about
seventy acres. These lands, together with three hundred dollars which I
have heretofore given him, I estimate at three thousand six hundred and
eighty dollars. I now give to my son Peter Summers, fourteen hundred
dollars more.
4th: I have heretofore given to my son Abel Summers, three thousand one
hundred dollars, which is equal to the portion heretofore given to my
other children. I have also given to him one Still. I now give to my
sons, Jacob and Ludwick Summers, and their heirs and assigns, the tract
of land that I purchased of James Lucuz [sic Lucas or Lewis] on the
waters of Reedy Fork, containing about___[not readable]___acres, to have
and to hold the said land to them___[not readable]___the said Jacob and
Ludwick Summers, their heirs and assigns in trust___[not readable]___
nevertheless, for the sole and exclusive use of my son Abel Summers'
children. That when they shall become of age, at the age of twenty-one,
it is my Will and desire that said tract of landshall be sold, or
equally divided betwixt the children of the said Abel Summers, as the
said Jacob and Ludwick Summers Trustees may be advised, or think to be
the most advantage to the said children. Nevertheless, if, and upon
condition, the said Abel Summers would entirely forsake and abandon all
the habits of intemperance and dissipation, and should practice and live
a regular, temperate, and economical life, that then, the trustees shall
permit and suffer the said Abel Summers to use and enjoy the said land,
and from the use thereof to provide a support and living for himself and
family. Though, the said trustees, Jacob and Ludwick Summers shall, and
may,at any time resume the management and control of the said land, and
deprive the said Abel Summers of the use and management thereof, whenever
the trustees shall be of the opinion that the circumstances and
condition of the said Abel Summers shall require it. And out of the
proceeds, thesaid trustees shall receive reasonable compensation as
trustees. And, in case either the said trustees should not act, then it
is my Will and desire that the one acting, shall receive all the
compensation. I estimate the above land and Still at fifteen hundred
dollars.
5th: I give unto my son Joshua Summers all the tract of land, that I
bought of Anthony Coble, with the exception of about seventy acres,
which I have given to my son Peter Summers, it being two hundred thirty
eight acres, also one hundred acres of the Crowder tract, which I have
mentioned and reserved. Which together with seven hundred dollars,
heretofore given him in money, Stocki etc, make in all, two thousand
three hundred and ninety dollars. I give to my son Joshua Summers, one
negro boy, by the name of Ned, which I value at two hundred dollars,
making the above amount, two thousand five hundred and ninety dollars.
I now give to my son Joshua Summers, eighteen hundred dollars more.
6th: As to my daughter Barbara, I have advanced her in life with eleven
hundred and fifty dollars in money, and also in Stock, and other things
necessary for keeping house, and likewise two negroes, amounting in all
to twenty-two hundred and fifty dollars, making her equal to the rest
of my children. I now give her, in addition to what she has already
received, all the money, or Legacy, given to me by Anthony Coble, of
Rock Castle County, Kentucky in his last Will and Testament, And I do
hereby authorize and empower my said Executors of Mr. Coble, to give
receipts for, and hold the same to her own use. I give to my daughter
Barbara, one thousand dollars, to be paid to her in such sums as my
Executors may think her necessities shall require.
7th: As to my daughter Rosa, wife of Jacob Clapp, I give to my son
Ludwick Summers, his heirs and assigns, one negro girl, named Nancy, and
the tract of land conveyed to me by the said Jacob Clapp, and which is
adjoining the mill tract on the Reedy Fork, excepting what I have sold
thereof to my son Ludwick Summers, and containing about one hundred
acres, to have and to hold the said land, and negro girl, Nancy, to
train. The said Ludwick Summers, his heirs and assigns in trust ___[not
readable]___. Nevertheless, for the sole and exclusive use of my said
daughter, Rosa, during her natural life, and for her children that shall
be living at the time of her death, and under the age of twenty-one
years. And it is my Will and desire that all the issue, profits, and
proceeds arising from the said land, and negro girl, shall be
appropriated to the sole use and benefit of my daughter Rosa, and to her
children, which shall be minors, and under the age of twenty-one years.
And after the death of my daughter Rosa, and all of her children shall
have arrived at the age of twenty-one years, I then give the said land
and negro girl to her children to have and to hold the same, to them and
their own proper use. The land and negro, aforesaid, I estimate to be
worth thirteen hundred dollars, which together with other monies, Stock,
etc, that I have heretofore given to her and her husband Jacob Clapp,
makes the sum to twenty-three hundred dollars, my son-in-law, Jacob
Clapp, having become largely indepted to me for monies borrowed, and
which I loaned him at various times. And to secure the payment thereof,
he, on the 26th of May, 1821, conveyed to Ludwick Summers, in trust, the
tract of land whereon he now lives, containing three hundred acres,
lying on the waters of Irish Creek, in the County of Guilford. Now, if
the said Jacob Clapp, shall at any time during his life, pay the debts
and monies due me, with the interest, and shall fully discharge the
trust, and all the purposes therein mentioned, I then direct the
trustee, Ludwick Summers,and it is my Will and desire, that the recovery
to the said Clapp, all the said land, and all of the said money arising
therefrom, (i.e.), from the payment of debts, as aforesaid and the
discharge of the trust. And I do hereby give unto the said Ludwick
Summers, his heirs nd assigns, in trust, for the sole use and benefit of
my daughter Rosa, to be paid to her in such quanities and manner, and at
such times as he, the said Ludwick, shall think that the situation and
necessities of herself and family may require, and that all, or so much
then of itas shall be remaining, and unexpended of the use and
management thereof, whenever he shall think fit____[unreadable]_____and be
of the opinion, that the circumstances and condition of my said daughter
Rosa and her family shall require it. And it is also my Will that at the
death of my said daughter Rosa, and my son-in-law Jacob, that the said
lands be equally divided betwixt her children, or their legal
representatives, and that the representatives of each shall be entitled
to the share, or shares, of their respective parents. I now give to my
daughter Rosa, and her children, thirteen hundred dollars, as
follows,(viz.): One hundred dollars, to be paid to each of her children
upon their becoming married, or arriving at the age of twenty-one years,
excepting her son Peter Clapp, to whom I have given heretofore, one
hundred dollars cash. The residue to remain in the hands of my
Executors, for the use of my said daughter Rosa. And if either, or any
of her children should die, be unmarried, and without having arrived to
the years of twenty-one, then their respective share, or shares, to
remain in the hands of my Executors, for the use and benefit of my
daughter Rosa, to be given and applied to her use as they may think
proper and fit and her necessities may require. It is my Will and
desire, that my son Ludwick Summers shall be compensated out of the
money and land left him as trustee for his trouble, or services, in that
part of my estate.
8th: As to my daughter Peggy, wife of Boston Gerringer, I have heretofore
advanced her in life, with money, negroes, Stock, etc, for living,
amounting to three thousand dollars, I now give to my daughter Peggy,
wife of Boston Gerringer, to their children, fifteen hundred dollars, to
be divided equally betwixt them.
9th: To my daaughter Lucy, wife of David Clapp, I have heretofore
advanced her in lif with money, negroes, Stock, and other things
necessary for living, which together with the Legacy she has received
from her Grandfather Whitsett, I estimate at two thousand four hundred
dollars, I now give unto her during her natural life the use of fifteen
hundred dollars, and at her death, to her children. And if she dies
without having any children living, being an heir of her body, I then
give the said fifteen hundred dollars to all of my children to be
equally divided among them.
10th: I leave in the hands of my Executors, fifty dollars to be paid
out from time to time for the purpose of keeping in decent repair, the
graves of my family. I also leave a sufficient amount in the hands of my
Executors, for the purpose of creating a Tomb over myself, as a memorial
to my children.
11th: As to the residue of my estate of every description whatever,
whether personal, or real, I desire to be sold at public aution at such
time and timesand upon such credits as my Executors shall be advised,
and they shall think proper and fit, they being hereby vested with
entire descretion in the management of this part of my estate. And it is
my Will and desire, and my Executors are hereby empowered to bid for and
become the purchaser of any property belonging to, and being a part of
my eatate, which shall be sold at public auction, as aforementioned and
directed. And all monies and proceeds arising from the sale and auctions
of my property and goods, as aforesaid, as well as other monies or
property of any description whatsoever, and not otherwise disposed of, I
desire to be equally divided among my children, excepting my son Abel
Summers. And I do hereby give the same as follows (viz): I give one
equal share to each of my sons, Jacob, Ludwick, Peter, and Joshua. To my
son Abel, I give five hundred dollars in cash, and no more of my estate.
(signed)
Captain Peter Summers