Will of Col.John Day
1841
In the name of God Amen, I John Day of the County of Person
and State of North Carolina of perfect mind and memory, thanks be given unto God
calling unto mind the mortality of my body and knowing that it is appointed now
once to die do make and ordain this my last will and testament, that is to say
principally and first of all I give and receive my soul unto the hand of
Almighty God that gave it, and my body I _____ to the earth to be buried in
decent Christian Burial at the disclosure of my executors; nothing doubting but
at the final resurection I shall receive the same again by the Almighty power of
God. And as _____ such mortality such worldly estate wherewith it _____ please
God to bless me in this life I give demise and dispose of the same in the
following manner and form. First All my just debts is to be paid. Second I give
and bequeath to Jane my dearly beloved wife the Land and plantation wherein I
now live her life time, One negro man named Squire, One negro woman named Lot
and child Miltdy and if in case she may wish to sell either of
the above named negroes should have to be sold to pay his debts she is at
Liberty to sell which she pleases. If she should marry my will is that the above
named negroes should be sold and the money equally divided between my wife Jane
and children. One boy mare called Vance, one boy horse called ponch, two chice
cows and calves together with my whole stock of hogs and sheep, four feather
beds for the benefit of Mrs. Day and four children. The flock of geese, all the
household and kitchen furniture, except such as is named out in this will the
whole of this for life time and then to be equally divided among the following
children Rebecca, William, John, Savannah, Elizabeth, Edelle, Emily, Caroline,
and Frances Jane. Third I give to my son William one boy colt called hebrew Also
one negro boy named Scot, provided there is property sufficient to my debts
without without him if the boy should have to be sold and there should be any
surplus money it my wish that it may be put out on interest for the benefit of
said William and at his death be equally divided among the above named legatees
in case he should die without an heir Fourth, I give my daughter Savannah one
sorrel horse called bob, one feather bed and furniture One burrow, one cow and
calf. Fifth I give to my daughter Elizabeth one feather bed and furniture one
cow and calf. One bay philly called _____ and eight dollars worth of furniture
or money Sixth Edith, Emily, Caroline and Frances Jane who are minors is to have
a horse, feather bed and furniture cow and calf chest of bureau equal in value
to those given to Savannah and Rebecca when and as they become of age. Seventh
my deep creek land that I sold to Benjamin Mosley when he pays for the same my
executrix or executors are authorized to make a right of the same to said B.
Mosely or any other person that said Mosley may convey the same to. Eighth, my
waggon and plantation tools are to be kept with my home Track of land as above
named. And I do hereby utterly disallow rewrite and disannul all and every
former testaments, wills, legacies, bequest and ececutors and do consitute my
well beloved wife Jane my executrix and o confirm this and no other to be my
last will and testament. In witness whereof I have here unto set my hand on this
15th day of January in the year of our Lord One Thousand eight hundred and forth
one. _____
signed sealed and declared by ]
NB I give my
the said John Day as his ]
wife my crop of
last will and testament in the ]
corn fodder oats
presence of us.
]
and provision of
Isaac Mabel (?)
]
all kind also twelve
Henry Liveaney
]
dollars out of my present
crop of tobacco and Elizabeth
eight dollars in place of the
bureau.
John Day [Seal]
This page created May 16, 2004