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1791----In the name of God Amen, I John Sholar of
the State of North Carolina and county of Bertie being of sound and perfect
mind and memory, Blessed be God, Do this twelfth day of August in the year of
our Lord one thousand seven hundred and ninety one make and publish this my
last will and testament in manner following, that is to say---First- Now as
for my four daughters that is to say Montella Wimberley, Sarah Lee, Judith
Tool and Mary Wimberley, I have all ready given them their full part of my
whole estate which I allotted for them. Now as to say Bryan Sholar, David
Sholar and Edward Sholar sons of my son David Sholar Decd. I give them in
manner and form as followeth. That is they shall not make any conveyance
either by sale gift rent or any other ways whatsoever of these lands nor the
appertainances thereon standing lying or any ways being except to his own
brother. But when these boys comes to be of full age and all should jointly
agree to sell the whole tract of land and divide the money equally between
them then that shall be lawful and according to my will and not otherwise.
Now when I give titles to these boys for these lands and writes assigns, this
word assigns shall be taken in the true sense and meaning as from one brother
to another and not otherwise except they all jointly agree and sell the whole
tract. Now my plantation taken up by Owen O'Daniel lying on northeast of
Wallom Swamp joining the mouth of Possum Branch with other lands joining the
said plantation beginning at the mouth of slash on the North side of Possum
Branch near againse Charles Dement's House thense along said line a north
course to the head corner, a pine- thense a more eastward course a row of
marked trees into my Pocossum to the other row of marked trees- Lemuel Lee's
line. Now this above mentioned plantation with these lands joining I give to
my grandson David Sholar to him and his heirs and forever, containing two
hundred and fifty acres more or less. Now from the mouth of said slash
against Dement's house still up Possum Branch to the last slash next to the
new rede thense a northern course up said slash through the Ponds to the head
of Wolf Pitt Branch thense down said Branch unto my Pocosson together with
all the land including from this Branch and David Shollar's to him his heirs
and assigns forever containing two hundred and fifty acres more or less. Now
from these above mentioned courses all the lands that I hold eastward known
by the name of Woolf Pitt Ridge from the north head corner to the South head
corner, I give to my grandson Edward Shollar to him and his heirs and assigns
forever, containing two hundred and fifty acres more or less. But and if
either of these grandsons die without issue then their part of my whole
estate shall be divided between the rest of heir own brothers. Now as for my
mannor plantation whereon I live taken up by Thomas Brigman, I give and
bequeath to my grandson Lemuel Lee, son of my daughter Sarah and Henry Lee.
Now from the South head corner joining Owne O'Daniel's line a black gum a
corner thense a row of marked trees near a north east course to the head of a
branch whereon I now, together with all the lands I hold upon the north side
of said ranch to the head of Green's Pocosson to a row of marked trees from
Green's Pocosson give and bequeath to my Grandson Lemuel Lee his heirs and
assigns forever, and my will and desire is that the aforesaid Lemuel Lee
shall not convey either by sale gift or rent or any other ways whatsoever the
said lands or plantations or any part thereof except it be to one of my other
grandsons to whom I have given all other lands. He shall not sell or convey
only by the method afore prescribed for and as one of my other grandsons his
lands I give and bequeath to my grandson Lemuel Lee my still---and grindstone
my small gun my ounce shellars my money scales my mark and brand my pewter
measures one large Duftail Chest one feather bed with its furniture together
with his part of my tools as my Executors shall see proper and it is my will
and desire that my grandson Lemuel Lee immediately after my decease possess
both land and all other property which I have given into him in this present
will. I give to my grandson Bryan Shollar my Ryphel gun with his full part of
my tools as my executors shall see proper and come in for his equal part with
rest of his brothers and sisters of my movable estate and moneys. Likewise my
two grandsons David Shollar and Edward Shollar shall have their equal part of
my movable estate and money with the rest of their own brethen. Now my
executors shall have the right to rent out one or more of my plantations or
parts of my land as they shall see proper to raise money to defray the
quitrents of the whole tract of lands and other changes until these boys come
of age then they shall pay for their own part of land. Now I give to my two
grandaughters, that is to say Elizabeth Shollar and Rachel Shollar daughters
of my son David Sholar Decd., fifty silver Dollars to each girl to be paid to
them at lawful age or marriage, by my executors. But if one of these
grandaughters die without issue shall them her own sister shall receive her
part of such money as I have given them. I likewise constitute and appoint my
son in law Henry Lee my Executor to my will as to have full management of all
the property which I have given to my grandson Lemuel Lee without any
interruption by any other Executor. I likewise constitute and appoint my
trusty friend Benjamin Sholar and Hohn Holler Lee the whole and sole
executors of all the remainder of my estate which is not under the management
of my other executor of this my last will and testament. But if any matter or
thing should arise concerning any part of my estate I do hereby choose my
friend William Cherry and Cader Powell Esqs. to settle and oversee and be the
assistant with my executors in such matters concerning any estate without the
appraising nor selling any part of my whole estate. But that these above
mentioned friends by their umpirage power shall be assistant with my
executors shall use the best means as their wise discretion shall afford that
my above mentioned grandchildren may enjoy the whole benefits of my whole
estate and I do hereby uterly disallow revoke and disannull all and every
other former wills andtestaments legacies and bequeaths by me in anywise
before ordained willed or bequeathed ratifying and confirming this and no
other to be my last will and testament. In witness whereof I have hereunto
set my hand and seal the day and year above written. Signed sealed published and declared by the John
Sholar the Testator as his last will and testament in the presence of us who
were present at the ensealing and signing these of his Test. Joshus Lee Ruben R. Stallings State of North Carolina, Bertie Co., May Term
1792 |