TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904
County Court Clerk's Office
Will Book - Vol. II
May 1823 - June 1842
Being in my proper senses, and right presence of mind, I make this my last Will and Testament.
Item: It is my will and desire, that my loving wife Lurariah Harney, should have the plantation whereon I now live and the property real and personal, that is on the premises for her comfort and for the use of bringing up, and schooling my young children, and to enjoy the same, during her natural life or widowhood and no longer. I give and bequeath to my son Thomas Harney, one half of my schooner Ralley. I give and bequeath to my son Lemuel Harney, the other half of my schooner, Ralley, to them and their heirs, and for their own use.
Item: I give the use of a negro girl named Lucy, to my daughter Lurariah Mercer after the death of my wife, or marriage, during her natural life, and then to her children, lawfully begotten of her body, and if she dies without issues then, to return to my children, or if her children dies in now age then to return to my children also.
Item: I give and bequeath unto my son Benjamin Harney, one negro man, named Jacob, to him and his heirs forever.
Item: I give unto my sons Mills Harney, Silby Harney, William Harney, one negro boy by named James, and one negro girl named Little Sarah, and the plantation and lands whereon I now live to be sold after the death or marriage of my said wife and to be divided between them the negroes not to be sold, but valued and equal division made of the property, or money arising from it, to them their heirs and assigns forever, and it is further my will, that the three Mills, Silby and William, when they get good schooling, that is to be good accountants, and as much of the Mathematics as may be necessary, then, to be bound to the age of twenty one, to some handy craft, trade or business. I give and bequeath to my nephew Gewethan Harney, one hundred acres of land in the State of Tennessee to be laid off for him by my Executors.
Item: I give and bequeath to my loving wife Luranah Harney, one negro woman named Sarah during her natural life, then to return to my children, and under their protection but not to be sold and to live with any of them, or any one of them, as she may choose; likewise four hundred acres of land in the State of Tennessee, part of my big tract given me for my military service in the late war, to be laid off by my Executors, hereafter mentioned
to be for her use and benefit, to do with as she may think proper.
Item: I give and bequeath unto my daughter Luranah Mercer, four hundred acres of the same tract, as my wife Luranah to her and heirs forever.
Item: I give and bequeath unto my daughter Nancy Harney four hundred acres of land, in the above tract in Tennessee, to her and her heirs forever.
Item: I leave all my Juniper Swamps to be sold to pay my just debts, all monies due me for that purpose, and my sailing boat, and if not sufficient as much of Tennessee lands, as will pay the remainder, to be sold for that purpose, the residue of my back countrylands in the State of Tennessee to be divided between my sons Thomas Harney, Benjamin Harney, Lemuel Harney, Mills Harney, Silby Harney, and William Harney, that is to say, Thomas Haney to have a double share for services done me, and that my three youngest sons, Mills, Silby, and William should only have a proportionable part of property, after they get their schooling, with my sons Benjamin and Lemuel, and if any of my sons should die without issue to go t the rest of my sons.
Item: I have Ten Thousand juniper rails to be put on the plantation if got, the rest sold to pay debts, or laid only, in the famal eyes.
Lastly, constitute and appoint my son Thomas Harney and my brother Thomas Harney, my Executors, to this my last Will and Testament, revoking all others heretofore by me made. In witness whereof I hereunto set my hand and seal. This 9th of April 1800. Silby Harney (Seal)
Signed sealed delivered and pronounced by the said Silby Harney to be his last Will and Testament in presence of us:
Francis Hooker (Jurat)
Samuel Bell (Jurat)
Codicil annexed the 27th October A. D. 1800.
Item: I leave the property aboved mentioned to my son Benjamin Harney, (as he is deceased) to be equally divided amongst all my male children, also the Schooner "Ralley", above mentioned to continue running for the purpose of paying my debts, until my estate is settled, then to go as above given to my sons Thomas and Lemuel. Silby Harney. (Seal)
Signed and acknowledged in the presence of:
Camden County Feby Term 1801.
The within was exhibited in open Court and proved as the last Will and Testament of Colin Silby Harney, dec'd by the oath of Samuel Bell, a subscribing witness thereto and also the Codicil, thereunto, subjoined by the oath of Josiah Nash a subscribing witness thereto, and Thomas Harney, Executor therein named appeared, and qualified as Executor to the same. All in due form of law, and on motion, ordered, Testamentary issue & C.
Test - Malachi Sawer, C. C. C.
Camden County Court Feby Term 1828.
This last Will and Testament o Colin Silby Harney dec'd was exhibited in open Court and proved in due form of law by the oath of Francis Hooker, a subscribing witness thereto, on motion ordered that letters Testamentary issue and that said will be recorded.
Test - M. L. Lewis, C. R.
State of North Carolina, I M. L. Lewis, Clerk of the County Pleas and Quarter Sessions for the County of Camden, certify to all whom it may concern that the foregoing will is a true copy of the original will and Testament &c of Colin Silby Harney recorded in this office. In Testimony whereof I have hereunto affixed my hand and seal of Office, the 24t day of April A. D. 1828. M. L. Lewis, Clerk
State of North Carolina, Camden County - I, Caleb Perkins, Chairman of the County Court of Pleas, and Quarter Sessions for and in the County aforesaid do certify that Malachi L. Lewis, whose name is annexed to the foregoing Certificate is Clerk of the Court for the County of Camden duly qualified that his said Certificate is in due form of Law, and that full faith and credit is due and right to be given to all of his office acts as such. Given under my hand and seal, this 24th day of April A. D. 1828. Caleb Perkins, Chairman (Seal)
State of Tennessee, Sumner County - I, James Douglass, Register of the County aforesaid do hereby certify that the written and foregoing copy of Silby Harney's will, together with the Certificates thereunto annexed is duly registered and examined at my office in Book S, page 356 July 23rd 1830. James Douglass, Register by Y. N. Douglass, D. R.
State of Tennessee, Jackson County - Register's Office Feby 17th 1830. I, Leroy B. Settle, Register of said County, do hereby certify that the within copy of Silby Harney's Will with the several Certificates annexed thereto have been duly registered in my office in Book D. and page 230 and 231. Leroy B. Settle, Regr. of Jackson County
State of Tennessee, Smith County - Register's Office, Carthage Feby 6th 1830. I, certify that the within copy of Silby Harney's will with the Certificates annexed thereto to have been duly recorded in my Office. Book K. and Page 152 and 53. Alex. Allison, Regr. of Smith County
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