I Joel Green of the County of Montgomery and State of N. Carolina, being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following, that is to say

1st I give and bequeath to my daughter Sally Hicks a negro boy named Spencer now in her possession during her natural lifetime and then to the heirs of her Sally Hicks body.

2nd I give and bequeath to my daughter Mary Green a negro girl Terry and her increase during her natural lifetime said negro now in her possession and at her Mary Greens death to heirs of her body.

3rd I give and bequeath to my daughter Lucretia White a negro boy named Bob now in her possession during her natural lifetime and then to the heirs of her Lucretia Whites body.

4th I give and bequeath to my daughter Elizabeth Green a negro boy named Sam and then to the heirs of her body.

5th I give and bequeath to my daughter Taby Bean a negro boy named Andrew now in her possession during her natural lifetime and then to the heirs of her Taby Beans body.

6th I give and bequeath to my son Mastin Green a negro boy named Abram.

7th I give and bequeath to my son Pleasant G. Green a negro boy named Doctor.

8th I give and bequeath to my grandson Anderson Green a negro boy named Jerry and one good feather bed.

9th I give and bequeath to the heirs of my son Alfred deceased the amount of fifty cents.

10th I give and bequeath to the heirs of Prisey Hogan deceased the amount of fifty cents.

11th And all the residue of my estate to remain as it now stands during my own and my wifes natural lifetime and at her death if she is the longest liver it is my will that all my estate not herein before named be equally divided between Sally Hicks, Mary Green, Elizabeth Green, Taby Bean and then to the heirs of their bodys and Mastin Green and Pleasant G. Green. Except it is my will that my son Mastin Green have one hundred and fifty acres of land wherever he may choose to locate it on my lands out of share. It is also my will that my two sons Mastin and P.G. Green have my mill jointly between them. It is further more my will that Mary Green receive her distributive share of my estate in money.

11th [sic] It is my will that my two sons Mastin and P.G. Green be appointed to execute this my last will and testament.

Signed and sealed the 7th day of March A.D. 1855 in presents of Malcom Murchison

Wm Coggin Joel (his x mark) Green {seal}

Montgomery County Court July Session 1863

Then the foregoing will was proven by the oath of William Coggin and M. Murchison subscribing witnesses thereto and it appearing that the same has been done heretofore and that the clerk has neglected to record the same it is ordered that the same be recorded and filed..... WB 1, page 206

J.I. Spencer, Clerk

State of North Carolina

Montgomery County

Know all men by these presents, that we MASTIN GREEN, A.H. SANDERS, and MALCOM MURCHISON are held and firmly bound unto the State of North Carolina, in the sum of Twenty Thousand dollars, current money, to be paid to the said State of North Carolin, for which payment, well and truly to be made, we bind ourselves, our heirs, executors or administrators, jointly and severally, firmly by these presents, sealed with our seals and dated this 9th day of January A.D. 1861. The condition of this obligation is such that if the above bounden MASTIN GREEN administrator of all and singular the goods and chattels, rights and credits of JOEL GREEN, deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits of the deceased, which have or shall come to the hands, knowledge or possession of the said M. GREEN, or into the hands or possession of any person or persons for them, and the same, so made, do exhibit or cause to be exhibited into the County Court of County [sic] within ninety days from the date of these presents: And the same goods, chattels and credits, and all other the goods, chattels, and credits of the deceased, at the time of his death; or which at any time hereafter shall come into the hands or possession of the said MASTIN GREN or into the hands or possession of any person for him, do well and truly administer according to law; and further do make, or cause to be made, a true and just account of the said administration, agreeably to law, and after the date of these presents; and all the rest and resideue of the said goods, chattels and credits which shall be found remaining upon the administration account, (the same being allowed by the County Court), shall deliver and pay unto such person or persons, respectively as the same shall become due, pursuant to the true intent and meaning of the General Assembly in that case made and provided. And if it shall appear that any Will or Testament was made by the deceased and the executors therein named do exhibit the same to court, making request to have it allowed and approved accordingly, if the said JOEL GREEN [sic] above bounden being thereunto required, do render and deliver the said letters of Administration, (approbation of such testament being made in said Court), then this obligation to be void, otherwise to remain in full force and virtue.

[s] MASTIN GREEN [s] A.H. SANDERS [s] M. MURCHISON

Signed, sealed, and delivered

in presence of

JOHN MCLENNAN

[The name of P.G. GREEN was marked out in the above document. He was in the Civil War and wouldn't have been available for duty as an administrator. He died in 1862 in the war.]

A List of the Property of Joel Green Dec'd which was left by will to his widow during her life:

One black woman by the name of Susan

One black woman Vilot

One black girl Rachel

One black girl Wincy

One black girl Ann

One black boy Tandy

3 head horses

Twenty two head of cattle

Thirty four head of hogs

Nineteen head of sheet

One road waggon

One shave waggon

Part of a set of blacksmiths tools

Also two hundred dollars left for the use of the widow during her life.

Returned to July Session 1861 Montgomery Co. Court.    Mastin Green [s]

List of Sale by Mastin Green, Executor of Joel Green, Deceased, made on the 25th Oct 1866: Purchasers [in the order they're listed, even duplicates]: Jesse Smitherman, S.L. Parsons, ditto, A. Green, A.N. Lemmons,ditto, ditto, ditto, Calvin Cagle, ditto, Jesse Smitherman, Jno. Chaney, Hiram Hicks, Elisa Gillis, Hiram Hicks, Calvin Cagle, Hiram Hicks, ditto, B.S. Sanders, W. Leak, Hiram Hicks, D. Deaton, Abe Green, Hiram Hicks, E.A. Chaney, Doctor Green, E.A Chaney, Wm. Thomas, Abe Green, D. Chaney, ditto, D. Deaton, Hiram Hicks, D. Chaney, Alex McQuean, Hiram Hicks, Alex McQuean, ditto, Calvin Cagle, D. Deaton, A. Munn, A. Wright, D. Deaton, Hiram Hicks, J. Smitherman, D. Deaton, W. B. Green, D. Deaton, ditto, J.W. Bean, A. Wright, D. Deaton, J.W. Bean, D. Deaton, J.W. Bean, Abe Green, ditto, D. Deaton, Calvin Cagle, J. Smitherman, ditto, A.W. Chaney, Calvin Cgle, D. Deaton, W. Leak, ditto, A.N. Lammons, T. Bunnell, A. N. Lammons, D. Deaton, ditto, Jas. M. Chaney, W. Leak, D. Deaton, A.W. Chaney, ditto, ditto, D. Deaton, ditto, ditto, ditto, ditto, W. Leak, D. Deaton, ditto, J. Deaton, Hiram Hicks, D. Deaton, ditto, Jas. McCaskill, D. Deaton, ditto, M. Murchison, Hiram Hicks, Jesse Smitherman, ditto, Z. Richardson, Martin White, Jesse Smitherman, Alex McQuean, W.B. McQuean, Z. Richardson, J. Smitherman, Aron Wright, A.N. Lammons, Jesse Smitherman, ditto, A.W. Chaney, W. Gillis, Jesse Smitherman, ditto, ditto. Mastin Green, Exec. Joel Green, Deceased

Sworn & Subscribed before me C.C. Wood, C.C., Jan. Term 1867, Recorded pages 309,310

C.C. Wade CofC & Commissioners Deed to Jesse Smitherman Joel Green land East of Little River, 240 acres ...unto the said Jesse Smitherman his heirs and assigns the following tracts or parcels of land ... the East Side of Little River bounded as follows: Beginning at a stake in the Fayetteville Road by 2 Post Oaks at Daffon's Pond, Mastin Green's Beginning corner of his 150 acre survey and was with his line North 34 E 78 poles to a pine above 40 yards North of his spring, South 12 Wt with his line 27 poles to his corner Red Oak in a Rock heap with his other line S.57 E 72 poles to his corner small Hickory in Gillis' line with Gillis' line N.30 E.93 poles to a Maple on the banks of Cedar Creek, down the various courses of said creek about 200 poles to Hiram Hix's line with his line & Nancy Hix's line S.25 W 160 poles to the NE corner of the school house tract with Nancy Hix's line S. 65 W 86 poles to Mastin Green's corner with his and Sarah Green's lines S.166 poles to his corner Blackjack by 3 Blackjacks with his other line N.88 E70 poles to his corner stake by 4 pines with his other lines N.147 poles to his corner stake in the said Road by Pine Black Gum & 2 Post Oaks with his other line along the various courses of said road to the beginning containing two hundred & forty acres more or less....

A list of Notes Bonds Choses in Action and Evidences of Debt belonging to the Estate of Joel Green Deceased returned to the Probate Court of Montgomery County for an order to sell said notes etc for cash viz:

No. 1 Note on JOSEPH DEATON & AARON WRIGHT for $13.50 due 25 April 1867 with credit of $11 Nov 11, 1867

No. 2 Note on A.N. LAMMONDS & JAS. MCCASKILL for $14.05 1/2 Due 25 April 1867 with credit of $9 Jany. 6th 1868

No. 3 Note on D. DEATON for $80.16 due 28th February 1867 with credit of $30 Feby. 11th 1869

No. 4 Note on D. DEATON & M. A. MONROE due 3rd April 1863 for $117.50 1/2

No. 5 Note on D. DEATON due 25 April 1867 for $21.92 1/2

No. 6 Note on M. MURCHISON due 25th April 1867 for $14.75 1/2 with credit of $10 19th March 1870

No. 7 Note on MARTIN WHITE for $10 due 1st Jany. 1867 with credit of $5 March 18th 1867

No. 8 Note on THOS. PEMBERTON due 21st April 1858 for $20.00

No. 9 On judgment in the Superior Court of Montgomery County against A.H. SANDERS, P.C. SANDERS, and C.H. RUSH for ... $703.27 with interest on $560.40 from the 8th March 1869 & costs $4.05

No. 10 Judgment on WM. GREEN for $5.00 & Int. from 25 Oct 1869 costs $3.15

No. 11 Judgment W.B. GREEN & JAS. HAYWOOD for $20.35 & Int. from 25 April 1869 & the costs $3.75

No. 12 Note on Sandy[?] TILLMAN & M.A. MONROE for $19.00 & Int. from 16 Sept 1868

A list of Notes found on hand belonging to the estate of JOEL GREEN Dec'd.

One note given by W. LASSITER for four hundred Dollars dated March 3rd 1859 and due one day after date, with a credit of one hundred dollars Feby. 28th 1860.

One note on A.H. SANDERS for two hundred and forty seven Dollars, due the 6th of April 1860.

One on E.A. WRIGHT & ROWLAND HARRIS for fifty five 80/100 Dollars due one day fter date and dated 23rd of Febry. 1858, with a credit of thirty one Dollars & ten cents Jany. 7th 1860.

One on ALEXANDER MCQUEEN for fifteen Dollars dated 28th Sept 1855 & due one day after date, with a credit of March 26th 1857 of five Dollars & Jany. 16th 1860 of five Dollars.

One on JAMES YARBROUGH for seven Dollars & fifty cents dated Jany. 6th 1860 and due one day after date. This note is disparate[?].

One on WM. HOGAN for fifteen Dollars dated June 2nd 1859 and due one day after date. This note is disparate[?].

One on THOMAS PEMBERTON for twenty Dollars due 20th day of April 1858 and due one day after date. This note is disparate [?].

[s] Mastin Green

One note on DISON DEATON, THOS. PEMBERTON & MALCOM MONROE for one hundred Dollars dated 7th Jany. 1857 and due one day after date with a credit Jany. 7th 1858 of Six Dollars, another one Feby. 15th 1859 of ten 75/100 Dollars.

Col. N. MCKAY to C.C. Wade Dr

Note due Juen 11th 1873 $155.00

Int to 4 Nov 1874 $ 12.46

Debt & Int. Nov 4 1874 $167.46

Cr by payment Nov 4 1874 $ 40.00

Bal Due Nov 4 1874 $127.46

Int. to the 1st March 1875 $ 2.67

Debt & Int. March 12 1875 $130.13

Cr by payment March 12th 1875 $ 40.00

Bal Due March 12 1875 $ 90.13

Int. to the 8th Sept 1875 $ 2.70

Debt & Int. $ 92.83

Cr by payment Sept 8th 1875 $ 25.00

Bal Due Sept 8 1875 $ 67.83

Int. to the 6th Novr. 1875 $ .67

Debt & Int. $ 68.50

Cr by payment Novr 6th 1875 $ 34.00

Bal Due Novr 6th 1875 $ 34.50

Int to the 13th March 1876 $ .72

Bal Debt & Int. 13th March 1876 $ 35.22

Montgomery County, In the Probate Court

Before C.C. Wade, Probate Judge, In the matter of the estate of Joel Green, dec'd., Mastin Green Exr. etc. being sworn says that the period of twenty four months has elapsed since the granting of letters of testamentory upon the estate of the said decedent; that he has in his hands as executor, aforesaid, and not yet collected, the notes, bonds, choses in action and evidences of debt described in the annexed descriptive list, which he has been unable to collect, and which, owning to existing laws cannot be collected; that it is necessary, before settlement of said estate, that the same should be sold, and that it would be almost impossible to secure the payment of the purchase money therefor if sold on a credit: that it is necessary that the same should be sold for cash, and that it is to the interest of said estate in a faithful and proper administration, that they should be sold for cash. [s] Mastin Green

Sworn to and subscribed before me this 1st day of November A.D. 1871.

C.C. Wade, Judge Probate.

Rossville, Tenn., January 31, 1871

Mr. Mastin Green..

Dear unkle I seat my self to write you a few lines for mother. I went up to see her last Sunday. She is in bad health at present. She says for you to write to her and tell her all the news from the old country and tell her who of her sisters brothers are living and who is deceased, etc. Allso who of her acquaintances are & living etc. - & for you come out and see this country. She wants to see you verry much -- & so too I -- come if you can possibly do so -- you will find in Lafayette Depot M & C R.R. Tennessee. Please send the $50.00 Fifty dollars you have collected by express to Lafayette Depot M & C R.R. Ten. on in a registered letter package to Rossville Fayette County Tenn. & oblige. Your nephew as ever, A.J. Green

Received of Mastin Green Exetor to the will of Joel Green deceased, Fifty Dollars $50.00 in part of my distributive share in said estate this January 30th 1871. M.A. Green per A.J. Green

State of Tennessee

Fayette County

Know all men by these presents, that I MARY GREEN of Rossville in the County of Fayette and State of Tennessee do hereby make, constitute and appoint LOCKY SIMMONS in the County of Montgomery and State of North Carolina my true sufficient and lawful attorney for me and in my name to make partitiion and division with the other heirs of my late father JOEL GREEN, deceased, of his real estate and to accept service and become a party in my name to any proceedings instructed accordingly for the sale and partition of the said real estate and to accept and receive and receipt for my share of personal and real estate of the Estate of my father and in my name and for any use to demand, sue for and take possession of all and singular lands tenements and hereditaments, sum and sums of money, goods and chattels withheld from me, to which I am entitled, and which I may lawfully claim from the heirs executors or administrators of my said father, or on any other person or persons whatsoever and to do and perfom all necessary acts in the execution and prosecution of the aforesaid business in as full and ample a manner as I might do if I were personally present. In witness whereof I have herewith set my hand and seal the fifth day of July in the year of Our Lord one thousand eight hundred and seventy one. MARY (x) GREEN

Signed, sealed and delivered in presence of

A.J. GREEN

A.J. SLAUGHTER

State of Tennessee

Fayette County

Be it remembered that before me, John C. Reeves, a commissioner for the State of North Carolina, duly qualified under a Commission from the Governor of said State this day personally appeared A.J. GREEN and A.J. SLAUGHTER, subscribing witnesses to the foregoing attached Power of Attorney who being first sworn deposed and said they were personally acquainted with MARY GREEN the maker, and that she acknowledged the same in their presence to be her act and deed for the purposes therein expressed.

In witness whereof, I hereunto set my hand and affix my official seal of office, in Somerville, this the 4th day of July A.D. 1872. John C. Reeves, A Commissioner for the State of North Carolina Received of C.C. Wade, Clerk of the Superior Court of Montgomery County, Thirty-five Dollars and 88 cents in full of the distributive share of MARY GREEN as one of the heirs at law of JOEL GREEN, deceased, in the proceeds arising from the sale of the lands described in the petition in the above entitled cause. This 2nd day of September A.D. 1876. L. Simmons [Lockey Simmons] attorney in fact for Mary Green.

Attest: A.L. Wright

[No date]

Montgomery County in the Supr. Court

Mastin Green, Jesse Smitherman, Joshua Bean & wife, Tabitha Bean, Sarah Hix, Elizabeth Green Pltf. against Mary Green Deft [first petitioned March 22, 1870].

Petition for the sale of land belonging to the estate of Joel Green, Dec'd.

Received of C.C. Wade, Clerk of the Supr. Court of Montgomery County Two and 25/100 Dollars in full of the distributive share of TAYLOR HIX as heir at law of CALVIN HIX and grandchild of ISHAM HIX and great grandchild of JOEL GREEN, deceased, in the proceeds arising from the sale of the lands described in the above entitled cause. Allen Jordan, M.T. Hix

Troy, N.C., January the 31st 1878

Dear Sir:

Mastin Green & others vs. Mary Green & others

Petition for the sale of the lands of Joel Green, deceased

Received of C.C. Wade, Clerk of the Superior Court of Montgomery County, two & 24/100 dollars in full of my distributive share of the proceeds of the sale of the lands described in the petitoin in the above cited cause sold by a decree of the superior court of said county for partition, my share being 1/4 of 1/4 of 1/6 of $215.89 which I receive as one of the children of CALVIN HIX deceased, who was a grandson of JOEL GREEN deceased, this 30th January A.D. 1878. C.L. Hicks

[No date again, same header as above, but different receipt]

Received of C.C. Wade, Clerk of the Superior Court of Montgomery County, Eight & 99/100 Dollars in full of the distributive share of TERRY GREEN (HIX written over), as heir at law of ISHAM HIX and granddaughter of JOEL GREEN, deceased, in the proceedings arising from the sle of the lands described in the above entitled cause. Allen Jordan, Teary [Terry] Green

[same header]

Received of C.C. Wade, Clerk of the Superior Court of Montgomery County two & 25/100 Dollars in full of the distributive share of JNO. LAMMONDS and wife RITTIE LAMMONDS as heirs at law of CALVIN HIX & Grandchildren of ISHAM HIX & Great Grandchildren of JOEL GREEN, deceased, in the proceeds arising from the sale of the land described in the above entitled cause. This 11th day of April A.D. 1876.

JNO. (x) LAMMONDS (seal) RITTIE (x) LAMMONDS (seal)

[Witness] ALLEN JORDAN

[Same header]

Mr. C.C. Wade, Clerk of the Superior Court of Montgomery County

You are respectfully requested to pay to MASTIN GREEN, my brother, my distributive share of the proceeds arising from the sale of the lands described in the petition in the above entitled cause sold for partition among the heirs of JOEL GREEN, deceased, and this shall be your sufficient order. March the ____ 1876 ELIZABETH (x) GREEN

In the presence of

MANLY H. DEATON

Received of C.C. Wade, Clerk, Thirty Five 98/100 Dollars in full of the above share of ELIZABETH GREEN as one of the heirs of JOEL GREEN, deceased, upon the foregoing order. March the 27th 1876. MASTIN GREEN

State of North Carolina

Randolph County

This indenture witnesseth that J.W. BEAN and wife TABITHA BEAN his wife of the County and state aforesaid for and in consideration of the sum of Thirty Dollars to them in hand paid by R.S. ANDREWS of the County of Montgomery State aforesaid the receipt whereof is hereby acknowledged have granted, bargained & sold and do hereby grant, bargain and sell to the said R.S. ANDREWS his heirs and assigns all our right in trust and claim in and to the proceeds of the sale of the lands belonging to the estate of JOEL GREEN deceased in Montgomery County sold by decree of the Superior Court of Montgomery County for partition. To have and to hold said interest and claim to him the said R.S. ANDREWS his heirs and assigns forever to his and their only proper use & behoof. In witness whereof we have hereunto set our hands and seals this 31st day of January 1877. [s] J.W. BEAN [s] TABITHA (her x mark) BEAN

O.R. COX [witness]

State of North Carolina

Randolph County

To HUGH PARKS, J.P. Greeting:

Whereas, R.S. ANDREWS has produced a deed of conveyance made to him from J.W. BEAN and TABITHA BEAN, his wife, of a certain tract or parcel of land lying and being in the County of Montgomery in said State, and procured the execution of the same to be proved by the oath and examination of O.R. COX, the subscribing witness thereto as to J.W. BEAN one of the makers thereof before me A.M. DIFFEE Judge of Probate for said County, and it being represented to our said Court; that it is required by law that TABITHA BEAN wife of the said J.W. BEAN, be examined privily as to her free consent in executing the said conveyance: Know ye that reposing confidence in your prudence, I have appointed you, and by these presents do give you full power and authority, to take private examination of the said TABITHA BEAN, if she cannot conveniently come to you, and privily and apart from her said husband, examine her whether she executed the said conveyance freely and of her own accord, and without fear or compulsion from her said husband, and when you have take the examination, you are to send the same closed under your seal, together with this commission to our said Court of Probate. Witness, A.M. DIFFEE, Judge of Probate of said County at office, this 1st day of February A.D. 1877. [s] A.M. DIFFEE

Certificate of Justice of the Peace.

Personally appeared before me HUGH PARKS, Justice of the Peace of Randolph County, TABITHA BEAN wife of J.W. BEAN and acknowledged the due execution of the accompanying deed of conveyance, and the said TABITHA BEAN being by me privily examined, separate and apart from her said husband touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion from her said husband, or any other person, and that she doth still voluntarily assent thereto. Witness my hand and seal, this 3rd day of Feby. A.D. 1877. HUGH PARKS, J.P.

State of North Carolina

Randolph County

This Indenture witnesseth that C.H. RUSH and wife FRANCES R. RUSH (formerly FRANCES R. HIX) of the County and State aforesaid in consideration of the sum of eight dollars 99/100 to them paid by J.M. DEATON of the County of Montgomery State aforesaid the receipt whereof is hereby acknowledged have granted bargained and sold and do hereby grant bargain and sell to the said J.M. DEATON his heirs and assigns all our right interest and claim in and to the proceeds of the sale of the lands belonging to the Estate of JOEL GREEN deceased in Montgomery County sold by decree of the Superior Court of Montgomery County for partition. To have and to hold said interest and claim to him the said J.M. DEATON his heirs and assigns forever to his and their only proper use and behoof. In witness whereof we have hereunto set our hands and seals this 16th day of October A.D. 1877.

C.H. RUSH (seal) FANNY R. RUSH (seal)

Witness F. PEARCE

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