William BUTLER 1866 Montgomery Co., NC Will Record Transcribed |
Will of William Butler
Know all men by these presents that I William Butler of the County of Montgomery and State of North Carolina being of sound mind and memory and knowing the uncertainty of human life do make and publish this my last Will and testament hereby revoking all former Wills by me at any time heretofore made. And as to my Worldly Estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise and bequeath and dispose hereof in the manner following to wit. First--my will is that all my just debts and funeral expenses shall by my Executor herein after named be paid out of my estate as soon after my decease as shall by them be found convenient and of the first money that may come into their hands. Item--I give and bequeath to my beloved Sister Elizabeth Suggs of the State of Alabama the following negro Slaves and their increase--Edy Dilcy & child Huldah; Rand and four children towit-Edy Annah Dinah and Frank, Cely and four children to wit--Lewis, Jake, Isham and Tom, Hannah and three children to wit--Joe Willie and Cindy Simon Ben and Rube. These negroes together with their increase I bequeath to Elizabeth Suggs for and during her lifetime and at her death my will is that all of them together with their increase shall be equally among all her children. I further bequeath to Elizabeth Suggs ten thousand Dollars in money to be paid to her by my Executors herein after named out of my money that my come to their hands after the payment of my Just debts and funeral expenses to have and to hold the same to her,her Executors, administrators and assigns forever--I further bequeath to Elizabeth Suggs one Set each of table and teaspoons Silver-- Item--I give and devise to my Nephew David R Cochran of Montgomery County the following tracts of land: towit-First the tract of land on which I now live containing some six hundred and sixty give acres more or less--Second the tract known as the Howard tract containing two hundred and forty acres, more or less--Third the tract known as the Sellars tract containing five hundred and fifty acres more or less, Fourth the tract known as the morris tract containing five hundred and sixty seven acres more or less to have and to hold each of the four tract above described to him David R. Cochran his heirs and assigns forever--I further give and bequeath to my Nephew David R. Cochran the following negro Slaves and their increase: Spencer, Violet & four children: to wit Al, Ted, Ned and Casher, Lia and Harry to have and to hold the above negroes & their increase to the Said David R. Cochran his heirs, Executors administrator and assigns forever. I further give and bequeath to my Nephew D.R. Cochran all my house hold and Kitchen furniture farming and Blacksmith tools of Every description and also my gun and money safe to have and to hold forever-- Item: I give and bequeath to Calvin Cochran his heirs executors administrators and assigns forever the following negro Slaves to wit--Daniel and Chesly: my will is that the aforesaid Slaves, Daniel & Chesly that I have bequeathed to my nephew Calvin Cochran shall not be liable for any debt or contract which the Said Calvin Cochran has heretofore made or may hereafter make--My will further is that the profits arising from said Slaves shall not be liable for any debt or contract heretofore made by the said Calvin Cochran or which he may hereafter make: and if any creditor for any debt or contract which the said Calvin Cochran has heretofore made or may hereafter make shall levy and execution on the negroes aforesaid or attempt by any process of law to obtain the profits arising from their labor then my will is that the aforesaid negroes Daniel and Chesly shall go back into my estate and form a part and parcel thereof-- Item: Having no confidence in Spencer Haltom the husband of my niece Tamar I give and bequeath unto Calvin J. Cochran his heirs Executors administrators and assigns forever the following negro Slaves, Deb & two children towit: Bob and Bet and their increase in special trust and confidence nevertheless that he and they will hold the same for the sole and separate use and benefit of my niece Tamar Haltom during her natural life in such manner that the same shall in no event be subject or liable for the debts or contracts of her husband Spencer Haltom. My will is that Calvin J. Cochran his Executors administrators and assigns, if he or they shall think it well and prudent, shall allow my niece Tamar to have the control over the aforesaid negroes and their increase either to work them on a farm or to hire them out--my will and desire further is that if my niece Tamar should have any child or children by her intermarriage with Spencer Haltom; then at her death the above property shall be equally divided between them--But if at her death there should be no child or children at the issue of Such Surviving her then my Will is that the above property and the increase shall go to my Niece Martha who intermarried with M.A. Monroe & to be enjoyed and used by her during her natural life and at her death to be Equally among all her children divided-- Item--I give and bequeath to Calvin J. Cochran his heirs Executors administrators and assigns forever the following slaves and their increase; Amy and child named Philis and one negro boy John in special trust and confidence nevertheless, that he and they shall hold the same for the sole use and benefit of my Niece Louisa who intermarried with Neill Gillis during her natural life in such manner that the same shall not be subject or liable to the debts or contracts of her said husband-- and at her death my will is that the aforesaid negroes and their increase shall be Equaly divided among the children of Louisa. My Will further is that the said C. J. Cochran his heir Executors etc shall permit the aforesaid negroes to be worked & controlled by the said Gillis and the proceeds arising from their labor to be appropriated by him to the support and maintenance of his family-- Item--I give and bequeath unto Calvin J. Cochran his heirs Executors administrators and assigns forever the following slave property & their increase Ann & two children to wit Warren and Isaac--and Mary; in special trust and confidence nevertheless that he and they will hold the same for the sole and separate use and benefit of my niece Martha who intermarried with Malcom A. Monroe and during her natural life in such manner that the same may in no even be subject to the debts or contracts of her said husband. My will further is that C.J. Cochran his heirs, etc., may suffer the aforesaid property to be controlled and managed by the said M.A. Munroe if they shall think it wise and prudent and at the death of my Niece Martha then my Will and desire is that the aforesaid slaves with their increase shall descend equally to her children. Item--To my grand Niece Mary C. Cochran I give and bequeath one negro girl Alsy & her increase ad if May C. shall die leaving no child or children surviving her then my will is that the aforesaid slave and increase shall go to her sister Louisa Cochran. Item--To my grand Niece Louisa Cochran I give and bequeath one negro girl Covis & her increase and (if) the said Louisa shall die leaving no child or children surviving her then my will is that Covis and increase shall go to her sister Mary C. Cochran--My will further is that if the said Mary C. & Louisa should die leaving no child or children surviving them Alsy & Covis together with their increase shall to my Nephew David R. Cochran. Item--I give and bequeath to William B Coggin one negro boy name d Sam forever Item--To Burrell T. Coggin I give and divise one tract of land lying at the Gropy Fork Known as the Hicks Old field containing one hundred and fifty acres more or less to have and to hold to him and his heirs forever. Item--To James O. Bruton I give and bequeath one negro boy by the m=name of Sandy forever. Item--My will and desire is that my Executors hereinafter named shall appropriate five hundred dollars out of my Estate for the purchasing and Erecting suitable monuments and fencing over and around my own grave and that of my beloved Wife. All the rest and residue of my property both real, personal & mixed of which I shall die seized and possessed or to which I shall be entitled at my death; my will and desire is that my Executors hereinafter named shall sell--and that the money on hand and the proceeds arising from the sale of the property after paying off the funeral expenses the debts and pecuniary legacies shall be equally divided between Elizabeth Suggs, Dovia R. Cochran, Calvin Cochran, Tamar Haltom, Louisa Gillis, Martha Munroe, Mary C. Cochran & Louisa Cochran.--and my will is that whatsoever part of this residue by calculation is found going to Tamar who intermarried with Spencer Haltom, Martha who intermarried with Malcom A. Munroe shall be placed in the hands of the trustees who respectively shall have in charge the Legacies as given to them in this very will; and that the trustees use the same for the sole use and benefit of them respectively, just as he was directed to do in reference to their legacies--and their shares are to dissend just as their legacies were; and whatsoever share of this Residue is found going to Calvin Cochran he is (to) receive it just as he did the legacy given to him in this my last will and if he is harassed by any creditor for any debt or contract heretofore made or which he may hereafter make then my will is that his residue shall descend just as the legacy has. My Will is that Jonathan Worth be the Counsel to my Executors hereinafter named in winding up my Estate. And Lastly I do nominate and appoint David R. Cochran and Neill Gillis to be the Executors to this my last will and testament. In testimony whereof I the Said William Butler of the County of Montgomery and State of North Carolina have to this my last will and testament subscribed my name and affixed my seal this the 7th day of January A.D. 1866.
his
William X Butler (seal)
mark Signed Sealed published and declared by the said William Butler as and for his last Will and testament in the presence of us who at his request and in his presence have subscribed our name as Witnesses thereto Calvin W. Wooley Malcom Murchison
Montgomery County Court October Session 1866 This Will was duly proved in open Court by the Oath & Examination of Calvin W. Wooley and Malcom Murchison subscribing Witnesses thereto and it was ordered by the Court that said Will be recorded.
C.C. Wade Clerk |
The above Will Record was transcribed by Linda Smith. To contact Linda, send email to [email protected]
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