I, John M. Motz, do make and Publish this as my last Will and Testament. first, I will and bequeath to my wife Katharine all of my Town Lotts in the Town of Lincolnton No Carolina together with all the buildings thereon, and also my household and Kitchen furniture of every description, and I also give to my wife all the lands that I own on Leonards Fork - Also I give to my wife Katharine a Tract of land On Howards Creek, known as the Saw Mill Tract. Also I give to my wife ten of my Negroe Slaves to be chosen by herself out of the whole number which I may own at the time of my death: also One Wagon and Team to be chosen by herself - Also I give to my wife four cows her choice and it is my will and pleasure that, if my wife shall deem it proper to Remove to the Country after my death, she shall have liberty to live on my old plantation given by this will to my son John and have such Rooms in my former dwelling house as she may chose to occupy – and also I give to my wife, Two thousand dollars in Money or Notes - the above named property as Given to my wife to be hers absolutely during her widowhood - and further it is my will and desire that at the death of my wife the above Mentioned property as given to her be equally divided amongst all my children or the proceeds thereof - and further if my wife should marry after my death that then & in that case she shall have a Childs part of the above mentioned property. - It is also my will and Desire that my executors have power to sell any of the above Mentioned property as given to my wife at any time after my death by first obtaining her consent and the proceeds of such sale to go to my wife upon the same conditions as the above property is given.

2n. I will and bequeath to my son John all of the lands whereon he now lives, the lands lying on the Waters of Howards creek known as my former residence. It is my will that he have all the lands I own and are adjoining thereto supposed to be eight or nine hundred acres.

3d. I give and bequeath to my son George W four thousand five hundred dollars.

4th. I give and bequeath to my son Andrew a tract of land lying on the waters of Horse[?] Creek known as the Stortler Tract and also Three thousand and three hundred dollars in Money or notes.

5th. I give and bequeath to my two sons Caleb & Wade my lands on Potters[?] Creek and the south fork known as the Clay Tract and a Tract I bought of Lantz's[?] heirs - to be equally [?] between them according to Value when Wade shall arrive to the age of 21 years the rents and proffits of said land to go to the said Caleb & Wade after my death.

6th. I give and bequeath to my Daughters Elizabeth and Caroline each four thousand Dollars in Money or notes; also I give to my two Daughters Elizabeth and Caroline a Tract of land that I Bought of Maxwell Wilson as the agent of Loville[?] and Potters[?] to be equally divided between them according to Value.

7th. It is my will that the balance of my negroes which Remain after my wife has made Choice of those she is to get, be equally divided between all my Children in the following Manner my oldest child to have first choice the next oldest the second choice and so on till all are Chosen each in their turn choosing one at a time and if it should so happen that there is any not chosen by my children as above directed that in that case such negro be sold at publick sale - and further it is my desire that my executors select three discreet Persons to Value the different tolls of negroes Chosen as above and if One of my children shall have chosen a toll More Valuable than their equal share of said negroes, then such Child or children shall pay to the other or others the Amount which his her or their share shall exceed in Value an equal share of the whole - It is also my desire that my wife shall Chose for my sons Caleb and Wade in the division as aforesaid.

8. And it is my will and desire that all of The balance of my property of every description (my property in Texas excepted) not heretofore disposed of by this Will be sold by my executors and the proceeds equally divided between my Sons and my wife Katharine Share & share alike.

9th. It is also my will and desire that if any of my children shall die without having any Children or descendants at the time of their death or without having such born after their death, then it is my will that such property as is hereby given to such child or children be sold by my executors and equally divided between all of my Children.

10th. and I hereby give and bequeath the whole of my Texas property to be equally divided between my sons.

11th. Wheas as I hold some notes of hand on some of my sons these notes are to be accounted for To my Estate the same as if on any other person.

12th. And I expressly forbid that any of my children go to law in any shape with one another either as heirs or Executors but should any difficulty arise I direct that my wife and my children each to chose one discreet person and the Matter be Referred to their Award - the true meaning of the above is this that each of the disputants Choose a discreet person and the Matter be Referred to their Award and in case the persons chosen do not agree they shall have power to choose an umpire and their award shall be final.

13th. It is the full intent and meaning of this my last will & testament That should my wife marry at any time after my death that my executors have full power and authority to sell all or any part of my estate herein Willed to her and the proceeds divided as heretofore directed.

14th. Whear as I have given my son George W. a negro boy and there is no account taken of him therefore that negro boy shall stand as his, my son George’s, first choice in the division of my negroes among my children as heretofore directed.

And I do hereby appoint my sons John, George W, & Andrew Executors of this my last will and testament 22d day March 1839 - John M Motz {seal}

• Probate: "North Carolina, U.S., Wills and Probate Records, 1665-1998", Lincoln County, North Carolina, Wills and Estate Papers; Author: North Carolina. Division of Archives and History; Probate Place: Lincoln, North Carolina, Ancestry Record 9061 #886346, John M Motz probate on 22 Mar 1839 in Lincoln, North Carolina, USA.