The last will of James Salsbury, executed 16 January 1864, proved in June Term 1864. North Carolina. County Court of Pleas and Quarter Sessions (Martin County). "Wills." FamilySearch, film # 4,755,385, page 2:520/image 465, reads as follows. Bold text is used for the introduction of new names, there is no such emphasis in the copy found in the will book.
State of North Carolina
Martin County
I James Salsbury of the state & county before named, knowing the uncertainty of life and the certainty of death, being feeble in health, but thanks to the Almighty God, sound of mind as I ever was, do make and ordain the following disposition of my earthly estate, it being my last will and testament. --
Viz., 1st, I want all my just debts contracts paid from the funds of my estate, that shall come into the hands of my executor. --
2nd, I give unto my son James O. Salsbury the tract of land whereon he now lives, containing one hundred and forty nine acres, adjoining the land of James Bowers' heirs & others, also one bed & furniture which he has, and one half of the brandy still, apple mill, barrels & presses, also one negro woman Mary & child, Boy Charles & negro woman Patty. --
3rd, I give unto my son John O. Salsbury, one tract of land called the Horton tract, where [S.T.?] Gilsson now lives, containing one hundred and twenty four acres provided he has an heir or heirs lawfully begotten of the body, and in the event he should die before he has and leaves at his death said heir or heirs, the said tract of land and all the improvements shall return to my daughter Mary L. Salsbury --
I give unto the said John O. Salsbury the following named negroes, viz. Hilliard, woman Syer & her child William, also one double bbl gun his choice, one half of the brandy still, apple mill, barrels & presses, also my buggy & harness & one bed & furniture, also one cow & calf--2nd choice.
4th, I give unto my son Richard B. Salsbury the tract of land whereon I now live, containing one hundred & twenty acres, be the same more or less, lying and being on the south east side of the mill pond run called Juniper Run to the Run of said Juniper Run Branch, save and except four acres which will be described hereafter, the above named lands and improvements I give to the said Richard, provided he has an heir or heirs lawfully begotten of the body, and in the event he should die before he has and leaves at his death said heir or heirs, the said tract of land shall return with all the improvements to my daughter Sally E. Salsbury. I also give to the said Richard B. Salsbury one third of the saw & grist mill, together with all of the one third interest in the pond privileges, one tract of land where the mill house stands, also ⅓ of two acres reserved for the benefit of the miller's house, also one Boy Henry, woman Janet & child Laura, one bed & furniture, one bay horse I bought of Dr. Pugh and one single barrel gun. --
5th, I give unto my sons Augustus W. Salsbury & Robert H. Salsbury the tract of land in the fork of the mill pond call the Joseph R. Ballard old place, containing two hundred acres, more or less, als the tract of and that I bought of James [E?] Purvis, to be equally divided between them according to valuation, and should either of them die before they arrive of age or have a lawful heir or heirs, the other is to have his share, and should both die before they arrive to age or leave an heir or heirs lawfully begotten of the body, then in that event, the same tracts of land and all the improvements shall go to my daughter Nancy E. Howard. I also give to my son Augustus W. Salsbury, one negro boy Harmon and girl Salva, a bed & furniture, one sorrel mare, one single barrel gun, also one third of the grist and saw mill with all the privileges as described in the gift of the same to Richard B. Salsbury.-- I also give unto my son Robert H. Salsbury, one boy Sam & one girl Fanny, one bed & furniture, one double barrel gun, one writing desk, also one third of the saw & grist mill with all the privileges as described in the gift of the same to Richard B. Salsbury.
6th, I give unto my daughter Sally E. Salsbury, one negro girl named Harriet, one man Moris and one woman Eliza, one bed & furniture, her choice, one bureau one spring wagon & harness, one bay horse called Tim, one cow & calf, her choice, choice horse cart & geer, all the crockery knives & forks, and one thousand dollars in bonds against individuals.
7th, I give unto my daughter Nancy E. Howard, one negro man Mathew, one girl Amanda & Emma, one bed & furniture, one bureau, one cow & calf, and four hundred dollars. --
8th, I give unto my daughter Mary Louisa Salsbury, one negro boy Miles, girl Ricey & girl Martha, one bed & furniture, one bureau, 3rd choice, and fifteen hundred dollars against individuals.
9th, In addition to what I have given my son Robert H. Salsbury, I give unto him one thousand dollars in bonds against individuals.
10th, Owing to our present difficulties, our serva[n]ts liable to be taken by the enemy, and should any of them die before a general division of my estate that I have given off, then and in that event, the said negro or negroes so dying or being carried off or going off, so that the owner does not get them, the said negroes shall be valued and the amount be made good from all my children, share & share alike, as I desire unto make them equal in the loss.
11th, I want my estate to remain together for the present year, and should my executor think best, still longer, but whenever after the year he may think to the interest of my estate, I expect him to sell all of my chattel property that may be on hand, after giving and paying over as before named to my children, and the balance of all my estate of every kind, save and except two acres of land which I reserve in R.B. Salsbury's tract, said two acres I leave to my sister Sarah Branton [Braxton][1] during her life time, said two acres to adjoin the miller's house and lot, so as to include the house where Mrs. Martha Johnson now resides, and and at the said Mrs. Branton's [Braxton's] death, said two acres are to go to said R.B. Salsbury's tract, the balance to be equally divided, share & share alike, between all my children, after allowing a year for the children that is with me. --
12th, and last, I do hereby constitute and appoint my friend Bryant Bennett Executor to this my last will and testament, also guardian of my minor heirs -- In witness whereof I have hereunto set my hand and seal, in presence of us, this the 16th January one thousand and eight hundred and sixty four.
Witness "after allowing a years support for the children that is with me" interlined before signed.
James Salsbury [seal]
attest: Jesse A B. Cooper, Asa Johnson.
[The will was presented in court July Term 1864 by Bryant Bennet and proved on oath of J.A.B. Cooper and Asa Johnson.]
Footnotes
- ↑ James' original will is not extant. The copy in the will book spells his sister's name as Branton, however, it is Sarah Braxton/Brackston who is living next to James Salsbury and Martha Johnson in the 1860 census.