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The Will Of Joseph John Alston II

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Date: 30 Sep 1839 [unknown]
Location: Chatham, North Carolina, United Statesmap
Surname/tag: Alston
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Chatham County, North Carolina - Wills - Joseph John Alston II, 30 Sep 1839[1]

I Joseph John Alston of the County of Chatham & State of North Carolina, being of sound & disposing mind and memory, revoking all wills by me heretofore made do make, ordain, publish & declare this to be my last Will & Testament in manner and form following viz.

First - I give & devise unto my beloved wife Martha all the lands I bought of Joshua Hadley, Levi Johnson & Thomas McCarryl during the term of her natural life. Also as many of my negroes as she may think proper to take out of all those of which I shall die possessed and at her death it is my will that said negroes with their increase be divided equally among all my sons. Also all my Household and kitchen furniture and the stock that belongs to the Home plantations and the plantations known by the name of Hadley's place or Charly's to be entirely at her own disposal -

Then I give and devise to my son John Jones Alston & his heirs all the land I bought of Samuel Lindley & Thomas Lindley lying on Cane Creek also one other tract of three hundred acres lying on Harlan’s Creek including the house in which he lives on the condition following: that is to say that the said John Jones Alston shall never in any manner whatsoever claim or contend for the property or any part thereof which was willed to him by John Jones of Warren County of which property I have heretofore disposed & if he shall claim or contend for said property then & in that case it is my will that the lands herein devised to him shall be equally divided among my other sons -

Item - I give & devise to my son George Washington Alston & his heirs all the lands I bought of Gideon Seawell & Asa Jernagan lying in Moore County. If the lands herein devised to John Jones Alston & George Washington Alston shall be considered more valuable than the land hereinafter given to my other sons, then it is my will that they shall pay over to their brothers as much as shall make all their shares to be of equal value.

Item - I give and devise to my son Nathaniel Macon Alston & his heirs all the lands I bought of John Headen & as much more as shall make his part equal in value to the parts of his other brothers.

Item - I give & devise to my son Gideon Alston & his heirs all the lands I bought of William Duffy, the Goodwins, the lands my father bought of Dowd & as much more as shall make his part equal in value to the parts of my other sons.

Item - I give & devise to Robert Palmer Alston & his heirs the land I bought of Samuel Jackson on Haw River also the lands I bought of my son John Jones Alston on Haw River & as much more as shall make his part equal in value to the parts of my other sons -

Item - I give & devise to my son Philip Kearney Alston & his heirs all the lands I bought of James Mebane & McKenzie & as much more as will take in his dwelling house & the spring he uses then down the various courses of said Spring Branch until it intersects the line of land I bought of [Tomkins?] then East with said line & [?] for couplement -

Item - I give & devise to my son Joseph John Alston & his heirs all the lands my father bought Tyrrell also all the lands I bought of Jenkins -

Item - I give & devise the balance of my lands to all my sons & their heirs in such manner that all their shares shall be of equal value.- It is my will that the lands herein devised to my sons respectively shall be of the same identical value & that each one of my sons older & younger shall pay over to his brothers or receive from his brothers as the case may be so much as shall make all their respective shares of equal value.

Item - I give & bequeath to my eldest daughter Elizabeth Kinchen Jackson & her heirs all the negroes which I put into her possession after she was married & the increase of said negroes since that time and in addition to these Twenty four negroes more.

Item - I give & bequeath to my Executors hereinafter named & then the survivors or the survivor of them & then the Executor of Administrator of the last survivor the negroes I put into the possession of my daughter Margaret Cotton after she was married & the increase of said negroes since that time and in addition to these Twenty negroes more in special trust & confidence nevertheless for the sole and separate use & benefit of my daughter Margaret & of such children as she now has or may hereafter have exclusive of the jur mariti of her present or any future husband with full power & authority after the death of my said daughter Margaret to divide & allot the same among & between the children of my said daughter, living at the time of her death and the children of any children of my said daughter dying in her lifetime in shares given to each child of my said daughter & to the child or children of my deceased child of my said daughter an equal portion of the said Estate as the parent of said child or children would have been entitled to if he or she had been living at the time of my said daughter's death which division & allottment shall be by deed made by my Executors or any one of them or by the survivors or the survivor of them or their Executors & shall vest the estate so alloted in said child or children or Grandchildren of my said daughter & their heirs absolutely -

Item - I give & bequeath to my daughter Emeline Hamlin & her heirs all the negroes I put in her possession after she was married and the increase of said negroes since that time and in addition to them ten negroes more: also, I give & bequeath to my Executors hereinafter named to the survivors or survivor of them & to the Executor of the last survivor Ten negroes in special trust & confidence nevertheless for the sole & separate use & benefit of my said daughter Emeline & of such children as she now has, or may hereafter have, exclusive of the jur mariti of her present or any future husband with full power & authority after the death of my said daughter Emeline to divide & allot the same with their increase among & between the children of my said daughter living at her death & the children of any child who may have died during her life-time in equal shares the children of such child so dying in the life-time of my said daughter representing the parent which devise and allotment shall be by deed executed by any Executors of the survivors or survivor of them or the Executor of the last Survivor & shall vest the property so allotted in the children or grandchildren of my said daughter Emeline & their heirs absolutely.

Item - I give & bequeath to my Grandsons & namesakes Joseph John Jackson, Joseph John Alston, Joseph John Cotton & Joseph John Hamlin one negro girl each which said negroes shall be of equal value.

Item - I give & bequeath to my Grandson John Jones Alston one negro -

Item - It is my will that the ten negroes I have given to my daughter Emeline over & above those now in her possession and the ten negroes herein given to my executors in trust for the sole use & separate benefit exclusive of the marital right of her present or any future husband making Twenty negroes in number & likewise the twenty negroes given to my Executors in trust for the sole use & separate benefit of my daughter Margaret Cotton exclusive of the marital right of her present or any future husband be of equal value with the twenty negroes given to my daughter Elizabeth Kinchen Jackson & that the remaining four given to my daughter Elizabeth K. Jackson shall be equal in value to any four negroes in either of the three lots given to my said daughters. I wish it known to my family & to the world that I have given my daughter Elizabeth four negroes more than either of her sisters on account of the conduct of her husband Samuel S. Jackson in relation to my Law suit [?].

Item - I give & bequeath to my son John Jones Alston & his heirs all the negroes of mine which he has in his possession also Milly & Nanny (given to me by John Jones of Warren County) & their increase and should they not be equal in number to the lots of his other brothers it is my will that they be made equal -

Item - I give & bequeath the balance of my negroes not herein otherwise bequeathed to my other sons equally to be divided between them and when a division shall be made each one shall say what number he began with the interest that all of them shall have the same number-

Lastly - I do hereby nominate & appoint my beloved friends Oroon Alston, Edwards Rives, Samuel S. Jackson, Robert Marsh, Dr. John Hawkins, Alfred Marsh ,Daniel Marsh, William A. Rives & all my sons Executors of this my last Will and Testament -

In testimony whereof I have hereunto set my hand & affixed my seal this 30th day of September A. D. 1839.

Jos. Jn. Alston [SEAL]

Signed sealed published & declared by the Testator in our presence to be his last Will & Testament & at his request & in his presence & in presence of each other we did subscribe the same as witnesses thereto.

Test. John M. Hill Frederick A. Hill


Chatham County August Session 1841

This certifies that the foregoing last Will & testament of Joseph John Alston dec'd was proved in open court by the oath of Frederick A. Hill a subscribing witness thereto & ordered to be recorded. Whereupon John Jones Alston & Samuel S. Jackson two of the Executors therein named appeared in open court & were duly qualified as such - The following persons therein named as Executors having renounced their right to qualify, to wit Oroon Alston, Wm. A. Rives, Robert Marsh, Robert P. Alston & Phillip K. Alston at this Term and A.H. Marsh & Dr. John Hawkins at Nov. Term 1841.

Sources

  1. Probate: "North Carolina, U.S., Wills and Probate Records, 1665-1998"
    Wills, 1770-1931; Author: North Carolina. Probate Court (Chatham County); Probate Place: Chatham, North Carolina
    Ancestry Sharing Link - Ancestry Record 9061 #1896629 (accessed 12 December 2022)
    Joseph John Alston probate on 30 Sep 1839.




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