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The Will of Joseph John Alston I

Privacy Level: Open (White)
Date: 1780 [unknown]
Location: Halifax, North Carolina, United Statesmap
Surnames/tags: Alston Black_Heritage
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Please see the The Slaves of Joseph John Alston I for the distribution of the enslaved in this Will.

Complete Will

Will of Joseph John Alston I, 1780, Halifax Co., NC

In the name of God Amen. I Joseph John Alston of Halifax in the state of North Carolina being weak of body but of perfect sound sence mind and memory thanks be to almighty God Do make and ordain this my last Will and Testament in the manner and form following, that is to say:

  • Imprimis, I recommend my soul into the hands and protection of almighty God that gave it, hoping for a remission of all my sins and my body I leave to be decently interred at the discretion of my Excrs hereafter named, and as for my Worldly Estate which it hath been pleased the almighty God to bestow on me I give devise and bequeath as follows,
  • Item. I give and bequeath unto my son John Alston his heirs and assigns forever all my Land that lies on Reedy Creek, Fishing Creek, B--ns Creek and Long Branch on the South Side Butterwood or the waters thereof consisting of sundry Defor't tracts and whereas my said son John Alston has now a Dispute Depending in Law for a tract or parcel of Land caled the poison fields in Chatham County with Mathew Jones of said county in case my said son John Alston should lose this Land called the poison fields then and in that case I give and bequeath to my s'd son John Alston his heirs or assigns two tracts of Land which I bought of John Coupland in s'd County of Chatham. But in case my s'd son John Alston should recover the s'd land now in dispute from the s'd Mathew Jones, then and in that case only, I give my s'd s John Alston part of the s'd two tracts of Land bought of John Coupland bounded as follows (to wit) lying above the spring branch known by the name of Coupland Spring Branch supposing to be two hundred acres more or less including the Old Plantation whereon Rich Coupland formerly lived -
  • Item. I give and devise to my said son John Alston his heirs or assigns all the negro slaves which I have heretofore Possessed him with, as also one other negro man named Luvey and one other negro man named Joseph which is now in my possession.
  • Item. I give and devise unto my son Philip Alston, his heirs or assigns all the negro slaves which I allotted for him being now in his possession.
  • Item. I have already given to my daughter Patty Merony the several negro slaves which I allotted for her portion the same she has been possessed with many years past.
  • Item. I give and devise unto my son William Alston his heirs or assigns all the negro slaves which are now in his possession excepting the following negroes (to wit) Hanah, Hagar, Silva, Nancy, Pris, Boatswain, Musery, Rose, Rachel,& Sam, which s'd ten negroes herein mentioned I lend unto my s'd son Wm Alston the use of until his children male and female shall arrive to lawfull age or marriage. Then I give and bequeath the s'd ten negroes and their increase to be equally divided between the s'd children and their heirs of assigns share and share alike, Each child to have his or her part or proportion of the s'd negroes and their increase as he or she shall arrive to Lawfull age or marriage as afores'd and the remainder of the s'd negroes to remain as undivided until the neat child shall arrive to age as afores'd and so on till the youngest shall be of age aforesaid to take his or her part of the s'd negroes Which Division it is my will and desire shall be made among my s'd Grand Children by their father my s'd son William, if living, if not by my executors herein after mentioned.
  • Item. I give and bequeath to my s'd son William Alston his heirs and assigns Two negroes (to wit) Fork Ben and his wife Pris.
  • Item. I give and devise to my son Willis Alston his heirs or assigns all that Part of the land which I bought of Wm Meads Estate that lies on the lower Side of the Governors branch and joining Irvins Creek on the So'th side.
  • Item. I give and devise to my two Grandsons John Joseph & William Alston, sons of my son William Alston, a parcel of Land which I bought of the Estate of Mr David Meade Deceased, that lies on Irvins Creek alias Bare swamp above the mouth of Governors branch to be equally Divided between them and their heirs or assigns shall share & share alike but in case the s'd John Jos & William Alston should either of them depart this life before they arrive to the age of twenty one years or leaving Lawfull issue of their body then and in that case I give and devise the part of the sd Land of him who shall or may Decease to the other that survives and in case both of the sd John Joseph & William Alston should depart this life before they arrive to the age of twenty one years then and in that case I give and devise the sd Land to my grandson Joseph John Alston, son of my son Willis his heirs and assigns forever.
  • Item. I give and devise to my grandson John Joseph Alston son of my son William all that part of Land I bought of Joseph Moore in the County of Chatham that lies in the fork between two streams where the sd Joseph Moore built and formerly lived as high up each stream as my land Extends to his and his heirs and assigns forever But in case my sd grandson John Joseph Alston depart this life without lawfull issue then and in that case I give and devise the sd land to my grandson his brother William Alston his heirs and assigns forever.
  • Item. I give and devise to my son Willis Alston his heirs and assigns all my Land that lies in the fork on the northwest side the Beaver pond between Butterwood & the mill swamp as high up each stream as my Land Extends, as also all my other lands between the mill run & the No E't branch of Irvins Creek alias Alstons swamp Including my dwelling house and my manner Plantation likewise including the Plantation and that tract of land where John Mills formerly lived lying at the head of __ Swamp as also all my other Lands on the So E't side of the Beaver Ponds and Bur Swamp tha tlies above joins the Land that was formerly Meads.
  • Item. I give and devise to my son Willis Alston his heirs and assigns all the negroes slaves which I have already possessed him with as also three other negroe men caled Simon & Pocosan Ben as also Frank which are yet in my possession.
  • Item. I give and bequeath to my grandson Jos John Alston son of my son Willis Alston all them two tracts of land lying on the waters of Grate Creek that I bought of Archibald Hamilton & Antony Winston to him and his heirs and assigns forever. But in case of his death before he arrives to years of twenty one or leaving lawfull issue of his body Lawfully begotten then and in that case I give and devise the aforesd two tracts of Land to my son Willis his heirs and assigns. I also give my s'd grandson Jos John Alston one negro boy names Jim, son to Mulato Peg & one negro girl named Jude daughter of Penny to him and his heirs and assigns forever.
  • Item. I give and devise to my son Henry Alston his heirs and assigns forever four thousand acres of Land whereon he now lives which I purchased of Solomon Alston Jnr.
  • Item. All the slaves which I allotted for my son Henry I have already possessed him with and the same I do give to him & his heirs and assigns forever as also I do give and bequeath to my sd son Henry eight other negros (to wit) Hester Peters daughter, Jacob mulatto boy, young Boccoran, Dyner and increase Sabina andDavy to him his heirs or assigns.
  • Item. I have already given my daughter Mary Palmer the negroe slaves which I allotted for her portion the same she has been possessed with some time past.
  • Item. I give and bequeath to John Cooper his heirs and assigns forever all the tract of Land & Plantations in the County of Chatham which I bought of Thomas Coupland known by name of the Hicory Mountain bounded by a branch between the lands I bought of s'd Coupland and the Land I bought of Thomas Stone & from the head of sd branch by a line of mark trees Westerly to the back then round by Deferent lines several courses to the s'd Branch.
  • Item. I lend unto my daughter Uphan Wilson Cooper the use of the following Negroes during her natural life (to wit) Sall, Toby, Will, Roger, Anne, Salls Children, Creas, Buck, Nann, Adam, Creases Children Nan & Will, Cates Children, Charles & Edie, Pegg's children, Jubitor & Abraham, old Joes son, and after her decease I give and devise the s'd negroes & their increase to be equally divided between the lawfull issue of her body male & female share & share alike to them & their heirs and assigns forever.
  • Item. I give and devise to my son Jos John Alston all my lands and Plantations lying in the County of Chatham that is not herein before mentioned of give in legacies to him and his heirs and assigns forever a__ this express condition and proviso that in case my s'd son Jos John Alston should live to the age of twenty one years or leave lawfull issue of his body but if neither of these cases happen I then give and devise the above Lands to my grandsons hereafter named to be divided in the following manner (to wit) to my grandson Jos John Alston son of my son Willis two tracts (to wit) one tract on the E't end of the Hicory Mountains containing one hundred and fifty acres the other tract containing three hundred and fifty acres more or less which I bought of Simon Tyrrel, to him and his heirs or assigns forever. the residue of the afore s'd Lands I give devise and bequeath as follows (to wit) to my grandson Jos John Alston son of my son Joseph, to my grandson John son of my son Philip, to my grandson John Joseph son of my son William, and to my grandson Jos John son of my son Willis, to be equally divided between them and their heirs or assigns forever, share and share alike but in case either of my sd grandsons should depart this life before the arrive to the age of twenty one years or leaving of Lawfull issue of their body then I give and devise the part or parts of him or them so dying to the next brother of him or them so dying which shall then be living to them or each of them and their heirs or assigns forever.
  • Item. It is my will and desire that my negroe woman Lucey, the cook wench, sall enjoye her liberty after my decease in the same manner as a free born person for and during the space of thirty-five years to commence immediately after my decease she the s'd Lucey yielding and paying to my Excrs herein after named the annual sum of one shilling Proc money if the same is by them demanded and at the Expiration of the aforesaid Term of thirty five years it is my will and desire that Exrs or either of them shall and they or either of them are hereby Impowered to sell the s'd Lucey and the money arising from such sale to be given to my son Jos John, and during afores'd Term of years It is my desire that the afores'd Lucey be under the Protection of my Excrs herein after mentioned.
  • Item. And for Preventing Disputes which may arise amongst my sons about any former rights or titles of heir ship in any slaves given by me amongst any of my s'd sons and now in their possession it is my will and I do hereby desire and direct that if any one of my s'd sons, John, Philip, William, Willis, Henry, or Jos John shall at any time hereafter sue for and recover or other ways dispossess any other of my s'd sons of any slave or slaves given them by me, in such case I do hereby revoke so much this my last will as bequeath any Lands o such son, who shall Dispossess any of his brothers and I do hereby will and devise all the Lands such son might have inherited in virtue of such will unto such of my other sons who shall be so dispossessed of heir slaves by him to be held or them their heirs and assigns forever in fee simple.
  • Item. I give and devise to my son Jos John Alston all and singular of the remainder of my negro slaves, and all other of my estate both real and personal of what nature kind or quantity so ever which is not heretofore by me bequeathed which I shall be possessed with at the time of my decease to him and his heirs and assigns forever, and in case he should depart this life without leaving Lawfull issue of his body then I give and devise the afores'd negro slaves with their increase and all other personal Estate above bequeathed to be equally divided to and amongst all the rest of my son & daughters; my sons John, Philip,William, Willis, Henry, & my daughters Patty, Mary, and Uphan Wilson, and my grandson Jos John son of my son Willis and to their and each of their heirs and assigns forever (and the survivors of them...
  • Item. And lastly I do hereby nominate constitute and appoint my trusty and well beloved friends Willie Jones, Solomon Williams, William Alston the son of Philip, James Alston and John Jones and my son Joseph John Alston Excrs to this my last will and testament hereby revoking disanulling and making void all other will or Wills or Testaments by me heretofore made or published.

In witness whereof I have hereunto sett my hand and affixed my seal this fifth day of January in the year of our Lord one Thousand Seven Hundred and Eighty.

Signed, Sealed, Published, and Declared by the Testator Jos John Alston as & for his last Will and Testament in presence of us who at his request subscribe our names as witness to the due Excr of the same.

Robert Green John Green Wiley Green

Halifax County __ August Court 1781. Then this will was Exh'd in open court and duly proved by the oaths of John Green and Robert Green, two of the subscribing witnesses there to whereupon Solomon Williams, Wm Alston sn of Philip, & John Jones Excrs Qualified according to the Law an Motion ordered to be recorded. Test Wm Wootten





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