Transcribed Will of Benjamin Martin

Date: 6 Feb 1818 to Oct 1821
Location: Wilkes, North Carolina, United States
Surname/tag: Martin, Parks, Rosseau, Bagby, Cleveland

Will: OCT 1821, Wilkes County, North Carolina (October Term 1821.) Will of Benjamin Martin ^[1]

In the Name of God amen I Benjamin Martin of the State of North Carolina and County of Wilkes being of good health of Body and Sound of mind and Memory thanks be to God for the same calling unto mind the Motality of my body and knowing that it is appointed for all men once to die do this sixth day of February in the year of our Lord One thousand eight Hundred and Eighteen make and publish this my last Will and Testament in manner following that is to say. —

First of all I commit my Soul to God who gave it my Body to be Buried in a decent Christian Burial at the Disposial of my Executors. —

Secondly, I desire that all my Just debts should be paid out of my Money and property. —

Thirdly, I give to my four Sons the following Negroes to wit.) Negroe John to my Son Robert Martin; Negroe Sam to my Son Benjamin Harrison Martin; Negroe Joe to my Son James Martin and Negroe Ceasar to my Son John Martin; and to my Daughters, Patsey Parks I give the following Negroes, Sarah, Andrew, Sam and Ambrose, and to Sarah Merdith Rosseau I give Jinny and her increase, and to Anne Bagby I give Winney and Cate and their Increase, and to Elizabeth Martin I give Sillar and Tom, and to Diannah Martin I give Sarah and Dinah and their Increase to them and their heirs forever. —

I also, give to my two Sons James Martin and John Martin the tract of Land whereon I now live. (to wid.) the upper end I give to James Martin and the lower end I give to John Martin, the Division line to run as follows (to wit) Beginning at the mouth of the Spring branch thence a Straight line to a mark'd poplar at the foot of the of the Hill whereon I now live thence along the foot of said Hill so as to take in a part of said branch for the benefit of Watering to the lower tract; thence to a Mark'd Oak near the foot of the Hill beyond the Gate, thence with said Mark'd line to the Road that leads to Robert Martins old School House, thence with said Road to the back line to them and their heirs forever. —

Also I give to my Son James Martin One Hundred acres of land where my shop now stands to him and his Heirs forever. —

Also I give to my Son John Martin a tract of land lying on Roaring River known by the name of the Horse Shue containing One Hundred and forty acres together with all entries I may have adjoining them __ to him and his Heirs forever. —

I give to James Martin the Shop tract & John Martin the Roaring River tract in consequence of their having ___ Benefit of the tract whereon I now live during my life. —

I also give and bequeath Negroe Abram and Primas, and One-tenth part of all my property hereafter to be disposed of to my Executors herein after to be appointed in trust to keep for my Daughter Amelia Cleveland and the profits of said property to pay over to my said Daughter for her own use and benefit during her life with out the intervention or disposal of John H. Cleveland her Husband and after the death of my Daughter Amelia Cleveland it is my Request & disire that my Executors and Trustees as aforesaid shall divide the afore Mentioned property willed to them in trust as aforesaid amongst all the Children of the body of my said Daughter Amelia Cleveland Equally and in case any Child or Children of my Daughter Amelia Cleveland should die in her life time leaving Issue then such Issue to have such part or parts of said property as his or their father or Mother would have been entitled to provided he or they would have been living at the death of my said Daughter Amelia Cleveland. —

I give and bequeath one tenth part of all my property to be hereafter disposed of to my Executors herein after to be appointed in trust to keep for my Daughter Elizabeth Martin and the profits of said property to pay over to my said Daughter to her own use and benefit during her life without the disposial or Intervention of John Martin her Husband and further to be _____ disposed of in every Respect to her and her heirs as I have above directed Respecting my Daughter Amelia Cleveland and her heirs. —

And finally I give and bequeath to my other children (to wit.) Robert Martin, Patsey Parks, Benjamin H. Martin, Sarah M. Rousseau, James Martin, Anne Bagbey, John Martin and Dianah Martin One tenth part each of all the property both Real and Personal not already disposed of that I may die leased and possess'd of and the other two tenths to be held by my Executors in trust as above directed. —

And I do hereby make and Ordain my beloved Sons Robert Martin, Benjamin Harrison Martin, James Martin and John Martin my Executors and Trustees Strictly enjoining it on them to carry into effect this my last Will and Testament. In witness whereof I the said Benjamin Martin have to this my last Will and Testament set my hand and Seal the day and year above written. Benj. Martin (seal). — Signed Sealed Published and declared by the said Benjamin Martin in Presents of us - M. Thurmond Jut. - The above will was duly proven in open court Benjamin Parks Jut.| by the Oaths of M. Thurmond & Benj. Parks and Jefferson Marston the Executors Sworn. Test- R. Martin Clk.

A Codicil to the above will (to wit.) — Be it remembered that in my last Will & Testament bearing date the sixth day of February one thousand and eight Hundred and eighteen I willed a Negroe man called Primus to my Daughter Amelia Cleveland and having since that empowered my Son James Martin to sell said Negroe, and the said James Martin having sold said Negroe for six hundred Dollars. I do by these presents Authorize and impower my Executors named in my last Will and Testament to pay to my Daughter Amelia Cleveland instead of said negroe the balance of the above mentioned $600. that shall Remain unpaid to her by me in my life time, after deducting the cost and Charges for collecting the same, the payment to be made under the same conditions and Restrictions contained in my last Will and Testament Respecting payments to be made to her, In witness whereof I have hereunto set my hand and Seal this Seventh day of September 1821. — Test Benja. Martin (seal), Jas. M. Parks Jut., Alfred Martin Jut.^[2] Inventory^[3] Final Accounts^[4]

Sources

1. ↑ 1818 Wilkes Co., NC Will Book 4 pages 12-14
2. ↑ Will records and index 1780-1963: "North Carolina Probate Records, 1735-1970"
   Catalog: Will records and index 1780-1963 Wills, v. 3-4 1811-1848
   Image path: North Carolina Probate Records, 1735-1970 > Wilkes > Wills, 1821-1848, Vol. 04 > image 168 of 400
   FamilySearch Image (accessed 3 November 2021)
   • Wilkes Co, NC, Will Bk 4 p.12-14, Benjamin Martin's will written 6 Feb 1818, Codicil 7 Sept 1821, Proved in Court Oct term 1821.
3. ↑ Will records and index 1780-1963: "North Carolina Probate Records, 1735-1970"
   Catalog: Will records and index 1780-1963 Wills, v. 3-4 1811-1848
   Image path: North Carolina Probate Records, 1735-1970 > Wilkes > Wills, 1821-1848, Vol. 04 > image 172 of 400
   FamilySearch Image (accessed 3 November 2021)
   • Wilkes Co, NC, Will Bk 4 p.19, Feb 1822, Benjamin Martin's Inventory
4. ↑ Will records and index 1780-1963: "North Carolina Probate Records, 1735-1970"
   Catalog: Will records and index 1780-1963 Wills, v. 3-4 1811-1848
   Image path: North Carolina Probate Records, 1735-1970 > Wilkes > Wills, 1821-1848, Vol. 04 > image 184 of 400
   FamilySearch Image (accessed 3 November 2021)
   • Wilkes Co, NC, Will Bk 4 p.32, Nov 1822, Benjamin Martin's Inventory