Transcribed Will of William Boylan

Date: [unknown] [unknown]
Location: Raleigh, Wake, North Carolina, United States

This page is under construction, please do not edit. Adams-36348 13:21, 16 July 2023 (UTC) Will of William Boylan

Source

Ancestry.com. North Carolina, U.S., Wills and Probate Records, 1665-1998; Wills and Estate Papers (Johnston County), 1663-1978; Author: North Carolina. Division of Archives and History; Probate Place: Johnston, North Carolina^[1]

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Transcribed text

I William Boylan of the County of Wake and State of North Carolina being of perfect, sound and disposing mind and memory do make publish and declare this to be my last will and testament.
First
I give and devise to my wife Jane Boylan, her heirs and assigns my house and lot in the City of Raleigh, on the South side of Hillsborough Street, purchased from William F. Collins, and the sum of Three thousand dollars to put the same in repair. I also give and bequeath to my said wife, during her natural life, the following negro Slaves, old Jesse, Spencer, Dick, Terry and her children, Martha Gunter and her children, Jack Booker and his wife Phillis and their ten children, and all the slaves which I acquired by my inter- marriage with my said wife, together with all their present and future increase (except, Cherry and Nancy Whitfield and her children and Jim Birdsall’s wife) and after the death of my wife, I give and bequeath the said negro slaves to my daughter Jane now the wife of William E. Green, during her natural life, and after her death to be equally divided among the children of my said daughter Jane.
Secondly
I give, devise and bequeath to my wife Jane Boylan her heirs and assigns, One hundred and seventeen acres of land lying on the South side of Crabtree Creek in the county of Wake which I purchased from James Boylan and wife, all the house- hold and kitchen furniture belonging to my Wakefield plantation, or homeplace, all the provisions which may be on hand at my aid Wakefield plantation at my death, and Ten thousand dollars in money over and besides the three thousand dollars heretofore bequeathed to her.
Thirdly
I give, devise and bequeath to my son John H Boylan for and during his natural life my Cape Fear plantation in the County of Chatham and all the negro Slaves on the said plantation at the date of this will- if my said son John shall marry and lawfully begotten child or children, or the issue of such living at his death, then I give, devise and bequeath the said plantation and negros to such child or children- but if he shall die leaving no such child or children, nor the issue of such then living, the I give the said plantation and negroes to my grandson William, (son of William M. Boylan) during his natural life and at his death to his oldest son. I also give to my said son John all the crops stock and farming implements of every kind which may be on said plantation at my death- my town lots in the town of Haywood in said county and ten thousand dollars in money, to him, his heirs , executors & administrators provided that he shall board my brother Abraham Boylan during his life and supply him with clothes to the amount of one hundred dollars per annum during his life-
Fourthly
I give, devise and bequeath to my son John H. Boylan during his natural life, the plantation in Yasoo County Mississippi, which I recently purchased from my son- inlaw, William E. Green, together with all the Negro Slaves therein at the date of this will-and at the death of my said son John I give, devise and bequeath the said plantation and negroes to his reputed daughter Adelaide, for and during her natural life and at her death to be equally divided between her children, but should she die without having any child or children, or the issue of such then living, then I give said plantation and negros to Betsy and Mary Boylan, the daughters on my son William M. Boylan to be equally divided between them. I also give to my said son John all the crops stock and farming implements of every kind which may be on said plantation at my death. I also give and bequeath to my said son John H. Boylan negro man Arch and his wife Eliza and their six children together with all their future increase (the said slaves being on my Cape Fear plantation in Chatham County) -for and during his natural life, and at his death I give said slaves and their increase to his reputed daughter Adelaide during her natural life and after her death to be equally divided between her children, but should she die leaving no child nor children, nor the issue of such, then I give said slaves to Betsy and Mary Boylan the daughters of my son William M. Boylan.
Fifthly
I give devise and bequeath to my daughter Catherine Boylan her heirs and Executors and administrators, my Wakefield plantation adjoining the City of Raleigh whereas I now live, together with all my lands contiguous thereto; My Library of Books in said place, all the stock, growing crops and implements of husbandry , which may be thereon at my death; three thousand dollars in money to repair the houses, fences &c. and the house -hold and kitchen furniture which may be in my house and lot In Raleigh heretofore given to my wife- it is my desire that the above place shall be kept as a home for my relatives and friends when they visit Raleigh, I am sensible that I impose an annual expense upon my daughter, but she is the only one of my children, that will likely be able and willing to keep up the plan and take care of the Library, which I wish her to dispose of to someone or more of my grandson(s) but if she should make no disposition thereof it is my desire that it shall go to my grandson William, son of William M. Boylan.
Sixthly
I also give, devise and bequeath to my said daughter Catherine Boylan, for and during her natural life, one half of my Mosely tract of land in the County of Yasoo and State of Mississippi, and one half of two hundred and forty acres, adjoining thereto, purchased of Major Henry Vaughn and One half of eighty acres, adjoining the same, bought of Burroughs-and also one half of all my Slaves not herein otherwise disposed of- and upon the death of my said daughter Catherine, I give said lands and slaves to such child or Children of my said daughter as she may by her last will and testament, or by writing in nature thereof and attested by two witnesses, direct, living or appointment- and in default of such appointment then to all the children of my said daughter Catherine. But if my said daughter Catherine shall die leaving no child or children nor the issue of such living at her death , then I give said lands and slaves to the children of my son William M. Boylan and my daughter Jane Green to be equally divided between share and share alike.- I also give and bequeath to my said daughter Catherine all the crops, stock and implements of husbandry of every kind and description which may be on my Mosely plantation at my death and ten thousand dollars in Money in addition to the three thousand dollars herein before given her.-
Seventhly
I give, devise and bequeath to my son William M. Boylan for and during his natural life, my middle tract of land in Yasoo County, Mississippi, including the Mobly tract purchased from Dixons my Crabtree plantation in the County of Wake and State of North Carolina and the other half Of my negro slaves not herein otherwise specif- Ically disposed of (the one half having been before Given to my daughter Catherine) and upon the death of my son William I give and bequeath said lands and slaves to such of the children of my said son William may by his last will and treatment direct, limit, or appoint, and in default of such appointments, then I give and bequeath the said lands and slaves to all the children of my said son William. I also give and bequeath to my said son William his executors and administrators all the crops, stock and implements of husbandry of every kind and description which may be on my said plantation hereinbefore given him, at my death, and ten thousands dollars in money
Eightly
I give, devise and bequeath to my daughter Catherine Boylan her heirs, executors and administrators the remaining half of my Mosely tract of land in Yasoo County, Mississippi and of the other two hundred and forty acres contiguous thereto, bought of Major Henry Vaughn, and of the eighty acres adjoining bought of Burroughs (*) and the following slaves to wit, Chester, John Fowler, John Bryan , Hagar and all her children and grandchildren, Delia and her children, Simon and Delsy his wife and her children and grand children, Bob and Milly his wife and her children and grandchildren, Alvin & Frankeys child Mary, Charles Hill and his wife Maria, and her children and grand children, Ruffin Henderson and Anderson, Jack Birdsall and his wife Tabatha and her daughter, Joe Brooks and his wife Cherry, Anderson’s wife Nancy Whitfield and her children and Jim Birdsall and his wife, and all the future increase of said slaves in trust for and for the use of my grandson John S Boylan for and during his natural life, and at his death for the use of all the children of my said grandson John S. Boylan, and should my said grandson die without leaving any child or children or the issue of such, him surviving, then I give all the property hereby bequeathed to my daughter Catherine in trust for my said grandson, to be equally divided between the children of my son William M. Boylan, and of my daughter Jane Green share & care alike. I also give and bequeath to my said daughter Catherine Boylan ten thousand dollars in money upon the same uses and trusts as are declared in this eighth clause of my will as to the lands and negroes therein mentioned. (*)while this seems to be a duplicate of the sixth item, it is as the will was written.
Ninthly
I give and bequeath to my daughter Jane Green wife of William Green two thousand dollars in money, which with the eight thousand dollars already given to her husband William E. Green will make up her share of Ten thousand dollars in money.
Tenthly
I give and devise and bequeath to my two grandsons Weldon E. and Alexander P. Boylan, for and during their natural lives all the negro slaves which may be on my Johnston plantation at the date of this will, also negro man Abraham, Susan her children and grand children now in their possessions in Tennessee and also fifteen thousand dollars to enable them to purchase a plantation together with all the future increase of said slaves after the date of this will, and upon the death of my said grandsons, then to their children-that is if one of my grand sons shall die leaving a child or children or the issue of such him surviving and leaving my other grandson also alive then the child or children or their issue shall take one half of said slaves and mine or the plantation purchased therewith and the other half shall go to the surviving grandson during his life and if he shall die leaving a child or children or the issue of such of him surviving the his half thereof shall go to such child or children, but if either of my said grandsons shall die leaving no child or children nor the issue of such of him surviving, then the whole of said property shall go to the survivors during his natural life and upon his death to his child or children, but is both of my said grandsons shall die, leaving no such child or children nor the issue of such living at the death of such survivor then I give an bequeath the property hereby given to them to such child or children of my son William M. Boylan and of my daughter Jane Green as be living at the death of such survivor to be equally divided between them share and share alike. I give and bequeath to each of my said grandsons Weldon E. and Alexander Boylan Ten thousand dollars in Money.
Eleventhly
I give and devise my plantation in the County of Johnston to my grandson James, son of William M Boylan during his natural life and at his death to his eldest son; but if he should die leaving no son surviving him then I give said plantation to the eldest son of my grandson William- the brother of James-
Twelfth
I give and devise to my niece Elenor West, wife of John S. West of the city of Raleigh that part of my Wakefield plantation lying next to Mrs. Shepherd’s, Beginning at the North West Corner of her lot, then with the Hillsborough road or Street ninety yards West, then due south to a point East of and opposite to the South East Corner of John C. Washington’s lot, then East to Mrs Shepherds line, then with her line North to the beginning Together with all the tenements and improvements, which are now or may be thereon at my death , to have and to hold the same for and during her natural life, and at her death I give and devise the land and tenements to such of the children of the said Elenor West as may be living at her death, and I do hereby revoke and annul so much of the fifth clause of this will as may be inconstant with this devise.
Thirteenth
I give and bequeath to my wife Jane Boylan her Executors and Administrators the sum of Four thousand dollars for the use and benefit of the children of my niece Elenor West to apply the interest of said sum, and if she shall think proper such portion of the principal as may be necessary for the Maintenance and education of said children hereby vesting my said wife with full power and authority to expend the whole or any part thereof that she may think proper and if any part of said sum shall remain after the youngest of said children shall have completed his or her education I desire my wife to divide such residue among all the children of my said niece Elenor West, which may be then living share & share alike.
Fourteenth
I give and bequeath to my sister Sarah Parker her executors and administrators Five thousand dollars in trust for and for the use of my deranged Sister Hannah during her life; and do authorize and empower my said Sister Sarah to apply the same both principal and interest to the comfortable support and Maintenance of my said Sister Hannah, in such manner as she may think proper and as may best conduce to the Comfort of my said Sister Hannah, without any accountability on the part of my said sister Sarah; and after the death of my said Sister Hannah I give the said sum of Five thousand dollars, or so much thereof as may be there expen- ded to my said sister Sarah Parker for her sole and separate use, and to be free and clear from any claim demanded or control of the husband of the said Sarah Parker, if he should be then living and to be disposed of by her as she may think proper.
Fifteenth
I give and devise the house and lot in Pluckemin, New Jersey left me by my mother, to my sister Parker for and during her natural life, and at her death I give the said house and lot to my niece Mary Parker and the two daughters of the late Samuel Vandervir, Sarah Jane and Mary.
Sixteenth
I give and bequeath to my niece Eliza Webster one hundred Dollars, annually for forten(fourteen) years if she should live so long-
Seventeenth
I give and bequeath to my daughter Catherine Boylan my new Carraige (carriage) and harness and the silver plate pur- chased by me at the sale of the late Governor Montfont Stokes and now in the possession of his widow-
Eighteenth
I give and bequeath to James Boylan of Wake county (son of James Boylan deceased) the sum of two Hundred fifty dollars
Nineteenth
In addition to the property herein given to my wife Jane Boylan I give and bequeath to her during her life negro man Squire and his wife Betsy and their child Tamor, Minerva, (Dicks wife) and her children, and after the death of my said Wife I give said slaves to my daughter Jane Green during her life and at her death to her children- I also give my said Wife the sum of seventeen thousand dollars in addition to the money hereinafter given her so as to make all the sum of thirty thousand dollars hoping she may be content with the provi- sions I have made for her.
Twentieth
All the residue of my property whether real or personal and wherever situate not herein disposed of I give devise and bequeath to my children to be equally divided between them.
Twenty-first
It is my intention wherever I have given property to “Children” in this Will that their issue shall take in the event of the death of any of them before the happening of the event upon which they are to take that is in, in case of the death of a child leaving a child or children him or her surviving, that the child or children of such deceased child or children shall take the same share either the real of personal property here by devised or bequeathed that the parent or parents would have taken had he, she or they been alive at the happening of the event.
Twenty-second
I authorize my executors or such of them as may qualify as Executors (a majority of them Concerning to sell and part of my real or personal estate tat they may think proper, and may be to the interest of my Estate the proceeds of such property when sold to be held open an applied to the same uses, trusts and purpose as are herein declared as to the property itself
Twenty-third
I direct that in the settlement of my Estate no account shall be taken of any advances, made by me during my life to any of my children grandchildren or legates their husbands or wives; all such advances or gifts being intended by me to be absolute without reference to which is given them by my will, unless specifically mentioned herein-
Twenty fourth
In the sixth cause of this will I have provided in the event of the death of my daughter Catherine without leaving any child or children her surviving, that the property thereby devised and bequeath to her should be equally divided between the children of my son William M. Boylan and of my daughter Jane Green. I hereby alter that clause so far as to authorize and empower my said daughter Catherine to dispose of that property in the event of her leaving no children, to such of my grandchildren as she may think proper; but if she make no such disposition, the I desire said property to go in the manner I have therein directed,-
Twenty fifth
It is my will and desire that my trusty slave David Matthews and his wife Molly and her daughter Adelaide be emancipated, and I do hereby authorize and request my Executors to take all proper steps for that purpose and if they shall be permitted to remain within the State of North Carolina I desire that they may occupy during the lives of David & his wife the Turner tract of land of One hundred and eighty five acres (being part of my Johnston Plantation) and that they be furnished with one mule, two cows and calves and six hundred weight of pork from my Johnston plan- tation- but should my said servant David and his family be compelled to leave the State of North Carolina for the purpose of being emancipated I do authorize empower and direct my Executors to pay the sum of Five hundred dollars for the purpose of removing and settling them in some free Country-
Lastly
I nominate and appoint my friends Alexander Elliot of Cumberland, George W. Mordecai, Bartholomew F. Moore and Parker Rand of Wake County North Carolina and my friend Henry Vaughn of Yasoo County Mississippi Executors of this my last will and Testament, and direct that my executors shall not be required to give security nor be held responsible for the acts, negligence or omissions of each other-
In testimony whereof I have hereunto set my hand, and seal this Eighteenth day of June in the year of our Lord One thousand Eight hundred and fifty eight hereby revoking all wills and codicils by me heretofore Made-
William Boylan (Seal)
Signed, Sealed, published and declared by the testator William Boylan to be his last will and testament in the presence of the alterations and erasures in the tenth Clause, on 4th page, and in the 2nd Clause 6th page made >before signed
A Dewey
Wm. E Anderson
Jordan Womble Jr

I hereby revoke so much of my will as disinherits my grand son John S. Boylan; and do hereby give and bequeath To my son John H. Boylan Ten thousand dollars in trust for my said grandson John S. Boylan, the interest to be paid to him annually during his life and if he should die before leaving any child lawfully begotten, him surviving, the principle to be paid to such child or children- but if he should die leaving no such child or children, then the said sum of Ten thousand dollars to sink into the residue of my Estate.
Given under my hand and seal this 2nd day of July 1860 William Boylan (Seal)

Second Codicil- Whereas my grandson Alexander P. Boylan has died since the making of my will leaving a child named Kate Weldon- I hereby revoke so much of my will as gives to my grandson Alexander P. Boylan the sum of the thousand dollars in Money- and I give and bequeath to the said Kate Weldon Boylan, daughter of my said grandson Alexander P. Boylan all the other property given in the tenth clause of my will to my said grandson Alexander P. to have she the said Kate Weldon for and during the term of her natural life; and if she shall have any child or children or the issue of such surviving them all said property to go to said child or children but if the said Kate Weldon shall die leaving no such child or children no the issue of such her surviving then said property to go to the children of my son William M. Boylan and my daughter Jane Green to be equally divided between them.
Given under my hand and seal at Raleigh this Seventh day of February A.D. 1860
William Boylan (seal)

Signed, sealed acknowledged and declared to be a Codicil to the Last Will and testament of William Boylan before us this 7th day of February 1861 (note difference in documented year between William's signing and testators'; it appears to be a transcription error)
C. Dewy
Wm E. Anderson
Jordan Womble Jr

Wake County Court November Term 1861
The foregoing will and Codicils were exhibited in open court and propounded (?) for probate and the execution thereof being duly provided by the oaths of C. Dewy, Wm E. Anderson and Jordan Womble Jr the subscribing witnesses thereto, was ordered to be recorded and filed.
JJ Ferrell Clk

North Carolina Wake County
I (Wm Russ ?) Clerk of the Superior(?) for the County of Wake, State aforementioned, handy certify that the foregoing is a true full and perfect copy of the last will and testament of William Boylan, together with the probate, as appears of record as on file in my office
In (?) whereof I have hereunto (setting law?) as official seal this Fby 15th 1910
Wm Russ
Clerk Superior Courts

Will transcribed by Janet Demcoe