Thursday, March 22, 2012

1845 - Irvin Braswell's Will

I Irvin Braswell of the County of Anson and State of North Carolina being of sound mind and memory But considering the uncertainty of my earthly existance do make and declare this my last will and testament in manner and form as followers viz, 1st That my executor hereinafter named shall provide for my body a decent burial and pay all furneral expences together with my just debts howsoever and to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate Item 2nd I give unto my beloved wife Elizabeth Braswell the tract of land whereon I now Reside containing one hundred acres more or less also one tract of fifty acres adjoining the home tract which is an entry made by me as by reference to the courses will more fully appear to include my mansion house all out houses and other improvements to have and to hold to her the said Elizabeth Braswell for and during her widowhood or natural life time, in satisfaction for and in time of her dower and third of and in all my real estate. Item 3rd I give unto my sons Benjn R. Braswell Thomas M. Braswell and James W. Braswell the tract of land that I bought of the Executors of John Beards estate adjoining Jo B. Ingram & Ell Sibley containing one hundred and sixty nine and 3/4 acres more or less to be equally divided between them at my decease provided they pay to my executor fifty dollars each or one seventh of all my debts each. Item 4th I give unto George J. Braswell, William Braswell John W. Braswell and Elizabeth Lee wife of William Lee senr one tract of land containing forty acres more or less adjoining Richard Vinson & my home tract also one tract of land I bought of Bryant Braswell containing 75 3/4 acres more or less adjoining John Winfield & others also one tract of land containing fifty acres more or less adjoining John Winfield & others which is an Entry made by me - It is understood that each of the heirs named in Item four is to pay fifty dollars each or one seventh each of all my debts to my Executors before they are to have a title to the said Land - It is my wish that the heirs named in Item three & four have two years to pay their part of my debts. Item 5th I also give unto my wife Elizabeth Braswell three cows and calves her choice all of my beds furniture one sorrel horse about five years of age also one sorrel mare about four years old both now in my possession also all of my household kitchen furniture - twelve head of hogs her choice, six head of sheep her choice, all the domestic fowls & Poultry - six choice stands of bees - all of my farming tools - one half of all the corn I make this year after William Lee gets his part for this years services six choice stocks & fodder - one black sow & seven pigs - Item 6th I give unto my children by my last wife Christopher C Ann Mary, Laura Clematine, Irvin McDaniel, Robert Alexander and Barnabus B. Braswell all of the lands and other property willed to my wife in Item Second and fifth after her death or during her widow-hood Item 7th I give unto my wife one hundred weight of picked cotton. Item 8th Provided that the heirs named in Item 3rd & 4th should fail to pay their proportionable part of all my debts within two years from my decease I leave it in the power of my Executor to sell said land willed to them and appropriate the proceds to the payment of said debts - 9th I give unto my sons Benjn. Mabry and Wirick Braswell my cart and yoke of oxen - Item 10th I desire my executor to sell all of my crop stock and other property not named in my will and appropiate the proceeds to the payment of my debts - Lastly - I do hereby constitute and appoint my Trusty friend John Winfield my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part & claim thereof - In witness whereof I the said Irvin Braswell do hereunto set my hand and seal this 15th day of September A. D. 1845.
Signed Sealed published and declared by the said Irvin Braswell to be his last will and testament in the presence of us only (?) at his request and in presence do subscribe our names as witnesses thereto Erven Braswell {seal}
D. C. Lilly
Edw. -. B. Winfield
State of North Carolina}
Anson County} October Term 1845
then the above will was exhibited in open Court and duly proven by the oath of Daniel C. Lilly one of the subscribing witnesses thereto and ordered to be recorded whereupon John Winfield the executor therein named appeared in open Court and qualified as executor and obtained letters Testamentory. N.D Boggan clk

(Anson Co., NC WB B Pg 200-202)