Tuesday, August 28, 2012

1844 - John Daniel's Will

In the name of God Amen. I John Daniel of Warren County N. Carolina being of a sound and disposing mind and memory do make and ordain this my last will and Testament in the manner & form following (to wit-) First Item, is that all my children both, first and last children that have had a Legacy given them say a negroe a piece or them that did not have a Negroe the amount in land or otherwise which I do by these presents give them their Heirs and assigns forever, ixcept The negroe woman (Nan) which my daughter Polly had, which is now in the Possession of Wm Brassel (her Husband) which said negroe woman (Nan) I leave with him the sd. William Brassel for the benefit of my two Granddaughters Charity and Elizabeth J Brassels and when they come of age to be equally divided between Them their Heirs and assigns forever, and in case either should die before she comes of age the survivor to share it and in case they should both die before they come of age then it is to be divided between their two younger Brothers Item - I give to my son John M Daniel one negroe boy named Charles one Filly colt one Feather Bed and furniture one shot Gun one Cow & calf to him his Heirs & assigns forever - but he the said John M is to have no claim upon the said negroeCharles until he is Twenty one years of age, that is he may not be sold to pay any debt that the said J M Daniel may contract under the age of Twenty five years, - Item my desire is and I give to my daughter Roxaner P. Daniel one negroe girl named Mariahalso one negroe child Boy named (Charles Washington) one Feather Bed & furniture to her her Heirs and assigns forever, my desire further is that in case either of the above named negroes given to my Two children John and Roxaner should die before they get possession of them, that they are to be made good out of my estate to them according to their value at their death out of my estate Primarily I leave to my beloved wife during her natural life (to wit) my land and plantation all the Implements and tools thereunto belonging, my House hold & Kitchen furniture, my stock of horses Cattle sheep and Hogs, my Crop that may be on hand at my death or in the Houses, or any money that may be in hand or due me or any other species of property belonging to me not mentioned together with the following negroes namely old George his wife Lucy, His (?) George, Andrew, Lucindy and her child Fanny & Rufus her child, William David commonly called Bill and my Interest in a negroe man Jacob - to the Quiet and peacible of her my wife during her natural life notwithstanding the above property is ----- To pay my just Debts if not paid otherwise - And at her death to be divided as follows - The Land is to be divided between Jas. M Daniel and John M Daniel, beginning in George Flemming's line at the Little Road near his House and runing along the said Road a south course to a white oak corner thence west to a hedge of Rocks thence along the said hedge of Rocks a south Course to the old mill Dam or anderson swamp or the Granville line including in Granville one acre on Guilliams line in Granville from thence down the said Anderson swamp to a small Branch onJas. M. Daniel's line, thence along sd Jas. M's line nearly an East Course to the beginning The land lying on the west side of the aforesaid line and adjoining to James M Daniel I give to him the said James M Daniel his Heirs and assigns forever, all the rest of my land I give to my son John M Daniel his Heirs and assigns forever - my desire further is that at my wife's decease that my woman Fanny and her increase except the two (Mariah & Charles Washington) which I have given to my daughter Roxaner be equally divided between my six daughters, to wit, Sally, Emily, Charlotte, Harriet, Joice, Ann and Roxanner, Them Their Heirs and assigns forever. And all the Balance of my estate that may be at my wife's decease my desire is that is - be equally divided between all my Children except the Heirs of William Brassel's as I suppose that Polly had as much at the first Instance as the others will get - first - and last, or in all, to Them Their Heirs and assigns forever. my meaning is that William Daniel Deceased his Heirs to have one share among them, and also Washington Daniel Deceased his son John Washington one share - and further my desire is that whatever may be my daughter Burchet Earls part is - is to be for the benefit of her son James Madison Earls him his Heirs and assigns forever my desire is and I do by these presence, appoint my two sons James M Daniel and John M Daniel and John Shearin with my beloved wife, as Executors and Executrix, to this my last Will and Testament. - In witness whereunto I have set my hand and seal this 8th day of April in the Year of our Lord 1844 -
Jeremiah M Fleming    John Daniel (seal}
George W Earls

John Daniel of Warren County North Carolina being in a sound and disposing mind and memory upon due refection I have not given my son William Daniel an Equal part with the rest of my Children my desire is Therefore that his two sons John R Daniel and William S (?) Daniel I have given and bequeathed to them the sum of one hundred & fifty dollars each after the death of my wife to their Heirs and assigns forever also I Give to my son John M Daniel my wheat Fan to his heirs and assigns forever -
In witness whereof I have hereunto set my hand and affixed my seal this the 26th of Jany - in the year of our Lord 1847 
This will is interlined in two or three places}
before assigned} John Daniel {seal}
Jeremiah M Fleming
George W Earls
Warren County May Court 1847
The execution of the foregoing Will & Codicil was duly proved in open court by the oath of Jeremiah M Fleming a subscribing witness thereto & on motion it is ordered to be recorded whereupon James M Daniel Came into Court and qualified in due form of Law as one of the Executors Therein named The balance of Them declined
Test Jno W White Clk

(Warren Co., NC Will Book 39, page 297-298)

NOTE: William "Brassel" is the son of William Braswell Sr, who was the son of Jacob Braswell Sr of Nash Co., North Carolina.  A check of the census and estate records in Nash County confirm this.  William married 2nd Margaret Bunting.