Lenoir County, NC - Will of Benjamin Sutton
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6758 BENJAMIN SUTTON WILL
Copy found in North Carolina Supreme Court Cases #6758 and #4890. This particular
version was found in #6758; however, Guy checked it against #4890 because Item #10
said Mary not Nancy Sutton. Both copies said Mary although Guy and Grace read the
2nd one as Nary. Either the original Will was written wrong or both copies had an
error. Both cases have been posted under Court Records.
This is the Benjamin Sutton usually referred to as Benjamin Oxley Sutton although
there is nothing to indicate he had a middle name.
In the name of God Amen. I Benjamin Sutton of the State of North Carolina & County
of Lenoir being of sound & perfect mind & memory, blessed be God, do this
thirteenth day of Novr in the year of our Lord one thousand Eight hundred & twenty
make publish and ordain this to be my last will and testament thereby revoking &
annuling all former wills in manner following that is to say
First I most humbly recommend my soul to God
2nd My will and desire is that my remains be intered in a Christian like manner
at the discretion of my Exrs
3rd My will & desire is that all my just debts be fully paid and discharged
4th My will and desire is that my beloved wife Sarah Sutton be paid by my Exrs
the sum of five Dollars
5th My will is that my wife Sarah Sutton during her natural life have the use of
all my personal estate including all my negroes Stock of every description
household & kitchen furniture and plantation utensils except such as shall
hereafter be given away
6th I give and bequeath unto my beloved daughter Sarah Hardie all the property
heretofore given and one Dollars to be paid by my Exrs.
7th I give and bequeath unto my beloved son John Sutton the property heretofore
given and one Dollar to be paid by my Exrs
8th I give and bequeath unto my beloved son Thomas Sutton the property heretofore
given and one dollar to be paid by my Exrs and one feather Bed & furniture two
cows & three calves two sows & three pigs
9th I give and bequeath unto my beloved son William Sutton all the property
heretofore given and one Dollar to be paid by my Exrs two cows and calves two sows
& pigs & one Bed & furniture
10th I give and bequeath unto my beloved daughter Mary Sutton one feather bed &
furniture two cows & calves two cows & their pigs and seven ?? Dollars to be paid
by my Exrs
11th I give and bequeath unto my beloved daughter Winifred Barwick the property
heretofore given her and one Dollar to be paid by my Exr
12th I give and bequeath unto my beloved daughter Mary Rouse the property
heretofore put in her possession and one dollar to be paid by my Exr
13th I give and bequeath unto my beloved son Benjamin Sutton all the property
heretofore put in his possession and one Dollar to be paid by my Exrs
14th I give and bequeath unto my beloved Daughter Elizabeth Ellis all the
property heretofore put into her possession and one Dollar to be paid by my Exr
15th I give and bequeath unto my beloved son Hardy Sutton all the property
heretofore given and one feather Bed & furniture two cows & calves two sows & pigs
& one Dollar to be paid by my Exrs.
16th My will and desire is that at the death of my beloved wife Sarah Sutton
that all the property heretofore given ?? during her natural life be equally
divided between my four Daughters Nancy Sutton, Winifred Barwick, Mary Rouse &
Elizabeth Ellis which they are to hold papers and enjoy during their natural lives,
then my will and desire is that at the death of said Daughters Nancy Sutton
Winifred Barwick Mary Rouse & Elizabeth Ellis that the property heretofore
mentioned that I left my beloved wife Sarah Sutton is hereby intended to be
absolute unto my four Daughters here above named and at their death give to the
lawful begotten heirs of their body
17th It is also my will and desire that at the death of my beloved wife Sarah
Sutton that my still be equally divided between my two sons Benjamin Sutton &
Hardy Sutton.
NOTE: Some of these words were cut off on the bottom of this copy and Guy double
checked it against the 2nd copy.
Signed Sealed and published and delivered by the said Benjamin Sutton to be his
last will and testament. In presence of us who were present at the time of
signing and sealing.
Benjamin (x) Sutton
I hereby constitute & ordain my two sons John & William Sutton & my two sons in
law Richard Rouse & Alfred Ellis my Executors of this my last will & testament.
A. Croom
J. H. Byrd
Robert (x) Mitchell
Acknowledged 18th Apr in presence of Dennis J. Dailey 1832 acknowledged the 12th
of May in presence of William Gray 1832
State of North Carolina, Lenoir County Court of Pleas & Quarter Session Oct
Term 1832
The last will & testament of Benjamin Sutton Senr dec was offered for probate
and the acknowledgement thereof duly proved in open court by Dennis I. Dailey who
made oath that the testator acknowledged it before him on the 12th of May 1832.
It appearing to the satisfaction of the Court that the said last will & testament
of Benj. Sutton could not be proved by the subscribing witnesses. Abram Croom in
dead nor can Joshua H. Byrd or Robert Mitchell who moved out of the next word
not readable of this state ordered in same be recorded.
Lewis C. Desmond, CME
Enrolled in the Clerk's Office the 14th of June 1832
Lewis C. Desmond, Clk
State of North Carolina, Lenoir County Court of Pleas & quarter Sessions April
Term 1841
This was the foregoing last will & testament of Benjamin Sutton dec exhibited in
open court and Richard Rouse one of the Exrs therin named appeared & qualified a
executor thereto ordained that letter testamintary issued to the said Executor.
Lewis C. Desmond, Clk
State of North Carolina Lenoir County Curt of Pleas & quarter sessions April
Term 1848
This was the foregoing last & testament of Benjamin Sutton dec is offered for
probate and Lewis C. Desmond & William H. Croom being duly sworn make oath & say
that they are well acquainted with the hand writing of Abram Croom & Jos. H. Byrd
the subscribing witnesses to the said last will & testament of Benja Sutton dec
are in the proper hand writing of them the said Abram Croom & Joshua H. Byrd &
they believe that the said Abram Croom & Joshua H. Byrd assigned their said
signatures as subscribing witnesses respectively to said will & that the said
Abram Croom is dead & that the other two subscribing witnesses viz Joshua H.
Byrd & Robert Mitchell have since removed from the State of North Carolina and
when last heard from were citizens and residents of distant states, whereupon it
ordered by the Court that the said last will & testament of Benjamin Sutton be
recorded.
W. C. Loftin, Clk
Loftin certified this as a copy of the original will on 24 April 1848.
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This file was contributed for use in the USGenWeb Archives by
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