WILL OF JOHN SUTTON OF LENOIR COUNTY - 5 June 1850 In the name of God, Amen - I, John Sutton of the County of Lenoir and State of North Carolina being of sound disposing mind and memory blessed be God for the same, do constitute, publish and declare this instrument to contain my last will and testament in manner and form following that is to say (viz) First - That my executor herein after named shall provide for my body a decent burial, and pay all funeral expenses, together with my just debts, howsoever and to whomsoever owing out of the moneys that may first com into their hands as part or parcel of my estate Item 2nd - I lend unto my beloved wife Elizabeth Sutton during her natural life the following property (viz) one half of the cleared land that is one the plantation whereon I now live with full privilege of getting fire wood and train timber on any part of said land whereon I now live. Also the following named negro slaves (viz) George, Lydia, Lovecy, Edith, Emmy, Moris, Jack, Penny, Sam, Eliza, America, Fanny, Elly, and Henry. Also two horses, two cows and calves, four sows and pigs, ten head of sheep, all her choice, all of the household and kitchen furniture, not hereinafter otherwise devised. Also one hundred barrels of corn, ten stacks of blade fodder, three thousand pounds of green pork if on hand, if not bacon sufficient for one year's support for herself and family to be laid off by my executors and a plentiful support of every other article, necessary for one year's support such as sugar, coffee, flour, molasses, to be laid off by my executors - All necessary farming tools for a two horse farm and all the poultry of every description. And my will and desire is, at the death of my beloved wife Elizabeth Sutton, that all the above named negroes loaned to her and all their future increase from this day on also all the above named property of every description loaned to my wife except the land shall be equally divided into four shares in the following manner (viz). I lend unto my daughter Martha Heath, during her natural life - one fourth part of all the above named property loaned to my wife except the land, and at the death of my said daughter Martha Heath, I give all the property so loaned to her to be equally divided between all her children and their heirs and assigns forever. And I also lend unto my daughter Avey Allen, during her natural life, one fourth part of all the property loaned to my wife in this clause except the land. And in the death of my said daughter Avey Allen, I give all the property so loaned to her in this clause to all her children to be equally divided between them, their heirs and assigns forever. And also I lend unto my daughter Mary Gray during her natural life one fourth part of all the property loaned to my wife in this clause except the land and at the death of my said daughter Mary Gray, I give all the property so loaned to her in this clause to all her children to be equally divided between them their heirs and assigns forever. I give unto my three grand children Dempsey Wood, Jesse Wood, and Harriet Eliza Wood the remaining one fourth part of all the property loaned to my wife except the land with the following stipulations, condition and proviso, first: I direct that a Guardian shall be appointed to take charge of their property and the negroes to be hired out by the Guardian until my said grand children, Jesse, Dempsey and Harriet E. Wood shall arrive at lawful age or marry - Provided now if either one of my said grand children shall die before arriving at lawful age or marriage I desire the surviving one or ones shall have the whole of the property or if either one of my said grand children, Jesse, Dempsey and Harriet E. Wood shall die without leaving any heir lawfully begotten of their body, I desire the surviving ones to have the property of the deceased one leaving no children - provided further now in case if all of my said grand children, Jesse, Dempsey, and Harriet E. Wood should die without leaving any heir lawfully begotten of their body, I devise that all their property hereby devised to them in this clause shall be equally divided between all my children to them, their heirs and assigns forever. Item 3 - I give and bequeath unto my son Josiah Sutton my plantation whereon he now lives containing two hundred and fifty acres more or less adjoining the lands of the heirs of William Gray dec and others to him and his children in fee simple forever. I also give unto my son Josiah Sutton one negro girl named Delsey, to him his heirs and assigns forever Item 4 - I give and bequeath unto my two sons John Sutton and Benjamin Sutton the whole of my lands on the South side of Neuse River, which lands I purchased of William B. Edmundson. John Sutton is to have the upper part of said land, whereon he now lives to the dividing line which I made in said lands for a dividing line between John and Benjamin Sutton and Benjamin Sutton must have from said division line, it being the lower part of said tract of land to them, their heirs and assigns forever. Also I give unto my son, Benjamin Sutton, one thousand dollars in cash, to him his heirs and assigns forever. Item 5th - I give and bequeath unto my two sons Jeremiah Sutton and Hardy Sutton the whole of my land where I now live to be equally divided between them. Hardy Sutton must have the upper part of the plantation including my dwelling house and outhouses and my will and desire is that if either one of my sons, Jeremiah or Hardy should die without leaving an heir lawfully begotten of his body, I desire the surviving one to have the whole of the land given in this clause. I also give Jeremiah Sutton one negro boy named Aaron, one bed, bedstead and furniture and also one thousand dollars in cash to him, his heirs and assigns forever. I also give my son Hardy Sutton one negro boy named Abram, one bed and furniture and bedstead and five hundred dollars in cash to him, his heirs and assigns forever. Item 6th - I lend unto my daughter Mary Gray during her natural life four negro slaves with all their present and future increase, named Dolly, Bryant, Alsey and Bob. After the death of my said daughter, Mary Gray, I give all the above loaned negroes and their present and future increase from this day to be equally divided between all the children of my said daughter Mary Gray to them, their heirs and assigns forever. Item 7th - I lend unto my daughter Avey Allen during her natural life the following named negroes (viz) Liz, Charles, Celia, Abram, Edney and all their present and future increase and fter the death of my said daughter Avey Allen I give all the above loaned negroes to and all their present and future increase from this day to be equally divided between all the children of my said daughter Avey Allen to them their heirs and assigns forever. Item 8th - I lend unto my daughter Martha Heath, during her natural life, two negroes named Sam and Peter. After the death of my said daughter Martha Heath, I give said Sam and Peter to all her children to be equally divided between them their heirs and assigns forever. Item 9th - I give and bequeath unto my three grand children, Dempsey Wood, Jesse Wood, and Harriet Eliza Wood, the following named negroes (viz) Daniel, Rose, Leah and all their present and future increase with the following conditions stipulations, and proviso in this clause, provided now if either one of my said grand children should die without leaving any heir lawfully begotten of their body, I desire the surviving ones to have the whole of the property devised in this clause, provided further now in case all my three grand children, Jesse, Dempsey and Harriet E. Wood should die without leaving any heir lawfully begotten of their body - My will and desire is that all the property devised in this clause shall be equally divided between all my children, to them their heirs and assigns forever. All the above named negroes devised in this clause are now in the possession of James Wood. I direct and request my executors immediately after my death to take said negroes and hire them out either private or public for the benefit of my said three grand children until a guardian shall be appointed for them. Item 10th - My will and desire is that all the rest and residue of my estate after taking out the devises and legacies above mentioned, shall be sold and the debts owing to me collected and if there should be any surplus over and above the payment of debts and legacies that such surplus shall be equally divided and paid over to my wife and all my children in equal proportion share and share alike to them and every one of them, their heirs and assigns forever. Lastly - I hereby nominate, constitute and appoint my son Benjamin Sutton and my trusty friend Council Wooten my lawful executors to all intent and purposes, to execute this my last will and testament according to the true intent and meaning of the same, and every part and clause thereof, hereby revoking all other and former wills by me heretofore made. In witness whereof I the said John Sutton do hereunto my hand and seal due the 5th day of June A.D. 1850. Signed, sealed, published and declared by the said John Sutton to be his last will and testament in the present of us, who at his request and in his present do subscribe our names as witnesses thereto - John Sutton Seal Interlined with the word named in the second clause and also interlined with the word thousand in the fifth clause and also the word daughter in the sixth clause, before the signing and witness of this will. Witnesses William Fields, Shade Wooten (NOTE) - There is no indication of probate date for this will. ************************************************************************ File contributed for use in the USGenWeb Archives by Martha Marble <mmarble@erols.com> USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC **************************************************************************