WILL OF CHARLES ELMS I State of North Carolina Mecklenburg County ******************************************************************** File contributed for use in the USGenWeb Archives by: J-S Matthews <jelms@tarheel.net> USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ******************************************************************* WILL OF CHARLES ELMS I State of North Carolina Mecklenburg County Died January 6, 1836 Know all persons that I Charles Elms Sr. of the said State and County being advanced in years but in usual good health and as I humbly conceive or believe of sufficient sound memory and judgement declare and do make and so far as I myself can do it do confirm the following to be my last will and testament filing a plea in the recollection of the many struggles and difficulties I with my companions in arms during our revolutionary war, waded through and _______? when we bled freely to procure a government of laws. I now beg of those of my fellow citizens who may survive me and may have an agency in the execution of the law to lend me their aid to support my rights and priviledges which I humbly conceive the laws are intended to secure to us and to our prosperity. I therefore presume to make this my last will and testament in the following manner (viz) 1. In the first place when it shall please divine providence to order me from this stage of probation to a world of spirits. I resign my soul or better part to its author and true owner. 2. To my son John I will and bequeath my negro boy James Joe forever. 3. I will and bequeath to my daughter Nancy Moss two negroes viz old fester and a girl called Betsy to her during her actual life time and at her death to her children with the exception of her daughter Lucinda Moss who will be provided for hereafter 4. To my son Charles Elms childrens, I will and bequeath my negro named Solomon in trust to and under the control of their mother Sarah Elms until the childrens shall of age. 5. To my son Ezekiel Elms heirs if any should be alive and be alive and of age at or before the death of said Ezekiel six hundred dollars to be at my death under the control or management of my son John by loaning or otherwise and the proceeds thereof or a part of the principal at the discretion of my said son John to be used to the benefit of said Ezekiel Elms and his childrens if any at his death if not the balance of said money to be equally divided between the rest of my children alive or to their representatives. 6. To my daughter Rebecca Daniels I will and bequeath my negro woman Violet and her four childrens. Solomon, Jack Deilla Nancy and said Violet future offsprings if any for my said daughter Rebecca use until her death at her death to be equally divided between all her childrens. 7. To my son Edmund Elms if he shall be yet alive and will apply to my executors I will and bequeath the sum of twenty dollars and if he should die leaving any heirs to his heirs I will and bequeath six hundred dollars to be paid to him her or them when of age if not the said six hundred dollars to be equally divided between my son John Elms my daughter in law Sarah Elms (the wife of my son Charles and her childrens James Elms the heirs of Ezekiel Elms if any and WW Elms. 8. To my son James Elms I will and bequeath my negro woman named Silvy. 9. To my son Reubin Elms if he should be alive and personally himself apply otherwise to be applied as in No. 7th above but he also apply I will and bequeath to him twenty dollars. 10. To my daughter Lucinda Elms I will and bequeath my negro girl named Priscicalla and her offspring also the mother said Priscicalla also a horse called Rufus a cow a calf her choice and a beding sow also after my death she shall have all my household furniture subject to the following exceptions, ___ bed and furniture to W.W. Elms and also if Edmund and Reuben Elms should personally apply they shall receive from Lucinda a bed and furniture each. 11. I will and bequeath to my son W W Elms my negro boy Peter and the bed and furniture above mentioned 12. To my grand daughter Lucinda Moss I will and bequeath my negro girl Molly the daughter of negro woman Elmy 13. I will and bequeath to my son James Elms and my daughter Lucinda the plantation on which I now live and all the Smyth tract, about one hundred nine acres in the following manner, i.e. fifty acres including the improvements to Lucinda but James is to have equal right to the land until said Lucinda shall marry or die then the said 50 acres shall revert to my son James at fair price by valuation which shall be paid to said Lucinda or her heirs or assigns the who 109 acres will then be the property of James forever and said James and Lucinda is then to have an further I aim to any other land or proceeds thereof not herein disposed off 14. I will and bequeath to my daughter Nancy Moss one hundred acres of my tract of land called the Patton tract to be laid off in the west end of said tract joining Benj. Morrow and Wm. Cook provided said Nancy shall think proper to settle upon it if not the said one hundred acres to be sold and the proceeds to be equally divided as set forth in the 7th item of this will with the exception of James and Lucinda as mentioned in the 13th Item said Nancy and her heirs to have an equal Share 15. To my daughter Rebecca Daniels I will and bequeath the use of the plantation on which she now lives so long as she remains a widow of if she should marry the plantation to be sold and the proceeds to be equally divided according to the directions of the preceding or 14th Item 16. And finally all the rest of my property not herein bequeathed or otherwise disposed of by my before my death shall after my decease be sold and the proceeds thereoff after my funeral and other ___ expenses shall be first paid the balance to be equally divided as above directed in the 14 and 15 Item 17. I hereby appoint my son John Elms and Thomas N. Alexander to be the Executors of this my last will and testament. Signed and sealed being duly read each and every article thereof the 13th day of June in the year 1835 duly in the presence of his Wm. Cook Charles X Elms Elieza Alexander mark John McColloch Jr Adam A. Springs Note: Mecklenburg County Record of Wills, Book G, 1776 - 1836, Pages 226 - 230; Charles Elms (Charles' will in NC Archives is a handwritten copy of the original will which no long exists. I have transcribed the will as written with same spelling and punctuation as in original.) Biographical Note: Charles' wife, Rebecah Withers whom he married in Warren County, NC on 17 August 1785, died on 22 August 1834. Both are buried at Flint Hill Baptist Church, Ft. Mill, SC. Charles served several enlistments during the Revolution and received a pension.