Mary Winhester Will
Will of Mary Winchester
I Mary Winchester of the County of Union and State of North Carolina being of sound mind and
memry but considering the uncertainty of my earthly existence do make and publish this my last
will and testiment in manner and form following that is to say:
First: That my executors hereinafter named shall provide for my body a decent burial suitable
to the wishes of my relations and friends and pay all funeral expenses 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 1st: I give and devise to my young grand daughter MARY E HUDSON fifteen dollars
to be paid by my executors.
Item 2nd I give and devise to my daughter LOAH SMITH wife of JAMES D SMITH and her
bodily heirs one negro man named Abram and his wife Suffey his wife and
their youngest child named Clarry with their increase.
Item 3rd I give and devise to my youngest daughter MARY R and her bodily heirs one
negro boy named Bob and one negro girl named Emelia and his increase.
I also give to my said daughter MARY R three hundred dollars in cash three
beds bedsteds and furniture hur choice my cubbord beauro largest Table and
largest looking glafs our large Black Chest and contents our Set of Chairs
the trunk she now claims as her own two cows and calves hur choice also
the furniture it is understood in the family she claims to have and to hold _(?)
Item 4th I give and devise to my youngest son JOHN R two young Mules one four years
old now the other two years old one Road waggon and graving (?) our Set
blacksmith tools, Thrasher and mining works all the farming tools our cow
and calf two beds bedsteds and furniture to have to to hold to him the said
JOHN R WINCHESTER forever.
Item 5th I give and devise to my two daughters LOAH SMITH wife of JAMES D SMITH and
MARY R all my bed furniture not disposed of in other Items of this my will
to equaly devided between them also my cubbord ware to be equally divid
between the affor named daughters.
Item 6th My will and desire is that all the residue of my estate if any after taking
out the devises and legacies above mentioned shall be sold and the
debtsowning to me collected and if there should be any overplufs over and
above the payments of debts, expenses and lagacies that such surplufs shall
be equally divided between my three sons namely THOMAS D., JOSIAH and JOHN R
in equal proportion share and share alike to them and each and ever of them
Administrators and afsigns absolutely forever.
And lastly I do hereby constitute and appoint my son JOHN R WINCHESTER and GEORGE A WINCHESTER
my lawful executors 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 and clause thereof hereby
revoking and declaiming utterly void all other wills by me hear to for made in witness whereof I
the said MARY WINCHESTER do hereunto set my hand and seal this 24th day of July 1855.
Signed sealed published and delivered by the said Mary Winchester to be her last will and
testament in the presents of us who at her request and in her presents do subscribe our names
as witnefsses theretoo.
Mary Winchester (X) her mark.
G A WINCHESTER
Whereas I MARY WINCHESTER having made my last will and testament in writing bearing date the
24th July A.D. 1855 and having thereby made sundry devises and bequests according to then
existing circumstances of my estate but which circumstances having now materially changed I
dow by this writing which I hereby declair to be a codisil to my said will to be taken and
construed as a part thereof will and direct that the sum ofseven hundred dollars be paid to my
youngest daughter MARY R WINCHESTER it being the amount for which I sold a negro girl named
I do hereby give and devise to my said daughter MARY R W a negro girl named Clary with her
increase to have and hold to hir and hir heirs in fee simple forever which girl was given to my
daughters LOAH SMITH in a clause of this my will. I do hereby give and devise to my daughters
LOAH SMITH a negro child named Ann in the __ of the above named Clary as directed in a pre-
ciding clause of this my will to have and to hold to hur and hur heirs in fee simple forever.
I will and devise to my youngest son(s??) JOHN R WINCHESTER the sum of one hundred and fifteen
dollars it being the price of a mule which I have sold since the writing of this my will and
testament whereof I hereunto set my hand and seal this the 19th January 1856.
Signed sealed published and declared by the said MARY WINCHESTER to be a codicil or part of this
my last will and testament in the presents of us who at her request and in hur presents do sub-
scribe our hands and witnesses.
JOHN GORDON Mary Winchester (X) Her Mark
G A WINCHESTER
April Term 1856
Then the executors of this Instrument of writing the last Will and Testament __ MARY WINCHESTER
dc'd duly provide in open court by G A WINCHESTER and JOHN GORDON & George A Winchester &
JOHN R WINCHESTER duly sworn to execute the same ordered to be Recorded. WM STEWART (?) Cbl
to will index.