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

                then executors

                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.



J GORDON

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

Emilia.



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