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SUBJECT: Joseph Thames
LOCATION: Cumberland County, NC
DATE: February 28, 1818
DATE PROBATED: September 1819
SOURCE: __
NOTES:
Transcription courtesy of Lee Ponder

Be it known by these presents that I Joseph Thames of the County of Cumberland & State of North Carolina being of a sound mind & perfect memory do make & ordain this my last will and testament, that is to say as touching such worldly estate wherewith it has pleased God to bless me in this life, I give, devise & dispose of the same in the following manner & form.

1 I will & devise that out of my personal estate my funeral expenses and just debts be paid.

2 I give & bequeath to my wife Hannah Thames for & during the term of her natural life the following property, Viz old Primas, old Peggy Nan, old Bellon & Cato, Jacob Vilot, Jaco & Judy & her four children also Rachel, Jame, Joe & Eliza, Amey & her children Viz. Prymas & Cuffe, Old Prince, Little Pomppy, old Peter, Jenney & her children Viz Joe, Becky, Tom & John, also Wooden Pompy except so much of his time as may be necessary in making of shoes for the rest of the negroes until a division takes place of them, also the one half of my blacksmith Jack with the one half of the blacksmith tools, the other half of the blacksmith Jack & tools to be kept as the other part of my estate for the use of the plantation & mills, also the one half of all my plantation tools with all my house & kitchen furniture with the one half of my crop that is on hand at my death, with the with the one half of all kind of provisions, with the one half of my stock of cattle, sheep, hoggs, oxen & horses, also that part of my plantation that I bought of Wm Beard containing five hundred & twenty five acres of land including my buildings, with the one half of my two sawmills & Gristmill with the privilege of one half of all the sawmill timber that I now possess, with the one half of my cotton wagons, also Riding chair & my Sorrell mare. Further I will that all that estate left my beloved wife during her natural life be Kept on the plantation where I now live to be disposed of as herein after directed. I further will that my wife pay the one half of all the expenses that may be incurred in working & carrying on the mills. See the codicil of his will (Note: this last written small probably added when codicil was made.)

Item 3 I give & bequeath to my beloved wife Hannah Thames all my right to that estate left her by her first husband, Mr. Needham Gause; consisting of negrows, cattle, household furniture which estate is in the ??

Item 4 I give & bequeath my affectionate daughter Elizabeth McAllister the following Negrows Viz. Lucy, Nellie, Peter, Ben, Lydia, Betty, Aley, Harry & Dicey to her & her heirs forever,

Item 5 I give & bequeath to my son in law Stephen Gilmore ten dollars to be paid to him by my Executors likewise all that furniture which my daughter Molsey carried home with her, on her marriage with Mr. Stephen Gilmore, to him & his heirs forever.

Item 6 I give & bequeath to my son in law Steven Gilmore all the Negrows that his Mother Moley Gilmore carried home with her on her marriage with said Steven Gilmore his father, Viz. Tina, Sam, Dorre, Feebe, Betton, Harry, & Lilly with their increase said Negrows is now in possession of Mr Stephen fillmore (Gilmore? his father) to him and his heirs forever.

Item 7 Should my grandson John T. Gilmore live to the age of twenty one years, Then I give and bequeath to him my negro boys Daniel my watch & my bay mare, coach, But should John T Gilmore die before he attains the age of twenty one years, then said boy Daniel, Watch & coach is to be returned to my estates general stock.

Item 8 I will & devise that all my estate both real & personal not already devised shall be kept by my executors on the land & plantation, (I mean that part not left to my wife) to tend and carry on, the other half of my Sawmills, gristmill & lands. I further will that should my daughter Elizabeth McAllister breed and raise children that the net proceeds of my estate be equally divided between my grandson John T. Gilmore, my Daughter Elizabeth McAllisters said children, my Daughter Elizabeth McAllister and her children to receive their part of the proceeds of this will & lands annually & that my grandson John T. Gilmore receives his proportional part of said proceeds when he shall have arrived at the age of twenty one years & not before.

Item 9 I will & devise that shall my grandson John T. Gilmore die before he attains the age of twenty one years then I give & bequeath Daughter Elizabeth McAllister all my estate both real & personal to her & her heirs forever.

Item 10 I will further that should my Daughter Elizabeth McAllister die without children before my grandson John T. Gilmore reaches the age of twenty one years, then I give and bequeath to my grandson John T. Gilmore all my estate real & personal which has not been already divised, should my grandson John T. Gilmore die after that he may have arrived to the age of twenty one years without children begotten in wedlock, then and in that case I give & bequeath all that part of my estate left to him to be equally divided between my Brother Williams children viz David Thames, Cornelius Thames, William Thames, James Thames, Ann Wiggins, Martha Cooper, & Lucy Newberry to them & their heirs forever.

Item 11 Should my grandson John T. Gilmore attain the age of twenty one years & Daughter Elizabeth McAllister & her children, or either of them, at that period, then I will & devise that all my estate both real & personal be equally divided between my grandson John T. Gilmore, my Daughter Elizabeth McAllister & her children, consisting of the following negroes & lands viz. Soloman, Davie, Salley, Hancy, Bill, Sam, Lucy, Betty,m Jim, little Peter, Philemon, Young Peggy, Eliza, Allen, Moriah, Sarah, Sophona, olde Grace, Mary Ann, Peggy Ann, Frank, with their increase. With the following tracts of land viz. one tract lying on the north east side of Cape Fear river bought of Mr. Jonathan Smith containing two hundred and forty acres chiefly in Bladen County, likewise the Council tract adjoining, containing three hundred & twenty acres, likewise the Lock Lands containing one hundred & sixty acres, all in the County of Bladen, likewise one tract of forty one acres, one tract of Fifty one acres, one other tract of one hundred acres, all joining my river Survey including the place where Grace lives, one other tract lying back of the same containing one hundred and seventy acres, one other tract of fifty acres joining the Old Town lands, one other tract of forty & a quarter acres part of the old ______ joining the same, one other tract of one hundred & seventy acres patented in partnership with Mr. James Smith, one other tract of five hundred acres on Harisons Creek joining Byrn Marsh, one other tract of one hundred & fifty acres joining the same part of Moores survey, one other tract of seven hundred acres above the mouth of the Horse Run Branch in Harisons Branch mostly in Cumberland County, one other tract of seventy three acres lying on the south west side of the Cape Fear River on the Gaulberry in Cumberland County, one tract of land _____ near the mouth of Willises Creek, with a mill seat which was excepted out of the lands now belonging to Mr. James Moore, likewise the road leading from my ferry through the lands of Mr. James Moore excepted Viz. the other, together with one half of my Cattle, Horses, Hoggs, Oxen, Plantation tools, carts, chains, Waggons & etc.

Item 12 I further will that at the death of my wife Hannah Thames that all that estate left her during her natural life, both real and personal, be equally divided between my Daughter Elizabeth McAllester & her children and my grandson John T. Gilmore provided he shall attained the age of twenty one years by then and their heirs forever

Item 13 I further will that the houses & lot heretofore occupied by my overseer Phillip Ellis be reserved for the use of my wife's overseer should she think it best to continue him there for the term of her life

Item 14 I make and ordain my worthy friends William Robison, Jonathan Evans & Charles McAllister Executors to this my last will & testament and I do hereby utterly disallow revoke & disannull all & every other former testament, will or legacy & ratify, conform this & no other to be my last will & testament. In witness whereof I have hereunto set my hand & seal this the twenty eighth day of February in the year of our Lord one thousand eight hundred & eighteen.

Signed, Sealed, pronounced & declared by the said Joseph Thames in the presence of us,

Neil Beard Sr.
Phillip hisXmark Ellis
/s/ Joseph Thames (Seal)
Charles McAllister )
Wm Robinson ) Judges
Admitted to probate
September term 1819

(Supplement to will)

I do make and ordain this as part of my will to be annexed to my last will & testament as follows:

And bequeath to my beloved wife Hannah Thames one note of Ezekel Allen and others for five hundred fifty nine dollars 79 cents. and four beds and furniture to be at her own disposal forever. Whereas unto I set my hand and seal this 28th day of July the year of our Lord 1818

  /s/ Jos Thames (Seal)

This above supplement is added to the copy of the will

Colen Mc ______ (McRew/McRae/McNae?)
Jonah Evans
James Atkins
J. D. __ _______________


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