Franklin County, North Carolina, 1847
| I, James Timberlake of the Co. of Franklin North Carolina doth this sixteenth day of Sept. A. D. 1847, Eighteen Hundred forty seven, make & declare this my last will & testament in the following manner. |
| I loan unto my wife Nancy Timberlake during her natural life the whole of the lands whereon I now live which I purchased of Doct. W. T. Johnson excepting one hundred acres which I shall hereafter describe & give away - also I loan her the following negroes, namely, Mark, Caleb, Sidney, Joseph, Peter, Jenny, Joan, Sally, (Mary Eliza) Sarah & Peggy & all increase from this time, also I loan her during her life all my crops of all sorts & description in every particular which may be on hand or growing on the premises at my death, all my stock of horses, hogs, cattle, sheep, all my household & kitchen furniture, all my plantation tools of every sort, my still, cap & worm, my ox cart & oxen & yoke & my riding Barrache & harness. |
| I give units unto my grandchildren, Augustus & Leah Connell the whole of the lands that I purchased of Nancy Sherrod supposed to contain Seventy-three acres more or less-reference to said deed will fully appear & in case of of them should die before arriving to lawful age or leaving lawful child, in that case I mean the survivor shall inherit the whole of the lands and appurtinances to them & their heirs forever. I loan unto my Executors hereafter named Five hundred dollars to be strictly applied to the entire use & benefit of my daughter Elizabeth Connell and all her children including those she may hereafter have (if any) one bed and furniture & one bureau which is now in her possession and all other articles which is now in her possession belonging to me to be under the entire control of my Exrs. for her & all her childrens benefit including those she may hereafter have. |
| I give unto my son David Timberlake Five Hundred Dollars to him & his heirs forever. |
| I loan unto my executors for the special benefit of my son John Timberlake & all his children including those he may hereafter have if any. The whole of the lands which I own in Smith Co. Tennessee containing one hundred acres more or less on which the said John now lives & after his death I give the whole of said lands & appurtinances unto all his said sons Johns children including those he may hereafter have if any. I give unto my said son John Timberlake Three hundred dollars to him & his heirs forever. |
| I give unto my son Adkin M. Timberlake Seven hundred dollars >>>>>>>>>>>>>this line cut off in copying<<<<<<<<<<<<<<<<<<<<<<< on the account of said Adkin M. I desire & request same amt. shall be taken from the above (mens) legacy & be paid over to David Timberlake when the amt. is ascertained by which he has suffered or to said David or his heirs to the said Adkin his heirs & Assigns forever. |
| I give unto my son James P. Timberlake Five hundred dollars & whereas I have & am still bound as security for my son James P. Timberlake for about Five hundred dollars & if he should fail to pay the same or any part thereof & I should have to pay the same or any part thereof I mean all such sums as I shall pay or cause to be paid on his account either before or after my death shall be deducted from the above legacy to him and his heirs forever. |
| I give unto my son Rich'd Timberlake one hundred acres of land including the house where the said Rich'd now lives beginning at a red oak formerly a corner of Wm. P. Williams & Nancy Sherrod thence westerly along said Williams & my line to a Red oak on the road leading from Fosters to Lynches Creek Bridge thence Westerly along said road to Lynches Creek thence up and along said creek to a white oak Rich'd. Wards & my corner thense Northerly along said Wards and my line until a due East & West line to strike in the old line of W. P. Williams & Nancy Sherrod thence South or nearly So. to the beginning to make only one hundred acres. Also I give unto said Richard Timberlake five hundred dollars & whereas I am security for said Rich'd. Now be it understood if I should or my estate have to pay my money for him all such sums shall be deducted from the above legacy to him and his heirs forever. |
| I loan unto my Executors for the entire use and benefit of my Daughter Ruth Pleasants and all her children including those she may hereafter have if any three hundred dollars to them and theirs forever. |
| I give unto my grand son, James Pleasants Two hundred dollars to him & his heirs forever. |
| I give unto my Daughter Nancy Timberlake one bed & furniture now in her possession. I loan unto my Executors for the entire use & benefit of my daughter Nancy Timberlake One hundred dollars to be used by them as they think best for her entire benefit. And whereas I have loaned my wife Nancy, Old negro woman Peggy, now be it understood that is my wish after the death of my wife that said negro woman Peggy shall select & make choice of a home & who ever she chooses for a home shall receive out of my estate fifty dollars. |
| I also give unto my son David Timberlake the further sum of Three Hundred dollars to him and his heirs forever. I also give unto my son John Timberlake the further sum of Two hundred dollars to him and his heirs forever. And after my death, I wish the following negroes to be sold on such terms as my Executors may think best, namely, Charles, Penelope, Patience, Dick, Carolina, Bob, Alford, (Young Peggy) & Georgianna, & all increases from time & all other property that I may have at the time of my death which I have not disposed of in the above will & the money arising from such sale, shall be applied to the payment of all my just debts & liabilities & the balance if any I wish to be equally divided between my son David K, John, Adkins M., James P., & Richard Timberlake to them & their heirs forever. |
| And after the death of my wife Nancy I wish & desire that all the lands, negroes, stock of all kinds and every other article or articles of property consisting in what it may of such & every for & denomination whatever, both real, personal & miscel I mean the whole with all increases shall be sold to the highest bidder on a credit of nine months with bonds & approved security & the money arising therefrom shall be applied to the payment of the several legacys named within to their full amt. & if there is not a sufficiency to pay the whole of them, it shall seale'd & prepartioned agreable to the respective amts. intended to be given & after the payment of the within named Legacys should there be a balance, I want all such balance to be equally divided between sons David K. Timberlake, John Timberlake, Adkins M. Timberlake, Rich'd. Timberlake, James P. Timberlake, & Sally Rosemond & her children the said Sally Rosemond being my grand daughter to she & their heirs forever -- In witness whereof I have hereunto set my hand & seal dated as above. I hereby nominate & appoint my Son David K. Timberlake & Rich'd Timberlake Executors to this my will dated as above & sealed with my seal. |
James Timberlake (Seal)
| The words (same & may) enterlined before assigned. |
| Witnesses: | |
| Rich'd Ward | |
| John Harris |
| State of North Carolina -- Court of Pleas & quarter sessions Franklin Co., December Term 1847 |
| I hereby certify that the execution of the foregoing will was duly proven in open court on oath by Rich'd Ward and John Harris the subscribing witnesses thereto and on motion ordered to be recorded. |
NORTH CAROLINA, FRANKLIN COUNTY
Y. Patterson C.C.C.
| I, W. V. Avent, Clerk of the SuPerior Court of Franklin Co., North Carolina hereby certify that the foregoing is a true and perfect copy of the will of James Timberlake so far as I have able to transeribe. Said copy being taken from Will Book M. Page 228 |
| Witness my hand and seal this 26th day of June 1941 |
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