Lenoir County, NC - Wills

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JOHN KING WILL

Typed Copy found at the North Carolina Archives, Raleigh, NC

Lenoir County, Misc Records, CRX Box 4

In the name of God Amen. I, JOHN KING, of the County of Lenoir and state of North 
Carolina, being of sound disposing mind and memory, do make and declare this to be 
my last will and testament, in manner and form following, that is to say

First, That my Executor (herein after named) shall provide for my body a decent 
burial suitable to my circumstances in life, and pay all my funeral expenses, 
together with all my just debts to whomsoever owning, out of the monies that may 
first come into his hands as a part of my estate.

Item 2nd.  I loan to my beloved wife, ELIZABETH KING, during her widowhood, all my 
plantation lying on the side Bear pocoson, on which I now live, to a small branch 
running from above the road and emptying into Bear pocoson between where I now live 
and where TRAVIS KING now lives, together with a sufficient quanity of firewood and 
timber for the support of said plantation and family.  Also I loan unto my wife as 
aforesaid negroes Young, Ben, Amy, Ataline and Eleanor, and their increase, during 
her natural life.

Item 3rd.  I give and bequeath unto my wife, ELIZABETH KING, negroes Kate and Vinson, 
and all their future increase, to her and her heirs forever.  Also, I give and bequeath 
unto my wife, as aforesaid, two horses her choice two cows and calves her choice, four 
sows and pigs her choice, two feather beds and furniture her choice, and one year's 
provisions for herself & family.

Item 4.  I loan unto my son, TRAVIS KING, the land whereon he now lives, from a small 
branch, the line of the land loaned to my wife, including all the land owned by me on 
the north side of Bear pocoson from said small branch and running up Green pond branch, 
during his lifetime provided he remains upon it, but not subject to sale either by 
himself or any other person whatsoever.  And at the death of TRAVIS KING, or his 
removal therefrom, I give and bequeath all the land included in this item of my will, 
unto all the legitimate male children of said TRAVIS KING, which live to be twenty-one 
years old, or leaves lawful issue to be equally divided between them, to them and their 
heirs forever. Also, I loan unto TRAVIS KING as aforesaid, the use of negroes Henry, 
senior and Patsey and their future increase during his lifetime, not subject, however, 
to be sold, either by himself or any other person whatsoever.  And after his death, I 
give and bequeath the said negroes, and their future increase, unto all the legitimate 
children both male & female, of TRAVIS KING, which live to be twenty-one years old, to 
be equally divided between them.

Item 5th.  I give and bequeath unto the legitimate male child or children of my son 
TRAVIS KING, which live to be twenty-one years old all my lands (the loans heretofore 
made to continue) to be equally divided between them, provided nevertheless, that they 
shall not be permitted to sell or convey any part of said lands before they respectively 
arrive at twenty-five years old, provided also that if either of them shall die before 
they arrive at twenty-five years old, leaving lawful issue, such child or children shall 
have their father's share of said land, and if either of them should die before they are 
twenty-five, leaving no lawful child, then I give and bequeath such share or shares of 
said unto the surviving male child or children of TRAVIS KING, to be equally divided 
between them.

Item 6th.  After the death of my wife, ELIZABETH KING, I give and bequeath negroes Young, 
Ben, Amy, Ataline, and Eleanor and all their future increase, unto all the legitimate 
children of TRAVIS KING, both male and female, which live to be twenty-one years old, 
or leave lawful offspring, to be equally divided between them, to them and their heirs
forever.

Item 7th.  I give and bequeath unto MARTHA ANN JUDSON WIGGINS, during her natural life, 
negro girl Hollon, and her future increase, and at her death to her children, provided 
she should leave any child or children living at the time of her death, and they live 
to be twenty-one years old, but if she, the said MARTHA A. J. WIGGINS, should die, 
leaving no child or children, and such child or children should not live to the age 
of twenty-one years, or marry, then and in that case, it is my will and desire, that 
negro Hollon and her future increase shall be equally divided between all the children 
of TRAVIS KKING, male and female, which live to be twenty-one years old or have lawful 
issue.

Item 8th.  I give and bequeath unto CHARLES KING (son of TRAVIS KING) negro boy Bryan, 
to him and his heirs and assigns forever.

Item 9th.  I give and bequeath unto JOHN GULFORD KING, (son of TRAVIS KING) negro boy, 
Dick, to him, his heirs and assigns forever.

Item 10th.  I give and bequeath unto WILLIAM ANTHONY KIG (son of TRAVIS KING) negro boy 
Ruffin, to him and his heirs and assigns forever.

Item 11th.  I will and devise that all the remaining part of my negroes, not otherwise 
disposed of at my death, shall be equally divided between the legitimate children of 
TRAVIS KING, which live to be twenty-one years old, or leave lawful issue, viz: Lewis, 
Old Ben, Jordan, Madison, Luke, Green, Daniel, Stanly, Peter, Ginsey Eliza, Lillay, 
Amanda, Tilda, Jane, Martin, Dinah, Little Henry, Ellick & Lila, and all their future 
increase, from this date, to them and their heirs forever.  If, however, any of the 
legitimate children of TRAVIS KING, shall die before they arrive at twenty-one years 
old, or have lawful issue, then it is my will, that the share or shares, which would 
have fallen to such child or children, if they had lived to be twenty-one years old or 
left lawful issue, shall go to such child or children of TRAVIS as do live to be 
twenty-one years old, or leave lawful issue, born of their body.

Item 12th.  I will and devise that my Executor shall sell all the remaining part of my 
property, of every description not otherwise disposed of at my death, on a credit of 
six months, and out of the proceeds of said sale, together with whatever money may be 
on hand, and due me at my death, after paying all my just debts or claims against me, 
my funeral Expenses, and my Executor his commissions, I leave five hundred dollars to 
my wife, ELIZABETH KING, one thousand dollars to my son, TRAVIS KING, and all the 
remainder to the surviving children of TRAVIS KING,  to them and their heirs forever, 
provided such surviving children shall live to be twenty-one years old, or leave any 
living child at the time of their death, and not otherwise.

Item 13th.  I hereby will and devise that if CHARLES KING, JOHN GUILFORD KING, or 
WILLIAM ANTHONY KING, as named in the 8th, 9th, & 10th items of this will, shall die 
before arriving at twenty-one years old, that then, I hereby will and devise the said 
negro or negroes given to those so dying, unto such of the three brothers as do live 
to be twenty-one years old, and should all three of the above named brothers die 
before arriving at twenty-one years old, that I give and bequeath said negroes, Bryan, 
Dick and Ruffin, unto such of TRAVIS KING'S legitimate children, as do live to be 
twenty-one years old, to be equally divided between them.

Lastly, I do hereby constitute and appoint my trusty friend, LEWIS C. DESMOND, my 
lawful Executor 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 declaring utterly void all other wills and 
testaments by me heretofore made. In witness whereof, I the said John King, have 
heretofore set my hand and affixed my seal this day of August, in the year of our 
Lord 1861.

               Jno. King   Seal

Signed, sealed, and published and declared by the testator, to be his last will & 
testament, in the presence of us, who, in the presence of each other, and at the 
request of the testator, made witnesses the same.
STEPHEN WHITE
ALEXIR FIELDS, Jr

State of North Carolina, Lenoir County Court.  January Term 1864

A paper writing purporting to be the last will and testament of Jno. King, deceased, 
is offered for Probate, whereupon it appearing upon the testimony of ALEXANDER FIELDS, 
Jr. that said King executed the said paper writing, as his will, in his presence and 
that of STEPHEN WHITE, the other subscribing witness, that they signed the same in 
his presence and that he was of disposing mind and memory, the same is admitted to 
probate, and ordered to be recorded:  LEWIS C. DESMOND, the Executor therein named, 
comes into Court and renounces his right to administer; whereupon JOSEPH DIXON is 
appointed administrator cum testamento annexo enters into bond in the sum of one 
hundred and twenty thousand dollars, with JOHN H. COWARD and WM. J. POPE as sureties 
and qualified:  ELIZABETH KNG, the widow of said JOHN KING, comes into Curt and enters 
her dissent to said will.
          N. Hunter, Clk

Enrolled in the Clerk's Office of Lenoir County, 22nd March, 1864, at Rogers Store, 
Wake County, NC
         N. Hunter, CCC

I, Wm W. ? Hunter, Clerk of the Superior Court and Probate Judge in and for said 
county and state, hereby certify that the foregoing is a true copy.
         Witness my hand and Official seal at office in Kinston, the 4th day of 
September, 1874
      Wm. W. ? Hunter
       Per Ada Hunter, Deputy Clerk

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