Mecklenburg County NcArchives Wills.....Harris, Jonathan 1827
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Source: Vol. E: Page 76
Written: 1827
MECKLENBURG COUNTY: Record of Wills: 1763-1844, Vols. A-H: C.065.80001: North
Carolina State Archives, Raleigh, N. C.
Vol. E: Page 76
In the name of God Amen
I Jonathan Harris of the State of N Carolina & County of Mecklenburg being
under a declining circumstance of Health, but of Sound mind and memory blessed
be God for his mercies and Remembering that it is appointed to all men to die,
Do publish this my last Will & Testament in manner and form as follows Viz
Imprimis I commit my Body to the dust to be buried in a decent manner at the
discretion of my Ex"., and my Soul to God who Gave it trusting and confiding
in mercy according to the And as touching that worldly estate that God in his
Goodness has bestowed upon me I dispose of it in manner & form as follows.
Viz, I comit my whole property of whatsoever Kind real and personal in Trust
into the hands of my Executors out of which in the first place all Just Debts
to be paid. The Testator hopes and believes that his notes and accounts
pertaining to his mercantile business on hand will be Sufficient for the
payment of all Debts but should this not be the Case that Such other property
be in addition appropriated to Said purpose as shall the view of my Ex"^
appear best
Item I devise that a large marble Slab of a Double ? be procured out of my
Estate Saved? to the memory of my Father & Mother
Item I devise that the ballance of my property and Estate whatever Kind be &
remaining in the hands of my Ex1^ to the advancement of my well beloved Wife &
Children also for the due and proper education of my Children.
Item I devise that my dear Wife be endowed with a Childs portion of all my
Estate
Item I devise that all my Children be apportioned in an equal manner out of my
Estate when they Shall come of age or marry & Should any one or more of them
die in a State of minority or Should any die at any period without Issue that
under that contingency the property inherited Endowment shall revert back into
my Estate
Item I devise that Should any piece of property appears necessary to be Sold
in the View of my Ex" that in that case they are invested with discretionary
power (except as to my Negro property) It is 'my will that this be not sold.
And that in the future division of my said Negroes property the breaking of
familys be avoided as much as possible and that in every respect in their
management, all due humanity be constituted ~~ Notwithstanding the proceeding
restriction about disposing of my Negro property I do hereby Invest my Ex",
power Should the measure appear necessary to Sell as many as four
Finally I do hereby constitute and appoint my dearly beloved wife Sarah the
Executrix, my Dear Son James C Harris, And my true & Trusty friend my Brother
in Law John Spring the True & proper Ex", of this my Last Will & Testament &
Should the place of either the Ex" of this of any of the preceding Ex" become
Vacant by Death And in that case I substitute and appoint my dear Son John B S
Harris in his or room
In Witness whereof, and every part of this Instrument I have hereunto set my
hand and Seal this 9th of Jany AD 1827
In presence of
J.M. Wilson
Jos. W. Ross Jon" Harris [Seal]
Codecil
I add by way of codecil that my Will is that my younger Children be as well
educated as those that are grown up and that my Estate previous to any
division be charged with the expense
J. M. Wilson
Jos. W. Ross Jon" Harris [Seal]
Second Codecil
October 10th 1829 This day I Jonathan Harris being in a Sick and weak low
condition but still of Sound mind & memory do on the day & year above written
add to my last Will & Testament as above Stated and expressly ?
Imprimis my will is that the mining Interest on my Land & premises be duly
prosecuted at the direction of my Executors and that the proceeds be
appropriated to the establishment of demands against the Estate.
Item. I will that a Line beginning at the pine Hill Continuous to F Whites &
the McCombs place the above my Mill dam thence through the grand oohland? in
the mining business & now working & xxx worked for that purpose thence
continuing same course & until it intersects the line dividing on the home
Tract & The Bigger tract; all Lands by the East of Said line including mansion
House and the appurtenances and buildings & machinery be & Remain the property
of my Dear Wife Sarah have & hold full Right & possession of the above Lands
and premises during her natural Life; And after said lands & premises be &
remain the property of my Son John his heirs & assigns forever
Item I will that all my other Landed property & Household no adjudged best by
my Ex to be Sold be & remain in the hands & under the care of my Ex as a
common property of my Other Legatees to be handed over to them by my said Ex
when they marry or come of age in way and proportion that in their wisdom they
shall judge but equitable This to be done to them their heirs & assigns
forever.
Item I will that all my household property of whatsoever kind be & remain in
the hands of my Dear Wife Sarah for her use and comfort, & after that of my
family; And to 'be at her final disposal,
Item I will my house & Lott with appurtenances & improvements be contiguous to
the Court House in the Town of Charlotte to my beloved Son William in fee
Simple
Item I will that this whole mining interest on all my lands & premises be &
remain common & equal property of all my legatees Subject to a previous
article in this instrument of writing that they be worked for the payment of
debt and that no Legatee shall alianate or Sell their interest in Said mines,
or minerals except to another legatee or by & with the consent & approbation
of the Other Legatees; and that the Same constriction prevail & be in force as
to all Real Estate inherited by my Common Legatees
Item My will is that should any of my Legatees not Live to come of age, or
should they die without Issue that shall Live to come of age that in that
case, or in either case their whole property, real & personal inherited by
Virtue of this Instrument, Revert back into my Estate & become the whole
property of my Surviving Legatees
Item I devise that should any xxx doubt or misunderstanding arise in the
construction of this instrument, or in any manner or thing pertaining to my
Estate; that in that case the matter be Settled by the award of three
disinterested & Reliable men, and not by Legal Issue:
And Should any legatee refuse to abide the division by Said division he or she
Shall forfeit all right, title, & Interest in my Estate
Item I will that my dear wife Sarah have her Gold watch & my riding Carriage
to be her own proper & full use; that my Son John B Harris have my Gold Watch:
& that at a proper time my Exrs procure one of equal Quality for my Son
William A Harris
Finally I do Substitute & appoint my Dearly beloved wife Sarah Executrix &
beloved Son John B. L. and my true & Trusty Friend & relation John Springs the
True & Lawful Executors of this my Last Will & Testament
NB My dear Wife to have her choice in The negro property
This instrument by way of Codicil containing three pages & this line added to
the previous instrument of last Will & Testament & four pages bearing date
Jany 9th AD 1827 declared to be The last Will & Testament of the Subscribing
Testator In witness whereof he the Testator hath hereunto Set his hand and
Seal this 10th October AD 1829 according To date first above written
In presence of
John M Wilson Jon. Harris L.S.
Joseph W Ross
W. Williamson
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