Cabarrus County, NC - Will of William Wallace Spears, 1842

Will of William Wallace Spears

Below is Will of my GGG Grandfather William Wallace Spears, b. 24 Sep 
1769, d. 18 Nov 1843, m. Elizabeth Gilmore (Gilmer) 28 Aug 1799.
 
Register of Deeds Office for Cabarrus Co, NC, Will Book l, pages 31, 
32, 33 William W. SPEARS Will, dated 19 Mar 1842. The last will and 
Testament of William W. Spears was produced in Open Court and offer for 
probate and the execution thereof was duly proven by the oath of R. 
Kirkpatrick and Leonidas C. Kirkpatrick, the subscribing witnesses 
thereto and a codicle to the said will was produced in Court and 
offered to probate and the execution thereof was proven by R. 
Kirkpatrick, one of the subscribing witness and the Executor therein 
named to wit Columbus W. Spears and Wade hampton Spears qualified and 
obtained letters Testamentary whereupon the will and codicil was 
ordered to be recorded and registered which lat will and testament and 
codicil as in the following words and figures, to Wit:

I, William Wallace spears of the County of Cabarrus and state of North 
Carolina, being of sound mind and memory but considering the 
uncertainty of my earthly existance do make and declare this my last 
will and testament in manner and form following:

That is to say first that my Executor hereinafter named shall provide 
for my body a decent burial suitable to the wishes ofmy relatives and 
friends and pay all my funeral expenses together with my debts 
howsoever and whomsoever owing out of the monies that may first come 
into their hands as a part or parcel of my estate.

Item: I give and devise to my beloved wife, Elizabeth, that she receive 
a good and comfortable support and maintenance off the land whereon I 
now live together with the full use of my dwelling house and the 
necessary outhouses attached to the said mansion.

Item: I give and devise to my said wife Elizabeth all my household and 
kitchen furniture or so much thereof as she may think necessary for her 
comfort and convenience. I also give and devise to my said wife 
Elizabeth one Negro woman named Harriet to be sole use and disposal and 
also one horse beast, her choice of my stock, and two head of milk 
cows, her choice, said stock to be fed to or fed and supported of the 
land.

Item: I give and devise to my beloved son Columbus W. Spears a piece of 
land on both sides of Caldwell Creek beginning at a turkey oak, his own 
corner, on the west side of the creek, thence an easterly direction 
coursing a creek up a hollow until it strikes his own line, containing 
five or six acres and he is to keep my division fence between said land 
and myother land up and in good repair.

Item: I give and deevise to my beloved son Wade hampton Spears the 
plantation whereon I now live with the exception of part of my meadow 
hereinafter described containing two hundred forty acres of thereabouts 
upon his the said W. Hampton Spears paying my son Sidney W. Spears $500 
at such period as will be to him convenient by the payment of interest 
from the time he gets possession of the same and I will and devise that 
my son W. Hampton Spears support and maintain my beloved wife Elizabeth 
off the said land in the manner that becomes her dignity and comfort 
during her natural life.

Item: I give and devise to my well beloved son, Harvey Spears that 
piece or parcel of land known as the McGinnis place whereon he now 
lives containing one hundred twenty-nine acres together with that part 
of my meadow land lying west of the road leading to Nathan Phillips.
Item: I will and devise to my well beloved son, W. H. Spears my Negro 
boy, Elias.

Item: I will and devise to my well beloved son, Sidney W. Spears my 
negro boy named Jefferson together with $275 in money and my silver 
watch.

Item: I give and devise to my well beloved Mary Davis and the heirs of 
her body one negro girl named Anna.

Item: I give and devise to my beloved daughter Margaret Davis and the 
heirs of her body one negro girl named Jane.

Item: I give and devise to my beloved son Harvey Spears one negro boy 
named Moses.

Item: I will and devise that my undivided property be solt at my 
decease and after payment of my just debts and foregoing legacies that 
the same be equally divided between my beloved wife Elizabeth and my 
seven living children and the children of my deceased son, James G. 
Spears having a ninth part of the same and I do hereby constitute and 
appoint by beloved sons Columbus W. Spears and Wade Hampton Spears by 
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 every clause thereof hereby revoking and declaring 
utterly void all other wills and testaments by me heretofore made. In 
witness whereov, I the said William Wallace Spears do hereunto set my 
had and seal this 19th day of March 1842.

Signed sealed and published and declared by the said William Wallace 
Spears in the presence of us who at his request and in his presence and 
in the presence of each other do subject our names as witnesses.
R. Kirkpatrick

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This file was contributed for use in the USGenWeb Archives by
Judy Spears - JudySpears@aol.com 
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