I Jonathan Hailey of the County of Richmond and State of North Carolina being of sound mind and disposing memory, but considering the uncertainity of my earthly existance, do make and Publish, this my last will and Testament in manner and form following, that is to say First - [Thus?] my executor (hereinafter named) shall provide for my body a decent burial, suitable to the wishes of my relations and family and pay all funeral expenses together with any just debts however & to whomever owing, out of the first moneys, that shall come into his hands as part and parcel of my Estate. Item 1st I give and devise to my grand children Hiram Hailey, Robert Hailey, Mary Amelia Hailey, Thomas Hailey, William Hailey, Josephine Hailey, Virginia Hailey, Erasmus Hailey and James Hailey, children of my Son Mark Hailey, and to all children that my son Mark Hailey may hereafter have born to him in lawful wedlock, all that tract of land, consisting of one hundred acres more or less, situated, lying and being in the County of Richmond aforesaid at Haileys ferry, on the Pee Dee River, adjoining the land of James P. Leak and others, together with the ferry, known as Haileys ferry, also my home tract of land on which I now reside containing one hundred acres , also one hundred acres lying on the Beaver Dam, near the wolfpit on said County adjoining the lands of William B. Cole and others, to have and to hold the said lands [?] and [?], hereby devised together with all the [appurtenerness?] there in belonging to them the said Hiram Hailey, Robert Hailey, Mary Amelia Hailey, Thomas, William Hailey, Josephine Hailey, Virginia Hailey, Erasmus Hailey, and James Hailey and such other children as my said Son Mark Hailey shall hereafter have born to him in lawful wedlock, and to their heirs and afsigns in fee simple absolute share and share alike, to be divided between them, when the youngest child of my son Mark Hailey now in [?] shall have arrived at the age of twenty one years, or would have arrived at the age if still living. Item 2nd I give and bequeath to my said grand children Hiram Hailey, Robert Hailey, Mary Amelia Hailey, Thomas Hailey, William Hailey, Josphine Hailey, Virginia Hailey, Erasmus Hailey and James Hailey, and to all such children as my Son Mark Hailey may hereafter have born to him in lawful wedlock. My negro slaves Luke, [Bashum?], Richmond James, Esther, Mary, and her child Ellen [?] Charles Peter and Jane, and all their furure increase, together with all the other personal property, hereby to them bequeathed to them the said Hiram Hailey, Robert Hailey, Mary Amelia Hailey, Thomas Hailey, William Hailey, Josephine Hailey, Virginia Hailey, Erasmus Hailey and James Hailey and such children as my said son Mark Hailey , may hereafter have born to him in lawful wedlock , and their executors and administrators absolutely share and share alike to be divided and alloted to them in [severatty?] hereinafter provided. Then 3rd I give and bequeath to my daughter Hanah [Jane?] wife of Franklin C. Smith my negro slaves [Lydin?], [Rubin?], Hannah and their future increase from this time forth to have and to hold the said negro slaves, and their increase, to her the said Hannah Smith, to the sole and exclusive use, and benefit to her the said Hannah Smith seperate and apart from all management control, mastory, ownership or direction whatever of her husband Franklin C. Smith and free from all liability for any of his obligations, debts or contracts for and during and into the [fill?] and term of her [al?] life, and at her death to her daughter Alice and to all [such?] children, as she may have living, share and share alike it [being?] my exprefs will and desire that the said Franklin C. Smith husband of my said daughter Hannah shal have no interest trust property, claim or demand whatsoever either at law in equity, in or to the said negroes or any of them hereby [begat?]. Item 4th I give and bequeath unto my grand children Milton Stricklin, Mary Stircklin, Martha Stricklin, [Susan?] Stricklin and [Heanly?] Stricklin the Sum of two hundred dollars each , and to my grand son Jonathon Stricklin two hundred and fifty dollars to be paid to those of them, who shall be twenty one years of age my exector, within two years from the time of my death and to the other of them, as they shall respectively arrive at the age of twenty one years, and in addition to these sums of money I bequeath, to my grand children in this item, of this last will and testament, I direct that my executor pay to [all?] of these children, that shall be under twenty one years of age at my death, six per [centum?] interest on his or her legacy, from the time of my death, until the payment of [?] legacy, and for the purpose of paying off these legacies to my said grand children Milton Stricklin, Mary Stricklin, Martha Stricklin, [Susan?] Stricklin, [Heanly?] Stricklin and Jonathon Stricklin. I direct my executor shall either sell or hire out such [?] [?] of the negro slaves, bequeathed in a former Item of this my last will and testament to the children of my Son Mark Hailey as shall be [necessary?] to raise said legacy, unto the interest theron and the bequests of said negro Slaves to the said children of my Son Mark Hailey is aforesaid, is expressly hereby charged and encumbered with the legacies of and the interest thereon, to br [discharged?] by the sale or hire of said negroes as my executor in his discretion, shall deem best. Item 5th This my last will and desire that all the rest and [residue?] of my property of every [kind?], be sold by my executor upon a reasonable credit, and that the proceeds of such Sale be applied to the payment of my just debts. Item 6th It is my will and desire, and I hereby direct that my executor to be hereafter named, Shall sell for cash or upon a reasonable credit, as he shall in his discretion deem bestor hire out enough of the negroes, bequeathed to the children of my Son Mark Hailey in a former item of this my last will and testament, to pay off all the debts that may remain standing against my Estate after the application of the monies arising from the sale directed in the last proceeding Item of this my last will and testament, and pay off said debts with the proceeds of said Sale or hirings and the bequests of the said negro Slaves to the said children of my Son Mark Hailey is hereby expresfly charged and encumbered with the payment of Said debts accordingly.
Item 7th It is my wish and desire and I hereby direct that all of the negros bequeathed
to the children of my Son Mark Hailey be kept on the plantation together with the stock
of every kind except such of said negroes as may be sold or hired out as {?] [?] directed,
and that they be employed in the cultivation of the lands for the support of the said children
of my Son Mark Hailey, until my grandson William Hailey, shall arrive at the age of twenty one
years or until he would have arrived at that age if living when it is my will and desire
that said negroes and their increase be equally divided between all the children of my
Son Mark Hailey, that shall be then living share and share alike, and that each and all
of Said children, that shall be twenty one years of age, shall receive their respective
share of said negroes in [?], and that the shares of those children that shall be under
the age of twenty one years, be thrown back in common, and be kept on the plantation,
and employed in the cultivation of the farm, for the Support and maintainance{sic} of
the younger children, until the youngest child of my Son Mark Hailey arrive to the
age of twenty one years, or in case of his or her death, until he or she would have
arrived unto the age of twenty one years if living, when I direct Said negroes, and their
increase to be equally divided between the said children of my Son Mark Hailey then
living who shall not have received their share of the negroes in the first division
before directed, to be made on the arival of my grand son William Hailey at the
age of twenty one years, Share and Share alike, and that one one of Said children
be put in pofsefsion of his or her Share in [?] - I also hereby direct that at the same time of this
last division of the negroes, the lands and tenements, bequeathed to the children of
my Son Mark Hailey, together with the Stock of every Kind thereon and the crop and
farming Utensils,
be equally between all the living children of my Son Mark Hailey, Share and Share alike -
and lastly I hereby constitute and appoint my Son Mark Hailey my 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 making and declaring [?] [?] all other wills
and Testaments by me heretofore made. In [?], wgereof, I the said Jonathon Hailey, do hereunto set
my hand and Seal this the 19th day of January AD 1855 - Signed, Sealed Published and
declared by the said Jonathon Hailey, to be his last will and Testament in the preence of [?],
who at his request and in his presence subscribe our names in witnefs thereto As paper writing pertaining to be the last will and testamnent of Jonathon Hailey Dec'd Exhibited for Probate in open Court by Mark Hailey the Executor therein named, and the due Execution therof by the Said Jonathon Hailey is proved by the oaths and Examination of Thomas A. Covington and John W. [?], Subscribing witnefses thereto - it is therfore considered by the Court, that the Said paper writing, and any part thereof is the last will and Testament of the Said Jonathon Hailey and the same is ordered to be recorded and filed and therupon the said Mark Hailey Executor as aforesaid duly qualified as Such by taking the Oath required by law G.W. Webb |