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The Will of Nancy Sands

                    

Transcribed by Ginie Morris Sayles & Reed Sayles October 2006

NOTE: Nancy Sands was born Nancy Vaughan , daughter of Ambrose Vaughan . She was married (1) John Cheatham ; (2) Philip Sands . She refers to children of both marriages.In her Will, she references her grand-daughter Indiana Virginia Morris by Nancy's daughter Martha Ann Cheatham (wife of Harrison Ruffin Morris), noted as Martha A. Morris . 

Will Book 20, Page 168

I, Nancy Sands do make and constitute this to be my last will and testament hereby revoking all other wills ~

First, I wish my land and all my property except my slaves sold by my executor and

Secondly, I give to my son Robertson V. Cheatham and to my daughter(s) Araminta Drumright five dollars each and to my grand daughter Indiana V. Morris and Rosa A. Drumright the sum of fifty dollars to them and their heirs forever ~

Thirdly ~ I wish my executor to retain in their hands the sum of two hundred and fifty dollars the interest to be appropriated to the use and support of my daughter Eliza J. ( I. ?) Cheatham during her life and after death I give it to my grand daughter Eliza B. Cheatham to her and her heirs forever.

Fourthly, all the rest and residue of my estate except my slaves, I wish divided into three equal parts and I give one part to the children of my daughter Martha A. Morris , one part to the children of my daughter Araminta Drumright and one part to my grand daughter Eliza B. Cheatham to them and their heirs forever ~

Fifthly, I leave in the hands of William Northington in trust all my slaves to wit Isaac, Lucy, Lizzy, Alice, and John and their increase the hires and profits of which I wish applied to the use, support, and maintenance of my son, William G. Cheatham but in no event to be subject to his debts, liabilities, or contracts. The trustee to permit the said William to have the use, possession, and control of the said slaves so far as it may be compatible with the said trust and the preservation of the said slaves and their increase and at the death of the said William G. Cheatham should he have married and left lawful issue of his body, I give two thirds of the said issue to them and their heirs forever and the other third I give to be divided among the children of my aforesaid children in the same manner as above divided the children of each to take one third ~

Sixthly, my son William G. Cheatham, having been unfortunate as a partner in a mercantile business which failed for a large amount, my object is to secure to him a support and maintenance during his life and then to secure my little property to my grandchildren who are the first object of my bounty. Now if this object is incompatible with the law and it should be adjudged that the interest herein bequeathed to him is subject to his debts and liabilities then I hereby declare the whole provision in his favor revoked and give the said slaves and their increase to be immediately divided amonth the children of my aforesaid children in the proportions above stated the children of each to entire one third ~

Lastly, I constitute and appoint my sons William G. Cheatham and Robertson V. Cheatham executors to this my last will and testament and direct that no security be required of them. In testimony of all and singular the promises I have hereto set my hand and seal this the 3 rd day of June 1859.

Nancy Sands {Seal}

Acknowledged before us in the presences

Of each other and signed by us in the

Presence of testators.

J.T. Walker

Wm. T. Atkins

Mecklenburg County Court January 21 st 1861

The foregoing last will and testament of Nancy Sands deceased was this day produced in court and proved by the oath of James T. Walker and Wm. T. Atkins subscribing witnesses thereto and ordered to be recorded. And on the motion of Wm. G. Cheatham and Robertson V. Cheatham the executors therein named who made oath thereto entered into and acknowledged a bond of $10,000 (there being no security required by the directions of the said will) conditioned according to law certificate is granted them for obtaining a probate thereof in due form. ~

Teste R.F. Clack, clerk

(They filed 21 Jan 1861 in Will Book 20, Page 154