VAGenWeb Mecklenburg County Project

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Wills submitted by
Shirley (Johnson) LaFleur

Included in this file are wills for:

Allgood, John Sr. Will Book 4, page 51 written 8/16/1798 probated 9/10/1798

Burnett, Thomas Will Book 11, page 490 written 12/19/1828 probated 2/16/1829

Burnett, William Will Book 1, page 361 written 2/16/1781 probated 5/14/1781

Burton, Peter Will Book 8, page 185 written 2/8/1811 probated 12/18/1815

Burton, Robert Will Book 4, page 67 written 3/29/1798 probated 7/9/1798

Carter, Thomas Will Book 3, page 367 written 12/21/1795 probated 8/8/1796

Clements, Matthew Will Book 7, page 319 written 1/6/1798 probated 12/21/1812

Daws, John Will Book 9, page 70 written 3/22/1809 probated 9/21/1819

Eubank, Mary A Will Book 27, page 553 written 12/11/1893 probated 9/1901

Harriss, James Will Book 5, page 43 written 1/30/1803 probated 4/11/1803

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Mecklenburg County, Virginia Will Book 4, page 51-52,

Will of John Allgood

In the name of God, Amen, I John Allgood Senior of the County of Mecklenburg and state of Virginia being very sick and weak do make and ordain this my last will and testament & first of all I give & recommend my soul to Almighty God & my body I recommend to the earth to be buried Decently & what little estate I possess I do give and bequeath to my Son John Allgood all the lands that I possess to him and his heirs forever also all the rest of my estate of all kinds except one feather bed and one cow which I give to my grandson George Allgood & do appoint my son John Allgood and my friend Peter Hutcheson executors to this my last will and denying all other wills but this In witness whereof I do set my hand and seal this 16 th day of August 1798

John Allgood (his mark)

Test.

Peter Hutcheson

William Burton

Jesse Clark (his mark)

At a court held for Mecklenburg County the 10 th day of September 1798

This will was proved by the oaths of William Burton and Jessee Clark witnesses thereto and ordered to be recorded & on the motion of John Allgood Junior one of the Executors therein named who made oath thereto & together with Richers Brame and Clausel Clausel his securities entered into & acknowledged their bond in the penalty of one thousand dollars conditioned as the law directs certificate was granted him for obtaining probat thereof in due form liberty being reserved for the other executor therein named to join in the probat when he shall think fit

Teste. William Baskerville, cc

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Mecklenburg County, Virginia Will Book 11, page 490

Will of Thomas Burnett

In the following words is contained my last will and desires viz. the two sums of money in the hands of the administrator of Joseph Burnett Dec'd in the state of Tennessee in the care of Samuel H. Laughton Esquire attorney at Law in said State. also whatever money may be due me from Edward L. Tabb, esquire the money due me from Peter Bailey to the amount of between 90 and 100 dollars. The money due me from Dr. Howell Jeffries not less than $100. The money due me from the estate of Capt John B. Goode in the hands of John C. Goode debt interest & upwards of $1000 with its Interest together with any Land & all other monies due me. I do hereby empower Col. Christopher Haskins to sue for sell (?) & recover in the same manner in my name as was I personally present and when in his hands so to divide among my children agreeable to a list that will be forwarded him by me after retaining what I may owe him for his trouble for same the above in complete effect I wish Samuel A. Taylor & John Winkler paid being all the money that I owe in this world that I recollect all the Estate I am possessed with in every shape is here to be considered as assets in his hands and subject for the above division in that way he devises for the best witness my hand the 19 th Dec 1828

Thomas Burnett

Witnesses

F. Noel (his mark)

Archer Cox (his mark)

At a court held for Mecklenburg County on the 16 th day of February 1829

The foregoing last will and testament of Thomas Burnett dec. was produced into court and partly proved by the oath of Foster Neal and at another Court held for said County on the 16 th day of March in the year aforesaid the same was again produced into court and fully proven by the oath of Archer Cox another subscribing witness thereto and ordered to be recorded.

Edward L. Tabb, clerk

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Mecklenburg County, Virginia Will Book 1, page 361-362

Will of William Burnett

In the name of God, Amen. I, William Burnett of Mecklenburg County and the state of Virginia, do make and ordain this my last will and testament in manner and form following:

Item: I lend unto my loving wife Elizabeth Burnett the house and plantation together with all the land lying between a branch called Timber Tree and a branch called Stone lying below the plantation to Ingram's line, and a Negro man named Simon, and a Negro man named Ben, and a Negro woman named Fanny, and three cows and calves, and 2 draught steers, and one horse and colt, and twenty head of hogs, three feather beds and furniture, one chest, two pots and a frying pan, six chairs, and all my pewter until my youngest child arrives at the age of ten years, and then after the said child, Reuben Burnett, arrives at ten years of age then my will and desire is that my loving wife Elizabeth Burnett have the use of the above mentioned land and a Negro man Simon during her natural life or widowhood.

Item: I give and bequeath unto my son Thomas Burnett the land and plantation purchased of Joseph Knight, one sow and pigs to him and his heirs forever.

Item: I give and bequeath unto my son William Burnett fifty acres of land lying on the west side of Stonehouse joining Ingram's.

Item: My will and desire is that after my youngest child, Reuben Burnett, arrives to the age of ten years that all my personal estate be equally divided between my surviving children: Thomas Burnett, William Burnett, John Burnett, Harry Burnett, Joseph Burnett, Edmund Burnett, Brukin (?) Burnett, Boby Burnett, Reuben Burnett, Phoebe Burnett, Betsy Burnett, Sally Burnett.

Item: I give and bequeath all the rest of my land not before mentioned to be equally divided between my children hereafter mentioned that is to say: John Burnett, Harry Burnett, Joseph Burnett, Edmund Burnett, Brukin (?) Burnett, Boby Burnett, Reuben Burnett, Phoebe Burnett, Betsy Burnett, Sally Burnett; to them and their heirs forever.

Item: I give and bequeath unto my daughter Phoebe Burnett the sum of twenty pounds to be raised out of my estate before divided to her and her heirs forever.

And of this my last will and testament I do appoint my son Thomas Burnett and my son William Burnett my executors. Given under my hand and seal this 16th day of February one thousand seven hundred and eight-one.

Teste.

James Day (his mark) William Burnett

Mary Day (her mark)

Redmond Smith

At a court held for Mecklenburg County the 14th day of May 1781.

This will was proved by the oaths of James Day and Redmond Smith witnesses thereto and ordered to be recorded. And on the motion of Thomas Burnett, one of the executors therein named, who made oath thereto and together with Mordecai Brown and Samuel Lark his securities entered into and acknowledged their bond in the penalty of one hundred thousand pounds conditioned as the law directs certificate was granted him for obtaining a probat of the said will in due form liberty being reserved for the other executor therein named to join in the probat when he shall think fit.

Teste. John Brown, Co. Cur.

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Mecklenburg County Virginia Will Book 8, page 185-187

Will of Peter Burton

In the name of God, Amen, I, Peter Burton being of sound mind and disposing memory, knowing it is appointed for all men once to die, do make and ordain this to be my last Will and Testament in manner and form following. To Wit.

Imprimis: I lend unto my Son Hutchings Burton one Negro man Slave named Ben which he has now in his possession, during his natural life, then to his Heirs lawfully begotten of his body, should he leave no lawful heirs, then it is my will that the said Slave Ben should be equally divided amongst the rest of my children or their heirs henceforth.

Item: I give and bequeath unto my daughter Sally Hubbard a Negro woman Slave named Betty and forty pounds cash to her and her heirs forever

Item I lend to my Daughter Dolly Smithson as long as she remains single two Negroes, to wit. a Negro woman named Tilly and a girl named Betty. It is my Will and desire that my Executors hereafter named to hire out the said slaves or otherwise manage for my said Daughter Dolly Smithson that she may enjoy the profit of the said Slaves as long as she may remain single and at her death or marriage the said Slave Betty to her son William B Smithson to him and his heirs but if my said daughter should die leaving no lawful heir except her son William B Smithson then I give the whole of the Estate lent her and the said William B. Smithson to him and his heirs. But if the same Dolly Smithson and William B. Smithson should both die without lawful Heirs, then it is my Will and desire that the Estate aforesaid should return to my Estate and be equally divided amongst the rest of my children or their heirs forever.

Item It is my will and desire that my Executors hereafter named do have house sixteen by twelve feet built in a workmanlike manner on my tract of land called Tuckers oldfield, for the use and benefit of my Daughter Dolly Smithson, so long as she may remain single, and to have a sufficient quantity of Land laid off for her to work the Slaves lent her, if my Executors should think proper that they should work on the said Land, but at her death or marriage the Land and house to belong to my son Peter Burton.

It is also my will that my said Daughter Dolly Smithson have a bed and furniture also a chest of Drawers to enjoy in the same manner as the slaves I have lent her.

Item: I lend unto my Daughter Phoebe Puryear one Negro Woman Slave named Dilett during her natural life, at her death I give the said Negro Dilett and her increase to my three granddaughters Patsey, Peggy and Sally Puryear to be equally divided between them and their heirs forever

I give and bequeath to my Daughter Mary Lett a Negro woman slave named Sall and a Negro girl named Jenny to her and to her heirs forever.

Item, I give and bequeath unto my Daughter Martha Burton two Negroes, to wit., a Negro woman named Amy and a Negro girl named Maria also one Feather Bed and furniture one Horse and Saddle my chest of Drawers and one Walnut dressing Table to her and her heirs forever

Item I give and Bequeath unto my Son Peter Burton the whole of the Land that I possess including the Land that I live on, and the Land called Tuckers oldfield also three Negroes, to wit, a Negro woman named Lyddy, a girl named Daphney, and a Boy named Emanuel also a Horse, bridle and Saddle one Feather Bed and furniture my desk, and square folding Walnut Table and a Walnut dressing Table to him and his heirs forever.

Item it is my will and desire that the balance my Estate of every species, be sold by my Executors hereafter named and after the payment of my just debts the money arising form the sale to be equally divided amongst all my children or their heirs—the portion or part that my daughter Phoebe may be entitled to if she be dead I give the same to her heirs forever. The portion or part of the residue of my Estate aforesaid that my daughter Dolly Smithson may be entitled to, It is my will, that my Executors do manage the same for her benefit, either in the purchase of property, or otherwise if they may see cause, to be enjoyed by her during her natural life, and at her death to do with as she thinks proper.

Lastly, I nominate constitute and appoint Thomas Taylor, Archibald Green and William Brown (son of James) Executors to this my last will and Testament, Revoking and making void all other will or wills by me heretofore made, declaring this only to be my last will and Testament. In Witness whereof I have hereunto set my hand and Seal this 8 th day of February 1811.

Peter Burton

signed, Sealed and delivered in presence of us

William Rowlet, Sen (the words said slave and the word

Thomas Hudson Puryear interlined before signed)

William Rowlet, Jr.

Bind Jackson

At a court held for Mecklenburg County held the 18 th day of December 1815

This will was presented in court and proved by the oath of Thomas Hudson, William Rowlet and Bins Jackson Witnesses thereto and ordered to be Recorded. And on the motion of Archibald Green one of the Executors named in the said Will who made Oath according to Law Certificate is granted him for obtaining a probate of the said Will in due form whereupon he with William Green, Edward Neal and Edward Dodson his securities entered into and acknowledged their Bond for that purpose ....

Teste: Edw. Tabb

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Mecklenburg County, Virginia Will Book 4, page 67

Will of Robert Burton

In the name of God, Amen, I, Robert Burton of the County of Mecklenburg being sick and weak of body but of perfect and sound mind and memory, praise be therefore given to Almighty God for the same, do make and ordain this my present last will and testament in manner and form following that is to say first and principally I recommend my soul into the hands of Almighty God hoping through the merits of the death and passion of my Savior Jesus Christ to have full and free pardon and forgiveness of all my sins and to inherit everlasting life and my body I recommend to the earth to be decently buried at the discretion of my executors hereafter named and as touching the disposition of what temporal estate as it hath pleaseth Almighty God to bestow upon me I give and dispose thereof as followeth first I will that my debts and funeral charges be paid and discharged.

Item: I give and bequeath unto my loving son Archer Burton one Negro man by the name of Joe and one bed and furniture and no more of my estate.

Item: I give and bequeath unto my loving son Robert Burton one Negro man by the name of Lowe(?) and one bed and furniture.

Item: I give and bequeath unto my loving son Elisha Burton one Negro woman by the name of Ceck(?) and bed and furniture.

Item: I give and bequeath unto my loving son William Burton one Negro man by the name of Jack and one tract of land lying and being in the County of Mecklenburg it being the tract I had of Cage Burton being one hundred acres more or less and one feather bed and furniture.

Item: I give and bequeath unto my loving daughter Miney Roffe one Negro woman by the name of Wine and one bed and furniture and one large copper kettle and no more of my estate.

Item: I give and bequeath unto my loving son John Burton two Negroes by the names Solomon & Jessee one bed and furniture and all the land that lies on the south side of Allen's creek it being part of the tract of land I now live on.

Item: I give and bequeath unto my loving son Allen Burton two Negroes by name Frank and Lewis and one bed and furniture and one young mare by the name of Flag and the plantation I now live on with the lands on the north side of Allen's Creek.

Item: I give and bequeath all the remainder part of my estate herein before not devised nor given away to be equally divided between my sons Robert Burton, Elisha Burton, William Burton, John Burton and Allen Burton to them and their heirs and assign forever.

Item: My will and desire is that my estate should not be appraised nor inventoried and I do hereby ordain and appoint my friend William Rowlett and my son John Burton full and sole Executors of this my last will and testament and do hereby revoke and make void all former wills and testaments by me heretofore made.

In witness whereof, I, the said Robert Burton to this my said last will and testament here set my hand and seal this twenty-ninth day of March One thousand seven hundred and ninety-eight.

Robert R Burton (his mark)

In presence of

David Hudson

Herbert Hardy (his mark)

Elizabeth Hudson (her mark)

At a court held for Mecklenburg county the 9th day of July 1798

This will was proved by the oaths of David Hudson and Herbert Hardy witnesses thereto and ordered to be recorded and at a court held for the same county the 10th day of December following William Rowlett and John Burton the executors therein named personally appeared in Court and refused to take upon themselves the executorship of said will and on the motion of William Burton who with oath thereto and together with Edward Roffe and Joseph Batts his Securities entered into and Acknowledged their bond in the penalty of twenty Thousand dollars Conditioned as the law Directs Certificate was granted him for Obtaining letters of administration in the estate of the Said Robert Burton deceased with his Said will annexed in due form

Teste. William Baskerville, cc

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Mecklenburg County Virginia Will Book 3, page 367-368

Will of Thomas Carter

In the name of God, Amen. I, Thomas Carter of the County of Mecklenburg and the State of Virginia being, and weak in body but of sound sense and memory do make this my last will and testament in manner and form following.

First and principally, I give my soul to God who gave it trusting in the merits of Jesus Christ for full pardon and remission for all my past offences and my body to the earth to be buried at the discretion of my Executors hereafter mentioned.

Item, I give unto my beloved son John Carter, one hundred and fifty acres of land in Granville County joining the land whereon I now live. I also give unto my beloved son Charles Carter, one hundred fifty acres joining the tract I have willed my son John the line to begin at the old fishtrap on Mulbush Creek.

Item, I give and bequeath unto my natural son Thomas Carter 100 acres of land part of the tract on which I now live and joining the lands of John Johnson, to him and his heirs forever. Then I give and bequeath unto my natural son Charles Carter one hundred acres whereon he now lives to him and his heirs forever.

And then I give and bequeath to my beloved wife Mary Carter the remaining part of the said land with the plantation on which I live during her life or widowhood and then to fall to my son John Carter to him and his heirs forever. I do also give unto my wife Mary Carter four Negroes, namely, Caesar, Sue, Jacob, and Park during her life or widowhood and then to be equally divided among all my sons.

Item: I give and bequeath to my daughter Elizabeth Johnson one Negro girl named Milley. I give and bequeath unto my daughter Judith Kidd one Negro man named Cato.

Item: I give and bequeath to my daughter Sally Johnson one Negro boy named Tim to her and her heirs forever and the Negro by the name of Will to Secretary Carter and Sarah Carter (Children of Robert Carter) to them and their heirs forever. I also give unto my daughter Mary Freeman ten pounds --and the remaining part of all my property of every kind to be equally divided amongst all my Children (except Mary Freeman) at my wife's decease or widowhood.

I do leave and appoint my sons John and Thomas Carter, Executors of this my last will and Testament as witness my hand and seal this twenty first day of December one thousand seven hundred and ninety five.

Signed, sealed & delivered

In presence of Thomas Carter

Wm. Hendrick (his mark)

Stephen Hendrick

Jesse Carter

Secretary Carter

In a court held for Mecklenburg County the 8th day of August 1796. This will was proved by the parties of William Hendrick and Stephen Hendrick witnesses thereto and ordered to be recorded and on the motion of John Carter one of the Executors therein named who made oath thereto and together with William Hendrick his security entered into and acknowledged Their bond in the penalty of two thousand pounds conditioned as the law directs certificate was granted him for obtaining a probat thereof in due form liberty being reserved for the other Executors therein named to join in the probat when he shall think fit.

Testa.

William Baskerville, Off. Ct.

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Mecklenburg County, Virginia Will Book 7, page 319- 320

Will of Matthew Clements

In the name of God amen, I, Matthew Clements of the County Mecklenburg and State of Virginia in the Parrish of Saint James being in perfect health and in sound memory and understanding have made and ordained this to be my last will and testament, revoking all others before made in the manner and form following.

Imprimus, my wish and desire that all my debts, be first justly discharged out of my estate, both real and personal.

Secondly, my wish and desire is that my wife Elizabeth shall enjoy of all and every things of both my estates, real and personal, as her own property only during the period of her widowhood and then I give and bequeath unto George Algood and Elizabeth Algood the son and daughter of my said wife Elizabeth the whole of my estates as aforesaid which is to be divided equally between the said George Algood and Elizabeth Algood and to them and their heirs forever.

And lastly, I hereby appoint my friend James Brown of the said County of Mecklenburg to be the sole executor of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this sixth day of January one thousand seven hundred and ninety eight.

Signed, sealed, delivered and

acknowledged in the presence of :

John ___?___, A. D. Winn

William Brown, James P. Brown Matthew Clements (his mark)

At a court held for Mecklenburg County the 21st day of December 1812, this will was proved by the oaths of William Brown and James P. Brown witnesses thereto and ordered to be recorded.

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Mecklenburg County Virginia Will Book 9, page 70

Will of John Daws

In the name of God, Amen. I, John Daws of the county of Mecklenburg and State of Virginia being sick and weak but of a sound and perfect mind and memory, thanks be to God for it, and calling to mind that it is appointed of God for man once to die, do make and ordain this my last Will and Testament in manner and form following:

Item, First of all it is my will and desire that all my just debts be truly and punctually paid.

Secondly, It is my Will and desire that my whole estate of every description after my just debts are paid, shall be kept together until the year of our Lord 1818 and then to be sold at public auction and the money arising therefrom equally divided between my beloved wife and children namely William Daws, Thomas Daws, Patsy B. Daws, Betsy Daws Polly I. Daws,John I. Daws, Joel Daws,Isaac H. Daws, Sally Ann Daws and Rebecca Holmes but as my daughter Rebecca Holmes has had property to the amount of one hundred and two pounds already, it is my will and desire that she should have no more claim in my Estate until my wife and every other child has their equal part to the amount of the sum she the said Rebecca Holmes has had already. Then after the equal division if there should be a surplus of my Estate still remaining it is my Will and desire that she, the same Rebecca Holmes, should come in for an equal claim of the said surplus with my wife and the rest of my children. But should my estate not be sufficient to make my wife and the rest of the children equal to the said Rebecca Holmes it is nevertheless my Will and desire that she should keep and enjoy what I have already given her, viz. the sum of one hundred and two pounds. It is also my will and desire that the sum of forty-three pounds shall be deducted from my son William Daws part of my estate as I have given him property to that amount already.

Item, It is my Will & desire that my daughter Nancy Farrar shall receive the sum of three pounds which is to raised and levied to her out of my Estate and no more.

Lastly, I appoint my wife Elizabeth Daws Executrix and William Daws and Thomas Daws Executors to this my last Will and Testament. In Witness whereof I have hereunto set my hand and affixed my Seal this 22 nd day to March 1809.

John Daws

Witnesses:

Z. Curtis, James Jones, Polly Moore

At a court held for Mecklenburg County the 20 th day of September 1819

The within written last Will and Testament of John Daws dec. was exhibited in Court and proved by the oaths of two witnesses thereto subscribed and ordered to be recorded. Whereupon on motion of Elizabeth Daws the Executrix therein named who made oath thereto according to law and together with James Jones, William Daws, Daniel Mer??eigh and Frankling Moore her securities enter into and acknowledged bond in the penalty of twenty thousand dollars conditioned as the law directs Certificate is granted her for obtaining probate thereof in due form.

Teste. Edward L. Tabb

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Mecklenburg County, Virginia

Will Book 27, page 553

Will of Mary A. Eubank

I, Mary Ann Eubank, of the County of Mecklenburg and the State of Virginia do make this my last will and testament.

Item 1: I leave to my husband, James C. Eubank, during his life all of my real estate and so much of my personal estate as he may desire to keep.

Item 2: At the death of my said husband, I desire that my estate both real and personal shall be equally divided between my nieces and nephews (viz.) Emma and Fannie Hawkins and Wm. T. and Isaiah A. Johnson. Should either one or more of the above named nieces or nephews die before my husband then those living shall inherit.

Given under my hand and seal this 11th day of December 1893.

Mary A. Eubank (her mark)

Signed, sealed and delivered in the presence of the testator and of each other

J. D. Petty

E. L. Petty

Mecklenburg County Court September Term 1901.

The last will and testament of Mary A. Eubank late of this county deceased was this day produced in court and fully proved by the oaths of J. D. Petty and E. L. Petty the two subscribing witnesses thereto and was thereupon ordered to be recorded.

Teste. W. A. Jamieson, Clerk

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Mecklenburg County Virginia Will Book 5, page 43

Will of James Harriss

In the name of God Amen I James Harriss of the County of Mecklenburg and Dominion of Virginia being sick and weak of body but of sound mind and memory and calling to mind the mortality of my body and knowing that is appointed for all men to die do make and ordain this my last will and testament in manner and form following – Principally & first of all I recommend my soul into the hands of Almighty that gave it and my body I Recommend to the earth to be buried in a decent Christian Burial by my Executors hereafter to be named nothing doubting but at the General Resurrection I shall Receive the Same again by the mighty power of God and as Touching such worldly estate wherewith It hath been pleasing to God to enable me with, I give devise and dispose of in the following manner –

Imprimis I desire all my just debts to be punctually paid by my executors hereafter to be mentioned –

I give unto my dearly beloved wife Martha Harriss all of my estate (except a negro boy named Mark) both real & personal to be peaceably and quietly held by her during her life and at her decease it is my will and desire, that my whole estate that then may be on hand be equally divided between my daughters & sons, Sarah Owen, William, Martin, Dicey Algood, Polley, Betsey, Fanney, Patsey, Tempey and Janey Harriss to them and their heirs forever.

Item I give and bequeath unto my dearly beloved Son James Harriss one negro boy named Mark to be freely possessed by him when he arrives to the age of Twenty one years to him and his heirs forever – my will and desire further is that if the Negro boy that I have bequeathed to my son James Harriss should die before my said son James should come to the age of Twenty one years that my said son shall then come in for an equal part of the estate that I have lent to my wife but if the said boy Mark should not die It is my will and desire that she should Own no part of the said estate that I have lent to my wife –

Item my will and desire is that my estate shall not be appraised

lastly I do appoint my dearly beloved wife my Executrix and my Sons William and Martin Harriss my Executors and my Brothers Reuben Harriss and Robert Harriss also – In Witness whereof I have hereunto set my hand and affixed my seal this thirtieth day of January one Thousand eight hundred and three

signed sealed published and pronounced by the said James Harriss to be his last will and Testament in our presence & at his request we attest the same

James Harris (seal)

W Pettus

Allen Harris

William Harris

Sharod Harris

At a Court held for Mecklenburg County the 11 th day of April 1803

This will was proved by the oaths of William Harris and Sharod Harris Witnesses thereto and ordered to be recorded and On the motion of Martha Harris the executrix & Reuben Harris one of the executors therein named who made Oath thereto & together with Richard Ragsdale and Henry H. Dedman their Securities entered into and acknowledged their bond in the penalty of three thousand dollars conditioned as the law directs Certificate was granted them for Obtaining a probat of the Said will in due form liberty being reserved for the other execs. therein named to join in the probat when they shall think fit.

Teste. William Baskerville, c Cur.