Will of Josiah Ward 1849

Transcribed by Email to Frances Henderson


Names Included Josiah Ward Fanny W. Bell, daughter Edward W. Matticks, grandson David G. W. Ward, son and executor William P. Ward, grandson William P. Ward, son and executor Benjamin, brother Cassa Bell, granddaughter Anun Russell, bought land from Smith, land as reference Maria Ward, granddaughter Cora B. Ward, granddaughter Richard Ward, witness James M. Ward, witness Jasper Etheridge, clerk Negroes female - Catherine female - May female - Caely Ann female - Nancy female - Hepsy male - George female - Nicy male - Coilus female unnamed The will of Josiah Ward, February 2, 1849 as transcribed by Frances Henderson on April 18, 1999 from a copy secured at the NC Archives on October 25, 1986. Attempt was made to include spelling, capitalization, and punctuation as found in the original. Words in parentheses and italicized explain words/letters scratched out, etc. Notes in brackets indicate editorial explanation and/or additions. Items in parentheses but not in italics are used for unreadable words or words/letters than may be incorrect. This will was written in a relatively small handwriting and was rather difficult to interpret. Frequently the writer drew a line from the end of the words to the end of the line. This is indicated by: * * * * * This writer used many periods, commas, and semicolons. Sometimes there were dots that appear to be where the pen rested, but were not intended as periods. Attempt was made to include those marks that were intentional, but sometimes it was just an educated guess. In the name of God amen I Josiah Ward of the County of Onslow and State of North Carolina being of sound mind and memory doth make and ordain this my last will and Testament as follows 1st I lend to my daughter Fanny W. Bell (now living in Lounds Co. Mississippi) my negro girls Catherine and May with their increase; during her natural life, and at her decease to be equaely divided amongst her children. which sd girls camin (?) away with (?) to the above sd County and state in the year a.d.1837. 2nd I give and bequeath unto my grandson Edward W. Matticks my negro girl Caely ann should he live to arrive to the age of twenty one years and it is my will that my son David G. W. Ward keep sd girl free of expense (that is her services to remunerate him for raising her now a child that she may be delivered to Edward free of encumbrances at the above age should Edward die before the time prescribed (several words scratched out) I give and bequeath unto my Daughter Fanny s children the girl Caely ann with her increase if any; their Mother to (smeared) her services during her natural life; also if Edward should die at or subsequent to the above age without lawful issue my will is the same. * * * * * 3rd I give and bequeath unto my grandson William P. Ward my _____ two barrel gun, to be delivered him at the age of twenty one should he die before that time, I wish my son David to keep her. * * * * * * * * * * * * * * * 4th I give and bequeath unto my son David G. W. Ward the plantation on which I now live also the point plantation and institute Morgans Creek as the dividing line between him and his Brother William of that part thence up sd creek to Morgans Branch thense up sd Branch nearly (smear) to Bridge to a spring (unsure of this word) making out of the north side of the branch and up the spring (unsure of this word) to three small pines at its head thence to a stooping pine just above the wood of the Cowpen Branch; the north corner of the back line: also fifteen acres lying on the west side of, and joining the _____ ponds: also the pines on the land I bought from my Brother Benjamin for the space of seven years. Also my negro girls Nancy & Hepsy and boy George, and the increase of the girls if any. But it is my will that he shall give unto my Grandson Edward W. Matticks a negro girl not under ten nor over fiftenn years of age; should Edward die before before he is twenty one I give the girl unto my son David; or at (?) or afterward, without lawful issue [end of first page] This girl is given unto ("my" is scratched out) the sd Edward W. Matticks in the place of the girl Hepsy which I have given unto my son David; having previously designen(?) to give the sd girl to my grandson the sd Edward W. Matticks. The girl is neither to be delivered (word scratched out) nor considered to belong to the sd Edward W. Matticks until he arrives to the age of twenty one years. and then subject to the before prescribed conditions.. I lend unto my daughter Fanny my negro girl Nicy during her natural life and at her decease; for the sd girl to belong to my Grand Daughter Cassa Bell. should she die, without lawful issue I give the sd girl Nicy unto the youngest child of my daughter Fanny with her increase if any. Though I leave it discretionary with my son David ("not to" is scratched out) to retain the girl Nicy and deliver another, equal in Value to her; to my Daughter Fanny; or grand Daughter Cassa; or youngest child, as the case may be, whenever this will goes into effect. Should he think proper to place another in Nicy's stead I give unto him the sd girl Nicy and her increase if any [short line drawn] 5th I give unto my Son William P. Ward the land laying on the north side of Morgans Branch; from the creek to the back line; laying between Asher Hawkins' land on the one side, and the dividing line betwixt him and his Brother David on the other: with the land I bought from my Brother Benjamin and the pines after seven years. Also the land known as the Melton land laying each side of the spring Branch and the land known as the (doly?) land laying on Mill Creek. also ten acres land joining the land I bought from Anun Russell; known as the Smith land; and also that land; with my negro boy Coilus, and negro girl _____ with her child; to him and his heirs forever. Also the hogs raisen(?) on the spring branch land. 6th I give unto my grand Daughter Maria Ward my little hair trunk. 7th I give unto my Grand son William P. Ward, the chest in which I formerly kept my papers. 8th I give unto my Grand Daughter Cora B. Ward my black trunk (several words scratched out) 9th I give unto my son David all the farming and turpentine tools; house hold and kitchen furniture, and all and every thing, on, and attached to the plantation, where I now live including the hogs with the land and negroes previously [Second page ends here] mentioned; to him and his heirs forever The horses on the farm are excepted, and will return to thier rightful owner my son William. As witness my hand and Seal this Febry. 2nd 1849 In the presence of [signature] J. Ward [seal drawn] [signature] Richard Ward [signature] Jas. M. Ward P. S. I leave my sons, David and William Executors to this my last will and testament. [signature] J Ward [The following is in another handwriting] State of North Carolina} Court of pleas & Quarter Sessions Onslow County } June Term 1849 There was the foregoing paper writing purporting to be the last Will and testament of Josiah Ward and, offered and admitted to probate upon the Oath of James M. Ward one of the Subscribing witnesses thereto, and ordered to be recorded and filed as the last Will and testament of the Said Josiah Ward deceased, and David G. W. Ward one of the executors therein named appeared in open Court and was duly qualified as executor aforesaid in due form of Law and letters testamentery ordered to be granted unto him [signature] Jasper Etheridge clk

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