Abernathy Document
The Will of
James Abernathy
17 Jul 1829
In the name of God Amen this 17th day of July of 1829 I James Abernathy of the county of Lincoln and State of North Carolina being weak in body but of perfect mind and memory thanks be to almighty God. Therefore calling to mind the mortality of my body and knowing that it is appointed unto all men – to die, I do make, constitute and ordain this my last will and testament: viz: principally and first I give and bequeath my soul to Almighty God who gave it and for my body to be buried in a Christian like and decent manner hoping at the general Resurrection I shall Receive the same again by the mighty power of God – and as touching such worldly sustenance as it hath pleased God to bless me with in this life I give devise and dispose of in the following manner and form. First my will and desire is that all my just debts and my funeral expences be paid and Second I give and bequeath unto my dearly beloved wife Sarah Abernathy & my sons John Abernathy and James A. to have an equal share and proportionate share of my land viz) for the land to be divided in four parts and my wife, Sarah Abernathy is to have her fourth where I now live and at her death for my son, George Abernathy, to have the same part with his and my son John to have his share and as of ___ so as for them to side together and for James to live with them and have his support with. Also I give unto my wife, Sarah her life time all my negroes, Nancy, Adam, Will, Daniel, Charley, Shade, which she is to have and dispose of her life. Also all my household and kitchen for her life and at her death, Adam is to belong to my son, William Abernathy and Will is to belong to my son, Robert, at my wife’s death also my wish and desire is that my wife dispose of the other negroes named Daniel, Charley and Jude to dispose of them as she thinks proper at her death. I further give and bequeath all my stock, namely horses, cattle, hogs and sheep to my beloved wife, Sarah Abernathy. Also I give and bequeath unto my son William Abernathy one fourth part of all my land which is to be laid off of the lower part of the land down the river. Also I give and bequeath unto my son Robert Abernathy one fourth part of my land which is the land lying up the river where Mr. Fitzgerald now lives and my wish and desire is that the boys, my sons that is dumb is to have the support on my land in the following manner (viz) for James to have his support on the tract of land given to John and George to have his support on the land given to William and Samuel to have his support on the land given to Robert. I also wish and desire that my two daughters, Elizabeth and Nancy Abernathy to have an equal share of all my estate with my sons William, Robert and John Abernathy which the boys they are to make them the same, out of their part which I have given and also wish and desire for my three sons before named, William, Robert and John for to have an equal share of my cotton machine and for all to be a part viz keeping up said machine also for the ____? Machine the given in the same machine and further for my two daughters, Elizabeth and Nancy for to have their cotton picked toll free and I further give and desire that my distillery and stills to my son, John Abernathy and he is to pay my two other son, William and Robert Abernathy the sum of twenty six dollars each and I further desire that if either of my sons, William, Robert and John Abernathy should dispose or sell the above named land which I have given them that they are to give bond with surety for the maintenance of the dumb boys committed to their care, and I do further appoint my dearly beloved wife, Sarah Abernathy and my two sons, William and John Abernathy, my true and lawful Executors to this my last will and testament and this only is to be taken as my last will and testament Re--?ing and annulling all other will or wills heretofore made by me in witness whereof I have hereunto set my hand and seal the day and date before named.
James Abernathy (Seal)
Signed, sealed and delivered in the presence of:
John Farrar
Wells B. Traylor
Source: Lincoln County NC, Will Book 4, p. 51-53, transcribed by Joyce Handsdel