Abernathy Document
The Last Will and Testament of
Jacob Forney, Senior
24 Jul 1804
In the Name of God, Amen. I, Jacob Forney, Senior of the State of North Carolina and County of Lincoln, being in a weakly state of body but sound in mind and memory and calling to mind the mortality of my body and the unceratinty of all human events, knowing it is appointed unto all men to die do hereby make and ordain and establish this to be my Last Will and Testament, revoking all former wills by me made.
First I bequeath my sould to God who gave it and my body to the earth to be buried in a decent and Christian manner at the discretion of my Executors, and what worldly goods wherewith it hath pleased God to bless me I do give and sistribute in the manner and form following viz:
Imprimis, I do will and bequeath unto my loving wife, Mary [Mariah] Forney, the place where I now live and the following negroes viz: Jess, Sukey, Amey, Ezekiel and such part of the household furniture, farming utensils and cattle as she chooses and three horse creatures for and during the term of her natural life.
Item I do give unto Abram Earhart and Catherine his wife one negro girl named Rhody for and during the term of thier natural lives and then to their heirs of body if any such and in default of issue said negro girl Rhody together with her increase if any to be equally divided between my sons Jacob and Peter Forney and sons in law David Abernathy, John Young and John Abernathy or unto their heirs respectfully share and share alike as aforesaid.
Item I do will and bequeath unto my son Jacob Forney his heirs and assigns forever one tract of land whereon he now lives in Burke County on the upper creek joining Alexander and James Erwins land containing 555 (353?) acres and one negro girl named Peggy.
Item I will and bequeath unto my son Peter Forney his heirs and assigns forever the land whereon I now live containing four hundred acres together with three tracts ajoining the same containing seventy five acres each after my wife decease conditioned he pays eight hundred dollars in four annual payments commencing the 25th Dec 1811 or in one year after my wife decease to Abraham Earhardt, John Young, David Abernathy and John Abernathy in equal installments and proportions as aforesaid. I also give my son Peter one negro girl named Nancy.
Item I give unto my son Abraham Forney two negro girls named Creecy and Vissee for and during the natural term of his natural life and then they with their increase if any to descend to the lawful heirs of his body if any and in default of issue to be equally divided between the children of Robinson [Robertson? Robert?] Goodwin by his wife Eve.
Item I give unto my son in law David Abernathy and Christinia his wife one negro girl named Frankee.
Item I give unto my son in law Robinson Goodin [Goodwin] and Eve his wife two negro girls named Liby and Charity for and during the term of their natural lives. At their decease said negroes with their increase if any to be divided among the children of the said Robinson Goodin by his wife Eve abovesaid.
Item I do give unto John Abernathy and Susannah his wife one negro girl named Amey.
Item I give unto my sons in law Abraham Earhart, John Young, David Abernathy, and John Abernathy eight hundred dollars to be equally divided among them and theirs respectfully which my son Peter Forney owes for the lands bequeathed unto him under the 3rd item to be paid in four annual payments the first to commence in December 1811 or one year after my wife decease if she lives longer than that period each of them to receive their proportion of each installment as it becomes due until the whole is paid.
Item I give unto my son in law Abraham Earhart and son Abraham Forney and sons in law David Abernathy, John Young, Robinson Goodin and John Abernathy five notes I have on my son Peter Forney for my lower place for one thousand, seven hundred and fifteen dollars the first of which becomes due on the 25th of December 1805 and in equal payments until December 1810 each to receive an equal preportion of each note as it becomes due until the whole is paid.
Item I give and bequeath unto my grandson Daniel Forney, son of Peter, and his heirs and assigns forever one lot in the town of Lincolnton in the Northeast square of said town and known in the plan of said town No. 22.
Lastly after my decease I allow my executors to make sale of such part of my property as my wife don't need to support her or carry on the farm and is not herein especially divided out of the proceeds of which my just debts are to be paid and on my wifes decease I allow another sale to be made of the negroes and balance of my estate and the proceeds of those sales together with my just debts and property of every description I may die possessed of and not herein especially given I allow to be divided between my sons Jacob Forney, Peter Forney and sons in law Abraham Earhart, David Abernathy, John Abernathy and John Young.
I do hereby ordain and appoint my sons Jacob Forney and Peter Forney and son in law Abraham Earhart to be the executors of this my Last Will and Testament revoking all former wills by me made.
In witness whereas I have hereunto set my hand and affixed my seal this 24th day of July in the year of our Lord one thousand eight hundred and four.
Jacob Forney (seal)
Signed sealed acknowledge pronounced and published by Jacob Forney Senior to be his Last Will and Testament in the presence of us
J. Graham, Jurat
Thomas Vaughn
Beal W. Bishop (His mark)
Recorded July 1806 The copy of the original which has been duly admitted to record Lincoln County Court and is no on file in my office. Robert Williamson
Transcribed by Elizabeth Ferguson