Abernathy Document
Turner Abernathy
24 May 1858, Lincoln Co., NC
WB 3/60 (Raleigh Loose Papers, CR060.801.1, TURNER ABERNATHY) (proven Jan Session 1860)
In the name of God Amen,
I TURNER ABERNATHEY of the County of Lincoln and State of North Carolina, being of sound mind, & memory, but considering the uncertainty of my Earthly Existence; do make and declare this my last will and Testament in manner and form following that is to say,
First - that my Executors (hereinafter named) shall provide for my body a decent Burial Suitable to the wishes of my executors & friends, and pay all funeral Expenses, together with all my debts, howsoever & to whomsoever owing, out of the moneys that my first come into his hands as a part or parcel of my Estate.
Item I give & bequeath to my beloved wife SUSAN all my Estate consisting of one Negro girl named Ann Liberty together with her increase, and all my household & kitchen furniture, and all my stock, horses, cattle, hogs, sheep, or any and all other stock or property that may be on hand at my Death, to have and to hold to her the said SUSAN for and during the term of her natural life.
Item - I give & bequeath to my Eldest Daughter SINEY (wife of Franklin Oats) five dollars to her and her personal representatives forever,
Item - I give and bequeath to my Daughter FANNY EVE (now widow of Richard Crow Decd.) five dollars to her and her personal representatives forever.
Item - I give and bequeath to my two Daughters MARTHA REBECCA, and NANCY WILLIAMS, (now single woman) at the death of my wife SUSAN all the property that I gave to said SUSAN my wife viz one Negro girl named Ann Liberty together with her increase and all stock, horses, cattle, hogs, sheep and all and every other property that may be on hands to be equally divided between them and if they the said MARTHA & NANCY cannot agree in the division thereof, then all the above named property to be sold and the proceeds to be equally divided between them the said MARTHA & NANCY to have & to hold to them and their personal representatives forever.
And Lastly - I do hereby constitute and appoint my trusty friend Daniel A. Harris my lawful Executor to all intents and purposes, to Execute this my last will and Testament according to the true intent and meaning of the same and every part and clause thereof - hereby revoking and declaring utterly void all other wills and Testaments by me heretofore made.
I witness whereof I the said TURNER ABERNATHEY do hereunto set my hand and seal this 24th day of May A. D. 1858.
TURNER (his mark) ABERNATHEY
Signed, sealed, published and declared by the said TURNER ABERNATHEY to be his last will and Testament in the presence of us, who, at his request and in his presence do subscribe our names as witnesses thereto}
Wyatt Garett Jurat
W. B. McCaslin Jurat
North Carolina, Lincoln County} Court of Pleas & Quarter Sessions January Sessions 1860
The Execution of the foregoing Will was duly proven in open court by the oaths of Wyatt Garett & W. B. McCaslin the subscribing witnesses thereto and admitted to Record. Witness W. R. Clark Clk
Transcribed by Elizabeth Ferguson