Wilkes Co., NC Will Book #4 Page 321 James Martin's Will State of North Carolina | Wilkes County | I James Martin being of perfect mind and memory and calling unto mind the mortality of my body and Knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament, that is to say first of all I recommend my Soul unto the hands of allmighty God that gave it and my body to be buried in decent Christian Burial and as touching such worldly Estate which it has pleased God to bless me in this life I give and dispose of the same in the following manner. 1st I desire that all my just debts should be paid out of my money and property 2nd I give to my beloved Wife Elvira Martin all the lands I bought of Stephen Shepherd and the Lunsford family it being the land whereon I now live and all my stock of every kind household and kitchen furniture, farming utensils and all my books not otherwise hereafter disposed of, to be hers during her life and at her death the said lands & Books to belong to my Son Harrison Martin, the other property she may ??? possessed off to be equaly divided amongst all my children. 3rd I give and bequeath to my Son John B. Martin the negroes I have put in his possession called Ceasar, Mariah, Wilson Eliza and other such property I put in his possession. 4th I give to my daughter Emeline Shufford the negroes I have put in her possession called Henry, Mary ?????? and the five- hundred Dollars I let her have to buy an other and such other property as I have put in the possession of her and her hus band Elkanah Shufford. 5th I give to my daughter Diana A. Hunt and her husband James C. Hunt the negroes I have put in their possession called Allen Nancy, Ell??? and Suckey and such other property as I have put in their possession. 6th I give to my Son Benjamin Oliver Hazzard Perry Martin the land I bought of my brother John Martin together with a small addition all of which I have made a deed for and other such property as I have put in his possession. 7th I give to my daughter Elvira Matilda Martin the following negroes Bety, Nelson, Wilson & Joe and other small property to equal to what my above named children had towards fixing them for house keeping. 8th I give to my Son Felix B. Martin the tract of land called the Redding Tract, The Wallace Tract and the tract on the Brushy mountain I bought of William B Lawyer and the Entry I made adjoining the Same and Sixteen hundred Dollars to be raised out of my money and property and to have such other property as I have put in his possession and to have such other furniture as will be equal to page 2 ??????????????????? 9th I give to my daughter Mary Ann Martin the following negroes called Jane, Amy, Charles & Columbus and other small property such as my other children had when they left me and went to house Keeping. 10th I give to my Son Leland Martin the Ballance of my Fathers Tract of land not given to my Son Benjamin and to have such other small property as my other childrren had. 11th I give to my Sons Rufus Martin and James Oscar Martin the tract of land I bought of the Parks family, William Kirby and John Bryan Esq. it being my upper plantation and the back lands adjoining thereof which I aquired by Entry to be equally divided between them and for them to have such other small property as my other childrren had. 12th I give to my Son Augustus Harrison Martin in addition what I have above given him my negroboy Larkin and if he should die before Augustus come of lawful age then for it to be made up to him. 13. I also give to my Wife Elvira during her life the following negroes Cate, Sophia, Sam, Lewis, Aaron, George, Jensey and Sarah to enable her to raise the Children and at her death said negroes with their increase to be equally divided amongst all my Children after making up such losses as is herein provided for and further my Wife is to have the use of the property willed to my children until they arrive at the age of twenty one or marry and leave her and if any of the negroes I have willed to Elvira or Mary Ann should die before they have come into the possession of them then for my wife to give them other negroes equal to the one that should die and for its worth or worth of them if more then one should die to be paid Elvira or Mary Ann in Money to be raised out of my Estate The term used for raising money for my Children out of my property and estate is intended to include what money I may die possessed of as well as other things and if there should not be property & money enough to raise it without leaving too little for the Support of my wife and Children and schooling them, then my other children must pay back in equal proportions so as to make them equal 14th I do hereby constitute and appoint my wife Exequtrix and my Sons John B. Martin and Benjamin O. H. P. Martin my Executors to this my last will and Testament in withness whereof Those hereunto set my hand and Seal This 23rd day of Jan 1840. James Martin (Seal) 2nd Account of A ?????? Estate April 24 1846 Cash received from ??? | ???????? of ??????? | $23000 N Carolina | ? Martin ??????? Wilkes County | May Term 1846 The foregoing ????????????????????????????????? ?????? Test W Mastin Clk