Will of James Douglass, Sr.
Signed 22-Feb-1850
Proved Jan. 1851

Transcribed by Nathan Knight
©2000

      I JAMES DOUGLASS being of sound and disposing mind and memory do make and ordain this my last Will and Testament hereby revoking and making void all former Wills by me at any time made as follows, that is to say.

      ITEM 1st. I give and bequeath unto my Beloved Wife CATHERINE DOUGLASS my Home Tract of land on which I now live, Containing Two hundred and Seventy Four Acres, making the Turnpike road and East boundary with all appurtenances thereto belonging or appertaining, during her natural life. I also give to my Wife so much of my farming tools and stock of every description provision provender etc. as she may wish to keep. I also give her the following negroes Viz - SAM, PHILIP, ABRAM, JACK, WESLEY, YOUNG, WASHINGTON, AGGY, NELLY, DILLY, ABBY, ELIZA, LOUISA, JAMES, ADALINE, ELMORE, and QUINCY. All of the above property is given and bequeathed to her during her natural life and after her death all of the above property except the land is to be divided amongst my legatees as hereby named.

      ITEM 2nd. Whereas I have heretofore advanced my children as they have severally left me and in doing so they have not been altogether advanced equally. That is to say I have advanced to my son ALFRED H. now deceased, the sum of Twenty One hundred dollars in land in addition to which amount, I now give to the heirs of my deceased son ALFRED H. Twenty Two hundred dollars in cash notes amounting in all to Forty Three hundred Dollars.

      ITEM 3rd. I have advanced to my daughter MATILDA G. PARRISH Twenty One hundred dollars in negroes and other property. In addition to said amount, I now give her the use of the following negroes and their increase during her natural life, Viz - MARY, CAROLINE, EDWARD, HOWARD, JOHN, ARTHUR and HENRY, valued at Nineteen hundred and Twenty Five dollars. I also give her Four hundred dollars in money and property after the death of my wife, which is all she will be entitled to receive out of the residue of my Estate. After the death of my daughter MATILDA G. the above property shall go to her Children, CATHERINE WALKER, ADALINE FARMER, MARCUS COOK, and HENRY COOK, to be divided equally between them, and portions that may descend to CATHERINE WALKER and ADELINE FARMER shall not be subject to the debts liabilities or contracts of these said Husbands nor in any wise subject to their management or contracts.

      ITEM 4th. I advanced to my son EDWARD L. heretofore Thirty Eight hundred dollars in land negroes and money in addition to which amount I now give him a negro boy PRESLEY which he has now in possession valued at Five hundred dollars. Amounting in all to Forty Three hundred dollars.

      ITEM 5th. I have advanced to my son ISAAC C. Twenty Six hundred dollars in negroes and money in addition. I now give him the following negroes: MARCELLAS, DELIA, FULTON, WILE, and LUCY valued at Seventeen hundred Seventy Five dollars. Amounting in all to Forty Three hundred Seventy Five dollars.

      ITEM 6th. I have advanced to my son JAMES S. Twenty One hundred Fifty dollars in land and negroes. I now give him one Town Lot and the following negroes: MILLY, ISAAC, BENNET, TOM, and FRANCES, valued at Twenty One hundred and Fifty dollars. Amounting in all to Forty Three hundred dollars.

      ITEM 7th. I have advanced to my son HARRY C. heretofore Thirty Two hundred Eleven dollars in land money and negroes. I now give him a negro boy ALFRED, valued at Five hundred dollars and cash notes amounting to Five hundred and Eighty Nine dollars. In all amounting to Forty Three hundred dollars.

      ITEM 8th. I have heretofore advanced to my son YOUNG N. Twenty Four hundred and Twenty One dollars in negroes and money. I now give him the following land (Viz) the WILLIAMS tract, making meanderings of the creek and Western boundary from JOHN GRAY's North boundary near the Camp Ground up to the fork, also the Dement Track making the Turnpike road the Western boundary from the fork of the creek up to BRESSEL's line, also One Hundred and Fifty Acre track at the foot of the Ridge, also the SANDERS track on the top of the Ridge, reference being had to said Lands show boundaries in full. Said Track valued at Five Thousand and Ten dollars. He, the said YOUNG N. having executed his notes for the over plus to the other heirs.

      ITEM 9th. I have advanced to my son ROBERT G. deceased, Twenty Six hundred dollars in land and money. I now give to his children, notes to the amount of Seventeen hundred dollars. But I hold a note against him amounting in principal and interest, to Six hundred and Thirty One dollars up to January 1st, 1850. Which note or amount is to be taken out of the portion that may be coming to them from my Estate.

      ITEM 10th. I have given to my son WILLIAM C. Twenty hundred and Sixty dollars in negroes and money. I now give him the following negroes: GREEN, WEBB, REBECCA, and HARRY, also his note for Five hundred and Sixty dollars. Amounting in all to Forty Four hundred and Twenty dollars. He having given his note to the other heirs for the over plus.

      ITEM 11th. I have given to my son THOMAS C. Seventeen hundred and Forty dollars in money and negroes and give him my Home Tract of land, containing Two hundred and Seventy Four acres at the death of my beloved Wife. Also a Grant of land of Eighty Acres, also one Grant for Eleven acres, also one Track of Twelve Acres, also one other Tract for Twenty Four Acres, all lying north of the Home Tract. Reference being had to the deeds and grants will show the boundaries in full. Said land Valued at Thirty Nine hundred and Fifty dollars. He having given his notes to the other heirs for the over plus.

      ITEM 12th. I have given unto my daughter LOUISA F. ALLEN deceased, Thirty hundred and Seventy Five dollars in negroes, Town Lot and money. I now give to the heirs of my said daughter LOUISA F., the following negroes: ELLEN, ROBERT, SARAH, and JO, valued

at Nine hundred and Fifty dollars. Amounting in all to Forty One hundred and Seventy Five dollars. - Now it is my will and desire that the above property given to the heirs of my deceased daughter LOUISA F. shall be vested in my son ISAAC C. DOUGLASS as Trustee, who shall hold the same in Trust for the use and benefit of the Children of my said daughter LOUISA F. deceased, free from the debts, liabilities or contracts of her said husband.

      ITEM 13th. My will and desire that the boy PRESLEY given to my son EDWARD L. and the property that may hereafter fall to him by my Will, shall be vested in my executors in Trust to secure my son ISAAC C. and YOUNG N. DOUGLASS, for all their liabilities to secure them for what they have paid or may hereafter pay for the said EDWARD L. Now if the said EDWARD L. shall pay or release the said ISAAC C. and YOUNG N., then the property given above shall go to the said EDWARD L.

      ITEM 14th. My grandson ALEXANDER A. DOUGLASS having died in the South, leaving a debt of some Three hundred Fifty or Sixty dollars due to Physicians and Funeral expenses, which debt has been paid by my grandson Doctor JAMES S. DOUGLASS deceased, who holds a receipt for the full amount of the above debt. Now it is my will

and desire that the above amount be paid out of the portion which may be coming out of my Estate to the heirs of my son ALFRED H. deceased.

      ITEM 15th. It is my will and desire that those of my heirs who have received more than Twenty One hundred dollars shall pay their percent Interest for all they may have received above that amount from the time it came into their hands up to this date.

      ITEM 16th. It is my will and desire after the death of my beloved Wife CATHERINE, the portion of my Estate coming to the heirs of my deceased daughter LOUISA F. be placed in the hands of the said ISAAC C. DOUGLASS Trustee for the benefit of said Children.

      ITEM 17th. I give to the heirs of my son ALFRED H. deceased, after the death of my Wife, Four hundred dollars to be divided equally among them, which I suppose will be something like their portion coming out of the ballance of my Estate.

      ITEM 18th. It is my will and desire that my Executor cause to be erected a neat and substantial stone or brick wall around the family graveyard.

      ITEM 19th. My will and desire is that the ballance of my property after the death of my beloved Wife, be equally divided between my heirs except my daughter MATILDA G. PARRISH and the heirs of my son ALFRED H. deceased, whom I have given all they will be entitled to receive in items third and seventeen of this Will, and also the portion that would fall to my son EDWARD L., I give in trust to ISAAC C. and YOUNG N. as mentioned in Item thirteen.

      Jointly I hereby nominate and appoint my son ISAAC C. DOUGLASS and JAMES S. DOUGLASS, YOUNG N. DOUGLASS and THOMAS C. DOUGLASS Executors to this my last Will and Testament, and desire that they be permitted to qualify and execute this my last Will without being required to give Bond and Security. In testimony of all which I have hereunto set my hand and seal this 22nd day of February, Eighteen Hundred and Fifty. Signed Sealed and Published in our presence and to which we subscribe our names as Witnesses in the presence of each other on the day and date above.

            JAMES DOUGLASS Senior (seal)

ISAAC BAKER

ANDREW J. ELLER

JOHN B. BAKER

CODICIL

I JAMES DOUGLASS Senior, having heretofore made and published my last Will and Testament, do Make and Publish this as a Codicil thereto, to-wit, Whereas in Item Twelve of my Will I have given to the heirs of my daughter LOUISA F. ALLEN deceased, the following negroes (Viz) ELLEN, BOB, SARAH and JOE, valued at Five hundred and Fifty dollars and my son ISAAC C. DOUGLASS being appointed their Trustee and he having since deceased. Now it is my will and desire to change said Item and that the negroes above (Viz) ELLEN, BOB, SARAH and JOE, be given to my son THOMAS C. DOUGLASS. He securing to the heirs of my daughter LOUISA F. ALLEN, good cash notes due and bearing interest from this date to the amount of One Thousand and Fifty dollars, which notes are to be vested in my son Y. N. DOUGLASS Trustee, for the use and benefit of the heirs of my daughter LOUISA F. ALLEN deceased.

Lastly, it is my desire that this Codicil be attached to and constitute a part of my Will to all intents and purposes.

This 24th day of January 1851.
            JAMES DOUGLASS (seal)

G. B. WILLIAMS

HARRY ODOM



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