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Re: NC Wills: JAMES PHILYAW 1842
Posted by: Alma Roark Johnson Date: August 01, 1999 at 21:29:56
In Reply to: NC Wills: Fillyaw by Aleta Dawson Boetticher of 161

(Received by Alma Johnson 20 Oct 1995)

JAMES PHILYAW
Onslow Co. NC
signed 24 Sep 1842

I, JAMES PHILYAW, of the County of Onslow, and State of North Carolina, being of sound mind and memory but considering the uncertainty of my earthy existence, do make and declare this my last Will and Testament, in manner and form following, that is to say-
That my Executor hereinafter named, shall provide for my body a decent burial, suitable to the wishes of my relatives and friends, and pay all funeral expenses together with my just debts, howsoever and to whomsoever owing, out of the moneys that may first come into his hands, as a part or parcel of my estate.-
Item-I give and devise to my beloved wife LEVINA PHILYAW all the cleared land on the west side of a branch in the plantation (whereon I now live) called the Spring Branch beginning at the mouth of said branch, running to its head, to a fence, then with the fence running near a North East course to the main road, also all the cleared land on the plantation on which I live on the north side of the main road, including priviledge to cut timber from the woodland adjoining the same for the purpose of keeping the said claimed land under fence to repair or make new buildings, firewood or, for and during her natural life, to he.. the said LEVINA PHILYAW, in satisfaction for and in lieu of her dowry and third of and in all my real estate.
Item-I give and devise to my eldest son OWEN PHILYAW all that tract of land whereon he now lives, to have and to hold, to him and his heirs in fee simple forever.
Item-I give and devise to my younger son, JAMES H. PHILYAW, all that tract of land whereon he now lives, except the life estate of my wife devised in a former item of this my Will, to have and to hold to him and his heirs in fee simple forever.
Item-I loan unto my beloved wife LEVINA PHILYAW, my negro woman slave Solly? for and during the time of her natural life. I also give and bequeath unto my beloved wife LEVINA PHILYAW, two cows and calves, her choice of my stock to her and her heirs forever.
Item-I give and bequeath to my beloved daughter NANCY PHILYAW, my negro girl Celia, to her and her heirs absolutely forever.
Item-I give and bequeath to my beloved daughter MINERVA PHILYAW, my negro girl slave named Emily, to her and her heirs absolutely forever.
Item-I give and bequeath to my beloved son JAMES H. PHILYAW, my negro boy slave named Irve? to him and his heirs absolutely forever.
Item-I give and bequeath to my beloved daughter, HESTER WHITE, the sum of fifty dollars to be paid by my executor, within two years from the time of my death, out of any moneys belonging to my estate not otherwise disposed of, to her and her heirs absolutely forever.
Item-I give and bequeath to my beloved daughter, HEPSY? LITTLE, the sum of fifty dollars, to be paid by the executors within two years from the time of my death, out of any moneys belonging to my estate not otherwise disposed of, to her and her heirs absolutely forever.
Item-I give and bequeath to my beloved daughter MINERVA PHILYAW my negro boy slave named Kelly, to her and her heirs absolutely forever.
Item-My will and desire is, that all the residue of my estate (if any) after taking out the devises and legacies above mentioned, shall be sold, and the debts, owing to me all collected: and if there should be any surplus over and above the payment of debts, expenses and legacies, that such surplus shall be paid to my beloved wife to her and at her disposal, absolutely forever.
I do hereby constitute and appoint my trusty friend EMANUEL JARMAN my lawful executor, to all intents and purposes, to execute this my last Will and Testament, recording 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.
In witness whereof I the said JAMES PHILYAW do hereunto set my hand and seal, this 24th day of September Anno Domini 1842.

Signed, sealed, published, and declared by
the said James PHILYAW to be his last Will
and Testament, in presence of us, who, (James H. Philyaw)
at his request, in his presence, and in
the presence of each other, do subscribe
our names as witnesses thereto.
EDWARD WHITE
B. G. KOONCE

State of North Carolina
Onslow County

JAMES H. PHILYAW devisees comes into court and offer for probate a paper writing purporting to be the last will and testament of James Philyaw dec'd. When comes JAMES OWEN PHILYAW and denies that said writing is the last will and testament of said JAMES PHILYAW and caveats the will. Jury charged and find that the said paper writing is the last will and testament of said JAMES PHILYAW and is duly executed according to law. Whereupon the Court ordered said paper writing to be filed and recorded as the last will and testament of James Philyaw dec'd.
CASPER ETHERIDGE


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