Last Will and Testament - Capt. Peter Summers
Dated 1825
Transcribed by Myrtle Bruton Fitzgerald, 
provided by Paul Foust Fitzgerald, Sr.
State of North Carolina
Guilford County
I, Peter Summers, of the County of Guilford, and the State of North
 Carolina, do make an publish this my last Will and Testament, hereby
 revoking all other Wills by me made:

1st: I give unto my son Jacob Summers, and his heirs forever, all that
 tract of land, with its appurtenances, whereon he now lives, including
 the mill and mill-seat on Haw River, and the island adjoining the mill
 dam. I also give him another tract lying on the county of Orange, which
 was conveyed to Anthony Coble and myself jointly, from Israel Holt, and
 afterwards from the said Coble to me, containing on hundred and
 seventy-five acres, in addition to which, I have heretofore given him on
 hundred and twenty five dollars in cash, making in all, three thousand,
 one hundred dollars.  I now give unto my said son Jacob Summers two
 thousand dollars more.

2nd: To my son Ludwick Summers, and his heirs forever, I give the mill
 and tract of land on Reedy Fork, and on which he now lives, containing
 about one hundred and ninety-four acres, the same being made up of three
 different tracts,(to wit): One which I purchased of John Brown, another
 of Lewis Morgan and the third of Shadrack Allen. I also give him another
 tract, which I bought of Benjamin Allen, together with one hundred
 dollars, heretofore given him by me in cash, I estimate at three
 thousand one hundred dollars; I now give to my son Ludwick Summers two
 thousand dollars more. I own one thousand and ten acres of land in the
 western district of Tennessee, which I purchased of A. D. Murphy, all of
 which land I give unto my son Ludwick Summers, in consequence of
 services rendered by him in attending to, and the management of my
 estate heretofore, and other businesses. And whereas the said land is
 involved in a suit of laws, and the title litigated, now, if the said
 land shall be finally lost, it is my Will, and I hereby direct that all
 the cost which shall accrue and attend the same, shall be paid out of my
 estate.


3rd: To my son Peter Summers, I give the tract of land whereon I now
 live, with all the buildings and appurtenances thereunto belonging, it
 being the tract I got of my father, together with all my other lands
 adjoing the same, and which lay in the County of Guilford, being a tract
 I purchased of Valentime Summers. I also give him the tract I purchased
 of George Christman, a part of which lies in Orange, and part in
 Guilford. I likewise give him the tract of land I purchased of Crowder,
 with the exception on onehundred acres thereof, which I reserve for my
 son Joshua. The line dividing it commencing a stone, and running thence
 North 25 chains to where it crosses the north bounding line, running
 thereunto a _____[not readable]___ in the tract which I purchased of
 Anthony Coble____[not readable]___ all of which said Coble land lying
 west of the above mentioned line , I also give him, it being about
 seventy acres. These lands, together with three hundred dollars which I
 have heretofore given him, I estimate at three thousand six hundred and
 eighty dollars. I now give to my son Peter Summers, fourteen hundred
 dollars more.

4th: I have heretofore given to my son Abel Summers, three thousand one
 hundred dollars, which is equal to the portion heretofore given to my
 other children. I have also given to him one Still. I now give to my
 sons, Jacob and Ludwick Summers, and their heirs and assigns, the tract
 of land that I purchased of James Lucuz [sic Lucas or Lewis] on the
 waters of Reedy Fork, containing about___[not readable]___acres, to have
 and to hold the said land to them___[not readable]___the said Jacob and
 Ludwick Summers, their heirs and assigns in trust __[notreadable]___
 nevertheless, for the sole and exclusive use of my son Abel Summers'
 children. That when they shall become of age, at the age of twenty-one,
 it is my Will and desire that said tract of landshall be sold, or
 equally divided betwixt the children of the said Abel Summers, as the
 said Jacob and Ludwick Summers Trustees may be advised, or think to be
 the most advantage to the said children. Nevertheless, if, and upon
 condition, the said Abel Summers would entirely forsake and abandon all
 the habits of intemperance and dissipation, and should practice and live
 a regular, temperate, and economical life, that then, the trustees shall
 permit and suffer the said Abel Summers to use and enjoy the said land,
 and from the use thereof to provide a support and living for himself and
 family. Though, the said trustees, Jacob and Ludwick Summers shall, and
 may, at any time resume the management and control of the said land, and
 deprive the said Abel Summers of the use and management thereof, whenever
 the trustees shall be of the opinion that the circumstances and
 condition of the said Abel Summers shall require it. And out of the
 proceeds, the said trustees shall receive reasonable compensation as
 trustees. And, in case either the said trustees should not act, then it
 is my Will and desire that the one acting, shall receive all the
 compensation. I estimate the above land and Still at fifteen hundred
 dollars.

5th: I give unto my son Joshua Summers all the tract of land, that I
 bought of Anthony Coble, with the exception of about seventy acres,
 which I have given to my son Peter Summers, it being two hundred thirty
 eight acres, also one hundred acres of the Crowder tract, which I have
 mentioned and reserved. Which together with seven hundred dollars,
 heretofore given him in money, Stock, etc, make in all, two thousand
 three hundred and ninety dollars. I give to my son Joshua Summers, one
 negro boy, by the name of Ned, which I value at two hundred dollars,
 making the above amount, two thousand five hundred and ninety dollars.
 I now give to my son Joshua Summers, eighteen hundred dollars more.

6th: As to my daughter Barbara, I have advanced her in life with eleven
 hundred and fifty dollars in money, and also in Stock, and other things
 necessary for keeping house, and likewise two negroes, amounting in all
 to twenty-two hundred and fifty dollars, making her equal to the rest
 of my children. I now give her, in addition to what she has already
 received, all the money, or Legacy, given to me by Anthony Coble, of
 Rock Castle County, Kentucky in his last Will and Testament, And I do
 hereby authorize and empower my said Executors of Mr. Coble, to give
 receipts for, and hold the same to her own use. I give to my daughter
 Barbara, one thousand dollars, to be paid to her in such sums as my
 Executors may think her necessities shall require.
 
7th: As to my daughter Rosa, wife of Jacob Clapp, I give to my son
 Ludwick Summers, his heirs and assigns, one negro girl, named Nancy, and
 the tract of land conveyed to me by the said Jacob Clapp, and which is
 adjoining the mill tract on the Reedy Fork, excepting what I have sold
 thereof to my son Ludwick Summers, and containing about one hundred
 acres, to have and to hold the said land, and negro girl, Nancy, to
 train. The said Ludwick Summers, his heirs and assigns in trust ___[not
 readable]___. Nevertheless, for the sole and exclusive use of my said
 daughter, Rosa, during her natural life, and for her children that shall
 be living at the time of her death, and under the age of twenty-one
 years. And it is my Will and desire that all the issue, profits, and
 proceeds arising from the said land, and negro girl, shall be
 appropriated to the sole use and benefit of my daughter Rosa, and to her
 children, which shall be minors, and under the age of twenty-one years.
 And after the death of my daughter Rosa, and all of her children shall
 have arrived at the age of twenty-one years, I then give the said land
 and negro girl to her children to have and to hold the same, to them and
 their own proper use. The land and negro, aforesaid, I estimate to be
 worth thirteen hundred dollars, which together with other monies, Stock,
 etc, that I have heretofore given to her and her husband Jacob Clapp,
 makes the sum to twenty-three hundred dollars, my son-in-law, Jacob
 Clapp, having become largely indepted to me for monies borrowed, and
 which I loaned him at various times. And to secure the payment thereof,
 he, on the 26th of May, 1821, conveyed to Ludwick Summers, in trust, the
 tract of land whereon he now lives, containing three hundred acres,
 lying on the waters of Irish Creek, in the County of Guilford. Now, if
 the said Jaob Clapp, shall at any time during his life, pay the debts
 and monies due me, with the interest, and shall fully discharge the
 trust, and all the purposes therein mentioned, I then direct the
 trustee, Ludwick Summers,and it is my Will and desire, that the recovery
 to the said Clapp, all the said land, and all of the said money arising
 therefrom, (i.e.), from the payment of debts, as aforesaid and the
 discharge of the trust. And I do hereby give unto the said Ludwick
 Summers, his heirs nd assigns, in trust, for the sole use and benefit of
 my daughter Rosa, to be paid to her in such quanities and manner, and at
 such times as he, the said Ludwick, shall think that the situation and
 necessities of herself and family may require, and that all, or so much
 then of itas shall be remaining, and unexpended of the use and
 management thereof, whenever he shall think fit___[unreadable]___ and be
 of the opinion, that the circumstances and condition of my said daughter
 Rosa and her family shall require it. And it is also my Will that at the
 death of my said daughter Rosa, and my son-in-law Jacob, that the said
 lands be equally divided betwixt her children, or their legal
 representatives, and that the representatives of each shall be entitled
 to the share, or shares, of their respective parents. I now give to my
 daughter Rosa, and her children, thirteen hundred dollars, as
 follows,(viz.): One hundred dollars, to be paid to each of her children
 upon their becoming married, or arriving at the age of twenty-one years,
 excepting her son Peter Clapp, to whom I have given heretofore, one
 hundred dollars cash. The residue to remain in the hands of my
 Executors, for the use of my said daughter Rosa. And if either, or any
 of her children should die, be unmarried, and without having arrived to
 the years of twenty-one, then their respective share, or shares, to
 remain in the hands of my Executors, for the use and benefit of my
 daughter Rosa, to be given and applied to her use as they may think
 proper and fit and her necessities may require. It is my Will and
 desire, that my son Ludwick Summers shall be compensated out of the
 money and land left him as trustee for his trouble, or services, in that
 part of my estate.

8th: As to my daughter Peggy, wife of Boston Gerringer, I have heretofore
 advanced her in life, with money, negroes, Stock, etc, for living,
 amounting to three thousand dollars, I now give to my daughter Peggy,
 wife of Boston Gerringer, to their children, fifteen hundred dollars, to
 be divided equally betwixt them.

9th: To my daaughter Lucy, wife of David Clapp, I have heretofore
 advanced her in lif with money, negroes, Stock, and other things
 necessary for living, which together with the Legacy she has received
 from her Grandfather Whitsett, I estimate at two thousand four hundred
 dollars, I now give unto her during her natural life the use of fifteen
 hundred dollars, and at her death, to her children. And if she dies
 without having any children living, being an heir of her body, I then
 give the said fifteen hundred dollars to all of my children to be
 equally divided among them.

10th: I leave in the hands of my Executors , fifty dollars to be paid
 out from time to time for the purpose of keeping in decent repair, the
 graves of my family. I also leave a sufficient amount in the hands of my
 Executors, for the purpose of creating a Tomb over myself, as a memorial
 to my children.

11th: As to the residue of my estate of every description whatever,
 whether personal, or real, I desire to be sold at public aution at such
 time and timesand upon such credits as my Executors shall be advised,
 and they shall think proper and fit, they being hereby vested with
 entire descretion in the management of this part of my estate. And it is
 my Will and desire, and my Executors are hereby empowered to bid for and
 become the purchaser of any property belonging to, and being a part of
 my eatate, which shall be sold at public auction, as aforementioned and
 directed. And all monies and proceeds arising from the sale and auctions
 of my property and goods, as aforesaid, as well as other monies or
 property of any description whatsoever, and not otherwise disposed of, I
 desire to be equally divided among my children, excepting my son Abel
 Summers. And I do hereby give the same as follows (viz): I give one
 equal share to each of my sons, Jacob, Ludwick, Peter, and Joshua. To my
 son Abel, I give five hundred dollars in cash, and no more of my estate.

(signed)
Captain Peter Summers

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