Cabarrus County North Carolina Genealogy
Will of
William Wallace Spears
Below is Will of my GGG Grandfather
William Wallace Spears, b. 24 Sep 1769, d. 18 Nov 1843, m.
Elizabeth Gilmore (Gilmer) 28 Aug 1799.
Contributed by: JudySpears
Register of Deeds Office for Cabarrus Co, NC, Will Book l, pages 31, 32, 33 William W. SPEARS Will, dated 19
Mar 1842. The last will and Testament of William W. Spears
was produced in Open Court and offer for probate and the
execution thereof was duly proven by the oath of R. Kirkpatrick
and Leonidas C. Kirkpatrick, the subscribing witnesses thereto
and a codicle to the said will was produced in Court and offered
to probate and the execution thereof was proven by R. Kirkpatrick,
one of the subscribing witness and the Executor therein named to
wit Columbus W. Spears and Wade hampton Spears qualified and
obtained letters Testamentary whereupon the will and codicil was
ordered to be recorded and registered which lat will and
testament and codicil as in the following words and figures, to
Wit:
I, William Wallace spears of the County of Cabarrus and state of
North Carolina, being of sound mind and memory but considering the uncertainty of my earthly existance do make and declare this my
last will and testament in manner and form following:
That is to say first that my Executor hereinafter named shall
provide for my body a decent burial suitable to the wishes ofmy
relatives and friends and pay all my funeral expenses together
with my debts howsoever and whomsoever owing out of the monies
that may first come into their hands as a part or parcel of my
estate.
Item: I give and devise to my beloved wife, Elizabeth, that
she receive a good and comfortable support and maintenance off
the land whereon I now live together with the full use of my
dwelling house and the necessary outhouses attached to the said
mansion.
Item: I give and devise to my said wife Elizabeth all my
household and kitchen furniture or so much thereof as she may
think necessary for her comfort and convenience. I also give
and devise to my said wife Elizabeth one Negro woman named
Harriet to be sole use and disposal and also one horse beast, her
choice of my stock, and two head of milk cows, her choice, said
stock to be fed to or fed and supported of the land.
Item: I give and devise to my beloved son Columbus W.
Spears a piece of land on both sides of Caldwell Creek beginning
at a turkey oak, his own corner, on the west side of the creek,
thence an easterly direction coursing a creek up a hollow until
it strikes his own line, containing five or six acres and he is
to keep my division fence between said land and myother land up
and in good repair.
Item: I give and deevise to my beloved son Wade hampton
Spears the plantation whereon I now live with the exception of
part of my meadow hereinafter described containing two hundred
forty acres of thereabouts upon his the said W. Hampton Spears
paying my son Sidney W. Spears $500 at such period as will be to
him convenient by the payment of interest from the time he gets
possession of the same and I will and devise that my son W.
Hampton Spears support and maintain my beloved wife Elizabeth off
the said land in the manner that becomes her dignity and comfort
during her natural life.
Item: I give and devise to my well beloved son, Harvey
Spears that piece or parcel of land known as the McGinnis place
whereon he now lives containing one hundred twenty-nine acres
together with that part of my meadow land lying west of the road
leading to Nathan Phillips.
Item: I will and devise to my well beloved son, W. H. Spears
my Negro boy, Elias.
Item: I will and devise to my well beloved son, Sidney W.
Spears my negro boy named Jefferson together with $275 in money
and my silver watch.
Item: I give and devise to my well beloved Mary Davis and
the heirs of her body one negro girl named Anna.
Item: I give and devise to my beloved daughter Margaret
Davis and the heirs of her body one negro girl named Jane.
Item: I give and devise to my beloved son Harvey Spears one
negro boy named Moses.
Item: I will and devise that my undivided property be solt at my
decease and after payment of my just debts and foregoing legacies
that the same be equally divided between my beloved wife
Elizabeth and my seven living children and the children of my
deceased son, James G. Spears having a ninth part of the same and
I do hereby constitute and appoint by beloved sons Columbus W.
Spears and Wade Hampton Spears by lawful Executors 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
every clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In
witness whereov, I the said William Wallace Spears do hereunto set
my had and seal this 19th day of March 1842.
Signed sealed and published and declared by the said William
Wallace Spears in the presence of us who at his request and in
his presence and in the presence of each other do subject our
names as witnesses.
R. Kirkpatrick
Leonidas C. Kirkpatrick
William Wallace Spears
(seal)
Codicil added 22 Apr 1843: Whereas I, William W. Spears,
have made my last will and testament in writing bearing out the
19th day of March 1842 and having thereby made sundry devises and
bequests according to the then existing circumstances of my
estate, but which circumstances have now materially changed, I do
by this writing which I do hereby declase to be a codicil to my
said will to be taken and construed as a part thereof will and
direct that the clause of my last will which requered my son Wade
H. Spears to pay to my son Sidney W. Spears $400 out of the price
of my land to be revoked and so attend as to give my son Sidney W.
Spears that part of my plantation which I have surveyed off to my
son Harvey by Nat G. Phillips adjoining the lands of Samuel
Morrison, Nathan Phillips and others with the exception of ten
acres to be run off the part of the said Sidney's land which
joined my son, Harvey's land as near in a square form as can be
run to be attached to my son, Hampton's part, and I furter devise
that the clause of my former last will which devise to my son
Harvey Spears a part of my meadow be revoked and that the said
medow be equally divided among my three sons, Hampton, Sidney and
Harvey. I further devise that my son, Sidney, have his
choice of one of my horses. I further devise that the
clause of my will
which relates to my undevised property be removed and that my
undivided property be sold and equally divided between my
children and the children of my son William N. Spears to share a
child's part.
In testimony were of, I hereunto set my hand and seal this 22nd
day of April
1843.
Signed sealed published and declared by the said W.W. Spers to be
a codicil or part of his last will and testament in presence of
us who at his request and in his presence and in the presence of
each other do subscribe our names as witnesses thereto.
R. Kirkpatrick
Arch. ?
William W. Spears
(seal)
Will probate 1844
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