I William Colly of the County of Cumberland being of a sound and disposing mind and memory, do make this my last will and testament in manner and form following.
Item the First. My will and desire is that my Executor herein after named, proceed to pay off all my just debts as soon as practicable.
Item The Second. I lend to my daughter Elizabeth Durham two negroes Frank and Betty and the increase of the female slave with an eaqual part of the rest of my personal estate to be divided after my death which property I lend to my said daughter during her natural life, and at her death to be equally divided between the heirs of her body.
Item the Third. I give to my daughter Diannah Palmore two negroes, Stephen and Polly and the future increase of the said female slave together with an equal part of the personal property belonging to my Estate after my death and the payment of my debts.
Item the Fourth. I give to my daughter Gilley Blanton a negro man by the name of Henry which she now has in possession and the further sum of five dollars and nothing more of my Estate.
Item the Fifth. I lend to my daughter Julia Pigg two negroes Albert and Emeline and the present and future increase of the female slave Emeline and an eagual part of the rest of my personal estate at my death, all of which I lend to her during her life, and at her death I give the same to the children of my daughter Julia Pigg to be equally divided among them.
Item the Sixth. I give to my son William W. Colley the tract of land on which I now live, and which tract of land I have also deeded to him and the following negroes to wit, Anderson and Matilda with the future and present increase of the female slave Matilda and also an eaqual part of the rest of my estate at my death.
Item the Seventh. I give to my three grand children Wm. S. Colly, Julia A. Colly NS Elijah W. Colly the sum of five dollars each to be paid to them after my death by my Executor and no other part of portion of my estate whatsoever.
And Lastly I appoint my son William W. Colly Executor to this my last will and testament hereby revoking all other wills heretofore made by me. In witness whereof I have hereunto set my hand and seal this the ninth day of March 1833.
In the presents of
Sam’l R. Simpson
William N. Lee
Charles S. Ligon
At a Court held for Cumberland County the 26th day of February 1844.
A writing purporting the Last Will and Testament of William Colley deceased bearing date of the 9th day of March 1833 was this day again produced in Court by William W. Colley the Executor in said will named in order to be proved. And Elijah W. Colley, Joseph H. Jenkins and wife and Lawrence Blanton in his own right and as Guardian for Catherine Ann Colley, appeared and opposed the proof of said will. Whereupon divers witnesses wee sworn and examined, depositions real, and the parties aforesaid by counsel full heard. On consideration whereof it is the opinion of the court, that the said Wm. Colley deceased, at the time of executing the said will aforesaid dated the 9th of March 1833 was of sound and disposing mind and memory, and that he was under no undue influence. And William N. Lee, one of the surviving witnesses to said Will having testified in Court, that the said William Colley signed and published the said will in his presence, and as for his last will and testament, that he subscribed his name as a witness thereto, in the presence of the said testator, and at his request, and that the said testator was of sound sense and memory as far as he knew or believed, and having also testified that he saw Samuel R. Simpson and Charles S. Ligon the other witnesses to said will subscribe their names thereto also in the presence of the said testator, and at his request, and the hand writing of Samuel R. Simpson one of the witnesses to said will, who is now dead proved by Leonard B. Simpson. It was ordered that the said writing be recorded, as the last will and testament of the said William Colley deceased. And Elijah W. Colley, Joseph H. Jenkins and Julia his wife and Lawrence Blanton in his own right and as Guardian for Catharine Ann Colley prayed an appeal to the Circuit Superior Court of Law and Chancery for Cumberland County, and the said Lawrence Blanton, having entered into bond with William Holeman, his security, the appeal was allowed. And at a Circuit Superior Court of Law and Chancery continued and held for Cumberland County, at the Courthouse of said County, on the 30th day of August 1844 came the parties by their attorneys. Whereupon the transcript of the record of the said County Court of Cumberland being seen and inspected, and sundry witnesses examined, it seems to the court here, that there is no error in the order of the said County Court admitting to record the will of the said William Colley, therefore it is ordered that the same be affirmed.
And at a Court held for said County the 23rd day of September 1844. On the motion of William W. Colley Executor in said will named, who made oath thereto, and together with Wm. B.B. Walker and Wm. Phaup? his securities entered into and acknowledged a bond in the penalty of Eight thousand dollars conditioned as the law directs a certificate is granted the said William W. Colley for obtaining a certificate is granted the was William W. Colley for obtaining a probat of said will in due form.
B.B. Woodson, C.
Submitted by: Julie Coley
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