Will Book 2
1824 - 1854
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47-50 Knowing the uncertainty of live, and the possibility of my being taken of my death unexpectedly and having done something for a part of my children and nothing for a part and also having made no provision as yet for my wife I have thought proper to make this as a will. In the first place I wish my debts paid and the money that is owing me from the Kerrs for the sale of my land in Fayette I wish put to the payment of my debts and the balance of the money I wish my wife to have. I also give to my wife Jane Hodges during her life one half of the plantation and woodland I now live on bounded (as follows) except two small pieces which I shall hereafter devise to my son Leonard. Beginning at Mr. Morris' white oak corner where his line and the creek nearby buts my land in two thence with Mr. Morrises line to the mouth of the pon branch thence down the creek to Leonard Y. Hodges line thence with his line and down the creek until it comes opposite said beginning which is on the high part of the ridge thence to the beginning. I also give to my wife during her life eleven negroes namely Mourning, Alford, Selley, Tom, Julious, Malindy, Billy, Lucy Jane, Dice, Nelson and old Jane with their future increase. I also give to my wife during her life all the house and kitchen furniture stock of every kind farming utensils and cart and oxen that may be on the farm at my death except what I shall hereafter devise. I also give to my wife during her life one half of all the buildings now on the l and. I give to my son Willis Hodges a negro boy James together with money and other property which I have already given him which I estimate at one thousand dollars. I wish him Willis paid Twenty five dollars which is balance for the last year hire of James and fifty dollars for this present year 1831 as soon as the money can be raised with convenience from the plantation. I also wish James --- hired out for the best price he will fetch and the money given to Willis. I also wish Willis to have one hundred dollars out of my estate more exclusive of this as soon as the money can be conveniently raised from the farm also at the death of my wife it is my wish that my son Willis Hodges have the following negroes, Billy, Melinda and Lucy Jane, and their future increase, it is also my wish that said negroes including James, shall not be sold but hired out for the benefit of Willis by himself, or agent, because it is my wish that if he said Willis dies without an heir or heirs lawfully begotten then and in that case the said negroes above given him shall return to my estate and be equally divided among my living heirs, nevertheless he can enjoy the imediate benefit of them by moving to a slave state and in case he has an heir or heirs as above mentioned then the said property I give to him and his heirs forever. I give to my son Leonard Y. Hodges three negroes, Sally, Harrison and Abigal, also a small field of land on the upper side of his land called the six acre field also a field on the low side of his land between the creek and cliff including the cliff and four acres of Tilable land where his garden now is running a line from his westerly corner to the clif and creek so as to include the above four acres on the top of the cliff good land also I give him one hundred acres of land beginning at the creek and Morris's white oak corner whence my land is nearly cut in too by the creek and Morris' line, thence across in such order as will lay the land into tolerable good form, all which I give to him and his heirs forever, but in case he dies leaving no living child the above property is to return to my surviving heirs and be equally divided among them. I give to my son Francis H. Hodges the other half of the land mentioned in the boundary to my wife and also the other half of the Buildings and at the death of my wife it is my will that he shall heir the part of the land also which I have left to his mother. I also give to my son Francis H. Hodges three negroes Daniel, America and Alexander with their future increase, also the horse which he now claims, also a bed and furniture and cow and calf, but if he dies without leaving any lawful child the property so left him shall return to my estate and be equally divided among my surviving heirs. I give to my daughter Mary Jane Holloway five negroes Suckey, Huldy, Patty, Henry and Harriett and at the death of my wife I wish her to have Deci and Nelson with all their increase also I wish her to have a horse worth eighty dollars or that amount in money as soon as convenient without disturbing the family, but in case she dies without an heir a lawful issue the negroes so given shall revert back to my estate and be divided among my living heirs. I wish it understood that if either of my children die and their children if any so that them and their posterity be extinguished in that case the property so given him or her shall return to my estate and be divided among my living heirs. Since I have wrote the above I have considered that I have not left my son Willis equal to the rest of my children. I therefore give him two hundred dollars more in addition to the one hundred named above. Also at the death of his mother I give him a negro boy Tom in addition to the negroes named above, to be returned and divided as the others in case he dies without an heir. The balance of my land laying back of what I have given to Leonard and bounded by the lines of Gaberal Sullinger and John Morris I wish divided or sold and the monty divided as they may think proper among my three children Willis, Leonard and Mary. The balance of the negroes and stock and house furniture and farming tools that are not already Divided at the death of my wife I wish equally divided among all my children namely Willis, Leonard, Francis and Mary Jane. I leave my son Francis H. Hodges my executor and I do not wish him bound to give personal security in court but wish the property so given him to stand as his security until he shall have discharged the duties of his office. In testimony I have hereunto set my hand and seal this Twenty third day of September one thousand eight hundred and thirty one. Daniel Hodges
Franklin
county court February Term 1833
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