Cabarrus County North Carolina Genealogy
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.
Leonidas C. Kirkpatrick William Wallace Spears
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
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.
Arch. ? William W. Spears
Will probate 1844
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