Mecklenburg County
May 17, 1828
In the name of God, Amen. I,
William Ezell of the County of Mecklenburg and State of Virginia do make
constitute and ordain this instrument my last will and testament hereby revoking
all others in manner and form following (to wit): Imprimis my will and desire is
that after the payment of all my just debts of the remaining part of my estate
be disposed of in following manner:
Item 1. I lend to my beloved wife
Elizabeth Ezell during her life or widowhood the following property (to wit). I
lend to her one half of my dwelling house and all other necessary houses as she
may want with half the garden and as much open land as may be sufficient for her
use or purpose and also the following Negroes (to wit): Simon, old Will, Lucy,
Nancy and Charity, also one feather bed and furniture besides the one she
brought with her, one fine chest and one trunk, one half the sitting chairs and
one half the kitchen furniture, one Grey Horse, two cows and calves and two
younger cattle, sioo? head of sheep and a reasonable quantity of hogs and also a
reasonable quantity corn, wheat and fodder for her support for the year and one
sixth part of tobacco and cotton of the present crop or the crop that may be on
hand at my death.
Item 2. I give and bequeath to my son Benjamin Ezell
the land whereon he now lives lying on the west side of Evans’ creek as low as
the rock ford thence along the path that leads to dick old field to Taylor line
also the following Negroes (to wit): Bob, Stephen and Rosetta to him and his
heirs forever.
Item 3. I give and bequeath to Benjamin Ezell and William
Ezell in trust for the sole benefit of Roberston Ezell and his representatives
the following property (to wit): one Negro man William and Fanny and her present
and future increase for the said Benjamin & William Ezell to use for his benefit
as they may think proper and after his death to be equally divided among all his
children to them and their heirs forever.
Item 4. I give and bequest to
my son William Ezell the land whereon I now live including all the land between
Flat Creek & Evans’ creek lying immediately in the fork of the said creeks also
the following property (to wit): James and Maria and all her present and future
increase, one feather bed and furniture, one writing desk, two cows and calves,
sioo? head of sheep, one fourth part of the stock of hogs, half the sitting
chairs and half the kitchen furniture, the land given to William Ezell in this
clause is subject to the first clause as bounded to my wife, to him and his
heirs forever. But in case of his dying without lawful heirs to be equally
divided among all my children or their lawful representatives.
Item 5. I
give to my Executor interest for the sole use, benefit and support of my
daughter Rebecca Davis during her natural life and after her death to be equally
divided among all her children the following property (to wit): one Negro man
Tom and Negro woman Jemima and all her present and future increase also all the
cattle and hogs now on the plantation where the said Davis now lives to them and
their heirs forever and also all the land west of Evans’ Creek below the land
left to my son Benjamin Ezell in the second clause of this instrument and after
the death of my daughter Rebecca Davis, I give to my son Benjamin Ezell the said
land just named or his lawful representatives.
Item 6. I given Interest
to my Executors for the sole use and benefit of my daughter Elizabeth Walker
during her natural life and after her death to be equally divided among all her
children the following property (to wit): one Negro man Joe and one Negro man
Adam and one Negro woman Matilda and her present and future increase to them and
their heirs forever.
Item 7. It is my will and desire that my Negro man
Sterling be sold and the money arriving from the sale of the said Negro to be
equally divided between Benjamin Ezell, Rebecca Davis and Elizabeth Walker. It
is also my will and desire that my Negro woman Linder be sold but wish that she
may be bought by some of my children that she many remain in the family. It is
my will and desire that all the property that I now possess or may hereafter be
possessed of and is not disposed of in this my will be sold and the money
arising out of such sale be equally divided among my five children above named
or their lawful representatives but it is my will and desire that the part left
to Roberston Ezell, Rebecca Davis and Elizabeth Walker be given in trust to my
executors as heretofore mentioned with full power to dispose of for the sole
benefit of them the said Robertson, Rebecca and Elizabeth as they may see cause
and it is further my will and desire that there be no appraisement on any party
of my property as I consider it as superfluous. And lastly, I do hereby nominate
constitute and appoint my sons Benjamin Ezell and William Ezell executors to
this my last will and testament and trustees for the purpose above mentioned. In
testimony whereof I have hereunto set my hand and affixed my seal this
seventeenth day of May in the year of our Lord one-thousand eight-hundred and
twenty-eight.
William Ezell
Signed and delivered at presence of
William Harwell
Issac Wolson
Wm Bennett
Contributed by Jonathan Taylor 30 Dec 2003
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