Will of William TOONE

Will Book 4, p. 220, Toone, William will

In the name of God Amen. I William Toone of the County of Mecklenburg being indisposed in body but of sound mind and memory do make constitute and ordain this my last will and testament hereby revoking all other wills by me heretofore made. Imprimis. I give and devise to my beloved wife during her natural life all my estate both real and personal and after her death my will and desire is that my land be sold by my executors hereafter named as such of them as shall survive my wife, from a Credit of twelve months and the money owing from the sale together with all my estate both real and personal be equally divided between the whole of my children and their heirs forever, or, should any of my children die in the lifetime of my wife leaving children I then devise to such child or children the proportion to which their deceased parent would have been entitled had they been living to them and their heirs forever. My will and desire also is that my negro fellow named Jack if he should not receive his freedom be sold to the highest bidder for cash and the money owing from the sale I hereby direct my executors to purchase another negro with, which said negroe I give to my wife for life and then to my children and their representatives as in the preceding clause my will and desire further is that if any accident should happen by which my tobacco may not be sufficient to discharge my debts that my executors sell my bay horse to the highest bidder for cash and apply as much of the money as may [be] required to the discharge of my debts as [probably meant to cross ‘as' out] if my executors should think they can benefit my estate by selling the same horse and purchasing another for the use of my estate. It is my will they should do so. If my negro Jack should receive his freedom my will and desire is that the money which may be received of the executors of James deceased? of whom I purchased him should be applied to the purchase of another negro by my executors, which said negro I devise to my wife for life and then to my children as before mentioned. My will and desire is further that if any of my children should die without heirs after marriage that their wife [William had only male children when he wrote his will] have half the estate hereby devised to them during her life the other half I direct to be equally divided between my other children or their representatives and also the half divided during the life of the wife after her death. Lastly I constitute and appoint my friends Isaac Pulley and James Pulley Executors of this, my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this ninth day of March in the year of our Lord 1800.

Signed sealed published and declared to be
William Toone
his mark

The last will of William Toone in presence of

Samuel Farrar
Rd. Cocke
Jackson Cra? his mark

At a court held for Mecklenburg County the 9th day of June 1800

This will was proved by the oath of Samuel Farrar a witness thereto and at a court held for the same county the 14th day of July following. The said will was further proved by the oath of Richard Cocke another witness thereto and ordered to be recorded and Isaac Pulley one of the executors therein named personally appeared in court and refused the executorship thereof, whereupon on the motion of James Pulley the other executor therein named who made oath thereto and together with Isaac Pulley, his security entered into and acknowledged their bond in the penalty of five thousand dollars conditioned as the law directs. Certificate was granted him for obtaining a probat(e) thereof in due form.

Teste
William Baskervill

Submitted by Kathy Turner December 30, 2010