Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Property

Her brother has the deed, unless he destroyed it.

State of North Carolina, To the Sheriff if Wayne County   } Greeting – You are commanded to summon Wm. Burnett to be and appear before the Judge of Probate of Wayne County at the Court House in Goldsboro on Friday the 17th day of September 1875 at 11 A.M. and testify under oath, upon the hearing of a motion now pending in the Probate Court of said County, made by Mary Lynch Ex parte – And also to bring with him the said Wm Burnett and produce at the time and place aforesaid a certain deed or paper writing executed by the late Wm Smith to the late Himerick Lynch, conveying to the said Lynch a lot of land in the town of Goldsboro, at the Southwestern corner of West Centre and Elm Streets – or conveying to him an interest [illegible] – And that he also bring and produce as aforesaid any paper in his possession relating to said land or the title of the said Lynch thereto. Herein fail not under the penalty prescribed by law.

Witness W.T. Yelverton Judge of Probate for Wayne County the 16th day of September 1845. /s/ W.T. Yelverton Probate Judge

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North Carolina, Wayne County   }

Mary Lynch Ex parte } In the Probate Court

Mary Lynch swears that she is the widow of Himerick Lynch deceased, who died during the year 1865 seized of a lot of land in Goldsboro on the Southwestern Corner of West Center and Elm Streets which had been conveyed to him by Wm. Smith now decesed – that before the death of the said Himerick he had left said deed in the hands of Wm Burnett, who now has the same in possession if it has not been destroyed. Affiant further swears that she has never had dower, or homestead assigned to her out of said land or any other land of the said Himerick Lynch and that she is advised that she is entitled thereto, and has an interest in said land, and that said deed has never been proven and Registered.  Mary X Lynch

Sworn to before me Sept 16th 1875 W.T. Yelverton

Estate Records, Wayne County Records, North Carolina State Archives.

In the 1850 census of North Side of Neuse, Wayne County: Himerick Lench, 32, painter, wife Mary, 32, and Susan Burnet, 10.

He was business first, last and all the time.

State Fair Entries.

The following are some of the entries in the First Department:

THOROUGHBREDS.

Moses Simmons, Cleveland, Gelding “Frank Greyson.”

Plain Dealer, Cleveland OH, 11 September 1863.

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WAS BORN A SLAVE

And Freed by His Master Half a Century Ago.

MOSES SIMMONS’ CAREER.

CAME TO CLEVELAND PENNILESS AND AMASSED A FORTUNE.

SHREWDNESS AND THRIFT

POSSESSED BY HIM, THOUGH HIS EDUCATION WAS LIMITED.

Earned His First Money by Cleaning Horses at Ten Cents a Head – A Member of Several Fraternal Organizations.

For forty-eight years the face of Moses Simmons, who died Saturday, was a familiar one in this city. “Mose,” as he was familiarly known, was a unique character. And well known in the public places of the city, partly on account of his portly figure and partly because of his genial disposition. He had the ability to make money. He was business first, last, and all the time.

Born a slave and held in slavery until twenty-nine years of age, when in a sudden burst of generosity his master freed him, Simmons was compelled to LOOK OUT FOR HIMSELF. So well did he learn the lesson of self-dependency that his fortune at the time of death is estimated at anywhere from $20,000 to $70,000. He was extremely reticent about his business affairs and made a confidant of no one. It is known that he owned valuable real residence property on Laurel street near Scovill avenue and also an interest in several fast horses. He was a lover of horseflesh and always owned one or more high steppers.

“Mose” Simmons was seventy-eight years of age when he died. He was born in Mount Olive, N.C., on the plantation of a man named Richards. His master sustained a reverse of fortune and “Mose” with the rest of the slaves on the place was sold to a trader. He had been a great favorite of his master, and the latter, as soon as he could secure enough money to purchase his former slave again, did so. Mr. Richards brought “Mose” to Philadelphia when the latter was twenty-nine years of age. In that city the spirit of abolition was becoming more and more pronounced and Mr. Richards freed him. Fearing that his master might repent of the generous deed, Moses determined to take advantage of his liberty and secretly left the Quaker City. He came direct to this city. On his arrival he found himself without means and very hungry. For days he wandered about the city and in search of food. He often told his friends of later days of standing near the kitchen of the late “Joe” Richards’ restaurant AND BEGGING FOOD.

He secured work at last in a stable on Academy street cleaning horses at ten cents per head. This was his beginning. By untiring industry and careful frugality he succeeded in making himself comfortable. He was naturally shrewd and possessed with an intelligence which made up in great part for his lack of a school education. He delighted to discuss politics and became a representative of his race in local affairs. He was appointed inspector of catch basins under Mayor Gardner’s administration.

As a horse trader Simmons was known all over the city and his bargains were always reported to work to his own advantage. He engaged in the saloon business on Michigan street for a time but abandoned it, as he found it contrary to his inclinations. For many years he was proprietor of the barber shop under the Striebinger House and also of one on Ontario street. Fortune smiled on him and he became a money lender for the colored people of the city. He also was known as a professional bondsman. At the time of his death he lived alone at No. 423 Erie street, where he had a small barber shop and also conducted a coal business. Although twice married, he was destitute of near relatives. For the last eleven years of his life he referred to live alone, becoming almost a recluse, raking interest only in his business affairs. His only deviation from this rule was to attend to the meetings of several lodges of which he was a member. He belonged to the colored Odd Fellows, Masons, and Knights of Pythias. In the colored Masonic fraternity he had taken thirty-two degrees. He belonged to the rank of the colored Knights of Pythias.

His last sickness was a few weeks’ duration, but it was only a week ago that he was unable to leave his bed. He shared his bachelor home with a young man, Fred Dixon by name, whose father had been Simmons’ intimate associate. It was in Dixon’s arms that he died. Mrs. Eliza Bryant, of no. 23 Newton street, and Miss Effie Simmons, of No. 16 Waller street, are his only known relatives. The funeral will be conducted from the undertaking rooms of Black & Wright Wednesday afternoon under the auspices of the fraternal organizations with which he was intimately connected.

Cleveland Leader, 29 January 1900.

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HACKED WITH A KNIFE.

MOSES SIMMONS’ HORSE ALMOST CUT TO PIECES.

The Owner Was Dying When His Barn Was Entered and the Animal Wounded.

A cowardly brute Saturday night, evidently in a spirit of revenge, went to the barn of the late Moses Simmons, of No. 458 Erie street, and cut and hacked a brood mare in a horrible manner.

Saturday night Moses Simmons died at his home. It was later than usual before any member of the family entered the stable to care for the horses. When Fred Dixon, a young man who lived with Simmons, opened the stable door yesterday morning, he heard one of the horses moaning. He hurried to the stall of the favorite horse, a large gray brood mare. She was lying in a pool of blood and was bleeding from many wounds.

Some time during the night some one entered the barn and with a large knife cut and slashed the horse Her hide and flesh were laid open nearly to the ribs on one side, and there were deep cuts all over her body.

Patrolman Kiel was called and was asked to shoot the animal, as she was suffering intense agony. The mare had been a pet and favorite of Simmons for some year.

No reason for this dastardly deed is known. The police will try to locate the brute who committed the crime.

Cleveland Leader, 29 January 1900.

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Legal Notice.

STATE OF OHIO, CUYAHOGA COUNTY, ss.  } In the Probate Court

Charles Bundy, as Administrator of the estate of Moses Simmons, deceased. } Plaintiff.

vs.

The Society for Savings, Maria Thompson and the Unknown heirs of Henry Simmons, of David Simmons and of Ferrebe Greenfield, respectively, deceased.  } Defendants.

Maria Thompson, who resides at Goldsboro in Wayne county, North Carolina, and the unknown heirs of Henry Simmons, of David Simmons, of George Simmons, and of Ferrebe Greenfield, respectively, deceased, heirs at law of Moses Simmons, deceased, will take notice that Charles Bundy, as administrator of the estate of Moses Simmons, deceased, on the ninth day of March, A.D., 1900, filed his petition in the Probate Court within and for the County of Cuyahoga, and State of Ohio, alleging that the personal estate of said decedent is insufficient to pay his debts and the charges of administering his estate; that he died seized in fee simple of the following described real estate, situate in the City of Cleveland, County of Cuyahoga, and State of Ohio, to-wit: — known as being all of the sub-lots Nos. 104 and 105 in James M. Hoyt’s sub-division of ten-acre lot No. 37 in said city, and together makes a frontage of 30 feet upon the westerly line of Sterling avenue, and extends in rear to Laurel street 148 and 3/12 feet in depth. That the said defendant, the Society of Savings, holds a mortgage lien on said real estate by virtue of a certain mortgage executed to it as mortgagee by the said decedent during his life time, dated November 4, 1894, and recorded in Vol. 959, page 509, of Cuyahoga County records, that the amount recurred by said mortgage is Five Hundred Dollars, as indicated in exhibit “A,” attached to said petition. That the last half of the taxes for 1899 are unpaid and are alien on said real estate. That it would be for the best interests of the estate of the said Moses Simmons to sell said real estate at private sale for the reason that the character and location of said property leads plaintiff to believe that he could sell the same for greater sum at private sale than at public auction.

The prayer of said petition is that the plaintiff may be authorized to see said real estate to pay debts at a private sale, according to the statute in such case made and provided.

The persons first above mentioned will further take notice that they have been made parties defendant to said petition, and that they are required to answer the same on or before the 12th day of May, A.D. 1900.    CHAS. BUNDY, Administrator as aforesaid.

March 9, 1900.     ALEX. H. MARTIN, Attorney.

[Sidenote:  The biography set forth in Moses Simmons’ obituary is peculiar in many particulars. First, his age is given as 78, though his death certificate lists it as 66. (An age within 0-5 years of those reported in census records.) Most startling, however, is the elaborate account of his alleged enslavement until age 29. Richards is an uncommon name in the Mount Olive area, and none appear in the 1840, 1850 or 1860 censuses of Wayne or Duplin County. That Moses was related to the large Simmons free family of color of Wayne County does not guarantee that he, too, was free, but all evidence indicates that in fact he was. He is listed in the 1850 census as an 18 year-old living in the household of Adam Winn in North Division, Duplin County. He was the son of Itey (or Ida) Simmons, who was free at least as early as 1854, when her son David conveyed to her a life estate in the land on which she was living. (Itey named David and Moses Simmons in her 1884 will – noting that she did not know if Moses were living – as well as the Maria Thompson named in Moses’ estate notice.) His kin Polly, Eliza and Buckner Simmons arrived in Cleveland in the early 1850s. Did he come with them? Why the myth of servitude? (And, speaking of myths, what happened to the fortune he was believed to have accumulated?)

P.S. Moses Simmons appears in dozens and dozens of Cleveland newspaper articles between 1863 and his death in 1900, with topics spanning his real estate and business dealings, his political maneuverings, his horses and his legal wrangling. Highlights: in 1877, an announcement for his bailbonding business; the same year, a notice that he was seeking divorce from wife Rettie, who had abandoned him; in 1884, an announcement for the opening of his tonsorial parlor; and in 1892, a report about a fire at his livery stable. – LYH]

From father to sons.

Waddle Cade to George W. Chesnut & Andrew J. Chesnut

This Indenture, made this Sixth day of June in the year of our Lord One thousand eight hundred and thirty six between Waddle Cade of the County of Cumberland and town of Fayetteville in the State of North Carolina of the one part, and George Washington Chesnut and Andrew Jackson Chesnut of the County of Cumberland and State of aforesaid, of the other part: Witnesseth, that the said Waddle Cade for in consideration of the Sum of Twenty dollars to him in hand paid by the said George Washington & Andrew Jackson Chesnut at and before the sealing and delivering of these presents, the receipt whereof he doth hereby acknowledge, hath given, granted and bargained, sold, aliened, remised, released and confirmed, and doth by these presents, give, grant, bargain and sell, alien, remise, release and confirm unto the said George Washington Chesnut and Andrew Jackson Chesnut all that tract or parcel of Land Situate, lying and being in the County of Cumberland and town of Fayetteville. Beginning at a Stone on the Intersection of Morgan & Russell Streets [insert illegible] North Seventy degrees West along the North edge of Russell Street two chains to a Stone Mordica Cohens South East corner, Thence along said Cohens last line North twenty degrees East five chains more or less to a Stake half the distance from Russell to Person Street thence South seventy degrees East along the dividing line of Goodorum Davis’ Say that part of the two acres lot drawn by Thomas Davis Junr. Two chains to a Stone on the West side of Morgan Street half the distance as stated above then South twenty degrees West five chains more or less with said Street to the Beginning containing One acre more or less being the one half of a Lot containing two acres drawn by Thomas D. Burch at the division of Dolphin Davis Estate reference to the Records will more fully appear. – To have and to hold the said land, with appurtenances, to the only proper use, behoof and benefit of the said George Washington Chesnut and Andrew Jackson Chesnnut their heirs and assigns, and every of them shall have hold occupy, possess and enjoy the said land, with its appurtenances, without any let, suit, hindrance, molestation, or eviction from or by the lawful claim or claims of any person or persons whatsoever, to warrant and forever defend. – In Witness whereof, the said Waddle Cade has hereunto set his hand and affixed his seal the day and year first above written. – Waddle Cade {seal}

Sealed & delivered in presence of Archd. N. McLean, Neal Shaw

State of North Carolina, Cumberland County  } Court of Pleas & Quarter Sessions June Term 1836 – then was the Execution of this Deed acknowledged in Open Court by Waddle Cade & Ordered to be Registered. Test Arch’d McLean Jr. Clk.

Deed Book 41, Page 398, Register of Deeds Office, Cumberland County Courthouse, Fayetteville.

Free colored Craven County slaveowners, no. 2.

Mr. Thomas Blackwell, who lived in Vance County, N. C, owned a favorite negro named Tom, who was a fine blacksmith. He was allowed to hire his own time and was finally permitted to buy his freedom at a price far below his worth; he was a very valuable man. This was about 1820. Tom prospered and bought two or three slaves. William Chavers was a well-educated negro who bought a good deal of land in Vance County, from 1750 to 1780, and he owned a good many slaves; his descendants also for several generations were slaveholders. John Sampson, of Wilmington, was a slaveholder in 1855.

From Calvin D. Wilson, “Negroes Who Owned Slaves,” Popular Science Monthly, vol. LXXXI, (1912).

He owned a shipyard.

Walk west to the Rodman House, located at 520 West Main. This dwelling, constructed in 1848, was once the home of two justices of the North Carolina Supreme Court. Before the house was constructed, a shipyard at the site was opened and operated by Hull Anderson, a free black who later emigrated to Liberia.  Because much of Washington was burned during the Civil War, the Rodman House is one of the few surviving antebellum structures in the town’s historic district.

From Daniel W. Barefoot, Touring the Backroads of North Carolina’s Upper Coast (1995).

See also, http://www.wdnweb.com/2013/02/21/pamlico-rivers-past-hull-anderson-black-shipbuilder-in-1800s-washington/

Free colored Craven County slaveowners.

One John Carruthers Stanley, negro, was born in Craven County, N. C, in 1772. His father was a white man and his mother was an African woman purchased from a northern slave trader in the West Indies, where the woman with other negroes had been carried direct from Africa. Captain Stewart was at the time sailing one of John Wright Stanley’s vessels, running between New Bern and the West Indies. In his boyhood the young negro John was apprenticed to a barber, at that time in New Bern, named John Carruthers; J. C. Stanley was generally known as “Barber Jack” toward the end of his life. He married a woman with more negro blood than he possessed, hence she was darker in color than her husband, though he was not light. In the year 1808 his mistress, Mrs. Lydea Stewart, the captain being then dead, had him emancipated by the North Carolina legislature. Then he advanced rapidly in property until he was the owner of sixty-four slaves, and at the same time there were forty-two negroes of both sexes bound to him by law for service. At that time he owned two large plantations a few miles distant from New Bern, one on Trent River called Lion Pasture, one on or near Bachelor’s Creek called Hope; on these his negroes were employed. He resided in New Bern and owned houses there. But finally after so much success, he engaged in speculations and went down hill even faster than he had gone up. In the meantime he had reared sons and daughters and had educated them. Some of these children owned slaves up to the civil war, and they held them rigidly to account. Stanley died some years previous to the war. This family had necesarily to move in a circle of their own; yet now and then the women would be invited to dinner by a few of the best citizens. One of the Stanley boys, John Stewart, taught free school in a small way and occasionally clerked in a store. He held slaves, as did his sisters, who never married, up to the emancipation proclamation.

There was a colored brick mason in New Bern named Doncan Montford, who owned slaves; he was a dark mulatto. One of his slaves, Isaac Rue, was also a mason; he sold him to a lawyer, George S. Altmore. Isaac’s wife was a free woman, a pure-blooded negress. They had children, who under North Carolina laws were free. One of their grandsons, Edward Richardson, was at one time postmaster of New Bern, appointed to the office by a Republican president.

From Calvin D. Wilson, “Negroes Who Owned Slaves,” Popular Science Monthly, vol. LXXXI (1912).

140 acres on the waters of Island Creek.

Zachariah Robinson to Tabitha May

This Indenture made this 21st day of February in the year of our lord 1818, Between Zachariah Robinson of the State of North Carolina & county of Anson of the one part, and Tabitha May of the same county and State of the other part. Witnesseth that the said Zachariah Robinson hath for and in consideration of the sum of twenty four dollars to him in hand paid by the said Tabitha May, before the sealing and delivery of these presents the Receipt whereof is hereby acknowledged, hath bargained sold & conveyed and doth by these presents bargain sell and convey unto the said Tabitha May a certain tract or parcel of land situate lying & being in the State of No Carolina and Anson County on the waters of Island Creek. Bounded as follows Beginning in Hamers line at a small pine one pine pointer and runs with Hamers line So 86 E 25 chains to Hamers second corner there So 15 chains to three pines & two black jacks pointers then East 10 chains to a stake one hickory & two pines pointers then So. 15 chains to a stake, two black jacks & one Spanish pointer then So 30 E. 2 chains and 50 links to a stake and two black jacks pointers then E. 19 chains to a large pine then So 24 chains to a hickory then  East to the Miry Branch then down said  Branch to a white oak in Phillips line then No. 30. W. 44 chains to a large pine one black jack and white oak pointers then No. 32 wt. 15 chains to a black jack one pine and post oak pointers then No. 87 W. 25 chains to a pine then North 5 East 20 chains to the first station with all and singular the appurtenances there unto belonging and I the Zachariah Robinson do for myself and my heairs disannul disclaim and disown any right or title to the said tract land, containing one hundred and forty acres more or less, and will warrant and defend the same unto the s’d Tabitha May against the lawful claim or claims of me and my heirs forever. But no others. In witness whereof I have hereunto set my hand and Seal the day and date above written.    Zach. Robinson {seal}

Signed Sealed and delivered In the presence of Wm. Davis, Benjamin Moorman }

Anson January Term 1819: — Then the within Deed was duly proved in open court by the oath of Benjamin Moorman and ordered to be Registered.   Tod Robinson Clk.

Will Book 5, page 268, Register of Deeds Office, Anson County Courthouse, Wadesboro.

[Sidenote: Island Creek is a waterway between a large island in the Pee Dee River and the shoreline on the Anson County side. It is located south of present-day Interstate I-74 and between the towns of Morven in Anson County and East Rockingham in Richmond County.  — LYH]

Let Pig stay.

At the heart of Wayne County Superior Court proceedings stemming from the suit in J.F. Coley v. Tom Artis (1908) was a dispute over 30 acres of land.  Thomas “Tom Pig” Artis began renting the property in 1881 from W.J. Exum.  In 1892, Exum’s widow Mary sold it to Napoleon “Pole” Hagans.  In 1896, after Napoleon’s death, the land passed to his sons Henry and William S. Hagans, and in 1899 Henry sold his interest to his brother.  In 1908, William S. Hagans sold the 30 acres to J.F. Coley.  Coley filed suit when Tom Artis laid claim to it, arguing that Napoleon had sold it to him.  Tom claimed that the 800 lbs. of cotton he tendered to Napoleon Hagans (and later, his son William) was interest on a mortgage, but William Hagans and other witnesses maintained that the payment was rent. (Tom also testified that he rented the “Adam Artis place.”) William testified that his father was in feeble health in 1896 when he called him and his brother Henry together “under the cart shelter” to tell them he would not live long and did not know to whom the land would fall.  William testified that Pole asked them to let “Pig” stay on as long as he paid rent, and they promised to do so.  Tom Franks testified that “Pole was a first-rate business man.” Jonah Williams, Adam Artis’ brother, testified that he borrowed money from Napoleon to open a brickyard in the spring of 1893 and had preached his funeral.  He also noted that “Tom married my sister [Loumiza Artis].  He is not a member of my church.  I turned him out.  He is a Primitive Baptist.  I preached Napoleon Hagans’ funeral.”)  Jesse Artis, another of Adam Artis’ brothers, testified that he had worked on Napoleon’s property as a carpenter for 18 years and noted, “I don’t know that Tom and I are any kin, just by marriage.”   John Rountree testified that he was a tenant renting on thirds.  Simon Exum, Delilah Artis‘ husband, testified: “I am no kin to Tom [Artis] as far as I know, except by Adam.  His first wife was my wife’s sister.”  H.S. Reid testified that he was Tom Artis’ son-in-law.  The court found for Coley and against Artis.

[Sidenote: The Artises, Haganses and Reids were neighbors in the Eureka area of Wayne County for generations. Tom Artis’ mother Celia Artis and Henry S. Reid’s grandmother Rhoda Reid were the wealthiest free women of color in the county. Adam Artis married Napoleon Hagans’ half-sister Frances Seaberry. Adam’s sister Loumiza married Tom Artis. Henry S. Reid, son of Washington and Penninah Reid, married Tom Artis’ daughter. Henry’s first cousin Henry Reid, son of John and Mozana Hall Reid, married Adam Artis’ daughter Georgianna Artis. Adam Artis’ son William Marshall Artis and grandson Leslie Artis married Tom Artis’ neices, Etta and Minnie Diggs. And on and on. — LYH]

Set off and divide.

State of North Carolina, Wayne County   }  In obedience to an order of Court to me Olin Coor Sheriff directed, Issued from Aug Term 1863. I have proceeded to Summon the following man as commissioners to Set-off and divide the land Deeded to Rody Reed and Isaac Reed by Jno. Hollowell as by reference to said and will more fully show. Viz – Said Rody Reed is to have one fourth of said land and Isaac Reed three fourths which division is in manner and form following to witt viz. –

Beginning for J.P. Rogers (who has become the purchaser of the interest of Said land belonging to Isaac Reed) at a stake on the main run of Aycocks Swamp H.B. Ballance corner and runs N 5 W 272 poles to two small pines Thomas F. Davis & H.B. Ballance’s corner then N 33 E 24 poles to a hickory Said Davis corner then with his line So 70 E 157 ¾ Poles to a Stake then with his line N 55 E 27 poles Stake then South 40 E a strate line to a Stake on the run of Aycocks Swamp then up the various courses of Said run as it meanders to the beginning containing one hundred and ninty five acres Also one other tract adjoining the lands of Said Ballance & others beginning at a maple in a small branch then up said branch 30 poles to a black Gum the dividing corner between Said Rogers and Rody Read then down the run of Said branch to a white Oak then N 86 E 72 poles to the beginning continuing twenty and one fourth acres.

Beginning for Rody Reed at a Stake on the run of Aycocks Swamp the corner of said J.P. Rogers and runs with his line N 40 W 59 poles to a State said Rogers corner in Thomas F. Davis’ line then N 55 E 18 poles to a Sassafras then N 27 ½ W 60 poles to a maple on the run of Newsums Branch then down the run of said Branch as it meanders to the run of Aycocks Swamp then up the run of said Swamp as it meanders to the beginning, containing Seventy two acres Also another tract adjoining the Lands of said Davis and others. Beginning at a black Gum said Rogers’s corner then with his line S 82 W 33 poles to a small sweet Gum in a small branch then up said to a pine said Davis’s corner then N 82 E 21 poles to a Small black Gum at the head of a Small drain then down the same as it meanders to the beginning, containing five and one fourth acres.

Al of which is respectfully submitted under our hands and Seals this the 24th day of Aug 1863  /s/ Henry Martin, W.P. Peacock, H.B. Ballance, L.J. Sauls

Witness O. Coor Sheriff

Recording Docket Book 14, page 9. Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

Twelve acres lying east of the cross fence.

State of N. Carolina, Wayne County, March 31st 1884.

Know all men by these presents that I Itey Simmons being of sound mind and frail in body, knowing the uncertainty of life, and the certainty of Death and desiring to arrange my worldly affairs while I live – do make this my last will and testament  —

Item I. I commit my soul to God and my body to the Grave. I desire to be decently and plainly buried, and the expenses of my burial to be paid first out of any money I may have or the first that may be raised out of the proceeds of my property.

Item II. I give to my Grand-daughter Sarah Simmons, my cow and yearling.

Item III. I give in fee simple to my daughter in law Sally Winn widow of my deceased son David Simmons: Twelve acres of land, lying East of the cross fence between my house and hers, and next around and including the house where she is living, to be surveyed and marked only by competent Surveyor, under supervision of my Ex’r or Admin.

Item IV. I order all other property which I may possess of whatever nature Real and Personal, not otherwise provided for in this Will to be sold and converted into money, as promptly as the best interest of my Estate will allow or require: and then: my burial expences above refered to, and any just and legal debts I owe, being paid, I order –

Item V. That the sum of one hundred Dollars shall be appropriated out of the proceeds of my Estate, and given my Great Grand Child Julia Jordan. My executor is requested to see that this money is safely invested, and the interest or profit from the same used for her benefit. The principal to be reserved until her majority; unless absolutely required for her necessities or her best interest before hand –

Item VI. The balance of money now remaining after above I bequest I order to be divided into three equal parts – and to be given one part to my Grand Daughter Maria Thompson one part to my Grand daughters Sarah Simmons and Gustus Greenfield equally and the other part to my son Moses Simmons, if he living, is [sic] he is dead, and leaves no legal heirs of his body, Then this part bequeathed to Moses Simmons shall be divided one half to Maria Thompson and balance between Sarah Simmons and Gustus Greenfield, my Grand-daughters above mentioned.

Item VII. I assign David W. Kelly my Executor to this my last will and Testament as witness to all of which I hereunto set my hand and seal. This day and date as above written, Itey X Simmons {seal]

Signed and sealed In presence of J.F. Oliver, S.J. Kelly

Wayne County Will Book 1, Page 255, Wills, North Carolina State Archives.