The Will of William Price (1762-1846)

This will book was filmed in 2 page spreads at Family Search.

p326 (image 383)

p327-328 (image 384)

Marcy Porter’s transcript of the will book image follows:

[Begin transcript]

January Term 1847                                        

State of North Carolina }

Martin County                   } Know all men by these presents that I, William  Price, being in sound mind & memory thanks be to God for the same, but knowing the uncertainty of death do make and ordain this my last Will and Testament as follows

1st  I commit my soul to Almighty God my body to be entered in a desent Christian like manner in the family Grave Yard

2nd The negro Girl Hannah I lent to my Daughter Cherry at her marriage after my death it is my will and desire that said negro Hannahs increase (except one boy by the name of Luke) be Equally divided between the children of my Daughter Cherry and their heirs forever. My Daughter Cherry being dead it is my will wish and desire that the increase of said negro Hannah she being dead also be Equally divided between Robt Rebecca Martha John & Benjamin Lewis Bryan children of said Cherry after my death and to make said division I do nominate and appoint Jno A Turner Robert Bryan and Saml A Long to do the same

3rd  the negro girl Silva I let my Daughter Rebecca have at her marriage (and my Daughter Rebecca being dead and said negro also) but said negro Silva having an increase it is my will and desire that Jno Bryan husband of my said Daughter Rebecca have said negroes to him and his heirs forever

4th  the negro girl Liza I let my Daughter Roxana at her marriage it is my will and desire that my Daughter Roxana have said girl and increase her life time and after her death I give said negroes to her Lawful children

5th  The negro boy Theophilus which was sold and the proffits equally divided between my Daughter Mary and her two children Joseph & Martha remain so forever

6th  I give unto my Grand Daughter Evelina Bryan one negro girl by the name of Hannah should the said Evelina Bryan die without a lawful heir it is my will and desire that the said negro Hannah be sold (and increase if any) and the proceeds arising from said sales be equally divided among my heirs

7th  I give unto my grand sons Benjamin F Price & Hardy W B Price sons of my son Hardy B Price one Hundred Dollars each before the property which I may have on hand is divided

8th  I give unto my Grand son Joseph R Bryan one tract of land said land I bought of B F and H W B Price containing forty acres more or less and all the improvements thereon forever

9th  It is my will and desire that the negroes I have not given away after my death to be equally divided between my heirs in the following manner (viz) one fifth to Hardy B Price heirs one fifth to Cherry Bryan heirs one fifth to Rebecca Bryan children one fifth to Roxana Bryan her life time and after her death to her children one fifth to Mary Johnson her life time and after her death to her children leaving and giving my executors full power to appoint commissioners to allot and divide said negroes between said heirs according to the above statement

10th  I give unto my Daughter Mary Johnson one tract of Land known as the Johnson Tract containing fifty acres more or less running south with the fence to her and her heirs forever

11th  It is my desire that the balance of the Land I have not otherwise disposed of Except the family Grave Yard be sold and equally divided between my son Hardy B Price heirs and the heirs of Daughters Rebecca Cherry and Roxana in like manner as the negroes  

12th  I give unto my Grand son Joseph R Bryan one bed and furniture

13th  It is my will and desire that my Executors sell at public auction my Perishable Estate and after paying my just debts the balance with what monies or bond I may have to be equally divided between the heirs of my son Hardy B Price and the children of my Daughter Rebecca and the children of my Daughter Cherry and Roxana and Mary in like manner as the negroes

14th  It is my will and desire that my Executors retain in their hands (if not applied for before) the part of my Estate which I give to my Daughter Roxana and her heirs seven years if not applied for in that time then to be Equally divided between my other heirs

15th  It is my will and desire that my Executors retain in their hands the property which I have given unto my Grand children untill they arrive to the age of twenty one or marries.

I do hereby constitute and appoint my friend Archibald Slaton and William R Brown Executors to this my last will and Testament revoking all other wills that I may have made prior to this date. In witness whereof I have hereunto set my hand and seal, this the twenty second day of August one Thousand Eight Hundred and forty three

 [signed]      William Price (seal)

Signed in presence of us
Bryant Bennett
Jos Waldo

[end transcript]

[Proven January Term 1847 by the oath of Joseph Waldo; William R Brown relinquished his right to qualify, and Archibald Slaton was qualified as sole executor]

---

I learned of no new family members, but I did learn many new facts regarding the disposition of land to several of the family members. The will also confirms many previously understood facts. For example, Cherry’s children, Lucy, Mary, and James died before 1843 because they weren’t listed in the will.  It also confirms many children and grandchildren were living at the time the will was written.

This transcription was posted with the specific permission of the transcriber, Marcy Porter.  My thanks go out to her for her willingness to share her excellent work.

If you see anything in the transcription that is incorrect or otherwise should be corrected, please use the comment form below and report it.