Last Will and Testament
Benjamin Small Jr.
In the name of God, Amen.
I, Benjamin Small, of the County of Chowan in the state of North Carolina, being of sound mind and memory, do make and ordain this my last will and testament in the manner and form following, to wit:
First, I leave to my beloved wife, Hannah Small, during her natural life or widowhood, the east end of my dwelling house both above and below and shed attached to the barn, the use of the new kitchen, the use of part of the smoke house, the field over the swamp with enough added there to immediately adjoining to smoke twenty five thousand cornhills. I further leave to my wife, Hannah Small, seven hundred pounds of fresh pork, or as much bacon as seven hundred pounds of pork will make; thirty barrels of Indian Corn; fifteen hundred pounds of fodder, thirty pounds of coffee, fifty-five pounds of brown sugar, ten gallons of apple brandy, five bushels of salt; two thousand fresh herring; fifteen gallons of molasses, one barrel of flour.
In case my wife should not live one whole year after my death, all of the above property not made use of to return back to my estate and to be distributed as I shall direct. If it should happen that the above articles are not on hand at my death, then I direct my Executor, hereafter named, to purchase them and charge them to my estate and deliver them to my said wife to whom I loan them. I further loan to my said wife Hannah the time of her natural life and provided she remains a widow. If not then during her widowhood upon condition that she execute a sufficient bond to return to my executor at her death or when her widowhood ceases, two cows and calves, her choice, one sow and pigs, her choice, six shoats, one clock, one bottle case cider, her choice, one small dining table, six yellow Windsor chairs, two feather beds and furniture that I bought at the sale of Samuel Smith which were loaned by said Smith to my wife; one walnut beauffett, one dozen common cups and saucers, one dozen plates; one half dozen knives, forks one half dozen spoons, two iron pots, one criefer, the choice of my horses or sixty dollars which I direct my executor to take from my estate and purchase one to that amount, charging the same to my estate and purchase one single gig and harness. I further loan to my said wife, Hannah, during her natural life or widowhood, provided she executes a like bond with security to return them to my executors at her death or when her widowhood ceases. If she does not execute such bond, then I direct my executor to hire out said negroes. I now loan my said wife and the proceeds to be paid to my said wife annually so long as her natural life shall last or during her widowhood.
To wit: One boy, Donaldson, one women Violet and boy Solloman and upon either the death of said wife or the termination of her widowhood, I give and bequeath the said Violet and her increase to my son, Baker Small and boy Donaldson after the death of my wife or the termination of her widowhood, the burrow of sand, one bed and furniture, first choice, sixty dollars in cash to buy a horse bridle and saddle, one hundred and fifty acres more or less of land, it being the plantation on which I have lived together with all the buildings, except such part of land and buildings mentioned above loaned to my wife, to her and to her heirs forever and all the rest of my property I have bound to my wife.
Upon her death or ceasing to be a widow, I give and bequeath into my children, with the exception of Baker Small and John G. Small to be equally divided among them and should any of my children die before either of the above events, that is to say, the death or remarriage of my wife, then I direct that such child or children as they may come, shall be entitled to the share, that their deceased parent might claim.
It being thirdly, I give and bequeath unto my son, John G. Small, the Sand Ridge Plantation, one negro girl Cherry and one third of the value negro man Peter to him and his heirs forever. Fourthly, I give and bequeath to my daughter Mary Sutton, two cows and calves, one bed and furniture delivered to her and her heirs forever. Fifthly, I give and bequeath to my daughter, Penelope Small, one bed and furniture, second choice and twenty-five dollars in cash to her and her heirs forever.
Sixthly, I give and bequeath to my son, Alfred Small, one bed and furniture, two cows and calves delivered, and one third of the value of the negro man Peter, to him and his heirs forever. Seventhly, I give and bequeath to my daughter Ester Ann Small, one set of china and the boy Solloman after my wife's natural life or widowhood ceases; and also the choice of the beds and furniture after my wife's natural life or widowhood ceases.
Eighthly, I bequeath to my son Allen Small one third of the value of the negro man Peter, to him and his heirs forever.
Ninthly, I bequeath to my grand children George, Benjamin, Penelope Bernham, one negro woman Rachel and boy Myles and negro girl Caroline. If however, either of the above named children should die before reaching the age of maturity, then his or her share in said property shall belong to the others named in this device and them only.
Tenthly, it is my wish and desire that Mr. William Bernham shall have the use of the negro woman Rachel and boy Myles during his life and Eleventhly, I give and bequeath to my grandchildren Mary and John Skinner, one negro woman Rose and her increase and negro girl Grace. If however, either of the above named children should die before coming of age, his or her share shall fall to the other child married in the divine and that child only.
Twelvthly, it is my wish and desire that Mr. William Skinner shall have the use of negro woman, Rose, her increase and girl Grace during his life.
Thirteenthly, I give and bequeath to my son Allen Small, the negro boy George to him and his heirs forever.
Fourteenthly, I give and bequeath to my son, Baker Small, one negro boy Stephen, during the life and widowhood of my wife after which her life or widowhood ceases, boy Stephen, to be sold and the proceeds to be equally divided among all my children, except John and Baker Small.
Fifteenthly, I do hereby direct that all the rest of my chattel property shall be sold at my death and the proceeds to equally divided among my children, and my grand children to receive the part of parent, if alive.
Sixteenthly, should any of my children die without issue lawfully begotten of his or her body, it is my will and desire that the property here in devised to said child or children, shall be equally divided among other children, share and share alike.
Sixteenthly, it is my wish and desire that should any of my children die leaving a child or children, such child or children shall be entitled to the share that is hereby allotted to the parent, if living.
Seventeenthly, it is my wish and desire that John G. Small shall act as guardian for all my grandchildren.
Eighteenthly, I give and bequeath my family Bible, a set of silver table spoons to Ephraim Staunton, son of James Staunton of Perquimans County.
Nineteenthly, I give and bequeath Twenty-five dollars to Susan Staunton, daughter of said Staunton.
Lastly, I do hereby nominate and appoint my sons Allen Small, Alfred Small, and Baker Small, executors to this my last will and testament, recovering all other wills by me made heretofore.
In witness thereto I have here unto set my hand and seal this Twenty-third day of January 1839.
Benjamin Small ( Seal)
Signed, Sealed and Delivered by the above Benjamin Small
In the presence of us who have hereto set our seals in his presence
and in the presence of each others witness.
George M. Williams
John E. Spencer
The foregoing will was exhibited in open court at the August Term 1839 and proved by the oath of George M. Williams and John E. Spencer the two subscribing witnesses thereto and ordered to be recorded at the same time Allen, one of the executors therein named appeared and qualified as such by taking oath prescribed by law. Ordered that letters of testament issue.
Test, John Bush, Clerk
By: J. T. Cathaway, D. Clk