SUBMITTED BY: Cornelia Fenenga Moore; transcribed by Cornelia Fenenga Moore & Cheri Todd Molter
Transcribed Will of Ezekiel Black of Mecklenburg County
N.C. State of North Carolina
I Ezekiel Black of the county of Mecklenburg, Do make the following codicil to my will made by me bearing [the] date July 21st 1831 Towit—
I desire and will that the property given by me in my said will unto my son Ezekiel (who is since dead) be disposed of as follows:
I give and bequeath to my son Thomas Black, the plantation [that] I had willed unto my son Ezekiel. I also give and bequeath unto my son, Thomas, two hundred and fifty dollars—this sum being the amount in money given unto Ezekiel. The plantation there given, and the two hundred and fifty dollars is given in place of the seven hundred dollars given my Son Thomas, by my will. The seven hundred dollars I don’t allow my son Thomas now to have, I give and bequeath to my son Jos— [Joseph] Black, the young Mare which I have given by my Will unto my Son Ezekiel, now deceased.
I will and direct that the Negro Boy Frank given in my will unto my Son Ezekiel—now deceased, be Sold to my Executors, and the money equally divided among my children—to wit—Eli, Thomas, Joseph, and Betsy—now the wife of Jonathan T. Maxwell.
Lastly, in the place of my old friend Guy Maxwell, now deceased, and who I had appointed one of my Executors I now appoint his son William Maxwell one of my executors to assist my son James M. Black my other Executor in carrying into effect my will. In Testimony whereof I have hereunto set my hand and seal April 11th 1837—
Ezekiel Black (seal)
J. M. Hutchison
A Supplement to Ezekiel Black’s Will
In the name of God, Amen, I, Ezekiel Black of the County of Meclenburg [sic] & State of No. Carolina—being in good health, and of sound mind & memory but knowing that it is appointed for all Men once to die, do make and ordain this as my Last Will & Testament, I recommend & give my Soul to Almighty God who gave it, and as touching such worldly property which, he has been pleased to bless me with in this life, I do Will & bequeath as follows
Item I will and bequeath to my beloved Wife Sarah [McEwen Black, his second wife] the one third part of the plantation that I now live on, including the dwelling house, Barn and all other buildings during her natural life or widowhood & the use of the whole plantation until my youngest son Joseph is 21 years of age, for the purpose of maintaining & schooling the children. I also allow & give to my wife Sarah during her life or widowhood my Negro Woman Phillis and Negro girl Affey, and at her death or marriage I allow Phillis to be sold and the amount to be equally divided between my first wife’s [Elizabeth McCombs Black’s] children James, Cynthia, Margaret, & Celia, and I do also allow my said Wife Sarah at her death to dispose of the said girl Affey among my children as she thinks best. I also allow and give to my Wife Sarah two horse beasts, her choice, two Cows and Calves, her choice, also two young ones also the one half of all the stock of hogs & sheep on hand, all the household & Kitchen furniture, and also gears, and plows sufficient for her horses.
Item I will & bequeath to my son Eli O. Black the plantation he now lives on containing about one hundred & fifteen acres. I also will and bequeath to my Son Eli O. Black a Negro boy named Peter but provided my said son Eli should die having no heirs of his body, I then allow my son Ezekiel to get the aforesaid tract of land and my other sons, Thomas & Joseph and daughter Betsey [sic] to get the price of the said Peter divided Equally among them.
Item I will and bequeath to my Daughter Elizabeth [Betsy] a Negro Girl named Daffey.
Item I will and bequeath my son Ezekiel H. Black a plantation forming the lands will[e]d to my Son Eli, perhaps about One hundred & forty acres, also a Negro boy named Frank, also a colt that he now claims as his own, but should said colt die, I allow him another good horse, saddle & bridle & also a cow & calf.
Item I will and bequeath to my Son Thomas Black my Negro boy named Amos, also seven hundred Dollars in Cash, or good overdue Notes to purchase land to be put to interest until he is twenty One years of age, also a Colt that he now claims as his own, also a cow & calf & provided such Colt should die, my said Son Thomas is to get a horse saddle & bridle out of my Estate equal with my other sons.
Item I will and bequeath to my son Joseph B Black the plantation that I now live on, subject to the incumbrance of his Mother’s right as above stated, and also a Negro boy named Tom and also Seventy five Dollars in Cash, when he comes of age to purchase a horse, also a Cow & Calf.
Item I will and bequeath to my Son Jas [James] M Black fifty dollars.
Item I will and bequeath to my d[a]ughter Magaret [sic] Black forty Dollars.
Item I will and bequeath to my daughter Cynthia Collins twenty five Dollars. [Cynthia, who married Lewis D. Collins and eventually moved to Texas, is my own ancestress.]
Item I will and bequeath to my daughter Celia Black a Negro boy named Tom, and One hundred Dollars in Cash.
Item I do also will and bequeath to my Son Ezekiel Black Two hundred & fifty Dollars in Cash over & above the bequeathments above stated.
Item I do also will to my son Eli O Black One hundred Dollars beside the Bequeathments above.
Item I do allow all my property that is not willd [sic] above to be sold by my Executors, and after paying all my just debts and the Legacies above mentioned the balance, if any, is to be equally divided amongst my five youngest children viz Eli, Elizabeth, Ezekiel, Thomas, & Joseph.
And lastly I do nominate and appoint my Son James M. Black & Guy Maxwell to Execute this my last will & testament ratifying this and disannulling all others. In whereof I have hereunto sett [sic] my hand & seal this 27th day of July 1831
Ezekiel Bla(c)k (seal)
[He signed his surname with the c above the a in somewhat shaky handwriting]
Signed and pronounced |
as his last will in presence of us |
W Maxwell [Guy Maxwell)
Jame Blacks [James Black]
Ezekiel Black Exes [Executors] qualified
Registered in Book H
July Term 1837
State of North Carolina |
Mecklenburg County |
I certify that the Execution of the within will of Ezekiel Black was duly proved in the Superior Court of law of said County by the attesting witnesses thereto in a controversy in relation to its validity and the enclosed Codicil Marked A was also duly proved in like manner = Ordered that the said Will & Codicil be remitted to the county Court of said County there to be recorded & registered and also that the Executor or Executors therein named in said will and codicil be permited [sic] to renounce or qualify as the case may be.
J. B. Kell CMSC
State of North Carolina
Mecklenburg County October Term 1840
I certify that the Executors James M. Black & William Maxwell named in the will and codicil appeared in court & were qualified.
B. Oates (seled) [sealed]