WILL OF JACOB RHODES OF ROBESON COUNTY, N.C. probated 1824
Source: DAR, RHODES family records.
Transcribed by Sloan Mason
I Jacob RHODES of the county of Robeson in the State of North Carolina do make
publish and declare this my last will and testament in manner form and
substance as follows. Viz: I give devise and bequeath to my son Richard
Clinton RHODES all and singular my real and personal estate of every
description whatever (except what is herein after given devised and
bequeathed: that is to say ) Item: I give devise and bequeath to Jacob IVEY
the northward part of lott one hundred and five in the town of Lumberton to
extend from the north east corner southwardly twenty three yards and
westwardly seventy yards to him during his natural life and afterwards to his
children their heirs and assigns forever and for want of issue to Richard C.
RHODES his heirs and assigns forever. Item: I give devise and bequeath to
Sarah TOWNSEND wife of Alexander TOWNSEND, Esquire to her and her heirs
forever. Item: I give devise and bequeath to Thomas RHODES, one dollar to
him
his heirs and assigns forever. Item: I give devise and bequeath to Helen WARD
four Negroes (to Wit) Old Preacher TOM, his wife HANNAH, ESTER and her
daughter CELIE to her and her heirs forever also the use and benefit of the
HAMMONS Plantation for the term of ten years and from the date hereof provided
she or husband occupy it in person but not to let it to any other person
whatever. Item: I give devise and bequeath to Owen RHODES half acre lot of
ground near or joining Lumberton between the Fayetteville and Elizabeth roads
including the house commonally known and denominated Brock's Shop being one
half of an acre formerly owned by John BROCK and to be divided by a line
running as the Fayetteville road, five hundred and forty acres of land on the
Elizabeth road and meadow branch being the unsold part of 640 acres to him
during his natural life and afterward to his children and for want of issue to
Richard C. RHODES his heirs and assigns forever. Item: I give and devise and
bequeath to Emily. R. COUNCIL one feather bed and furniture half dozen silver
tea spoons and Negroes (to wit) MARY, NANCY her son JAMES, ALSTON and her
sister SILVIA and their increase if any there be to her during her natural
life and afterwards to her children and for want of issue to Richard C. RHODES
and his heirs forever. Item: I give devise and bequeath to Benjamin b: COUNCIL
one hundred and fifty acres of land in Columbus County on the Waccamaw River
and lake three hundred acres in Robeson County on Flower's Swamp the half of
122 on Hog Swamp joining Lee's lines tow Lotts in Lumberton one above and the
other below the lower tan yard on the river No. 2& 4 as laid off on the
commons to him during his natural life and after to his children and for want
of issue to Richard C. RHODES and his heirs forever. Item: I give devise and
bequeath to Rachel EDWARDS three hundred acres of land to be laid off by her
friends in my Burnt Island survey between Jacob Swamp and the Elizabeth Road
on or about the head of the Meadow Branch and two years schooling her mother
or friends boarding ------- during the time to her during her natural life and
after to ------- and for want of issue to Richard C. RHODES and his heirs
forever. Item: I give and bequeath to Ona HOBBIE three hundred acres of land
more or less west side of Drowning Creek on Jacob Swamp being the unsold part
of a 640 acre survey purchased from Grifith I. MCRAE and two years schooling
her mother or friends boarding her during her natural life and after to her
children and for want of issue to Richard C. RHODES his heirs and assigns
forever. Item: I give devise and bequeath to James POPE son of Calie POPE two
small lotts in Lumberton in the square occupied by Mrs. MCNEIL and joining her
lotts and one other lott on the river including the lower tan yard and three
hundred and fifty acres of Land on Ivey's branch being the unsold part of 450
acres survey to him during his natural life and after to his children and for
want of issue then to Richard C. RHODES his heirs and assigns forever. It is
also my will and desire that my Executors herein after to be named admit Clelie POPE to occupy and enjoy the house wherein she now lives during her
natural life or to furnish her with some other that is suitable to her present
capacity provided she remains single & her situation requires it and such
other assistance as she may require and they may thing proper to give and no
further; It is further my will and desire that my executors pay particular
attention to the education of said James POPE according to his generous ? and
their convenience & if they think it best to bind him to a trade to do so all
of which I leave to their discretion. IT is also my will and further desire
that is my son Richard C. RHODES thinks that Mrs. Mary IVEY'S daughter that
was born the 14th Instant has the favor of the RHODES Family which probably it
may that he will afford it some support in its raising have it educated and
act liberal according to his opinion and pleasure. It is also further my will
and particular desire that should my son Richard C. RHODES die without leaving
issue that all the estate both real and personal (WILLIS only excepted) one
part for Sarah TOWNSEND one for Thomas RHODES one for Emily R. COUNCIL one for
Benjamin b: COUNCIL one for James POPE and two parts to be divided as follows viz: that is one to be actually divided between Jacob IVEY, Rachel EDWARDS and
Ona HOBBIE & the other part to be equally divided between Susanna DAVIS'S two
sons Joseph F. DAVIS & Henry DAVIS and Mrs. Mary IVEY'S last daughter born
the 14th Inst. Which is not yet named and should one or more of them die
without leaving issue their dividend together with what has been allotted to
them be equally divided amongst the survivers of them their heirs and assigns
forever. It is further my particular wish and desire that every reasonable
forbearance & indulgence be extended by my executors & legatees to the old and
infirm Negroes that have been worn out in my service and also to WILLIS and in
case my son Richard C. RHODES should die without leaving issue in that case it
is my particular desire that WILLIS (for his fidelity to me) should be
liberated and finally discharged from further slavery or bondage-Hereby
revoking and disannulling all and every former Will or testament by me made or
by my order or direction-I hereby ordain name constitute and appoint my friend
Angus GILCHRIST, Esquire and my son Richard C. RHODES, Executors of this my
last Will and testament.
In witness whereof I have hereunto set my hand and seal the Seventeenth day
(17th) of Feby. In the year of our Lord 1822.
J. RHODES, Seal
State of North Carolina
Robeson County
November Term 1824
John WARD being duly sworn states that the foregoing Instrument of writing was
deposited with him for safekeeping by Jacob RHODES as his last Will and
Testament several months before his decease and that is the same and the whole
of the said will. Sworn to in open court 25 November 1824.
Richd. C. BUNTING, Clk.
John WARD
State of North Carolina
Robeson County
November Term 1824
Kenneth BLACK, Charles MOORE, Neill BUIE, Joseph WOOD, Esquires being duly
sworn saith that they have been for a long time acquainted with the hand
writing of Jacob RHODES deceased, that this instrument of writing now offered
for probate as the last will and testament of the said Jacob RHODES dated the
17th day of February 1822 they believe is entirely in the hand writing of the
said Jacob RHODES and subscribed by him, Sworn and subscribed before me the
25th November 1824 in open court.
Richd. C. BUNTING, Clk.
Chs. MOORE
J. WOOD
Ken BLACK
Neill BUIE
Robeson County November Term 1824. Then was this will proved in open court by
the oaths of Kenneth BLACK, Charles MOORE, Neil BUIE, and Joseph WOOD and
ordered to be recorded.
Richd. C. BUNTING, Clk.
(Note: Jacob RHODES was the son of Benjamin RHODES and Rachel THOMAS of Duplin
Co., N.C.)
