Mary R. Wheaton
Will
Recorded in Book H.H. page 423, 4, & 5.
Feb Term 1863
I Mary R Wheaton of the city of Raleigh do make ordain and declare this to be my last will and Testament; hereby revoking all others by me heretofore made
Item 1. To my executors hereinafter named and to the servicer of them if both qualify, and if not then to such one as shall qualify I give and bequeath with all their increase from this time the following slaves and the personal property herein named, namely slaves Jacob, Moses, Alfred, Jim, Martha, Leon, Patience, Adeline, Ellen, Antoinette, and Corinna. Also all my household and kitchen furniture all my pictures and books, to hold the said property in trust for the sole and separate use of my beloved neice Frances Winifred Barbee and in no manner to be under the control of any present or future husband with full power and authority in my said neice at any time during her life notwithstanding her coverture to dispose of the same or any part thereof by deed in the same manner as if she were a feme sole; and also after her death by will or writing in the nature executed as such and in due form, to dispose of the same in such parcels, interests, portions and estates as she may choose; and in case she shall die without disposing of the same, so much thereof as shall be undisposed of shall be distributed among her living children other than Mary W Barbee, and the issue of such (other than the said Mary) as may be dead leaving issue, the issue of each child to represent their parent and take among them in such [share?] and portions as if the parent had then died intestate
Item 2. To my executors who shall qualify and the survivor of them as provided in item 1, I give devise and bequeath slaves Albert, Lucy, Daniel, Laura, Sarah, Cora, Hilliard, Albine, Lucinda, Alexander, Susan, and Moring. Also my house and lot in the city of Raleigh, lying in the northeastern corner of Harget and Salisbury Streets being lot no 132 in the plan of the city, with all the appurtenances thereunto belonging; in trust nevertheless for the use and benefit of my beloved grand neice Mary Wheaton Barbee until she shall marry and then for her sole and separate use during her coverture with power while thus covert she being of full age to dispose of the same by deed, or writing in the nature of a will; And in case she shall die in coverture and shall not thus dispose of it, then for the use and benefit of such of her children as may survive her and the issue of such as may have predeceased her the issue to stand in the place of the parent and take as provided in such like case in item 1. But in case she shall not marry at all, or shall marry and survive her husband then for her benefit and use absolutely in fee.
Item 3. In case my said grand niece shall die unmarried and before age then I give the said property to her brothers and sisters who shall survive her and the issue of such as may predecease her, the issue to take per stirpes
Item 4. I give to my beloved nephew Whitmel H. Hardy and to my grand neice Lavinia Gordon four hundred dollars each; and to my beloved grand neices, Henrietta Gordon, Celeste Gordon and Louisa Everard wife of Thomas Everard three hundred dollars each and if either of them shall die before I do. I direct that the legacy given to such one shall go to his or her next of kin according to the statute of distributions.
Item 5. I give all the residue of my estate of every kind not herein disposed for which in any event may turn out to be undisposed of by my will to my niece Frances W. Barbee; and I hereby charge the estate and every part thereof which I have given to her or in trust for her in this item or item one, with the payment of all my debts and the charges of executing my will
Item 6. In case my said niece Frances should die before I do then my executors are directed to hold the property and estate bequeathed to her for the use of her children other than the said Mary W. Barbee in the same manner as is provided in item one in the case of her dying without disposing of the property
Item 7. In case my grand neice Mary W. Barbee shall die before I do without leaving issue, then I direct that the property given in item two shall go to her brothers and sisters as provided in item three But if she shall leave issue who may survive me then I give the said property to such issue
Item 8. I direct that the property and estate which may fall to my neice Frances Barbee by virtue of item five, shall be held by my executors or executor in the same manner and on the same trusts, conditions and limitations as are provided in respect of the property mentioned in item one
Item 9 I hereby constitute and appoint my friends James Patterson & William W Holden executors of this my last will and do earnestly entreat them to have it executed.
In testimony of all which I have hereunto subscribed my name this the 9 day of November A.D. 1858
Mary R. Wheaton
Signed published and declared by Mary R Wheaton as I take her last will & testament in our presence and in our view we subscribing as witnesses thereto in her presence & view.