I, ANN YANCEY of Caswell County, North Carolina being of sound mind and memory do make and publish this my Last Will and Testament in manner and form as follows to wit - My will is to be buried in the family graveyard near my present residence with the other members of my family and that my Executor cause the said graveyard to be enclosed with stones and that he cause a marble slab with [_______?] inscriptions to be placed n my grave.
Secondly I give and bequeath to my grand daughter FRANCES ANN MCADEN the following slaves, to wit - Grandison and Ned, Alexander and Emeline, Annie and Dolly. These slaves I bequeath to her for life with remainder to her children if she should [care?] have any - if not - then to her brothers and in this bequest I mean to include any increase which may hereafter arise from the above named negroes.
Thirdly I give and bequeath to my granddaughter BETSY ANN MEBANE, daughter of GILES MEBANE, a negro girl by the name of Harriet, together with her future increase for her life only and after her death to her children should she have any and in default of children then to her brothers and sisters.
Fourthly I give and bequeath to my daughter ANN ELIZABETH YANCEY the tract of land on which I now reside - lying on the main road leading from Yanceyville to [____?borough] supposed to contain between five and six hundred acres including the piece which I purchased recently from JOHN A. [GRAVES?] to have the same during her life only - and after her death I give it to her children if she [care?] have any and in default of children then to my granddaughter FRANCES ANN MCADEN.
I desire that the said land shall be received by my said daughter at valuation - the value to be ascertained by three competent persons to be chosen by my said daughter and my Executor. But in estimating the value, my will is that the buildings - viz the dwelling house, and [nearby?] any outhouses - shall not be included.
I further will and desire that the graveyard shall be excepted from the [operation?] of this devise and that the said graveyard and two acres of ground immediately surrounding shall be [held?] by my Executor and his heirs forever in perpetual trust - as the burying place of myself and family and that it shall always be kept in good order and repair.
I also give to my daughter ANN ELIZABETH the two large parlor mirrors and one dozen gilt chains, and two socking chains and also two good beds, bedsteads, and furniture to be chosen by herself. I also give her so much of table furniture as will make her share equal to what I have heretofore given my other children. I also give and bequeath to my said daughter two negroes - namely Oscar and Susan to be taken by her at valuation - the value to be ascertained as is herein directed as regards to the land given to her - and the said negroes and their future increase - to be held for and during her life only - with remainder to her children if she should have any and on failure of children - then to FRANCES ANN MCADEN - during her life and upon her dying without children - then to her brothers and sisters.
Fifthly - I give the portrait of my deceased husband to my daughter MARY CATHERINE MEBANE and my own portrait I give to my daughter VIRGINIA SWEPSON. My silverware of every description and cut glass and china I direct to be equally divided my [three?] daughters - the share, however of my daughter VIRGINIA SWEPSON to be retained and held by my Executor in trust for her sole and separate use.
My gold watch I give to my grandson BARTLETT YANCEY MCADEN. And I give to the said BARTLETT one bed and its [necessary?] furniture and to his brother RUFUS one bed and furniture and to his brother JOHN HENRY one bed and furniture and to his sister FRANCES ANN two beds and necessary furniture.
Sixthly Having heretofore placed in the possession of my deceased son A. S. YANCEY a negro boy by the name of [_____?] I do hereby give him to the surviving daughter of my deceased son - ANN E. YANCEY at the value or price of three hundred dollars to have the said negro for her life only and if she dies without children - then to be equally divided among my own children and grandchildren - the grandchildren in said division to represent or stand in the stead of their parents.
To my daughter MARY MEBANE I give a negro girl Keziah valued by me at two hundred and fifty dollars - to my daughter ANN ELIZABETH a girl by the name of Litt[___?] of the same value and to my Executor for the separate use of VIRGINIA B. SWEPSON a girl by the name of Malinda of the same value and whatever increase may have arisen from the said slaves since they were placed in possession of my daughters above named I give and dispose of as I have given and disposed of the parents of such children or increase and without any additional charge or valuation for such increase.
And I hereby direct the property bequeathed in this clause to be held by the [t_____?] and upon the limitations herein-after specified in this [residuary?] clause of this will. All the rest and residue of my property and estate I will and direct to be equally divided into five equal shares or portions and allotted to my children and grandchildren as follows - one fifth part to my daughter MARY CATHERINE the wife of GILES MEBANE for and during her natural life and after her death to her children - one other fifth part to my Executor in trust for the sole and separate use of my daughter VIRGINIA B. SWEPSON during her life and after her death to her children, if she should have any - and in her failure to have children then to my own children and grandchildren - the said grandchildren to represent in the division their deceased parents - and take only such share as they would have taken if living. One other fifth part to my daughter ANN ELIZABETH for her natural life only and after her death to her children if she shall have any, and on failure of children and grandchildren as above directed. One other fifth part to the child of my deceased son ALGERNON S. YANCEY - namely ANN E. YANCEY for her natural life only and after her death then to her children and upon failure to have children then to my own children and grandchildren as above directed. And the remaining fifth part I give to the children of my deceased daughter FRANCES MCADEN - namely: BARTLETT Y. MCADEN, RUFUS MCADEN, JOHN HENRY MCADEN, AND FRANCES ANN MCADEN to be equally divided between them.
My will is that in the division of my estate as above directed the property specifically bequeathed herein shall all be valued and accounted for except the negro slave given to my two granddaughters BETSEY ANN MEBANE AND FRANCES ANN MCADEN - and when the division is made my daughter ANN ELIZABETH may exercise her own will and take her own share in property as its value in money as she may think best. And I direct that my servant Neptune shall have the privilege of selecting from among my children and grandchildren his owner and he and his wife Sally and his son Elijah shall be allotted to those persons he may choose - and I also direct that my negro man Nathan and my old woman Patsy and her grandson Pleasant be allotted to my daughter MARY CATHERINE at valuation and that my servant Lucien (a carpenter) and Lucy his wife and their youngest child Mexico and a boy by the name of Felix be allotted to my Executor for the use of daughter VIRGINIA as above directed - at their valuation . And I also wish my daughter MARY CATHERINE MEBANE to [receive?] at valuation as a part of her [lot?] in addition to those mentioned above the following: viz. William and Ellia. My will is that the valuation of the residue of my estate be made by five competent persons to be chosen by my Executor with the approval of my children and that the valuation and division so made by my Executor and the five persons aforesaid be returned and recorded in court.
I direct that my Executor shall at all times be subject to the control of my daughter VIRGINIA in regard to the property he may hold in trust for her. That her order to him for any show of it at any time shall be full and sufficient to [live?] to dispose of it according to such order and that her individual [receipt?] be sufficient evidence for him as to any sum or sums he may pay to her or dispose of for her benefit.
In the fourth clause of my will I have bequeathed to FRANCES ANN MCADEN the remainder in the slaves Oscar and Susan after the death of my daughter ANN ELIZABETH - now my will is that in the division of my estate the value of the interest given in the slaves as aforesaid to the said FRANCES ANN be ascertained by the five persons above specified and that my said granddaughter shall account for the same at the valuation aforesaid - as part of her share of the residue.
During the life of GILES MEBANE, the husband of my daughter MARY CATHERINE MEBANE, I will and direct that the property herein given and bequeathed to his wife shall be held by him in trust to manage and improve the same for the sole and separate benefit of his wife and children. And in no [____?] shall he have power or authority to dispose of the same without the consent of his wife to be [signed?] in writing to be attested by at least one credible witness.
I appoint my son-in-law - the said GILES MEBANE, Executor of this my Last Will and Testament, hereby revoking all others by me at any time made - this the 9th of April 1851
Signed, sealed and acknowledged
In presence of:
PLEASANT H. WOMACK
This proper writing purporting to be the Last Will ad Testament of ANN YANCEY dec. was produced in open court and the executors thereof duly proved by the oaths of Ansel Ware and Pleasant H. Womack the subscribing witnesses thereto and ordered to be recorded and Giles Mebane therein named executor was duly qualified and took upon himself the administration of said estate.
Thos W. Graves, Clk