I, CHARLES YANCEY of the county of Granville and state of North Carolina being in sound mind and disposing memory, but considering the uncertainly of existence do make and declare this my Last Will and Testament in manner and form following, viz:
That my Executor, my son ABSALOM YANCEY, shall provide for my body a descent burial, suitable to the wishes of my relations and friends and pay all my funeral expenses together with all my just debts, out of the moneys first coming into his hands as a part or parcel of my estate.
Item 1st - My will and desire is that my beloved wife, PERMELIA YANCEY, shall have the use and benefit of all my property of every description or kind, in conjunction with my son CHARLES ANDREW YANCEY except as [legises?] as may hereafter be given by this instrument after the payment of all my just debts & funeral expenses, for and during her widowhood, and in case she should marry, than she shall have only one third part of all my property for and during her natural life.
Item 2nd - I give and devise unto my son ABSALOM one fourth part in value of all my estate, real and personal, and he shall have the right to take a part of his portion afore-said, all the tract of land, known as the Morton Tract, except 20 acres of the same running due North with the Mill Road leading to the White Lick at the death of my wife; the improvements he may make or [put?] upon the same; shall not be taken into account in the valuation of the said land, and furthermore, in case he, the said ABSALOM YANCEY shall settle on or cultivate the said land during my wife's lifetime, he shall do so without paying any rent.
Item 3rd - I give and devise unto my son CHARLES A. YANCEY one fourth part in value of all my estate, both real and personal and he shall have my home tract of land together with the 20 acres to be taken off the Morton Tract, according to valuation as a part of his [part?] of my estate as aforesaid.
Item 4th - I give and bequeath to my two daughters, ROXY REAMS and MARY VIRGINIA WHITE one certain [lot?] or parcel of land lying on the right of the Church Road at the White Lick containing six acresmore or less being a part of the Morton Tract, to be sold at my death and the proceeds of the sale thereof be equally divided between them. And in addition of the above, I give and [bequeath?] to my two daughters aforesaid, at the death of my wife, each one fourth part in value of all my estate both real and personal, after the payments of all my just debts to them and their heirs forever.
In witness whereof I, the said CHARLES YANCEY, do hereunto set my hand and seal this the 26 day of January 1857 -
signed, sealed, published and delivered
by the said CHARLES YANCEY -
to be his Last Will & Testament,
in the presence of us, who at his request and in his presence do subscribe our names as witnesses thereto.
JNO J. THROCKMORTON
RICHARD E. YANCEY
August Court 1858
The execution of the forgoing Last Will and Testament of CHARLES YANCEY decd, was duly proved in open court by the oath of RICHARD E. YANCEY and JOHN J. THROCKMORTON, the subscribing witnesses thereto and ordered to be recorded and filed.
At the same time came forward [ABSALOM?] YANCEY named as Executor thereto and duly certified as such.
A. LENITUS CCC