LEWIS D. YANCEY
I, LEWIS D. YANCEY Sr. Of the State & County aforesaid, being weak in body, but of sound mind and discretion, do hereby make this my last will and testament.
Item 1. I will that all my just debts be paid.
Item 2. I give and bequeath unto my beloved wife PHEBA YANCY three negroes (viz. Grace, Gid & Sabary) and their future increase forever, one-third part of my lands including the houses and plantation whereon I now live and her two choice horses together with all my stock of cattle, hogs and sheep, my ox cart and oxen, also the plantation tools and household and kitchen furniture of every description and all my crop of corn, wheat, oats, rye, fodder, and cotton that may be growing or gathered on my plantation at the time of my death, all the fowls of every description belonging to the plantation. All the above mentioned property my wife PHEBA is to keep for her support during her natural life or widowhood taking care that the same be not wasted and at her death or in the event of her intermarriage, the aforesaid three negroes and their increase as well as all the rest of the perishable or personal property I have loaned her is to be sold and the proceeds thereof equally divided between my three daughters (viz) WINNEY, LUCY, SARAH WALKER YANCY and their heirs forever.
Item 3. I will that my stock of horses be sold with the exception of the two above stated and the proceeds thereof be equally divided between my three sons (viz) RICHARD, BENJAMIN and LAYTON and their heirs forever.
Item 4. I give and bequeath unto my daughter, MARY HORTON one negro girl by the name of Ann and three hundred dollars in money to her and her heirs forever.
Item 5. I give and bequeath unto my daughter DRUCILLA BAYNES (widow) of JOHN HOWARD BAYNES, one negro woman by the name of Charlotte and her son, Elijah and her increase, also one bed, bedstead and a [________], all of which she has already received to her and her heirs forever, also $20 at my death.
Item 6. I give and bequeath to my daughter WINNEY YANCY, one negro woman by the name of Hester, and one bed and furniture to her and her heirs forever.
Item 7. I bequeath to my daughter LUCY YANCEY, one negro woman by the name of Sarah and her child by the name of Tom, one bed, bedstead and furniture to her and her heirs forever.
Item 8. I devise and bequeath to my son, RICHARD YANCY, one negro boy by the name of Alexander, also one third part of my lands in Jasper County including the mill seat and mill rock to him and his heirs forever, also my bare mares present and colt.
Item 9. I devise and bequeath to my son BENJAMIN YANCY, one negro boy about eleven years old by the name of Gid, also one third part of my lands in Jasper County to be taken in the northeast corner of the same and to include the McKorkle place also my sorrel mare present colt to him and his heirs forever.
Item 10. I give and bequeath to my daughter SARAH WALKER YANCY one negro boy by the name of Thornton and one bed, bedstead and furniture to her and heirs forever.
Item 11. I devise and bequeath to my son LAYTON YANCEY one negro boy by the name of Aaron and the third of my lands in Jasper county, they being the South Part and the same loaned to my wife during her natural life or widowhood, all of the same belong to him and his heirs forever in the Second Item of this will.
Item 12. I devise and will that if either of my before named sons should die before they marry, or become of lawful age, then the property I have given him is to be equally be divided between all my wife's children and their heirs forever.
Item 14. I will that Simon and Ben, two negroes men, be sold and the proceeds distributed as follows (viz) to the children of my daughter (UNITY AKIN), one hundred dollars to them and their heirs forever and the residue of the proceeds of the sale of said negroes be equally divided between all my wife's children, (viz) PHEBA YANCY to them and their children forever.
Item 15. devise and bequeath to JAMES HALL alias JAMES YANCY, DELPHY KITCHENS, wife of BENJAMIN KITCHENS, LEWIS D YANCEY, Jr. NANCY BOYD, wife of ELIAS BOYD, ELIZABETH WESTER, wife of EDWARD WESTER, HANY? JOHNSON wife of JOHNSON, and SANFORD W. YANCEY the sum of five dollars each which is all I ever intend to give to them or their heirs.
Item 16. I will to LUDWELL YANCY alias LUDWELL FOSTER, to HARRISON YANCY, alias HARRISON FOSTER, to THOMAS YANCY, alias THOMAS FOSTER, WILLIAM YANCY, alias WILLIAM FOSTER, and to ANGALINE JUSTIN? formerly ANGALINE YANCY alias ANGALINE FOSTER the sum of $5 each to them and their heirs forever, which is all I ever intend to give them or their heirs.
Item 17. I do hereby constitute and appoint JOHN HORTON and my wife, PHEBA YANCY my executor and Executrix to carry into effect this my last will and testament. In witness thereof I have hereunto set my hand and affixed my seal this first day of September, Eighteen Hundred Forty-Three (1843), hereby revoking and declaring void all former wills and testaments by me heretofore made.
LEWIS D Yancy
Signed, sealed, published and declared this day and year aforesaid in presence of
JOEL W. DODSEN
Jasper Inferior Court sitting for ordinary purposes July term 1851.
The written last will and testament of LEWIS YANCY having been duly proven at this term in open court upon the oaths of JOHN CLARK & EDWARD CLARK, two of the subscribing witnesses, It is ordered that the same be submitted to record.
Recorded August 6, 1851
P.P. LOVEJOY C.C.O.