03/16/2021
The enslaved man named Perry named in the 11th paragraph was born about 1828 & died after 1900 & was buried at Sandy Ridge Missionary Baptist Church Cemetery in Morven Township of Anson County.
Montgomery County NC Last Will & Testament of Edmund Deberry – Written September 19, 1859 – Probated January Term of Court in 1860;
I, Edmund Deberry, Senior of the County of Montgomery & State of North Carolina, being now in good health and of sound mind and memory do hereby make & publish this as my Last Will & Testament in manner & form as follows.
I nominate & appoint Calvin W. Wooley & William G. Deberry (my son) my Executors to this my Last Will & Testament with full power & authority to execute the same.
I leave to my wife Tempy Deberry, during her life all my lands on Clarks Creek and the waters thereof with the improvements thereon, including my dwelling house, mills, plantation tools, etc., except the tracts left to William G. Deberry and Ann Wooley and after my wife’s death, it is my will and desire that the said lands & improvements shall go to and belong to my son Edmund Deberry and my two daughters, Elizabeth Deberry and Sarah Deberry jointly upon the expressed condition that when either or both the girls might die that their interest in said lands shall be vested in & belong to my said son Edmund Deberry and his heirs, reserving to William G. Deberry the use of part of my dwelling house while he may think proper to live with his sisters to take care of them.
I will & bequeath to my daughter Ann Wooley, that part of my land lying north & west of Alexander McKinnon’s tract and south of the road leading from my creek mill to Zion Church, the dividing line from my mill tract of land to begin at said McKinnon’s northwest corner of his tract and to run due north to the said road and west with the road to Andrews line and then with Andrews line and with my line south to Lewis Scarborough’s line and then with my outlines east and north, to the beginning containing one hundred acres more or less.
I give and bequeath to my son William G. Deberry, my tract of about one hundred and twenty acres of land which I lately bought of William Wilson on Clarks Creek near my mill, being the former residence of Joseph Wilson, deceased, with all the improvements thereof.
I give to my son Lemuel Deberry the use of all that part of my tract of land in Stanly County on P*e Dee River which I bought of David Tillman and did not sell to Arthur Atkins for his benefit and support during his life and after his death, it is my will and desire that the said lands and their improvements shall go to and belong to his children and that he should possess and enjoy the same during his life.
I will and bequeath to my son Henry W. Deberry, my mill seat on the P*e Dee River in Stanly County where my river mill formerly stood and the land and water privileges and fishery attached to it as deeded to me by Henry Delamoth and also the money I advanced to him to buy land in Anson County some years ago.
I will and bequeath to my son William G. Deberry, a tract of land containing three hundred acres, located on the stony fork of Clark’s Creek which was originally granted to John Frazier and adjoining his tract of one hundred acres granted to him by the State, to him & his heirs forever.
I will and bequeath to all my children jointly all my undivided half of the gold mine lands on Island Creek which belong to me and Regina (?) McRae and also all my part or interest in the cotton factory and the lands, buildings and machinery thereunto belonging and the dwelling house and other buildings which formerly belonged to James W. McRae on Little River subject expressly to the following conditions and restrictions, that is to say, that my Executors may sell at any time at their discretion either at public or private sale all or any part of my interest in the said gold mining lands or cotton factory or they may work them or lease them or use them as they may think best for the benefit of my estate and that all the part or interest in the same that may be apportioned to my daughter Mary McRae shall be held by my Executors in trust for her benefit and support, to be used & applied as they may think best for her benefit and that any part of the proceeds of the sales or leases of said properties may be used by my Executors in the settlement of my business if they think it necessary.
I leave to my wife Tempy Deberry and my two daughters, Elizabeth Deberry and Sarah Deberry, during the lifetime of my said wife the following Negroes; Abram, Stephen, Eaton, Clary, Esther, Mima, Eli, Patience, Winny, Dave and Jim and after the death of my wife, it is my will and desire that Abram and Esther shall belong to my son Edmund Deberry and all the others to go to and belong to my said daughters, Elizabeth Deberry and Sarah Deberry.
I will and bequeath to my son Henry W. Deberry, three Negro men, whereas two of the men are already in his possession, Jim and Perry and Nelson who is currently in my possession, to him and his heirs.
I lend to my son Lemuel Deberry during his lifetime the following Negroes; Hal, Martha and Robin, and after his death it is my will and desire that they should go to his children along with their increase.
I lend to my daughter during her lifetime two Negro women by the names of Hannah and Harriett and all their children and increase that they have heretofore had or may hereafter have and it is my will and desire that after the death of her my said daughter Nancy Ann Wooley that the said Negroes and all their increase shall go to and be equally divided among all her children and the heirs of her body and her husband Calvin W. Wooley if he then should be living, to them and their heirs.
I leave to my Executors in trust the following Negroes for the benefit and support of my daughter Mary McRae and her children; two boys by the names of Ben & Frank and three girls by the names of Rachel, Agnes and Laura during her lifetime and after her death it is my will and desire that the said Negroes go to and belong to her children, the heirs of her body.
I give and bequeath to my son William G. Deberry, the following Negroes; Bob, Lewis, Ben, Maria and her child Fannie, to him and his heirs.
I give and bequeath to my son Edmund Deberry, the following Negroes; Jesse, Jack, Caleb, Margaret and Henry.
I give to my wife Tempy Deberry during her life the use of all my household and kitchen furniture and stock of horses, mules, cattle, hogs, and sheep, plantation tools, wagon cart, one buggy, and harness, or as much thereof as she and my Executors may deem necessary for her use and service and the balance to be sold at the discretion of my Executors.
I will and bequeath to William G. Deberry, Edmund Deberry, Elizabeth Deberry, and Sarah Deberry, each two feather beds, bedsteads and furniture, and to Edmund Deberry my set of carpenter and joiners tools, to them and their heirs. I also will to my son Edmund Deberry, one of my buggies and harnesses.
It is also my will and desire after the death of my wife, the stock of horses, mules, cattle, hogs, sheep and the household and kitchen furniture as she may have left to go to and belong to my son Edmund Deberry and my daughter Sarah Deberry jointly, to them and their heirs.
It is my will and desire that all such books belonging to my library as my wife and children wish to keep may be fairly and equally divided amongst them all by some persons acquainted with the value of books, all the others may be sold, by my Executors either at public or private sale or divided among them if they prefer and they are not likely to sell at a reasonable price.
It is my will and desire that all the other personal property that belongs to me not disposed of by this Last Will and Testament shall be sold by my Executors and the proceeds thereof together with the debts that may be due me and the money that I may leave on hand if any, Negroes excepted may be applied by my Executors in the payment of my debts and the settlement of my business and the balance to be equally be divided among my wife and all my children.
In witness and testimony whereof I have hereunto set my hand and seal this the 19th day of September in the year of our Lord 1859.
Edmund Deberry - Last Will & Testament witnessed by Mr. A. Zachary & Mr. W.J. Boggan