Copyright USGenNet Inc., 2014 All Rights Reserved USGenNet Data Repository Please read USGenNet Copyright Statement on this page: This Will was obtained from NC by Clydene Phillips Parsons who has a copy of the original. Transcribed, typed and contributed by Paulette Carpenter who has a copy of the original, February 2005. This document is donated to the USGenNet Data Repository http://www.us-data.org/ ONLY. It is not for inclusion in the USGENWEB Archives. This document has been tagged for verification of copying to an unauthorized site. It may be copied ONLY for personal use. =========================================================================== Formatted by USGenNet Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== Will of Martin PHIFER Jr. (son of Martin PHIFER Sr.) Cabarrus County, N.C. The Last Will and Testament of Martin PHIFER Sen. State of North Carolina Cabarrus County Be it remembered that therefore <> at a court of Pleasant thereafter sessions foresaid county at the court <> <> The 3rd Monday in January 1838, The following Wills <> bills of sale <>convey <> <> was duly proven in open court and indexed to the register of records. Pursuant the <>, Levi Hope, A.C. McKee, Jno L. Board Wills The executor of the last will and testament of Martin PHIFER, sen, with the same codicials annexed (except the last) was duly proven in open court by the oath of Jno Roger a subscribing with of thereto, and his codicial directing the division of his <> lands, was also duly proven by the oath of said J. Roger subscribing with of hereto all which is ordered to be recoreded. Jno. PHIFER, one of the Executors there in. (to Wit) In the name of God Amen. I, Martin PHIFER, of the county of Cabarrus and the State of North Carolina, being in perfect health and sound mind and memory do make, ordain and declare this instrument of writing to be my last will and testament. Informus and first of all, I commit my soul to Almighty God who gave it helping to find mercy, and as to my body, I commit it to the Earth, to be buried in a decent manner at the descretion of my Executors. As to the worldly, where with it has pleased the Almighty to bless me in this life I give, divide and dispose of the same as follows: I give and bequeth to my son John PHIFER all of the land which I hold on the waters of Cold Water Creek, in the county of Cabarrus including the land purchased of David Clary on the waters of Cold Water and Buffalo Creek partly in Cabarrus and partly in Rowan County and the appistancy there unto belonging, also the House and lote No. One in the south east square of the town of Concord, Also one fifth part of my land lying in the State of Tennessee on Falling Creek Duck River Bedford County. Also one half of two lotts in the town of Concord in the North East square bought of Rindhote Abenshire to him and his heirs forever. It is my will that in the division of land in the State of Tennessee before named, my John PHIFER shall have choice of lots. I give and bequeth to the children of my deceased son Geo. PHIFER one fifth part of my land in Bedford County and State of Tennessee to them and their heirs forever, provided always that if any of said children should die without lawful issue of their <> the portion of said deceased shall inure to the use and benifit of the surviving children, and if none of the children of said deceased shall arrive at lawful age or have lawful issue the before mentioned land in that case shall inure to the use and benifit of any children or their heirs forever. It was my <> when I conveyed a portion of my land to my son <> G. PHIFER to include all the land which I hold in the water of Coddle Creek (excepting the land recovered from William Penny) also the land purchased of James McDerork adjoining the land of Joseph ROGEN <>, also the land purchased from Geo. <> adjoining the town of Concord and Lote NO1 in the NE Square of said town, and one half of the lotts in said town purchased from Rinhote Abenshire. Now if anyh of the land here in described are not contained in said conveyance, I will and bequeth them to the children of my deceased son of Geo. PHIFER his heirs and assignes forever except the <> land. I will and bequeth to my executors in trust for the <> of my dau <> and the children she now has in many hereafter have to James Chilsop? to them and then of their heirs forever one fifth part of my land lying in Bedford Co and the State of Tennessee. Excepting from said fifth portion four hundred dollars will to Elizabeth and William Children of Wm. CRAWFORD deceased and here by empower my executor to sell or rent out said land and apply the proceeds. Then of as they may deem <> most expident for the above side I relinqish to James Childrup all my rights to the negros he took from me to the State of Alabama. I will and bequeth to my Executors in trust for the use and benifit of my daughter Mary and her children by James the sum of three hundred dollars. I will and bequeth to my grandchildren Elizabeth and William by Wm. CRAWFORD to them and their heirs forever the land which I own lying in Rowan County whick I purchased from Griffith Rutherford and Simon Motz and a small piece of land which I purchased from Geo. <> and four hundred acres of my land lying in Bedford County State of Tennessee to be taken out of the lotts willed in Trust to my Executors for my daughter Mary and children to be taken from said lote quality and nearly equal withe the remainder of the lots as practical. I give and bequeth to my said grandchildren Elizabeth and William children of Wm. CRAWFORD the following negros, old Bob, <> his son, <> Cynthia, <> Pricilla and Jack together with their increases. I will and bequeth to my grandchildren Elizabeth and William (children of Wm. CRAWFORD) a note on James Childrup for one thousand dollars and the interest due there on at my death the one half of which when collected they will retain for their own benifit the other half for the use of their Mother and Children. I give and bequeth to my daughter Margaret ERWIN one half of a tract of land lying in Lincoln County on the waters of <> Creek and one fifthe part of my lands lying in Bedford County Tennessee also one half of my lands lying in Poplar Draft purchased of Hugh Montgomery to her and her heirs forever. I give and bequeth to m daughter Ann CRAWFORD one half of my lands lying in Lincoln County on Sysler Creek also one fifth part of my lands lying in Bedford County Tennessee and also one half of my lands lying in Rowan County North Carolina on the Poplar Branch that is to say the one half of the whole tract belongs to Matthew Lock Sen. deceased and the remaining half to myself. In it is this half I have divided to my daughters Margaret and Ann to them and their heirs forever. I give and bequeth to my daughter Ann the following negros togehter with their present and future increases to wit, Fran <> Ester<> Tony and <> Children. I give and bequeth to my daughter Margaret ERWIN the following negros together with their present and future increases to wit Coty and Chilo, Petes (his son) Caleb Ben (Coty's son) Alsey and Chilo Rachel (<> Child) <> and Hector. I give and bequeth to my daughters Margaret and Ann three hundred dollars each. I give and bequeth to the children of my deceased son Geo. PHIFER the sum of five hundred dollars. I give and bequeth to my daughter Ann a looking glass and one of my <> and furniture her choice. I give and bequeth to my granddaughters Elizabeth ERWIN, Elizabeth PHIFER, (dau of Jno PHIFER), and Elizabeth PHIFER (dau of Geo. PHIFER) Each one of my <> and furniture. I will and bequeth to William A. OKinson Sen. my rights and title to a house and lote in the town of Concord conveyed to me by George Harris Sheff. I will and bequet to Jno Rico of Meadow Creek all my interst in the gold and minerals on the land of said Jno Rico. It is my will that James Childrup nor any of his children except those by my daughter Mary Sahll be intitled to a cent worth of my property directly or indirectly. It is my will that should any of children or grandchildren (through dissatisfaction) bring forward any claims against my Estate that they if and such shall forfiet any legacies here in made to them. It is my will that each of legacies herein made shale be paid out of the notes Bonds and cash on hand at my decease if sufficient if not that said cash legacies be proportionatly reduce accordingly to the deficiency. I give and bequeth to my son John PHIFER his heirs and assigns forever th residue of my property both real and personal after discharging the debts and legacies here in directed. Lastly I do hereby appoint my son John PHIFER, my sons in law James ERWIN and John CRAWFORD, Executors of this my last will and testament and I do hereby revoke all former wills by me heretofore made and do hereby publish this and this alone to be my last will and testament this 26 day of May 1828. Signed and published in the presence of Jno ROGEN (jurat) Wm. HOUSTON Martin PHIFER Sen. Signature I Martin PHIFER do make this codicial to my will above this 11th day of March 1831. It is my will that the division of my land in Lincoln County on Sisler Creek made a few years since by James ERWIN and Jno CRAWFORD shall be conclusive and I hereby bequeth the portion of said land allotted to James ERWIN to my daughter Margaret her heirs and assigns forever and I bequeth the portion allotted to John CRAWFORD to my daughter Ann her heirs and assigns forever. Item: Then I quit my claim to Elizabeth Penny widow of William Penny and to the heirs of her <> my portion in a tract of 170 acres adjoining John Penny now Ann PHIFER on Coddle Creek it being a part of the land recovered by the heirs of Martin PHIFER deceased by virtue of a decree of the Court of Equity for the district of Salisbury . Item: It is my will that the bequest to my daughters Margaret and Ann at the close of page 4 and beginning of page 5 shall be <> as there (viz) $300. dollars. Item: It is my will that my negro John shale serve my son John but serve no further and not be hired out and that my son John shall provide an easy and comfortable living for said negro in consideration for his kinship and fidelity to myself. In witness where of I have signed and sealed the same this day and year as above. March 11, 1831. Wm. HOUSTON Martin PHIFER Jun. Jno ROGEN (jurat) Martin PHIFER Sen. Signature A codicial to the Last Will and testament of Martin PHIFER. I will and bequeth to the children of Geo. PHIFER deceased the additional legacy of 400 dollars. I will and bequeth to my Executors in trust for the use and <> my daughter Mary Children the additional legacy of six hundred dollars to be under the control of my Executors and it is my will that <> <> of said legacy she inure to thee use or benifit of James Childrup or his children by his first wife. I will and bequeth to my daughters Margaret and Ann the additional sum of six hundred dollars each. I accquit all my rights and interest to a tract from Joseph Shinn to me <> <> my rights and interest to two <> from David <> to me. Lou C. <> Joh ROGEN (jurat) Martin PHIFER Sen. Signature A codicial to the Last Will and testament of Martin PHIFER Sen. I will that <> dollars be kept in trust with my Executors for myservante boys John and Bob as a compensation for the great fidelity to me. Thirty Dollars for the use of Bob and forty dollars for John. Done this 27th day of February 183? Test James E. Morrison Martin PHIFER Sen. Signature A survey of Martin PHIFERs land of 4766 acre tract made by me this Nov 9th, 1835, James M. JOHNSTON surveyor. Lot No1 Beginning at two sugar trees the NE corner of a 4766 acre tract of land belonging to Martin PHIFER marked one with the letters MP and the other MP running hence west croping a small branch at 100 poles. The N fork of fall creek at 300 poles, in all 617 to an Elm Horn <> and Ash that NW corner of said 4766 acre tract hence south 34 poles to the N. Fork of fall creek in all 140 poles to an ash <> sweet gum and <> <> for pointers, hence East crossing the dry field of <> creek at 317 poles, the Murfreesboro road at 577 in all. 617 to tow sugar trees in the East boundry line of said 4766 acre tract containing 540 acres. Lot No2 Beginning at two sugar trees the SE corner of lot No 1 running hencee West Cropping the Murfreesoror Road at 20 poles the dry fork of fall creek at 296 poles in all. 617 poles to an ash hence So. 244 poles to a cedar stake hence Eat croping the dry fork of fall creek at 45 poles, the Murfreesboro at 450 poles toa cedar two ashes and one Elm in the East boundry line of said 4766 acre tract hence 266 poles to the beginning containing 941 acres. Lot No3 Beginning at a cedar in the East boundry line of said 4766 acre tract it being the south east corner of lote No2 running hence west croping the Murfreesboro road at 767 p the dry fork of Falls Creek at 572 p in all. 617 p to a stake hence south croping the dry fork at 66p in all 257p to a red bud and two red oaks ash and Elm for pointers, hence E. cropin said road at 504p a small branch at 521p in all. 617 poles to an Elm 3 white oaks and one Elm for pointers hence back to the beginning containing 991 acres. Lot No4 Beginning at an Elm the south East corner of No3 hence West cropinga branch of fall creek at 76 poles the M. Road at 113 in all. 617 p to a red bud being the south west corner of Lote No3 hence <> 231 poles to a hickory 2 walnuts Elm and hickory for pointers hence East crossing the South branch of fall creek at 90 p. The M. Road as 407 ps in all. 617 to a white oak and black gum hence to croping a branch of fall creek at 116 poles to an Elm the beginning corner containing 891 acres. Lot No5 Beginning at a white oak and black gum running hence west croping M. Road at 160 poles, the south fork of fall creek at 52? p in all. 617 poles to a hickory 2 walnuts Elm and hickory for pointers, hence south croping fall creek at 104 p in all. 366 p to a stake with 2 pin oaks 2 black oaks one redd oak and 1 cherry for pointers it being Caleb PHIFER SE corner of a 5000 acre tract running hence East croping a small branch about 100 poles crossing again at about 60 poles hence pasting McAdams corner to the MC. Road at 376 p in all. 617 to an ash 2 sugar trees Elm and ash for pointers hence N. crossing a small branch at 148 poles MCMinville Road at 376 p in all 366 poles to the beginning containing 161? acres. I certify the above survey is correct. James M. JOHNSTON Surveyor Signature State of Tennessee Bedford County We the undersigned selected by Caleb PHIFER and Jno. F. PHIFER as commissioners to divide a tract of land owned by Martin PHIFER in Bedford County Tennessee into five parts certify that we have made said division as appear within which parts are not of equal value. No1 is estimated to be worth $4130.00 No2 $4130.00 dollars No3 $3913.33 1/3 dollars No4 $3913.33 1/3 No5 $3913.33 1/3 dollars given under our hands and saith this 9th day of November A.D. 1835 Wm. HOUSTON Caleb P. HOUSTON P C Steel Know all men by these presant that I Martin PHIFER of the County of Cabarrus and State of North Carolina having directed my two Grandsons Jno F. PHIFER and Caleb PHIFER to proceed to the State of Tennepee and divide a tract of land belonging to me in the State of Tennepee and Bedford County in the water of falling creek and my said Grnadsons having appointed Wm.HOUSTON Caleb P. HOUSTON and P C Steel commisioners who have divided said tract of land agreeable to a plate here unto annexed. I hereby allote to my John PHIFER his heirs and assigns the lote No2 as laid down on said plate. To the children of my son Geo. PHIFER their heirs and assigns the lot No1 in said platte, to my daughter Margaret her heirs or assigns the lote No3 in said plate, to my daughter Ann her heirs or assigns the lote No4 in said plate, to my daughter Mary and her children by William CRAWFORD agreeable to the conditions of my Will the lot No5 in said plate and James Childrup his children by his former wife to have no interest in said lands. Margaret R. ROGEN John ROGEN (jurat) Martin PHIFER Signature ===========================================================================