Image created and Copyrighted © April 2002, by Gary Flesher
Home of Peter Clemmons, built c1800
Clemmons, Forsyth County, NC
For more on Peter Clemmons family,
See wills of Peter Clemmons & Comfort Clemmons below
Click here
vflesher@onemain.com
Peter Clemmons’ will
November session 1815, Rowan Co North Carolina
I Peter Clemmons Senr of Rowan County and state of North Carolina being in Reasonable state of health and in as perfect mind and senses as I ever was favored with, but believing that I must Shortly leave this Stage of action, but as it is uncertain with me what Hour it may be I have thought it best to Settle my business before that hour cometh by making my will and divide what little I have gathered of the things of this world to my dear wife and children in the following manner (Viz)
In the first place, I will and Bequeath to my beloved wife Comfort Clemmons during her natural life or widowhood, or as long as she is pleased to live herself without rinting, selling or leasing to any persons else, my dwelling room and cook room, my Smoke house and grainery and the use of half of my barn and Stable, also the sole use of my Two little orchards and my two inclosed Meadows joining my two orchards. Also I will and Bequeath unto her the priveledge of firewood and rail timber for to take off my land which I shall in the following lines will to my son Benton, for him to have the priveledge without any hindrance from my son Benton to get off the land what I will to him a sufficiency of fire wood and rail timber to keep up her enclosed orchard, and said two meadows as long as she lives or remains my widow and pleased to keep it herself without renting leasing or selling, for any time to anybody or person else, also I will and bequeath unto my beloved wife Comfort Clemmons and to her own use and disposal forever her Cubord with all it contains, also my best Table with a little of plates, dishes, basons, knives & forks and chairs for the needfull use of her room, also I will and bequeath unto my wife for her own use forever two of my best feather beds with all their furniture, also two of my best milk cows and their calvs, also four sheep and my young Gray mare and my Carriage, these things to be for her own use and disposal forever, also I will give and bequeath unto my beloved wife for her own use and disposal forever Eight hundred dollars in cash, if it is not in my purs at the day of my death for it to be paid to her by my Executors out of the first money collected to that amount, this is all that I will and Bequeath to my beloved wife for her to have out of my little estate in this world Amen
And Secondly I will and Bequeath unto my son Benton Clemmons my ____ plantation and that Improvement with House and orchards which I last sold to Wilie Jones, and bought it back again, this to be for his proper use forever, also after his mother’s death or Marriage or her giving up and leaving, I will and Bequeath unto my son Benton, all my home Planation tract of land where I now live on with all the Improvments belonging thereunto for him to have it for his own use or free Disposal forever, also all such things as I have given him or shall give him in my life time, which is my will as called his own by me in my lifetime, but if I am taken away before my Son Benton Clemmons one bed and furniture a cow and calf that this shall be given to him out of before my Estate before it sold any any part of it, this is all that I will and bequeath to my Son Benton Clemmons unless my estate when sold rise to a larger amount than what I will to my daughters Amen
Thirdly I will unto my daughter Siner which is married to Joseph Douthit, my Tract of land lying on the west side of the Yadkin River which I bought of Samuel Job to be my Daughter Siners & her heirs forever with all the improvements belonging to it, and my River Bridge with all the benefits thereof forever Amen
Fourthly I will and Bequeath to my daughter Polly Mendenhall, which is Richard Mendenhalls wife all that tract of land which I purchased of James ______ Senr. Containing Two Hundred Acres which is (the rest of this line is smeared)
The Improvments belonging to said tract of land, said tract of land I will and bequeath unto my daughter Polly Mendenhall Four Hundred dollars to be paid her out of my estate in cash which it can be collected by any Executors, and this money to be for her own use, and her own free disposal forever
Fifthly I will that my mill with the land which I bought of John Douthit and Thomas Douthit and Benton which lies in Stokes County with my cotton machine and saw Mill, said land with all improvments belonging to them to be sold at public Sale and also all my movable property of every difinition to be sold for Cash, to be divided in the following manner, if it amounts to Five Thousand, Six Hundred dollars more than what is above willed to my beloved wife and daughter Polly Mendenhall, and after Siner Douthit after paying all my just debts, I say after this is done it it amounts with all my debts due to me to five Thousand Six hundred dolllars, I say for this Sum to be divided as will be mentioned in the following lines, but if it does not amount to that Sum that Sum or whatever the amount is under that sum my will is that it Shall be divided wequally amongst my other Sivin daughter, and one equal part when divided in Sivin parts to be given to my Two grand daughters, the daughters of my deceased daughter Rabecca Stanly which was the wife of William Stanly (that is to say) that amount or under to be equally divided unto Seven parts which if it amounts to five Thousand Six hundred dollars my will is thus, Eight Hundred dollars to be for Sarah Hunt, my daughter and Eight Hundred dollars to my daughter Rachel Johnston, and Eight Hundred dollars to my daughter Comfort Chaffin, and Eight Hundred dollars to my daughter Ann Jones and Eight Hundred dollars to my daughter Sarah Huffman, and Eight hundred dollars to my daughter Lidia Dilling, and Eight Hundred dollars to be equally divided between my Two Grand daughters which is the daughters of my deceased daughter Rabecca Stanley (that is to say) Four hundred dollars to my grand daughter Dianna Stanly and Four Hundred dollars to my grand daughter Susanna Stanly, but if my Estate does not amount to the above Sum of Five Thousand Six Hundred dollars, whatever it does amount to for it to be equally divided between my daughter Susa Hunt, Rachel Johnson, Comfort Chaffin, Ann Jones, Sarah Huffman and Lidda Dilling and One Seventh part to be equally divided between my Two grand Daughters named Dianna and Susanna Stanly, this above is what I will to my Daughters and grand daughters according to their names as is aboved named again.
As to my Son James and my Son Peter, my Son John and my Son Ezekiel, I have already given them in Land with other favours all that I can spare to do Justice to my other children, but in case that my estate after my Just debts is paid arise to be more and above Five Thousand Six Hundred dollars which is to be Divided amongst my above named Duaghters and grand daughters, I say if my estate when sold should arrise in amount and sum above the Sum afore mentioned Five Thousand Six Hundred dollars then my will is that all the above amount that is over and above the Five Thousand Six Hundred dollars, Shall be equally divided between them, (that is to say) the first share to James Clemmons, 2nd to Peter Clemmons, my son, 3rd to John Clemmons, the 4th to Ezekiel Clemmons, the 5th to Benton Clemmons, the 6th to Susa Hunt, the 7th to Comfort Chaffin 8th to Polly Mendenhall, the 9th to Rachel Johnson, 10th to Siner Douthit, 11th to Ann Jones the 12th to Sarah Huffman 13th to Lidda Dilling the 14th Share to be equally divided between my Two grand daughters.
The afore and above written will according to the named division is my last will and Testament in dividing what little it hath pleased God to give me by my industry and the industry of my beloved wife and children of the things of this world, which I have endeavored to divide under all considerations in my judgment as Justly and equally as the nature of Such things will bare and so I end in my trust Sence and reason, by appointing my Son John Clemmons and my Son Benton Clemmons to be the Executors of this my last will and Testament forever Amen
Said as my own hand writing is Sufficient Witness to proove this my will, I think it best to sign and seal this my will this Twenty first day of the Fifth Month 1812 without calling any of my neighbours to be Witness as my own hand can be proven by many if this was disputed, but I think that none of my children or my wife will or can dispute it.
Peter Clemmons Senr (Seal)
Comfort Clemmons' will
In the name of God Amen I Comfort Clemmons widow, of Clemmonsville County of Davidson state of North Carolina being weak in body but of sound and perfect mind and memory (considering the uncertainty of this mortal life being of sound ?) Blessed be Almighty God for the same, I do make and publish this my last will and testament, in manner & form following- (That is to say) Viz.
First of all my will is that my burial expences be paid out of my estate. Secondly that my will is that my just debts be paid out of my estate-
Item, I give & bequeath unto my son James Clemmons One hundred & thirty dollars.
Item I give & bequeath unto my son John Clemmons one hundred & thirty dollars.
Item I give and bequeath unto my son Ezekiel Clemmons one hundred dollars-
Item I give and bequeath unto my son Benton Clemmons one hundred and thirty dollars.
Item, I give and bequeath unto my Daughter Siner Rea's heirs Viz Stephen Douthit, Benton C Douthit, and Alpha Douthit Forty three & one third dollars each-
Item I give and bequeath unto my daughter Lydia Dillon One hundred & thirty dollars-
Item I give and bequeath unto my Daughter Rachael Johnson or the heirs of her body one hundred dollars.
Item I give and bequeath unto my daughter Polly Mendenhall or the heirs of her body one hundred dollars.
Item I give and bequeath unto my Daughter Comfort Phelps one hundred dollars to be equally divided between her and her three Children Viz Twenty five dollars to be paid to her by my Executors when collected & twenty five dolllars to be put out on interest and to be equally divided between Anna Hunt, Dick'son Chaffen and Arthur Chaffen which is to be paid out to them by my Executor as they come of age with the lawful interest of each ones part &
Item I give & bequeath unto my grand Daughter Roda Hunt now Hite fifteen dollars.
Item I give and bequeath unto my grand daughter Susannah Hunt Twenty three dollars.
Item I give & bequeath unto my four grand sons Viz Peter Hunt, James Hunt, Eleazor Hunt, and Pleasant Hunt, twenty three dollars cash. Item I give & bequeath unto my three grand children Jenetta Alison Jones, Lucretia Jones, and Anna Jones One hundred & thirty dollars to be equally divided between them & for my Executors to pay each ones part with the interest & to keep it out on interest until each one comes of age, and then to pay to each one their equal part with the interest arising out of it as they come of age.
Item I give & bequeath unto my three grand children Viz Lydia Huffman, Nancy Huffman, & Susannah Huffman One hundred dollars to be equally divided between them both Principal and interest as they come of lawful age to be paid to them by my Executors. I give and bequeath unto my daughter in Law Unie Clemmons one Set of Ivory handled Knives and forks together with my Carving Knife & fork.
Item I give & bequeath unto my daughter Lydia Dillon two Silver ladle Spoons.
Item I give & bequeath unto my daughter Polly Mendenhall one set of Silver teaspoons.
Item I give & bequeath to my grand daughter Anna Jones one white counterpen which her mother wove.
Item and as to my son Peter Clemmons I have already given him one hundred dollars, which is all I intend for him to have of my estate unless my Estate should arise over and above what I have already willed away if he should be living to have an equal distributed share of the remaining part of my Estate.
Item my request is that all my property of every description that is not willed away be sold on a reasonable credit by Executors & after the above amount willed away is settled and complied with, the balance of money arising from the sale to be equally divided among my surviving Son & Daughters. Lastly I ordain and appoint my beloved sons John & Benton Clemmons my sole Executors of this my last will and testament and hereby revoke all former wills by me made in witness whereof I have hereunto set my hand and seal this fifth day of January in the year of our Lord One thousand Eight hundred & twenty eight.
her
Comfort x Clemmons (seal)
mark
Signed, sealed & disclosed by the above named Comfort Clemmons to be her last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator
Evander McIver
Wm Clemmons