williambutler

Last Will & Testament of
William Butler
Filed in Montgomery Co., NC

William Butler?s Will
Know all men by these presents that I William Butler of the County of Montgomery and State of North Carolina being of sound mind and memory and knowing the uncertainty of human life do make and publish this my last Will and Testament hereby revoking all former wills by me at any time heretofore made. And as to my Worldly Estate and all the property real personal or mixed of which I shall die seized and possessed as to which I shall be entitled at the time of my decease I devise and bequeath and dispose thereof in the manner following towit. ?
First ? My will is that all my just debts and funeral expenses shall be my Executor hereinafter named be paid out of my estate as soon after my decease as shall by then be found convenient and of the first money that may come into their hands ?
Item ? I give and bequeath to my beloved sister Elizabeth Suggs of the State of Alabama the following negro slaves and their increase - ? Dilcy and child Huldah. Rand and four children towit ? Edy ?Aunoh, Dinah and Frank ? and four children to-wit Lewis Joke Shaw and Tom Hannah and three children to-wit Joe Willie and Andy Soman Ben and Rub. These negroes together with their increase I bequeath to Elizabeth Suggs for and during her lifetime and at her death my will is that all of these together with their increase shall be equally divided among all her children. I further bequest to Elizabeth Suggs ten thousand dollars in money to be paid to her by my Executor hereinafter named out of any money that may come ? their hands after the payments of my just debts and funeral expenses, to have and to hold the same to her, her Executors, administrators and assigns foever. I further bequeath to Elizabeth Suggs one set each of ? teaspoons silver.
Two ? I give and devise to my nephew David R Cochran of Montgomery County ? the following tracts of land: to-wit: First the tract of land on which I now live containing some six hundred and sixty-five acres more or less. Second the tract known as the Howard tract containing two hundred and ? acres more or less. Third the tract known as the ? tract containing two hundred and fifty acres more or less. Fourth the tract known as the Morris tract containing one hundred and sixty-seven acres more or less. To have and to hold each of the four tracts above described to him David R. Cochran, his heirs and assigns forever. I further give and bequeath to my nephew David R. Cochran the following negro slaves and their increase, Spencer Violet and four children; to-wit Ala ? and Cosher Lind and Harry to have and to hold the above negroes and their increase and the said David R. Cochran his heirs Executors administrators and assigns forever. I further give and bequeath to my nephew D. R. Cochran all my house hold and kitchen furniture forever, and blacksmith tools of every description and also my gun and money safe to have and to hold forever.
Item. I give and bequeath to Calvin Cochran his heirs, executors, administrators and assigns forever the following negro slaves to wit: Daniel and Chisby {Chisley?}: any ? that the aforesaid slaves David and Chisby that I have be given then to my nephew Calvin Cochran ? be liable for any debt or contract which the said Calvin Cochran has heretofore made or may hereafter make. My will further is that the profits arising from said slaves shall not be liable for any debt or contract heretofore made by the said Calvin Cochran or which he may hereafter make. And if any creditor for any debt or contract which the said Calvin Cochran has heretofore made or may hereinafter make shall levy an execution on the negroes aforesaid or attempt by any process of law to obtain the profits arising from their labor, then my will is that the aforesaid negroes Daniel and Chisby shall go back into my estate and form a part and parcel thereof.
Item. Having no confidence in Spencer Holtom the husband of my niece Tamar I give and bequeath unto Calvin J. Cochran his heirs Executors administrators and assigns forever the following negro slaves Deb and two children to-wit: Bob and Bit and their increase in special trust and confidence never the less that he and they will hold the same for the sole and separate use and benefit of my niece Tamar Holtam during her natural life in such manner that the same shall in no event be subject or liable for the debts or contracts of her husband Spencer Holtam. My will is that Calvin J. Cochran his Executors administrators and assigns if he or they think it well and prudent, shall allow my niece Tamar to have the control over the ? said negores and their increase either to work them on a farm or to hire them out ? my Will and desire further is that if my niece Tamar should have any child or children by her in ? marriage with Spencer Holtam, then at her death the above property shall be equally divided between them ? ? if at her death there should be no child or children at the issue of such surviving her then my Will is that the above property and the increase shall go to my Niece Martha who intermarried with M. A. Munroe and to be enjoyed and used by her during her natural life and at her death to be equally among all her children divided.
Item. I give and bequeath to Calvin J. Cochran his heirs executors administrators and assigns forever the following slaves and their increase: Amy and child named Philis and one negro boy John is special trust and confidence nevertheless that he and they shall hold the same for the sole use and benefit of my niece Louisa who intermarried with Neill Gillis during her natural life in such manner that the same shall not be subject or liable to the debts or contracts of her said husband ? and at her death my Will is that the aforesaid negroes and their increase shall be equally divided among the children of Louisa. My Will further is that said C. J. Cochran his heirs executors shall permit the aforesaid negroes to be worked and controled by the said Gillis and proceeds arising from their labor be appropriated by him to the support and maintenance of his family.
Item. I give and bequeath unto Calvin J. Cochran his heirs executors administrators and assigns forever the following slave property, their increase ? and two children to-wit Warrin and Isaac and Mary, in special trust and confidence nevertheless that he and they will hold the same for the sole and separate use and benefit of my Niece Martha who intermarried with Malcom A. Munroe and during her natural life in such manner that the same may in no event be subject to the debts or contracts of her said husband. My will further is that C. J. Cochran his heirs may suffer the aforesaid property to be controled and managed by the said M.A. Munroe if they shall think it wise and prudent and at the death of my niece Martha then my will and desire is that the aforesaid slaves with their increase shall descend equally to her children.
Item. To my grandniece Mary C. Cochran I give and bequeath one negro girl Alsy and her increase and if Mary C. shall die having no child or children surviving her then my will is that the aforesaid slave and increase shall go to her sister Louisa Cochran.
Item. To my grandniece Louisa Cochran I give and bequeath one negro girl Caris and her increase and the said Louisa shall die leaving no child or children surviving her then my Will is that Covis and increase shall go to her sister Mary C. Cochran. My will further is that if the said Mary C and Louisa should die leaving no child or children surviving them Alsy and Covis together with ehtire increase shall go to my nephew David R. Cochran.
Item. I give and bequeath to William B. Coggins one negro boy named Sam forever.
Item. To Burrell T. Coggin I give and devise one tract of land lying at the ?? {Grosy Fork?} known as the Hicks Old Field containing one hundred and fifty acres more or less to have and to hold to him and his heirs forever.
Item. To James O. Bruton I give and bequeath one negro boy by the name of Sandy forever.
Item. My will and desire is that my executors hereinafter named shall appropriate five hundred dollars out of my estate for the purchasing and erecting suitable monuments and fencing over and around my ? grave and that of my beloved wife.
All the rest and residue of my property both real personal and mixed of which I shall die seized and possessed or to which I shall be ? at my death, my will and desire is that my executors hereinafter named shall sell and that the money on hand and the proceeds arising from the sale of the property after pay off the funeral expenses the debts and ? legacies shall be equally divided between Elizabeth Suggs, David R. Cochran, Calvin Cochran, Tamar Haltom, Louisa Gillis, Martha Munroe, Mary C. Cochran and Louisa Cochran, and my will is that whatsoever ? of this residue of Calculation is ? going to Tamar who intermarried with Spenser Holtom, Martha who intermarried with Malcom A. Munroe shall be placed at the hands of the trustee who respectfully shall have in charge the Legacies as given to them in this my will. And that the trustees use the same for the sole use and benefit of them respectively just as he was directed to do ? preference to their legacies ? and there are to ? first as their legacies ? whatsoever share of this residue is found going to Calvin Cochran he is receive it just as he did the legacy given to him in my last Will and testament and if he is ? by any creditor for any debt or contract heretofore made or which he may hereafter make then my will is that this residue shall descend just as the legacy ? my will is that Jonathan Worth be the Counselor to my Executors hereinafter named in evening up my Estate. And lastly I do nominate and appoint David R. Cochran and Neill Gillis to be the ? Executors to this my last will and testament.
In testimony whereof I the said William Butler of the County of Montgomery and State of North Carlina have to this my last Will and testament subscribed my name and affixed my seal this the 7th day January A.D. 1863.
William Butler X his mark

Signed Sealed and published.
Published and declared by the said William Butler as and for his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses thereto. Calvin W. Wooley, Malcom Mushisan
Montgomery County Court October Session 1866.
There this Will was duly proved in open court by the oath and examination of Calvin W. Wooley and Malcom Murchison subscribing witnesse thereto and it was entered by the ? that said Will be recorded. C. C. Wode Clerk
In the Matter of the Administration of the Estate of William Butler, deceased,
Before C. A. Armstrong, Clerk Superior Court, K. M. McIntyre being sworn, doth say: That William Butler, late of said County, is dead, leaving a last will and testament and that Neill gillis is the executor named in said last will and letters testamentary were duly issued to the said Neill Gillis as executor of said William Butler; further that the said Neill Gillis died intestate in Montgomery County about the year 189_ without leaving any last will and testament and before ? final settlement of the estate of his said testator. That K.M. McIntyre is the ? entitled to letters of administration de bonis non cum testamento annexo upon the estate of the said ?
Further that the value of said estate, so far as can be ascertained at the date of this application, is nothing; that there was no property belingong to the estate of the sadi William Butler, Deceased at the time of the death of Neill Gillis Executor and no property belonging to said estate ? that since the death of Neill Gillis suit has been brought by the heirs of Wm. Butler entails expense upon said estate. That Elizabeth Suggs, David R. Cochran, Calvin Cochran, Tamar Holtom, Louisa Gillis, Martha Munroe, Mary C. Cochran, Louisa Cochran, Wiliam H. Coggins, Burrell T. Coggin, James O. Bruton, are entitled as heirs and legatees thereof.
Sworn to and subscribed before me, this 9th day of July, 1901. K. M. McIntyre.

Montgomery County, NC
District Court Record Books, Pages 136-142
Close of estate ? County Court Record page 26
Transcribed by Paula White 11/99.