Sidney Maxwell’s Will

Submitted by Marylou Maxwell

I Sidnia Maxwell of the County of Ashe and State of North Carolina being of sound and disposing mind and memory, but being wile stricken in years and feeble in bodily health and wishing to make a proper disposition of my worldly substances and estate before my death, do make and publish this my last will and testament.

I devise and bequeath to my beloved wife Catharine one third part of all my land for the term of her natural life. Also all my house hold and kitchen furniture of every description during the term of her natural life also a child’s share equally with my children of all my personal property. Not herein other wise disposed of to be hers absolutely and at her own disposal, being her share in the division here in afterward directed to be made.

I bequeath to my daughter Elizabeth Jenkins all of my household and kitchen furniture and utensils of every description to be hers at the death of my wife Catharine.

I devise to my son Larkin Maxwell and his heirs the land on which he lives and in possession of which he has been placed by me but which I have not conveyed to him.

I devise and bequeath to my grandson Calvin J. Jenkins his heirs and assigns and all the residue of my land where ever situated, including my mills on the North Fork of New River and the Laurel Creek and on Staggs Creek and the tracts of land on which they are situated and also including, after my wife’s death, the third part of my land herein devised to her for her life, also my stock of hogs and wagon and grain and farming and mechanical tools and implements of every description and my cart wheel for hauling wood and rails, on condition that my said grandson shall maintain his mother Elizabeth Jenkins and his sister Eliza Jenkins and give them a comfortable home each so long as she shall remains single and on condition that my said grandson shall pay to the said Eliza Jenkins, my granddaughter, the sum of five hundred dollars at the age of eighteen years or within a reasonable time after she shall attain to the said age and the money be lawfully demanded.

All the remainder and residue of my property of every description including my slaves, my cattle, horses, mules and other things of value, I bequeath to be divided after the payment of all just demands against my estate, among my wife, Catharine, and children Larkin Maxwell, Sarah, wife of Robert Bumpass, Elizabeth Jenkins, Sabry, wife of Allen Perkins and the children of Rebecca, former wife of Allen Perkins, and the children of Nancy, deceased wife of William Ashley, my wife Catharine and my living children to have each an equal share and the children of my two deceased daughters to have each set aside them the share to which their mothers would be entitled if living and in case of the death of any of my living children during my life time, their share to go to their children living at my death, and the share of my daughter Sarah, wife of Robert Bumpass, to be held in the hand of my executor during her life time to her own separate use, free from the controls of her husband and not to be paid even till her death and then to be equally divided among her children and during her life time the interest of her share to be paid annually into her own hands. The property to be sold by my Executor at public auction before division and as the division of my property here in decree, and it is my will that no advance amounts made by me during my life time to any of my children or grandchildren shall be counted and that no sum shall be charged against my daughter Elizabeth Jenkins or her children for their maintenance or education which I declare to be repaid by their love and care of me in my old age and afflictions.

Lastly I do hereby constitute and appoint my trusted friend David Worth Esq. Executor of this, my last will and testament hereby revoking all other wills and testaments by me heretofore made. In witness whereof I the said Sidnia Maxwell do here unto set my hand and seal this 24th day of May AD 1853.

X (Sidniah Maxwell) His mark

Signed, sealed, published and declared by the said Sidnia Maxwell to be his last will and testament in presence of us who at his request and in his presence do subscribe our names as witnesses hereto.

W. W. Lenoire
Josh Baker

State Of North Carolina, Ashe County

Whereas I, Sidney Maxwell have made my last will and testament in writing bearing date May 24th 1853, and in as much as my Grandson Calvin I. Jenkins has left me and no longer attends to my domestic concerns which circumstances having now materially changed. I do by this my writing, which I hereby declare to be a codicil to my said will to be taken and construed as a part thereof. I will and devise that all my land wherever situated including the mills in the North Fork of New River on the Laurel Creek and Staggs Creek heretofore devised and bequeathed to my grandson Calvin I. Jenkins, his heirs and assigns also all my stock of hogs and farming implements of all kinds to be sold by my Executor to the highest bidder, and the proceeds arising from the sale of said lands to be equally divided share and share alike between my wife Catherine and children Larkin Maxwell, Sarah, wife of Robert Bumpass, Elizabeth Jenkins, Sabray, wife of Allen Perkins and the children of Rebecca, former wife of Allen Perkins, and the children of Nancy, deceased wife of William Ashley, instead as heretofore directed. Also that tract of land heretofore devised to my son Larkin Maxwell, his heirs and assigns, where on he now resides to be sold as above mentioned, and the proceeds to be equally divided share and share alike among my wife and children as above mentioned as heretofore decreed. I hereby give and devise to my beloved wife Catherine that tract of land whereon I now reside, containing about three hundred and twenty acres during the term of her natural life instead of one third part of all my land as heretofore devised and bequeathed, and that the said land be sold by my Executor subject to her dower and the proceeds arising from the sale of said land to be equally divided among all my children as before mentioned and all the share of my daughter Sarah, wife of Robert Bumpass, to be disposed of by my Executor as directed in my said will and testament of which this codicil is hereby declared to be a part.

In testimony whereof I hereunto set my hand and seal

signed, sealed, published and delivered by the said
X (Sidniah Maxwell) His mark

Sidney Maxwell to be a codicil or part of his last will and testament in the presence of us who at his request and in the presence of each other do subscribe our names as witnesses hereto

May 1st, AD. 1854
L. Stephens
Jz. Baker