In the name of God amen I Samuel Tyson of the County of Anson and State of North Carolina being at present in the enjoyment of a reasonable portion of health and of a sound disposing mind and memory Thanks to be God for the same and calling to mind the uncertanity of live & the certainty of death have made this my last will and testament (revoking all other) in maner & form as follows:
1st I have already given to my son Lemuel Tyson a cietain tract or parcel of land situated lying and being in said County of Anson on which he now lives which I value at five hundred dollars
2nd I have already given to my daughter Nancy McLendon a certain tract or parcel of land situated lying in said County of Anson now in the possission of her husband Jno McLendon which I also value at five hundred dollars
3rd I have already given to my son Uriah Tyson now in the City of New Orleans five hundred dollars in cash in the place of a tract of land
4th I have already given to my sonSamuel Tyson of Tennessee five hundred dollars in cash in place of a tract of land which I gave other of my children
5th I give unto my daughter Mary Tyson (after my decease) the tract of land on which I now live situated lying & being in said County of Anson which I value at five hundred dollars I also give her the choice of all my horses with a bridle and saddle one cow & calf one sow & pigs one choice bed & furniture one chest or trunk her choice with some other articles of household furniture ------------------------- plates dishes &C
6th I have already given to my son Merit Tyson a certain tract or parcel of land situated lying & being in said County on which he now lives the value of which I set down at five hundred dollars
7th I give unto my daughterElizabeth Smith wife of D M Smith five hundred dollars in place of land given to ------- of my other children bearing interest from 1st of January 1845 the money to be paid over to her out of the proceeds of my other property when sold & the money collected
8th I give unto my grand Son Isaac Samuel Tyson of the State of Tennessee five hundred dollars to be paid over by my Executer into the hands of a Guardian appointed for him out of the proceeds of the sale of my other property when sold and collected the amount subject to interest from the time the sale money is due
9th It is my will that my Executor as soon a practicable sell all the lands that I am seized with & possessed of at the time of my decease & not otherwise given off on a credit of twelve montha & grant title to the purchaser dividing it off in a manner that they may think best calculated to sell to the best advantage as there are several tracts It is also my wish that all my remaining stock of horses cattle hogs sheep &C with my crop of corn fodder wheat cotton household and kitchen furniture farming utensils &C that is not otherwise disposed of be sold with my lands and after paying off all my just debts the balance whatever it is to be divided between all my children
10th It is my wish that if it shoud so turn out in the course of providence that my Grand Son Issac S Tyson should not live to be or arrive at the age of twenty-one or shoud die without issue then the amt given to him in another item to be equally divided amoung my other heirs
11th It is my will that my executors sell at the same time of my other sale my Negro woman Hannah which has been & is now in the possession of D M Smith on the same credit and in case there should not be a sufficiency of money arising from the sale of my other property and the collection of all the debte due my estate to raise the amt of money called for in the several items mentioned before then sell one or more of such of my Negros as will be sufficient to raise the amt
12th It is my will that my friends Joseph Medley Jon Broad ---- and Miles W Maske if they should live & in case they should not survive me three others to be chosen by my executors to sell off & value all my Negros not otherwise given off or disposed of into five Lots the old & young ones so arranged as to place them as nigh upon an equatity as the nature of the case will admit of & drawn by my five children Lemues Nancy Mary Merit & Elizabeth & my son Uriah Tyson of N Orleans to have the amt of one lot of Negros after deducting the amount of a note which I hold against him to be paid to him out of the monies arising from the sale of my other property
13th On account of the confidence I have in my son-in-law Darling M Smith and my son Merit Tyson I do hereby constitute and appoint them executors to this my last will & Testament in Testimony whereof I have hereunto set my hand and affixed my seal this the 5th day of October in the year of our Lord 1849
Done in the Presence of Samuel Tyson {Seal} M W Maske W J T Mashe
In Testimony whereof I have hereunto set my hand & seal this 19th day of December 1850
Done in the Presence of Samuel Tyson
{Seal}
M W Maske
Joel Tyson Senr.
---------------------------------------------------------------------------------------------------------------
January Term 1851 then the will of Samuel Tyson was exhibited in
open court and duly
proven by the oath of M W Maske & W J T Maske the subscribing witnesses
thereto and the
Codicil thereto was duly proven in open court by M W Maske and Joel
Tyson Sr and
ordered to be recorded - whereupon D M Smith & Merit Tyson were
duly qualified as
Executors.