Wayne County, North Carolina
Will Book R6, Page 472-474 (Image 528- 530)
12 Nov 1828
Recorded Nov 1833
(Note: Volume 6 is not listed separately in the Family Search index but is found on the same film "roll" as Volume 5 starting at Image 273.)
It appearing to the Satisfaction of the Court on the production of a duly Certified Copy of the records of the Sup'r Court of Law for the County of Lenoir that a paper writing purporting tot be the last will & testament of Benjamin Howell, dec'd late of Wayne County bearing date 12th day of November 1828 had been duly proved & found on an issue made up according to the act of assembly in Such care made & provided to be the last will of Said Benjamin Howell and the said wife with a Certificate of probate thereon bring exhibit to this Court the Same is allowed & admitted by the Court and ordered to be Recorded. It is further ordered that letters testamentary issue to Benjamin Howell the Exo'r therein named who appears in Court & Qualifying as Exo'r of Said will.
Jno. A Green Clk
In the name of God amen I Benjamin Howell of the County of Wayne and State of North Carolina being of perfect mind and memory buy weak in body do make and ordain this my last Will and Testament revoking all former will or wills heretofore made by me in words and form following to wit
First I give to my Son in law Philip Raiford one Dollar to him and his heirs forever.
Second I Give to my daughter Penny the wife of Elia Yelventon One Negro woman Named Cherry one Negro Girl named Fan one Negro boy named Stephen one Negro Girl named Bunia which Negroes is now in the possession of Elia Yelventon also one Negro woman by the name of Henny and there increase to her and her heirs forever. Thirdly I Give to my daughter Patsey the wife of Edward Sasser One Negro woman by the name of Lish one Negro Girl named Silva One Negro boy named Ellick one Negro boy name Gilford one Negro boy named Dial one Girl named Hannah now in this possession to him and his heirs forever
Fourthly I give to my daughter Nancy wife of Lewis Powell one Negro woman named Tener One Negro boy named Eausu to her and her heirs for ever. Fifthly I Give to my Daughter Wealthy the wife of Robert Peacock one Negro woman named Fan and her Children one Negro boy named Silas now in his possession also Ten Dollars to her and to her heirs forever
Sixthly I Give to my Daughter America the wife of Morris Killingsworth one Negro woman named Monin to her and heirs in forever. Seventhly I Give to my Grand Daughter Sally the Daughter Jethro Howell dec'd Ten Dollars to her and her heirs forever.
Eighthly I Give to my daughter Polly the wife of Arthur Barden Ten Dollars to her and her heirs forever.
Ninthly I Give to James Aycock who married my Daughter Lindy Ten Dollars to him and his heirs forever also one Negro boy named Willis to him and his forever. Tenthly I Give to my Daughter Rachel the wife of William Reaves the following Negroes Namely Amy, Dorcus, Esther, Chany, Willis & Wright to her and her heirs forever. Eleventhly I Give and bequeath to the daughters of Edward Sasser One Note which I hold against sd Saser to be equally divided between his daughters the amount probily five Hundred Dollars.
Twelvethly I Give and bequeath to my son Benjamin Howell all the remainder of my property Consisting of all my lands on the South Side of Little River all my Negroes not before mentioned all my house hold and Kitchen furniture and my Stock of all Kinds Horses Hoges Cattle and plows of all Kind all the money due me and crops or crops that Growing on sd land to him & his heirs forever. Lastly I appoint my Son Benjamin Howell Executor to to (sic) this my last will and testament in witness whereof I have hereunto Sit my hand and affixed my Seal this 12 of November 1828.
Benjamin "B" Howell
Witnesses Ch's Crawford
John W. Sasser Nov Co. 1833
State of North Carolina
Superior Court of Law Sept'r Term 1833
Whereas it appears to the Court the foregoing paper writing purporting to be the last will and Testament of Benjamin Howell late of Wayne County deceased which Said paper writing exhibited at the May Term 1829 of the Court of Pleas and Quarter Sessions of the County of Wayne by Benjamin Howell the Executor therein named for probate and the probate thereof being caveated by Arthur Barden & Mary his wife James Aycock Belinda his wife William Reaves & Rachel his wife Robert Peacock & Wealthy his wife the Said Court did direct and issue to be made up between the Said Executor and the Caveators whither the paper writing aforesaid was the last will & Testament of Benjamin Howell deceased and Whereas after trial of Said issue the Said Controversy was carried up by appeal to the Superior Court of the Said County of Wayne and Whereas the Same was afterwards remanded for Trial to the Superior Curt of Green and afterwards from the Said last mentioned Court to the Superior Court of this County; and the Said issue Coming on to be tried in the Said last mentioned Court at this term it is found and declared by a Jury of lawfull men duly imannelled for the purpose that the Said paper writing is the last will and Testament of the Said Benjamin Howell deceased which Verdict is approved of by the Court now therefore it is Considered by the Court and so Ordered and adjudged that the Said original paper writing is fully proved as the will of the Said Benjamin Howell and that the Same be transmitted tot eh Court of Pleas and Quarter Sessions of the County of Wayne together with a dully Certified copy of this and order so that the Said will may be there preserved and recorded as is directed by law and Such Other proceedings be had touching the Qualification of the Executor as is right and proper upon a will duly proved.
State of North Carolina
I William Lovick Clerk of the Superior Curt of Law for Lenoir County do Certify the foregoing to be a true copy from the minutes of Said Cour . Given under my hand and Seal of office at Kinston the 24th day of September AD 1833
Will Lovick Clk
Nov Co. 1833
NOTE: Benjamin Howell's daughter, Rachel, was the wife of William Reaves of Johnston County.
See also: http://files.usgwarchives.net/nc/wayne/wills/howell1582gwl.txt