David Ward Sanders 1800-1860

Sanders Plantation .1863 . Valentine

Last Will and Testament 1860
State of North Carolina
County of Onslow
Will Book 2

In the name of God, Amen: I, David W. Sanders, of the County of Onslow and State of North Carolina, being in perfect health of body and mind, but knowing it is appointed unto all men to die, do make and ordain this my last will and testament in the following manner.

ITEM the first, I give to David, son of Docr. Philip Koonce one thousand dollars to be paid to his father Docr. P. Koonce, if alive, if not to his guardian.

ITEM the second, I give to Benjamin S. Gibson, son of Wm. J. Gibson, one negro girl by name of Sarah, the daughter of Fanny Scott, to him and his heirs forever.

ITEM 3rd, I give to David W. Sanders, son (of) Bro. Benjamin W. Sanders, five thousand dollars in money or good notes at the expiration of two years after my death, to him his heirs and assigns forever.

ITEM 4th, I direct my Executor to deliver of Bro. Isaac N. Sanders two notes I hold of his for fifteen hundred dollars each, with interest from 7th December 1854 or thereabouts, they being in part payment for the land sold him by me as Exr. of Edward W. Sanders, decd.

ITEM 5th, I give to David the son of Bro. Isaac N. Sanders, the lands whereon mymother last lived and died and the further sum of four hundred dollars for each year, beginning the 1st January 1862 and ending 1st January 1872, a term of ten years, to be expended in his education and support, to be under the direction of his father, if alive, if not then under the direction of my Exr., if or either of them if not alive, then by his guardian.

ITEM 6th, I give to my dearly beloved wife one half of all my slaves, her choice, in families, all my household & kitchen furniture, my carriage & horses, one years support for herself and family, absolutely together with the land I purchased of Edwd. S. Jones & W. T. Hill during her natural life.  This property given her to be delivered at the expiration of two years after my death.  Also, the further sum of two thousand dollars in money whenever she may wish it.

ITEM 7th, I give to my grandson Danl. L. Russell, son of my daughter (now dead) Caroline & her husband Danl. L. Russell, all the balance of my estate of every description, both real and personal but should he die with(out) leaving issue, then all his share of my property, I wish equally divided, between Bro. John  A. Sanders, Isaac N. Sanders, David W. Sanders, son of Bro. Benjm W. Sanders & David, son of Bro. Isaac N. Sanders, to them their heirs and assigns forever.

ITEM 8th, I wish my Exr. to let Jno. A. Sanders, my esteem bro. have the use of ten thousand dollars free from interest, untill my grandson Danl. L. Russell arrives at the age of twenty one years, at that time to be accounted for, to my said grandson or to my Exr. if Daniel L. Russell, Jr., should die before that time.

ITEM 9th, I authorise Danl. S. Russell, one of my executors to sell my Jones County plantation if in his discretion he should deem it best for the interest of his son Danl. L. Russell.

ITEM 9th, (number repeated apparently in error) I give Bro. Newton my gold watch.

ITEM 10th, I wish my plantation & Negroes to be kept together under the direction and control of Danl. L. Russell, one of my Exr. for two years at least, after that he to act with them at his pleasure either to farm or rent out the lands & hire out the Negroes.

ITEM 11th, I appoint Danl. L. Russell, my Exr., as his son is the principal legatee, but should he die before his son Danl. arrives at age, then I appoint my beloved Bro. John A. Sanders, my Exr. to this my last will & testament, this the 17th day of July AD 1859.

(signed) D. W. Sanders

The word interlined in Item the 8th & second line "thousand" was interlined by me.

(signed) D. W. Sanders

State of North Carolina}
Onslow County}
Court of Pleas and Quarter Sessions December Term 1860

A paper writing without subscribing witnesses, purporting to be the last will and testament of David W. Sanders, deceased, was exhibited for probate in open court by Daniel L. Russell, one of the executors therein named, and it is thereupon proved by the oath and examination of James L. Shivar and William E. Shivar that the said will was found among the valuable papers of the said David W. Sanders after his death and it is further proved by the oath and examination of three competent and credible witnesses, to wit James S. Shivar, Williams E. Shivar & Jasper Etheridge, that they are acquainted with the handwriting of the said David W. Sanders, having often seen him write, and verily believe that the name of the said David W. Sanders subscribed to the said will, and the said will itself and every part thereof, are in the handwriting of the said David W. Sanders, and it is further proved by the evidence of the three last mentioned witnesses, that the said handwriting is generally known to the acquaintances of the said David W. Sanders.It is therefore considered by the court that the said paper writing is the last will and testament of the said David W. Sanders and the same is ordered to be recorded and filed.  Whereupon the executor appeared in open court and was qualified in due form of law.
Jasper Etheridge, CCC (clerk of county court)

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