Last Will and Testament of
dec. & Amendment or Codicil thereto, Proven Nove. 1830, copied.
Item 1st: It is my wish that my dear wife keep our children together on my farm, as she will thereby have it in her power to the better to instill unto their youthful minds the principles of virtue, and that she may be enabled to live as comfortable as possible. I hereby direct that my property be kept together for their support and to remain together on my farm until my children become of age or marry. And upon the coming of age of my sons, Neil McCallum, and John S. McCallum, it is my wish that they receive from my estate portions equal each of them to that given by me to my son, James McCallum set forth in a receipt from him to me. Upon the coming of age or marriage of my daughters, Mary Belle McCallum, Sarah McCallum, Elizabeth Jane McCallum and Xantippe Little McCallum, it is my wish that each receive a portion of my estate equal to that given by me to my daughter, Ann Brown, as set forth in a receipt executed by Joseph F. Brown and Ann Brown.
2nd: I bequeath of my son, John S. McCallum, on the death or marriage of my wife, Sarah McCallum, all the land of which I may die possessed. But during the life or widowhood of my beloved wife, it is my wish that she have all my plantations, together with all my stock of every description, household and kitchen furniture and farming utensils until my son, John S. McCallum, shall arrive to the age of 21, that she may thereby be enabled to raise and educate our children decently and live comfortable herself.
4th: Upon the coming of age of my son, John S. McCallum, it is my wish that he take upon himself the management of the farm, and all that he can make over and above a comfortable support for his mother and minor sisters, he shall take of himself as compensation for his services. When any of my children shall draw this part of my estate agreeably to the tenor of this my last will and testament, it is expected by me that they will not thereafter be gratuitously supported by the remaining and undivided part of my estate.
5th: Should my beloved wife at any time during her life or widowhood wish to live more secluded, particularly after the coming of age or marriage of our children, I bequeath to her the right of choosing one of the following situation: 1st, I give to her during her life or widowhood at the East end of my dwelling house, my kitchen, smokehouse, stable and corncrib, orchard and as much of my household and kitchen furniture as she may choose. Also my Negro boy, Tom, and my Negro Girl, Jenny, together with as much of the farm as she may choose for cultivation. OR, instead thereof, I give her during her live or widowhood the above mentioned East end of my dwelling house and furniture as above, and likewise my Negro girl, Jenny, to wait upon her, and if she prefers the latter situation, I give her during her life or widowhood that she be amply supported by my estate in addition to which, if she prefers the latter situation, I bequeath to her during her life or widowhood, seventy-five dollars per annum for her own private use, as it is the earnest wish of my soul to see her as comfortable after my death as we have lived happily while together.
6th: I desire that my carpenter's tools be equally divided among my sons, and at the death of my wife I give my books to be equally divided among my children.
7th: At the death or marriage of my wife, it is my wish that that part of my estate not already bequeathed be equally divided among all of my daughters.
8th: At the death or marriage of my beloved wife, Sarah McCallum, if my son, John S. McCallum, is of age, and if not so soon as he shall arrive at the age of 21 years, it is my wish that my two Negros, Jack and Miranda, be set free, and I do request that my sons, James McCallum, Neil McCallum, and John S. McCallum, act as guardians for said Jack and Miranda, so long as they shall live. I recommend to them in consideration of the said Jack and Miranda's having faithfully aided in serving my family, that they administer to their comfort when they shall become old.
9th: I do hereby constitute, ordain and establish this my last will and testament, revoking all others.
10th: I do hereby appoint my son, James McCallum, my Executor, and as my sons, Neil McCallum and John S. McCallum, shall become of age I also appoint them as my Executors of this my last will and testament to act in conjunction with my son, James McCallum.
In testimony whereof I have hereunto set my hand and affixed my seal this 26th day of January, 1830.
Witnesses: E. Benson, H. Benson, Neil L. Smith
Addition to Will:
I, Daniel McCallum, in addition to a Will which I made in the latter part of the year 1829, witnessed by Hardy Benson, Early Benson and Neil L. Smith would dispose of some of my property which was not then particularly named in manner following: viz, I give $100 to the use of Bethany Church to be paid in 10 annual payments. If after my death my sisters Mary and Isabell should wish to return to their friends in the State of North Carolina, I direct that my estate pay them $40 to defray their expenses in returning. This is in no way to be construed as in the least annulling or interfering with the before mentioned Will, but only as an addition to it. In testimony whereof I have hereunto set my hand and made my seal this 19th day of October, 1830. /s/ Daniel McCallum
Submitted by: David Hobbs