Last Will and Testament
I, JOHN EDMUNDSON, being of sound mind and disposing memory do make and publish this as my last Will and Testament hereby revoking and making void all other wills by me heretofore at any time made
Item 1 - It is my will and desire that after my death my remains be buried in a plain and unostentatious manner and that the expenses of the same together with all my just debts be paid out of the first monies which may come into the hands of Executor.
Item 2nd - I give and bequeath unto my wife Eleanor Edmundson for and during her natural life so much of my home tract of land on which I now reside, being all my lands except the Inman tract, as she may need for cultivation with the force I will leave her, and such parts of the same as she may not need for cultivation I desire rented out by my Executor until the death of my wife. And after her death I desire that my two sons Joseph S. and Elihu Edmundson may take the whole of said tract of land jointly at ten dollars per acre if they desire to do so and the proceeds of the same to be divided equally between Mary Ann Anderson, wife of James K. Anderson, Isaac Edmundson, Margaret E. Waters (wife of) David M. Waters and all my grandchildren then living share and share alike, except Cary Gilbert & Rebecca Adams who will take only one hundred dollars each. I also give and bequeath unto my wife Eleanor for & during the time of her natural life the following slaves to wit: Henry & his wife, Pati, & their children; Alleck, Fredrick, John, Franky, Lewis, & Sanson, & Sam and his wife Rainey, and I give to her absolutely horses or mules and as much of the other stock, farming implements & furniture as she may desire & one years provisions and at her death I desire said negroes sold by my Executor on a credit of twelve months (giving the slaves the privilege of selecting masters) and the proceeds when collected, to be divided in the same way that the proceeds of my land above divided in the event that said land is purchased by said Elihu and Joseph S. Edmundson at ten dollars per acre. But if the said Joseph S. & Elihu Edmundson do not purchase the land according to the above provisions then in that event I desire the lands sold to the highest bidder by my Executors, and the proceeds of both the land & said negroes to be divided equally between my sons Joseph S., Isaac, and Elihu, my daughter Margaret E. Waters, and all my grandchildren, issue of my wife, living as well as my deceased children, then living, all to take share and share alike except Cary Gilbert and Rebecca Adams they taking only one hundred dollars each out of the proceeds of said land and negroes and Mary Ann Anderson will also share equally with said children and grandchildren in the proceed of said land and negroes
Item 3rd - I bequeath unto my step daughter, Mary Ann Anderson, wife of James K. Anderson, my negro girl, Harriet, to be delivered to her by my executors as soon as convenient after death.
Item 4th - I give and bequeath to my Grandson John E. Gilbert, in addition to his share above provided for, my tract of land known as the Inman tract estimated at two hundred and twenty acres and the following negroes, Ailsey, little Sam and Mary which I desire shall be rented and hired until he arrives at twenty one years old or marries and the proceeds applied to his education. But if he should die before he arrives at that age without otherwise disposing of it I desire said property and its increase and proceeds not consumed by him to revert to my Estate and divided between my children & grandchildren & Mary Ann Anderson in the same manner as I have last above divided a division of my home tract & the negroes in which my wife Eleanor has a life Estate. Cary Gilbert and Rebecca Adams receiving no part of the same.
Item 5th - I give and bequeath unto my Grandson Cary Gilbert my negro man Moses
Item 6th - I give and bequeath unto my Granddaughter Rebecca Adams my negro Easter and her son, Dave
Item 7th - The rest and residue of my negro property not otherwise disposed of I direct shall be divided as near as possible into four equal lots and divided between my four children Joseph S., Elihu, & Isaac, & Margaret E. Waters.
Item 8th - I wish and direct my Executors to sell such of my perishable & chattel property as have not been disposed of as soon after my death as convenient.
Item 9th - It is my will and desire that after my debts are collected by my Executor that two thousand dollars be paid by them to each of my three grandchildren John Henry, Mary Elizabeth, & Sarah Margaret 0�Neal as they severally assume at twenty one years of age or marry.
Item 10th - If there should be any surplus of my Estate after all the foregoing bequest are discharged I direct that it be divided out in the same manner that the proceeds of the land and negroes in which my wife has a life Estate as last above directed to be divided.
Item 11th - If my son, Isaac, or my daughter, Margaret E. Waters, should die without issue before receiving any part of the legacies designed for them then such part shall revert and be divided equally among my children and Grandchildren then living
Lastly I hereby nominate and appoint my two sons Joseph S. & Elihu Edmundson my Executors. Given under my hand & seal this 19th Oct 1853.
Signed, Sealed & Published in our presents
Submitted by: Ron Edmundson