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Note: Will of Joseph Hart of Granville County, NC I, Joseph Hart of Granville County and State of North Carolina, do make and ordain this my last will and testament in manner and form following:
1st: My will and desire is that all my just debts should be paid by my Executors out of the first funds that come into their hands from my estate.
2nd: I am owing Milly Evans (formerly Milly Petty), Henry Petty, and Alexander Petty five dollars each which I wish my executors to pay to them or their heirs as they become of age it then being proportionable part of their father's estate.
3rd: I give to my grandson Alexander Petty either a horse worthy thirty dollars or that converted in money whichever my Executors may choose or find most convenient to advance.
4th: I give to my Son Joseph my large Bible which Mr. John Brown presented to me.
5th: I give to my Son John Hart the whole of the tract of land he now lives on which I purchased of Thomas Falconer containing by estimation one hundred acres be the same more of less to him, his heirs and assigns forever.
6th: My Son John owing Thomas Brown, surviving partner of George & Thomas Brown a sum of money and as I am desirous of securing to him a part of that debt. Therefore, my Executors are directed to pay over to the Said Thomas Brown or his legal representative the Sum of Two Hundred dollars to be deducted out of my said son John's part of my estate herein after mentioned in the 9th and 10th clause of this my will. Should his amount to as much after first paying Pomfrett Hart the sum of thirty three dollars in consequence of a loss sustained by said John Hart.
7th: My son Pleasant Hart is owing Thomas Brown a___ of Henry M. Daniel the sum of money, and I am desirous of securing to him a part of that debt; therefore, my Executors are directed to pay over to the said Thomas Brown or his legal representative the sum of one hundred dollars to be deducted out of my said son Pleasant Hart part of my estate therein after mentioned in the 9th and 10th clauses of this my will should his part amount to as much.
8th: My son Joseph Hart is owing Thomas Brown a___ of Henry M. Daniel a sum of money and I am desirous of securing to him the payment of that debt; therefore, my Executors are directed to pay over to the said Thomas M. Brown or his legal representative the sum of twenty five dollars to be deducted out of his part of my estate herein after mentioned in the 9th and 10th clauses of this my will.
9th: My will and desire is that my lands should be either sold or divided among my following named eight children and two grandsons in the following manner to wit: my son James, one tenth part of shares, my daughter Rebecca Crenshaw, one tenth part, my son John one tenth part (subject to the conditions contained in the 6th clause), my son Pleasant one tenth part (subject to conditions contained in the 7th clause), my daughter Nancy Hester, one tenth part, my son Joseph one tenth part (subject to the conditions contained in the 8th clause), my son Pomfrett one tenth part; my grandson Washington Graves, son of Ralph and Elizabeth Graves, one tenth part, my grandson Horace Loyd one tenth part, and my daughter Lydia Hester one tenth part but in case my daughter Lydia Hester die without leaving living children, her part is to be returned back to my estate and be equally divided among my above named children and grandsons agreeable to the above division to them and their heirs forever.
10th: The whole of the remaining part of my estate I wish to be either sold or divided and the money divided among my nine children and one grandson in the following manner to wit: my Son James one tenth part, my daughter Jane Loyd one tenth part, excluding five pounds Virginia currency which she has already received, my Son John one tenth part, excepting thirty three dollars which I wish deducted out of it and paid to my Son Pomfrett in consequence of a loss he sustained by said John Hart and excepting also the sum of two hundred dollars mentioned in the 6th clause; my Son Pleasant one tenth part excepting the sum mentioned in the 7th clause; my daughter Nancy Hester one tenth part, my son Joseph one tenth part excepting the sum mentioned in the 8th clause and also excepting the sum mentioned in the 11th clause; my daughter Rebecca Crenshaw one tenth part excepting fifty dollars which she has already received, my Son Pomfrett one tenth part, my grandson Washington Graves one tenth part excepting One hundred Dollars, which I wish deducted out of his share and paid to my Son James in consequence of a loss he sustained by becoming Ralph Graves security to George and Thomas Brown; my daughter Lydia Hester one tenth part but in case my daughter Lydia Hester dies without leaving living children and her children should die without issue, then her part is also to be returned back to my estate and to be equally divided among my above named children and grandson agreeable to the above division to them and their heirs forever.
11th: My son Joseph Hart is owing Cannon/Cameron? & Young the sum of sixty three dollars and Shepard and Easly the sum of twenty three dollars both of which sums I wish my Executor to pay over to them out of my said Son Joseph's part of my estate mentioned in the 9th & 10th Clauses of this my will should his part amount to as much.
12th: My will and desire is that my daughter Lydia Hester's part of my estate as mentioned in the 9th and 10th clauses shall in case she died without leaving living children return back to my Estate or in case she dies leaving children and her children should die without issue then her part of my estate is also to be returned back and to be equally divided according to the meaning and intention as prescribed in the 9th and 10th clauses of this my will; for this purpose my Executors are hereby directed to take a bond with security from my said daughter Lydia Hester (wife of Thomas Hester) for the return and forthcoming of her part of my estate upon condition she should die without leaving living children or her children should die without issue - and if at the division she refuses to execute such a bond, my Executors will consider that she has forfeited her share and proceed immediately to divide as before mentioned.
Lastly, I appoint my Sons James, Pleasant, John, Joseph, and Pomfrett and my friend Thomas Brown Executors to this my last Will and Testament. In Witness whereof I have hereunto to set my hand and seal this the 18th day of November A.D. 1828.
Signed, Sealed and Acknowledged in presence of Henry M. Daniel, Jas. Young, Francis Hester
State of North Carolina, Granville County, February Court A.D. 1829
The execution of the foregoing last will and testament of Joseph Hart, Senr., deceased, was duly sworn on oath in open Court of Henry M. Daniel, James Young, and Francis Hester, the subscribers being witnesses thereto and ordered to be recorded. At the same time came forward James Hart, John Hart, Pleasant Hart, Joseph Hart Junr., Pomfrett Hart, and Thomas Brown who are named as the executors in said will and pronounced their right of Executorship the same. Where upon administration with the will ___ on the estate of Joseph Hart Senr., Dec'd was granted to Henry M. Daniel who entered into bond $8000 with James Hart Senior and Thomas Brown, his securities and qualified accordingly.
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