Amanuensis Monday~Will of Benjamin Graves

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
Today’s subject is the WILL of Benjamin Graves written in April 1871.¹



BENJAMIN GRAVES WILL

I Benjamin Graves of the County of Montgomery and State of North Carolina, Being of sound mind and memory but considering the uncertainty my earthly existence do make and declare this my last will and testament in manner and form following that is to say:
First – That my executor hereinafter names shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all fines al expenses together with my just debts however and to whom severe owing out of the money that may first come into his hands as a part or parcel of my estate
Item. I give and devise to my youngest daughter Queen Graves now a single woman all of my lands the tract I now am living on containing three hundred acres be it the same more or lefs. And all the cows calves steers and Bulls that I may have at my death. And all the sheep And all the hogs together with all the household and Kitchen furniture bedding and bed clothing And all the wheat corn fodder straw hay &c together with all the poletry <sic> And all other property of every description that I may be in possession of at my death to have and to hold to her and her heirs in fee simple forever.
And lastly I do hereby constitute and appoint my trusty friend Calvin Cagle my lawful executor to all intents and purposes according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witnefs I the said Benjamin Graves do hereunto set my hand and seal this 14^th day of April A. D. 1871.
Signed sealed published and }
Declared by the said Benjamin Graves}
To be his last Will and testament in the}
Presence of us who at his request and in}             Benjamin X Graves
His presence do subscribe our names }
As Witnefses thereto }
M. J. Cox }
Calvin Cagle}


Montgomery County} In the Probate Court
A paper in writing purporting to be the last will and testament of Benjamin Graves deceased is exhibited before me the undersigned Judge of Probate in and for said County By Micajah Cox one of the subscribing witnefses thereto and the due Execution thereof by the said Benjamin Graves by the oath and examination of Micajah Cox and of Calvin Cagle the subscribing witnefses thereto; who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witnefses to the paper writing now shown him purporting to be the last will and testament of Benjamin Graves That the said Benjamin graves in the presents <sic> of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date on the 14^th day of April A.D. 1870 And the deponent further saith that the said Benjamin Graves the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament and this deponent did thereupon subscribe his name and at the end of said will as an attesting witnefs thereto, and at the request and in the presence of the said testator And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of the deponents subscribing his name as an attesting witnefs thereto as aforesaid the said Benjamin Graves was of sound mind and memory of full age to Execute a will and was not under any restraint to the knowledge in form action or belief of this deponent and further these deponents say not M. J. Cox
Severally sworn                                                Calvin Cagle
And subscribed 22^nd day
Of August 1871 before me
C. C.Wade, Probate Judge
Deponent Calvin Cagle excepts to that portion of the above affidavit that states “Benjamin Graves was of sound mind & memory at the time of signing the Same                                                           Calvin Cagle
C. C. Wade
Probate Judge

Benjamin Graves was the son of Richard Graves and Hannah Fincher. He was born about 1794 in Randolph County, North Carolina. He was twice married; first to Elizabeth (LNU) and second to Nancy Woolever. Queen mentioned in his will is his daughter by his second wife – Nancy Woolever.
Benjamin Graves died  prior to 22 Aug 1871, the date of the above document signed by Calvin Cagle. You will find this date on-line as his death date. It is not his death date; he died sometime prior to this date. His actual death date would be between the date of the will 14 April 1871 and Calvin Cagle statement on 22 August 1871.  




_____________________________


[1] "North Carolina, Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1941-20061-22388-98?cc=1867501&wc=MDRJ-T38:169766801,170505702 : accessed 28 Sep 2014), Montgomery > Wills, 1868-1905, Vol. 2 > images 36 & 37 of 278.