Amanuensis Monday~ Last Will and Testament John Huneycutt, 1876

 
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 Last Will and Testament John Huneycutt, 1876.¹
 
State of North Carolina}
Stanly County}
I John Huneycutt of Stanly County and State aforesaid being of Sound mind and Memory, but considering the uncertainty of 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 herein after named shall provide for my body a decent burial suitable to the wishes of my relatives and friends and pay all my funeral expenses together with my just debts however and to whoever owing out of the moneys that may first come in to his hands as a part or parcel of my estate
Item 1^st I give and devise to my beloved wife one hundred acres of land where I now live including the mill that is on it to have and to hold to him the Said Selvy [Sylvia] Huneycutt so long as she keeps my name in satisfaction for and in lieu of her dower and thirds of and in all my real Estate.
I give and devise to my youngest daughter Marcia Pressilla Huneycutt and her bodily heirs all that tract of land on which I now lives including the Mill – except the life estate of my wife devised in a former item of this my Will, Mariah Pressilla Huneycutt shall take care of her Mother as long as she lives I also give to Mariah Priscilla one cow and calf four head of sheep, four head of hogs out of this given to my Daughter Mariah Pressilla she shall pay Silvy Samira my daughter one hundred Dollars in money.
I give and devise to my daughter Faney Caroline the tract of land where she now lives to have and to hold to her and her bodily heirs forever.
I give and devise to my son George Washington all that tract of land where he now lives to have and to hold to him [and] his bodily heirs forever.
I give and devise to my son Charley Mciley all that tract of land where he now lives to have and to hold to him [and] his bodily heirs forever.
I give and devise to my son John Timothy all that tract of land he sold to Daniel C. Hinson to have and to hold to him [and] his bodily heirs forever.
I give and devise to my son Asbery Franklin all that tract of land he sold to John E. Clark to have and to hold forever.
I give and devise to my son Live [Levi] Presley all that tract of land where he now lives to have and to hold forever.
I give and devise to my son Eli Fillmore all that tract of land where he now lives to have and to hold forever.
My Will and desire is that all residue of my estate if any after taking out the devises and legacies above mentioned shall be sold both real and personal and the debts owing to me collected and if then shall be any surpluses over and above the payments of debts, expenses and legacies. That such surplus shall be equally divided and paid to my bodily heirs first giving my son Zebedee two children Calvin James? and John five dollars in Money to each one of them as their legacies in my Estate both personal and real all the balance after remaining shall be equally divided to my bodily heirs share and share alike to them and each and every one of them their Executors, administrators and assigns absolutely and forever.
And lastly I do hereby Constitute and appoint my sons Asberry F. Huneycutt and Eli F. Huneycutt to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof herby revoking and declaring utterly void all other Wills and testaments by me heretofore made.
In witnefs whereof I the said John Huneycutt do hereunto set my hand and Seal this May 24^th day in the year one thousand eight Hundred and Seventy Six.
                                                                          John Huneycutt {seal}
Signed, Sealed published and declared to be the Last Will and testament of the Said John Huneycutt in the presence of use who have subscribed our names and witnefses thereto.
Witnefs
W. H. Poplin
J. C. Gilbert
 

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John Huneycutt was born 10 May 1803 and married Sylvia F. Burris about 1837.
I haven’t determined whose John Huneycutt parents are but several on-line trees show them to be Drury and Cherrite Huneycutt. I doubt this to be true based on the 1810 census for Drury Huneycutt. 

1810 CENSUS:
Drury Honeycutt - Johnston, North Carolina
1 - Male - 16 thru 25
1- Males - 45 and over
2 - Females - 16 thru 25

There is no male in this household born in 1803 when John Huneycutt was born.
 
In addition to the  wife Sylvia, 7 sons and 3 daughters named within this Will there were other children listed in censuses that may have died or left home prior to the date of said Will.






 

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[1] "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1941-20079-19625-81?cc=1867501 : 21 May 2014), Stanly > Wills, 1868-1907, Vol. 2 > image 62 of 359; county courthouses, North Carolina.