Will, NC, Rutherford, George McKinney 1853 In the name of God Amen. I GEORGE MCKINNEY of the county of Rutherford and state of North Carolina being of sound and disposing mind and memory must be to God do on this 10th day of May A. D. 1853 make, publish, and declare this to be my last will and testament and manner following. Here by revoking all former Wills or clauses of Wills made by me. ITEM 1st I will and bequeath unto my beloved wife MIRA [MCDOWELL MCKINNEY] my negro girl CHARLOTTE which I agreed by a marriage contract entered into between her and me before our marriage to give her. ITEM 2nd I give and bequeath unto my son JAMES MCKINNEY my negro boy ANDREW. ITEM 3rd I give and bequeath unto my daughter MARY [MCKINNEY] SUTTLE my negro girl SARAH and the debts which her husband JOSEPH SUTTLE is to pay me for money paid for the land on which he now resides and the balance of the price of Mill which he purchased from me. ITEM 4th I give and bequeath unto my daughter NANCY [MCKINNEY] WALKER my negro girl MELINDA. ITEM 5th I give and bequeath unto my daughter ELIZABETH [MCKINNEY] CAMP my Negroes PRIMUS, NICEY, her child SOFA for and during her natural life and at her death to be sold and equally divided between my other children. ITEM 6th I give and bequeath unto my son THOMAS MCKINNEY $200 in trust for the sole and separate use and maintenance of my daughter JANE [MCKINNEY] MORRIS to be managed as hereinafter specified. ITEM 7th I give him bequeath unto my sons JOHN M. MCKINNEY and THOMAS MCKINNEY and their heirs my home tract of land to be equally divided between them share and share alike. ITEM 8th I will and bequeath unto my son THOMAS MCKINNEY my negro boy HENRY. ITEM 9th I will hand direct that my executor shall sell all the rest, remainder and residue of my property both real and personal on a credit of 12 months and apply the proceeds arising from said sale together with what money or other effects I may have at the time of my death as follows, to wit: That he pay to: JAMES MCKINNEY $750 MARY SUBTLE $750 NANCY WALKER $750 ELIZABETH CAMP $750 and to THOMAS MCKINNEY in trust for the safe and separate use of JANE MORRIS $750. And after paying those amounts should there be any excess over and above I will that it will be equally divided between all my children and the share of JANE MORRIS be held in trust by THOMAS MCKINNEY, in trust for her sole and separate use and maintenance as above. Page 1 of 5 ** PAGE BREAK ** Will, NC, Rutherford, George McKinney 1853 And whereas I have hereunto by deed of gifts conveyed certain Negros to my son THOMAS MCKINNEY in trust for the sole and separate use and maintenance of my daughter JANE MORRIS, which negro by my desire and approbation have been and remained in my possession ever since, and my son THOMAS may thereby be made liable for the hire of said Negroes, to the said JANE, and whereas it is my will and desire to keep him harmless in this matter, I do therefore declare it to be my will that in case the said hire should be demanded and recovered, of the said THOMAS MCKINNEY, it shall be paid first out of the fund herein bequeathed to the said THOMAS MCKINNY in trust for the use and benefit of the said JANE MORRIS, and if that should not be sufficient for the purpose of discharging said demand and recovery, together with the costs accruing thereon, he shall be allowed to pay the same out of any funds arising from the residue of my estate which funds be he is hereby authorized to retain in his own hands until this matter is settled by a release from the said JANE MORRIS and her husband, or in some other manner that will entirely protect my son THOMAS. And after this matter, in regard to the hire of the said negro, for the time they shall remain with me as above is settled it is my will that my son THOMAS invest the funds herein bequeathed to him in trust for the use and benefit of my daughter JANE and such property as he may think most for her benefit and allow her to use thereof and the same at interest and annually it collect and pay the interest to her or expend the same under her direction. ITEM 10th Should I die anytime during crop time it is my will that all the property should be kept on my Plantation until the crop is made and gathered. I do hereby nominate constitute and appoint my son THOMAS MCKINNEY my executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal the day and date above written. GEORGE MCKINNEY {seal} Signed Sealed published and declared in the presence of us. The words “the sole and separate use of” interlined before signing JOHN L. MCDOWELL MUELLER MCKINNEY Page 2 of 5 ** PAGE BREAK ** Will, NC, Rutherford, George McKinney 1853 State of North Carolina Rutherford County Court of pleas and quarter sessions August term 1853 The within instrument was presented in open court for probate as the last will and testament of GEORGE MCKINNEY, deceased. JOHN L. MCDOWELL, one of the subscribing witness, was upon being duly sworn proved the due and solemn execution of the same. It was therefore ordered to be recorded and filed away. THOMAS MCKINNEY, the executor therein appointed, appeared in court and was duly qualified and obtain letters testamentary and order of sales presented. J. G. BYNUM, M. BEAM and J. GILKEY Esquires on the bench Certified R. L. GILKEY, Clerk possibly in our Page 3 of 5 ** PAGE BREAK ** Will, NC, Rutherford, George McKinney 1853 GEORGE MCKINNEY Last Will May 10th 1853 August Court 1853 Recorded: Will Docket and page 247 and Estate Book page 604 Page 4 of 5 ** PAGE BREAK ** Will, NC, Rutherford, George McKinney 1853 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 5 of 5 ** PAGE BREAK **