Yancey County Record of Wills Volume #1, page 417 Microfilm # C.107.80001
Last Will and Testament of Joseph Shepherd
In the name of God Amen I JOSEPH SHEPHERD of the County of Yancey and state of N. Carolina 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, to wit:
First that my Executors hereinafter named shall at my decease provide my body a decent burial suitable to their wishes and pay all funeral expenses together with my just debts howsoever or to whomsoever owing out of the first money that shall come into their hands as a part or parcel of my Estate
Item first I give and bequeath to my dearly beloved wife MARGARET A. SHEPHERD one thousand dollars in cash or cash notes one young ----- horse or a Horse worth one hundred dollars and all the household furniture that is claimed by her at this time and on condition that she wishes to remain in Burnsville that she is to have the house and lots owned by me and known as the Adams lots adjoining the buildings in lieu of the thousand Dollars during her natural life as a homestead & one hundred dollars in cash.
Item second I give and devise to my Eldest Daughter JUNE AMANDA BROYLES and her bodily children the Place where I now live including the following Boundary of land towit Beginning on a chestnut standing on the top of the main Nob above the graveyard known as Scotts Corner & runs a southeast course down the top of the ridge with NATHAN YOUNGS line to the corner of the town Tract thence a south course with the town Tract to the main road then with said Road a West course to Scotts old line then south course with Scotts old line to a white oak on A. JOBES corner then a west course with the fence & Jobes line to a stake at the crop fence then a north course with the crop fence to the road crossing the road to the end of the crop fence on the North side of the road & then with the crop fence a direct course to the top of the main Ridge then runs down between my old Place and the Sol Ray Place then a north course with the top of said Ridge to the beginning to have and to hold in fee simple forever together with my Negro girl RACHEL & her two children HARRIETT & ELBERT to have and to hold forever unto her & her children.
Item third I give and bequeath to my second daughter JULIA ANN SHEPHERD the house and all the town lots joining known as the Adams Property together with my Mulatto boy MILES, MARIAH, NEWTON & JOHNSON together with the household and kitchen furniture claimed by her together with nine hundred dollars that I first bequeathed to my wife if my wife should make choice to live on the lots named in her Item together with one horse worth one hundred dollars & two cows & calves of her choice of my stock to have and to hold to her and her children and if she should die without children or bodily heirs my will is that her property bequeathed by me be equally between her sisters and their children.
Item fourth I give and bequeath to my third Daughter CORDELIA P. ADAMS the following boundary of land to wit beginning on a white oak the old Wilson Corner at the South East end of the meadow and runs a North Course on the A. JOBES line & the line of the tract set forth in the Item second to the top of the nob at the Chestnut Corner then a north Westardly course with the tope of the ridge to the top of the Green Mountain then a westardly course with the top of the mountain to Hortens line then down the Ridge with Hortens line to a white oak corner of the ray tract then down the meander of the branch to the Pine Swamp branch to J. W. GARLANDS old line then East with the crop fence to the beginning to have and to hold unto her and her children in fee simple forever together with my boys MANSON & JULUS together a note of twelve hundred Dollars with interest on THOMAS GARDNER, deceased to have and to hold unto her and her children forever.
ITEM fifth I give and bequeath to my fourth & youngest Daughter TERRISSA E. REYNOLDS all my town lots with their improvements in the East side of the Cross Street and North side of the Public Square in Burnsville to have and to hold unto her & her bodily children in fee simple forever together with a Sixty Acre tract of land including my Improvements on the top of the Green Mountain and also AMANDA, TOM, MILLY & ALFORD my Slaves to have and to hold unto her & her bodily heirs forever.
Item sixth My will and devise is that the residue of my property & Estate of all and every description not named in the foregoing Devise be Equally divided among my four Daughters named in the foregoing Devise, the Debts of all descriptions to be collected by my Executors & the residue of my Property to be sold at Public sale and the whole to be equally divided among my four daughters & their bodily children as aforesaid after paying all lawful expenses of sales collections and providing for making good the foregoing devises.
I hereby constitute and appoint my trusty friends and sons in law ISAAC M. BROYLES & JOHN. D. REYNOLDS my lawful Executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part & --------- thereof hereby revoking & declaring utterly null & void all other will & testaments by me made. In Witness whereof I the said JOSEPH SHEPHERD do hereunto set my hand and seal this 9th day of October 1857.
Signed Sealed published and declared by the said Joseph Shepherd to be his last will and testament in Presence of us who at his request in his presence and in the presence of each other do subscribe our names as witness thereto the day and year above written