In the name of God, Amen, I, Thomas Shepherd, Senior, of Macon County, North Carolina, being of sound body and perfect mind and memory, Blessed be God, do this twenty second day of April in the year of Our Lord One Thousand Eight Hundred and Forty One make and publish this my Last Will and Testament in the manner following, that is to say,
First, I give and bequeath to my beloved son, Joseph Shepherd, a negro woman by the name of Fillis, a negro girl by the name of Salle and sall also Mariah Rachel, also a negro boy by the name of Anderson, also a girl by the name of Betsy, another girl by the name of Mariah, another girl by the name of Manda and Harriett and another boy by the name of Bob, also Sam.
I also bequeath to my son, Elijah Shepherd, a negro woman by the name of Jinn, and a boy by the name of Harry, also a girl by the name of Salle, this is Jinn's youngest child, also a boy my the name of Will. I also give to my son, Elijah, all the land that I claim where he now lives (to wit) six tracts that my deed covers.
I also bequeath to my son, Thomas Shepherd, a negro man by the name of Dick, also Dick's wife by the name of Vitel, also Vitel's Salle and all her children, and a negro boy by the name of Leander and a boy by the name of Squire, and a boy by the name of Nelson, and another Zackery, and Alford, and Jason and Burton. I also will my son, Thomas Shepherd, Junior, all the tracts of land that myself and Thomas bought in Co., and also all the land that I have and possess or have any title to in District No. 10, which land is lying on Cowee Creek and its waters, and is in different tracts, all of which is to belong to him, the said Thomas.
I also bequeath to my son, William Shepherd, the following lands (to wit) one tract of land in District No. 11and Section 1d1, containing 140 acres, also a part of the tract of land purchased in Co. with myself and George Dickey. I will that Dickey make the right of my part of that tract to William Shepherd, a negro boy by the name of Ben, also a boy by the name of Little Dick.
I also bequeath to my daughter, Nancy Hurst, a negro woman by the name of Sealy, also another woman by the name of Lucinda.
I also will to Susannah Bradley, my daughter, a negro boy by the name of Sam, also a negro boy by the name of Lucinda.
I also will that my son, Thomas, pay to the heirs of Martin Angel which he had by Rebecca, my daughter, One Hundred and Fifty Dollars to me paid in some good trade at the country selling price.
I also will that my son, Joseph Shepherd, pay One Hundred Dollars to my son, John Shepherd, in some suitable trade. Also that my son, Joseph Shepherd, pay Elizabeth Wilson One Hundred Dollars in some suitable trade. I further will to my son, Thomas Shepherd, all my part of the stock of all kinds, horses, cattle and hogs. And after my funeral charges and all my lawful debts are paid, I hereby make and ordain my worthy friend, Jonathan Phillips, and Thomas Shepherd, Jr., my Executors to this my Last Will and Testament. I have hereunto set my hand and seal this day and date first above written. Signed, sealed, published and delivered by Thomas Shepherd, Sr., the Testator, as his Last Will and Testament in the presence of us who was also present at the time of signing and sealing thereof.
Wit: Wm. McConnell Thomas Shepherd (Seal) Robert A. Phillips
Agreement between the Heirs of Thos Shepherd North Carolina Macon County
Know all men by these presents that whereas The late Thomas Shepherd Senior deceased made & hath left a last will & Testament disposing of his effects unequally amongst his children with which some have been dissatisfied now that there by no further difficulty or contention in the matter we Thomas Shepherd, Joseph Shepherd, Elijah Shepherd, John Shepherd, William Shepherd, Martin Hurst, Asa Bradley & Elizabeth Wilson, and by these presents do bind ourselves to make the following amicable disposition of the matter Viz 1st Thomas Shepherd is to have all the property left him in Said will by making the following allowance to Asa Bradley & Martin Hurst To Asa Bradley three tracts of Land two on which Bradley now lives & one Joining above and to Martin Hurst one Tract of Land where Elijah Shepherd formerly lived on Cowe also one note on Said Hurst for $76.50 and to William Shepherd one Tract of Land lying Joining (?) Wm Shepherds land & a negro boy named Will An Joseph Shepherd is to hold all left him in the will except the following The Said Joseph Shepherd agrees to let John Shepherd have five good mules and a good wagon and Thomas Shepherd is to have all left to him except the following He agrees to give to Elizabeth Wilson a negro woman named Sal & her two children & a Sorrell horse and all the others are to have all the property left for them in the will and we do hereby Covenant & agree that with the foregoing distributions of the effects of The Said Thomas Shepherd Sen. dec'd we will be content and this agreement shall on each of our parts forever bar any further litigation on the Subject In witness whereof we hereunto Set our hands and Seals this 13th day of September 1842
Thomas Shepherd (SEAL) Jos. Shepherd (SEAL) Elijah Shepherd (SEAL) Martin Hurst (SEAL) John Shepherd, X his mark (SEAL) Asa Bradley (SEAL) Wm. Shepherd, X his mark (SEAL) George Wilson, X his mark (SEAL) Elizabeth Wilson (SEAL)
Sealed & reacknowledged by all the parties 15th Sept 1842 Test. N. W. Woodfin
PS After the above had been Signed by the 1st Six & attested by H. G. Woodfin it was agreed to be altered as interlined (JE) in respect to Elizabeth Wilson Share giving her the negro woman Sal & her two children & the Sorrell horse instead of that Stricken out & adding to William Shepherd the negro Boy Will before Signing by the others it was reacknowledged by all the other Six who were together & present also altered by Striking out the Heirs of Martin Angel Sept 15 1842. Atest. N. W. Woodfin
This will was proven in open court by the oath of Robert A. Phillips a Subscribing witness thereunto at the September court 1842.