February Term 1863
North Carolina, Robeson County
Court of Pleas and Quarter Sessions
# 125
Research by Mary Markley
April 2004
In The Name of God Amen
I Roland Mercer----- of the County of Robeson & State of North Carolina Being of sound mind yet feeble in body, taking into consideration the uncertainly of human life do make publish this to be my Last Will and Testament on this 22nd day of January in the year of our Lord One Thousand Eight Hundred and sixty three in manner & form following (viz)
Item 1st I consign my mortal remains to the earth & my soul to God who gave it.
Item 2nd That all my just debts be paid & funeral expenses & the balance of my real & personal Estate be divided among my children & wife Eliza Mercer as follows -
Item 3rd Unto my wife Eliza Mercer I give and devise the following land beginning at a stake, on the North side of the swamp in Rosa Ann Phillips line, opposite the mouth of the lane and run down the Swamp to her corner thence a Southwest direction to the Western line of the Rhodes Land. Thence along that line ( Rhodes’) to Hammonds Corner. Thence along the Hammonds line to the Hammonds Corner opposite the lane. Thence along the lane to the beginning. So as to include all the lands that lie South West of the little Swamp. To have and to hold to her during her life time or Widowhood & no longer. Then to Noah Mercer Esq & Noah Mercer Jr. to them their heirs and assigns in Trust however that they shall hold the same to the use of my Son Travis Mercer . And it is expressly understood , that while the legal estate in said land after the formation of this Life Estate or Widowhood of my wife shall vest in said Trustees above named Yet they shall hold it entirely for the use & benefit of my Son Travis Mercer his heirs & Assigns.
Item 4th I give & Bequeath to my wife Eliza - Three cows & calves, Three sows & pigs , and one year provisions consisting of two hundred weight of Bacon, fifty Bushels of corn & fifty dollars in money- Also give & Bequeath to my wife one pot and one oven - the above articles of personal property , except the years provisions, is to be divided equally after the death of my wife.
Item 5th I give and devise to Noah Mercer Esq. And to Noah Mercer Jr. their heirs and assigns the following Lands to wit all my lands that lie on the South West of the Little Swamp_ including the Swamp Beginning at a stake in Eliza Mercer’s Corner in Rosa Ann Phillips line and run along her line to Frances Phillips line & with her line to Pitman Line & with his line to Isaac Smiths line then along his line to the Heirs of Wilhoit line, then along their line to Speights line then along his line to Eli Hammonds line thence along his line to Eliza Mercer ‘s corner thence along her line to the beginning. Supposed to contain four hundred acres more or less. In Trust however , & upon the express conditions that the said Noah Mercer Esq. & the said Noah Mercer Jr. Shall hold the said Lands above described to the sole & separate use and benefit of my son Travis Mercer his heirs & assigns. And in the event the said Travis shall die without heir then the Trustees above named shall cause the Lands which I have devised to them to hold to the use of my Son Travis to be equally divided amongst my heirs then living. I also give & Bequeath to Noah Mercer Esq. & Noah Mercer Jr. My boy Nathan to hold however in trust & for the exclusive benefit of my Son Travis Mercer . Yet in the event of my Son Travis dies without heirs then the Trustees above named shall sell the said Nathan & divide the purchase equally among my children who may be then living
Item 5th I give & Bequeath unto my Son Rowland Mercer and to my Grandchildren , Andrew, Roland, Orren, Orna/Orry , Martha & Caroline Mercer & to Eliza Jane Mercer . Children of my Son James Mercer and to any future children my Son James Mercer may have my Negro Boy named Joe. My wish & desire is that said boy Joe work on the farms of the said Roland Mercer & james Mercer , alternately that is to say, he shall work with Roland one year and with the heirs of my Sone James above named the seceding year. In the event of a disagreement between my son Roland & the heirs of my son James in regard to the said boy Joe. Then in that event - my wish & desire is that said boy be sold a public auction to the highest bidder & the proceeds of the sale to be divided as follows - one share to my Son Roland Mercer and the other share to my grandchildren above named to wit the children of my son James , except that in making a division of the money - the children of my son James shall have one hundred dollars more than my son Rowland Mercer . In the further event of a disagreement as to said boy Joe, my wish & desire is that my Executors herein after named shall sell said boy & shall retain the portion going to my son Roland giving him the annual interest which arise for the principal or that share of the principal belonging to him in the division. And in the event my son Rowland die , without heirs then my Executors will pay interest to the heirs of my son James Mercer the share of said money which they hold for the use of Roland Mercer . And if before a sale may be made my son Rowland dies without heirs then the said Joe is to be the property of my grand children above specified. Viz The children of my son James . I also give and devise to my grand children , Andrew, Rowland, Orren, Orra/ Orry, Martha, Caroline, and Eliza Jane Mercer & to any future child or children which my said son James may have Two Hundred & forty acres of land a full description of which will more fully appear on reference to a deed of gift made to them for the same.
Item 6th To Ester Phillips and her heirs , I give & devise the following Lands. Beginning at at a Maple by a lane on White Bay in the edge of a Small Branch in the edge of Little Swamp on North side of the Swamp about a hundred yards above the road leading from Noah Mercer to Rowland Mercer . The Southern corner of Rosa Ann Phillips livery and run along her line to Molechey Mears line near the upper end of Silas Marsh . Thence along her line to the corner. Thence along J P Wilhoit’s line to the little swamp. Thence up to various crossings of the Swamp to the beginning. All one hundred & seventy five acres , which is fully described in a deed of gift executed by me to her & her heirs for that amount. I also give & bequeath to Ester Phillips & my son Noah Mercer my boy Si to have on the same conditions that my son Roland & the heirs of James hold viz Boy Joe. That is to say Ester is to have one hundred dollars more than Noah in the event of a sale of Si. In the event the boy is not sold then he shall secure notes in the same manner as Joe is to those to whom he is bequeathed.
Item 6th Unto mill Mears & her heirs in fee , I give & devise two hundred and forty three acres to be equally divided between herself & Noah Mercer . That she is to have one half thereof in fee & Noah & his heirs the remainder in fee, it being a part of three hundred and three acres bought of R Rhodes, together with one hundred thirty five acres, given by me to her by Deed of Gift. Also one negro girl named Gainer to her absolutely.
Item 7th To Francis Phillips & her two heirs Richard & Becky I give & bequeath my negro woman Sue to them & their heirs . Also one hundred fifty five acres of land between Little Swamp & Jacob Swamp, see Deed of Gift for the same.
Item 8th To Nepsey Byrd & her heirs I give & bequeath a negro girl named Chersey together with one hundred eighty six acres of land , a description of which will fully appear on referring to a Deed of Gift made by me for that amount to said Nepsey Byrd
Item 9th To Rosa Ann Philips , I give & devise two hundred fifteen acres of land described in a Deed of Gift from me to her, together with a Negro named Nora to her & her heirs in fee simple.
Item 10th To Rowland Mercer I give and Devise six hundred acres more or less , beginning the same land which I gave him by Deed of Gift, together with the interest in Boy Joe described in a former Item.
Item 11th My Wish & Desire is that my Executors sell on a credit of six months all my personal & perishable property not otherwise disposed of .And after collecting the purchase money shall pay to Ester Phillips one hundred dollars, To Nepsey Bird fifty dollars , to my wife fifty dollars the same I ordered her to have in a former item. I desire that my Executors remove my old dweling house on the land of Francis Phillips & pay for the same out of the monies which they may realize from the collection of my note & account and the surplus shall be equally divided between all my children share & share alike.
Item 12th I give & bequeath to my heirs share & share alike five shares in New Washington, Charlotte & Rutherford Rail Road. Also a claim I hold on said company in the amount of seventy three dollars to be equally divided between them.
I appoint my Son Noah Mercer Jr. , and Noah Mercer Esq. Executors to this to this my Last Will and Testament in --------- whereof I hereunto set my Hand this 22nd January 1863
Sign Sealed
in presence of
Eli Wilhoit
W. A. Dick Roland Mercer Seal
“His signature”Note: Noah Mercer Esq was son of 137 Meredith Mercer/1806
Note : He was too sick to travel so his father left him on 3-22-1829 with
his Uncle # 125 Rowland Mercer, Sr./1799, who reared him.
