IN THE NAME OF GOD AMEN. This twelfth day of October, and in the year of our Lord One Thousand Seven Hundred and Ninety-one, I, Thomas Viverett, of the State of North Carolina and the County of Nash, being very sick of body but of perfect mind and memory, and knowing that is appointed for all men to die, do make and ordain this my last will and testament. That is to day principally and first of all, I commit my soul to the hands of God who gave it and my body I recommend to the earth to be buried in a decent and Christian manner at the discretion of my executors hereafter mentioned; and calling to mind the things of the world wherein it hath pleased God to bless me with in this life, I give and bequeath and dispose of the same in manner and form following, viz:
IMPRIMIS: I give and bequeath to my loving son Henry Viverett all my lands lying on the South side of the little swamp and all cleared land at Nat Place and a bar from any more than what’s cleared and been tended, and one Negro man named Jeff, one Negro man named Jack, one Negro woman named Dinah, two cows and yearlings, and one stud horse that I bought of Jacob Boyet and one mare called Bell Filly, and one saddle and bridle, and one feather bed and furniture, as his own to be disposed of at his pleasure.
ITEM: I give and bequeath to my loving son Launcelot Viverett all my land lying on both side of a prong of Town Creek with the manner plantations thereunto belonging, and one Negro man named Cuffe, one Negro woman named Old Bet, one Negro woman named Ame, one Negro woman named Sue, and all of my stock of cattle and hogs at my Turner place, one mare and colt called Fan, one sidle and bridle, and one feather bed and furniture, as his own to be disposed of at his pleasure.
ITEM: I give and bequeath to my loving son Micajah Vivrett my plantation and all my land jointing thereunto on the North side of Tar River and all the stock of cattle and hogs that is already there, and three cows and calves from my home plantation, and three sows and pigs form my home place, one mare filly called Old Soop’s Filly, one large bay horse called Liberty, one saddle and bridle, two feather beds and furniture and one chest that stands in my little room; and one Negro man named Harry, one Negro woman named Little Bet, one Negro boy named Nat, as his own and to be disposed of at his pleasure.
ITEM: I give and bequeath to my loving son James my manner plantation whereon I now live and all the remainder of my land and plantations which I have not already given away, and one Negro woman named Pat and her first child called Philip, and one Negro boy named Mose, and all my goods and chattels that is in my store house and all the remainder of my stock of cattle, hogs and horses, household goods and chattels with all my working tools, and carpenter tools, and one whip say and cross-cut saw, as his own to be disposed of at his pleasure.
ITEM: I lend to my loving wife Elizabeth Vivrett my manner plantation where I now live and the Con Place and Artis place, all the stock of cattle, hogs, horses, sheep, and my household goods and chattels and working tools, carpenter tools, whip say and crosscut saw and three Negroes as I gave to my son James Vivrett, during her natural life and widowhood, to my son James Vivrett as above mentioned, as has own and to be disposed of at his pleasure, excepting one mulatto child named Jude I give to Patsy Dew as her own to be disposed of at her pleasure.
All which I desire may be done at the discretion of Lamon Ruffin and Nathan Tart and Jesse Pittman whom I nominate and ordain whole and sole executors of this my Last Will and Testament. I witness whereof I the said Thomas Vivrett have hereunto set my hand, fixed my seal, this day and year above written, 1791.
Signed, sealed and published to be my last Will, in the presents of
NOTE: I give and bequeath to my son James Vivrett my riding chare and all my gear thereunto belonging, and my god watch, as his own to be disposed of at his pleasure>
Signed, sealed, published and declared in the presence of :
STATE OF NORTH CAROLINA……………………………..November Court, 1792
The foregoing will was in open court duly proven by the oath of Rowland Robbins and subscribing witnesses thereto, and on motion ordered to be recorded.
And is registered in obedience to the above order.
Whereas it appears to the court here that William D. Vivrett is dead and having made no will or testament, and application being made by Micajah Vivrett 7 Wright Hickman granted to him on the estate of the said William Vivrett deceased he having given bond and security as by law is such case is required. Whereupon the court ordered that he have letters accordingly. These are therefore to authorize and empower you the said Micajah Vivrett and Wright Hickman to enter into and upon all and singular the goods and chattles and rights and credits of the saidWilliam Vivrett deceased and the same into your possession take whosoever to be found in this state and a true and perfect inventory thereof make, and return into your issuing County Court on oath; and all the just debts of the intestate pay so far as the said estate will amount or extend the residue thereof to those who have a right thereto by law herein fail now.
Witness Josiah T. McClain Clerk of our said County Court at office the first Monday in April 1839
Josiah T. McClain Issued & Record the first day of April 1839 J.T. McClain .... Clerk of the County
Court of Wilson County.
TRANSCRIBED FROM WILSON COUNTY, TN, ARCHIVES: THIS INDENTURE made and (entered) into this 11th day of January in the year of our Lord one thousand eight hundred and thirty four Between Henry F. Smith & William D. Smith, Administrators of the estate of George Smith, deceased, of Wilson County and State of Thompson of the first part, and Elizabeth Viverett, James Viveret, John B. Viverett, William B. Viverett, John Brown, Donald Brown & Larry Viverett of the County and State aforesaid of the second part.
WITNESSETH: That the said Henry F & Wm. Smith, Administrators as aforesaid for and in consideration of the sum of five hundred dollars to the said George Smith paid in his lifetime as appears by his title bond to the said party of the second part, dated the 3rd day of April 1827, and now produced by them and in compliance with act of the General Assembly on such case made and provided hath and by these presents doth grant … … convey and conform unto the said party of the second part a certain tract of land situated lying and being in the County of Wilson. Beginning on a Cedar and white oak on the east boundary line of the original tract, running thence West one hundred and sixty two poles to a dogwood and white oak then south one hundred and fifty six poles to a Cedar and … thence East one hundred sixty two poles to a white ash, thence north one hundred one hundred and fifty six poles to the beginning Containing by estimation one hundred and fifty 7 acres be the same more or less to have and to hold to the said Elizabeth, James, Jno. B., William B., John Brown & Daniel Brown & Larry Viverett and to their only proper, benefit and behalf and to their heirs and assigns forever & the said Henry D. Smith & Wm. D. Smith, Administrators as aforesaid, for themselves as for heirs of said George Smith, deceased, doth hereby Covenant and and again … and with the said party of the second part that they henceforth shall have and enjoy the peaceable and quiet possession of said tract of land and bargained premises free from all claims and demands of all and every person or persons whatsoever.
In testimony whereof the said Henry F. Smith and Wm. D. Smith, Administrators of the aforesaid hath hereunto set their hands and seals the day and year above written.
Henry F. Smith SEAL
Wm. D. Smith SEAL
J. T. Stephenson
State of Tennessee
Personally appeared before me Josiah S. McClain, Clerk of the County Court of said Wilson County, the within named Henry F. Smith & William D. Smith with whom I am personally acquainted and who acknowledged that he acceded the within … and for purposes therein expressed.
Witness my hand and seal at office this 4th day of July 1836. Registered this 30th day of September 1836.
J. S. McClain
Thomas Edwards, Register
Of Wilson County
I, William B. Vivrett, have this bargained & I do & I do hereby transfer to John B. Viverettt for the Sum of five dollars to me paid & other considerations herein after mentioned the following described tracts or parcels of land situated, lying & being in the State of Tennessee, Wilson County, over districts Nos. one & two to wit: Twenty nine acres, which I purchased from Thomas Howell for a particular description of which see Said Howell’s Deed recorded in the office of the Register for Wilson County --- Also one tract of about eighty acres being the balance of the tract purchase by me from E. B. Drake & Brothers and known as the Brinkley Bridges tract --- See the Deed of the Drake'’ land recorded in Said office, Also my undivided interest which is Six Sevenths in one hundred and fifty Seven acres of land conveyed by H. & Wm. D. Smith to my mother, my Self & brothers and sisters which deed is also on record as aforesaid --- my Mother is to have her portion of the land laid off by any three disinterested persons according to the terms of said Deed --- Also one other tract of fourteen acres purchased by me of Beverley Young, said Young’s Deed to me recorded in Said office.
Also one Brown Stallion Tippecanoe 6 years old --- one bay mare, one other Bay Mare with one eye out, one gray horse, one Scowell colt (Jim Crack) --- one bay filley Ball fared --- one bay Pony 5 or six years old, one yoke of oxen & one ox cart. To have and to hold the aforesaid lands and personal property to the said John B. Vivrett, him & his heirs and assigns forever --- I do bind my Self, my heirs and assigns to warrant & defend the title to Said lands & bargained premises with all and Singular appertainces there unto belonging against the lawful claims of all persons whatsoever. But this deed and Sale of personal property is made for the following uses and purposes and no other use or purposes, and that is to say --- I am indebted to Alleson Allen & Co. By Bill of Exchange for $750. Dated 18th Sept. 1845 and payable Six months after date and payable to William Thompson and him indorsed --- Also to the Bank of Tennessee by note dated January 1846 for $300 payable four months after date to said William Thompson and by him indorsed --- I am also indebted to Burris Bender by note fore about two hundred & ten or fifteen dollars due last Christmas --- Also one note to Isham Davis for about Seventy-five or Eighty Dollars past due one year or more --- Also one note to James McFarland due Some time last year for about Sixty Dollars --- and Also one note to William Baur for $40 due last Christmas --- Now I am desirous to Secure and make certain the payment of Said debts and if I shall pay off or discharge Said debts on or before the first day of January next then this deed of bargain and Sale to be null and void, But if I Shall not pay all of Said debts by the Said first day of January, it shall and may be lawfull for the Said John B. Vivrett trustee to Sell for cash Either privately or publicly so much of Said lands and personal property as Shall be sufficient to pay off and discharge Said Debts and if my Said trustee Should believe that it would be best for the interest of my Said Creditors to Sell Some portion of Said lands and personal property before the Said 1st day of January next for the better Security of the payment of Said debts he may Sell the Same or any part thereof Either publicly or privately as aforesaid --- in witness my hand and Seal this 12th day of May 1846.
Wm. B. Vivrett SEAL
Personally appeared before me Josiah S. McClain, Clerk of the County Court of Said County of Wilson, William B. Viverett the within named bargainer with whom I am personally acquainted and who acknowledged that he executed the within deed of trust for purposes therein contained.
Witness my hand at office this 12th day of May 1846.
Josiah S. McClain, Clerk
$1.25 Received for Registration May the 12th 1846 at ½ after 6 Ocl A.M.
A. W. Vick, Register