In the name of God Amen.
I Devereux Yeargin of the district and state aforesaid being afflicted in body but of sound in mind and memory and calling to mind that is appointed for all men once to die have made Constituted and ordained this my last will and testament and hereby disannuling and revoking all former wills by me made heretofore and this my last will and testament and to be ownly one in force yealding my soul to God from whence it came and my body to the dust do will and dispose of those things that God has intrusted with me in the following manner (viz) I desire that the executors hereafter to be named should see my body decently buried and all funeral expences paid. I desire that my executors pay all just debts at my decease. I give and bequeath to my beloved wife Permelia Yeargin the plantation or tract of land I now live during her lifetime or widow hood and I desire that my beloved wife shall have my old negro woman Jude to be her own write and property and I desire that my wife shall have four of her choicest negroes during her life time or widow hood for her maintance and to dispose of them as her executors hereafter named shall direct. Extra of the four above named I also desire that my beloved wife shall have fifty dollars in cash above what is mentioned in consequence of proable having to be incue expense in taking care of the old negro woman. I also that my beloved wife shall have three of the valuablest horses on the plantation and a sufficiency of tools and farming implements to carry on the farming business in propotion to the four hands and of three horses as above stated or a sufficiently as the executors hereafter shall direct I also desire that my beloved wife should have a proportion of the cattle hogs and sheep as shall be demed necessary by herself and executors for the use of the family above mentioned. I also desire that my beloved wife should have all the household and kitchen furniture during her lifetime or widowhood also the poultry I also desire that my beloved wife have my wagon and harness and carry all withharness during her lifetime or widowhood.
In regard to my youngest daughter Permelia I desire that she shall have one hundred dollars over and above her distributed share of my estate also all my beloved daughters who have not nor never received a horse or saddle should be allowed the sum of eighty dollars over and above their distributive share of my estate to make them equal with all my sons but Andrew and William who has had nothing.
I desire that each of them should have a horse and saddle or eighty dollars at their discretion over and above their distributive share of my estate.
I will and desire is that my youngest son William Yeargain be allowed one hundred dollars out of the proceeds of my estate for the eapress purpose of his staying with the mother and taking care of her during her lifetime. (I revoke the clause contained in this four lines)
I will and desire is that if I should be called hence before my son Wm. Yeargain gets his education as Andrew has that my executors hereafter named shall appropriate so much money out of the proceeds of my estate as will pay for his schooling eighteen months or two years if so much is necessary. I also think it is just and rite to make a statement of some money that I have paid out to three of my children Rufus Yeargain Sally Pollard and Francis Yeargain so that my executors hereafter may no how to settle with them and deduct it out of these distributive share of my estate whe a final settlement is maid. Rufus Yeargain has received two hundred dollars with interest for some time bur probable one hundred fifty dollars will be paid if paid then will be papers to show. Sally Pollard has received forty dollars and Francis Yeargain has received forty dollars all of which is to be deducted from their distributed share of my estate my will and desire is that if it is convenient for my executors hereafter named to lot of the ballance of my negros in lots as many as there legatees and let the children draw for them and have no sale if its possible. I do nominate and appoint my son Stephen Yeargain to be my true and lawful executor to this my last will and testament. In witness thereof I have set my hand and affixed my seal this thirteenth day of August 1847.
signed sealed and acknowledged before us the subscribing witnesses
Jas. M. McDaniel Devereux Yeargain (L.S.) W. S. Thaxton his X mark Wm. A. McDaniel his X mark
In connection to the within will I have omitted two particular items which I now feel disposed to have them inserted in my will and being sound of mind and memory but still afflicted in body do will and desire that my wife Permelia Yeargain shall have a full sufficiency of corn fodder shuck oats wheat cotton and every other thing that is raised on the plantation to support my beloved wife comfortable during the present year out of the present crop that now growing and that my executors as within mentioned do see that she has a full suficiency for her and her family support out of the present crop as above stated the 2nd item is in respect of my lands I wish and desire is my beloved wife Permelia Yeargain shall have the plantation that I now live on during her life time or widow hood as is stated in the within will and at her death that my executors within mentioned to lay off or cause to be laid off the whole of my land in lots as many lots as there legatees and let the legatees draw for those lots that is or less value then the highest lots will have to be made up equal out of the proceeds of said estate.
I also will and desire that at my wifes death the slaves that is in her possesion at that time be laid off in lots as the other slaves are and be drawed for by the legatees as within stated and the old house woman Juda shall live longer than my beloved wife that sons of the children do take her and take care of her during he lifetime. In witness whereof I have hereunder set my hand and affixed my seal this nineteenth day of August in the year of our Lord eighteen hundred and forty seven and in the seventy first year of American Independence.
Signed sealed and acknowledged in the presence of the susscribing witnesses
James M. McDonald his X mark H. S. Thaxton his X mark Devereux Yeargain John T. McDaniel X mark
The appointment mentioned in the above mentioned four lines I revoke disannual and leave that appointment with my wife Permelia Yeargain reason assigned that it might not suit the parties Nov. 26 1847.
Signed sealed and acknowledged in the presence of the subscribing witnesses
Stephen Hawley John McNeely Devereux Yeargain Andrew Yeargain his X mark Stephen Yeargain
Probated March 5, 1949 Apt 11. File 110 Recorded in Will Book C pages 269-273