Monday, August 9, 2010

Amanuensis Monday: The Will of Joshua Newby 1848 Henry Co., Indiana

JOSHUA NEWBY 1767 - 1848

About Amanuensis Monday: John Newmark, who writes the TransylvanianDutch blog started a Monday Blog Theme called "Amanuensis Monday". John defines "amanuensis" as "a person employed to write what another dictates or to copy what has been written by another."

About Joshua Newby:

Joshua Newby was my maternal fourth great grandfather. He was the first born child of William and Elizabeth Ratliff Newby, born March 15, 1767 in Randolph Co., North Carolina.  The early settlements of the ancestral branch of the Newby family in North Carolina were in the counties bordering upon Albemarle Sound, such as Perquimans, Paspitank and Chowan. They were members of the Society of Friends (Quakers). Joshua married Rachel Nixon on December 21, 1789 and they had 13 children, all born in Randolph Co. In 1837 this group of Quakers, William and Elizabeth and their descendants, migrated to Henry Co., Indiana where they settled and helped establish the large Quaker settlement of that area. Their 12th child, Jacob, was my third great grandfather and he and his wife were the subjects of yesterday's post Sentimental Sunday: Beyond Serendipity

The Will of Joshua Newby
Source: Henry County Wills, Newcastle, Indiana
PERSI - Spring, 1994 Randolph County, N. C. Genealogical Journal

"In the name of God Amen, I Joshua NEWBY of the county of Randolph and the state of North Carolina being sick and weak of body, but of sound mind and disposing memory do this 22nd day of second month A.D. one thousand eight hundred and thirty six, make and publish this my last will and testament in manner and form following that is to say

1st My will and desire is that all of my just debts be paid out of my estate
2nd I will and bequeath to my daughter Penniah DAVIS; to my son Thomas NEWBY, to my daughter Elizabeth VESTAL, to my daughter Edith LEWELLING all articles of property they have received in advancement of my estate.
3rd I will t my daughter Millicant NEWBY one bed and furniture and my pided (sp) cow.
4th I will to my daughter Nancy McPHERSON ten dollars in cash to be paid her by my Executor of my estate.
5th I will to my daughter Charity SANDERS ten dollars in cash to be paid her in like manner.
6th I will to my son Joshua NEWBY as hereinafter provided.
7th I will to my son Zimri NEWBY as hereinafter provided.
8th I will to my daughter Rachel NEWBY my brown cow and beaureau furniture.
9th I will to my son Jacob the foal of my black mare, or fifty dollars in cash in case the colt shall not be sound and valuable when young as colts usually are.
10th I will my son Jabez NEWBY fifty dollars in cash.
11th I will and bequeath to my sons Joshua, Jacob, Zimri and Jabez all the land I now posess to be divided equally them four, by valuation in that my Executors sell hole of the lands and divide the proceed, of sale or a part as they may agree among themselves to be the most general satisfaction.
12th My desire is that my executor sell my personal property not disposed of to the best advantage, and after paying my debts and my bequests and satisfying all lawful charges, the nett balance in cash if any I desire to be equally divided with my sons that I have given by will my lands.
13th My desire is that my family viz Millicant, Zimri, Rachael, Jacob, and Jabez have for their support the present year if they continue to keep home, have the grain enuff food and all the provisions I have now on hand, and I hereby nominate and appoint my sons Zimri NEWBY and Jacob NEWBY executors of this my last will and testament.

In witness whereof I the said Joshua NEWBY have to this my last will and testament set my hand and seal the day and date above written."

Signed sealed published and declared by the said Joshua NEWBY the testator to be his last will and testament in the presence of us who were present at the time of signing and sealing thereof.
Micajah DAVIS                                Joshua NEWBY (seal)

State of Indiana            Henry County
Personally appeared before me, Samuel HOOVER, Clerk of the Henry probate court; Henry LEWELLING, Thomas NEWBY and Joe WRIGHT who being duly affirmed say that John HENLEY and Micajah DAVIS the subscribing witnesses to the foregoing last will and testament of Joshua NEWBY, late of the said county deceased, are not residents of the state of Indiana, and said affiants Henry LEWELLING, Thomas NEWBY, and Joel WRIGHT further say upon their affirmation aforesaid that they are acquained with hand writing of the said Joshua NEWBY and that his signature to his foregoing will is genuine, and that said testator at the time of executing said will was of full age to devise his property and these affaints Henry LEWELLING and Thomas NEWBY further say upon their affirmation aforesaid that they verily believe that said testator at the time of executing said will was of sound mind and memory.
Thomas NEWBY

Affirmed and subscribed to March 21 A.D. 1848. In testimony whereof I have hereunto set my hand and affixed the seal of said probate court, this 21st day of March 1848. 

Note: The Henry County Probate Court was in use until about 1830, when it was changed to the Circuit Court, and all probate hearings were held there. In all deaths, regardless of a will, all estate settlements still had to go to a court hearing.


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