I John Day of the State and county aforesaid being of sound mind and memory but considering the uncertainty of my earthly existence do make and ordain this my last Will and Testament in the following words (to wit)

Firstly- I give and bequeath to my wife Mary Day my home tract of land on which I live containing abut four hundred and fifty nine acres together with wagon and plantation that’s of every ______ with all my stock consisting of horses cows hogs and sheep with all my crop now on hand together with six negroes (viz) Washington, Scotty, Phoebe, black, Ann, one boy by the name of Simeon and one other boy by the name of Jack,-to have and hold the above mentioned articles and negroes and all right and title to the same during her natural life or widowhood. In case she marries, it is my desire that she lose all right and title in the above mentioned articles and negroes and that she have a _______(sale?) dower in the above mentioned land.

Secondly- It is my will and desire that my executor (here after named) lend out all the money I have on hand at my death after all my just debts are paid and also to keep an interest all the money that may be lent out at that time and that this interest or as much as the same may be necessary shall be of ______by any executor to defray the expenses of raising the family ad other deficiency ________.

Thirdly- I desire that my wife Mary Day have all my household and kitchen furniture during her natural life or widowhood and if she marry again that she lose all right and title to said household and kitchen furniture.

Fourthly- I desire that my executors have my last or youngest children sent to school and made equal in ____ of education with the oldest children.

Fifthly- I give and bequeath to my three youngest Sons James D. Day, John Day and George C Day my home tract of land on which I live containing four hundred and fifty nine acres at the death of my wife Mary Day to have and hold the same jointly for their _____ and benefit forever.

Sixthly- I give and bequeath my Haw River tract of land to my two sons Francis D. Day and Thomas C. Day (the said tract containing by estimation two hundred acres) to be put in ______at my decease: & that this tract be valued to them at five hundred dollars and I also desire that the tact of land be _____ to James D. Day John Day & George C. Day aforesaid be valued at Seven hundred and twenty dollars.

Sevently- I will and desire that at the death of my wife Mary Day or in case she Marries that all property willed to her during her natural life or widowhood be sold except the land and negroes which I dispose of otherwise and that the proceeds of the sale be equally divided among my children and if any of my children should have died leaving children then that childs part to be divided among _____ or her children as the case may be and if any of my children die without leaving children then his or her part to come back into the estate and be divided as aforesaid.

Eightly- It is my will and desire that my executors hire out year by year during the natural life or widowhood of Mary Day my wife the four following negroes and their increase (Viz) Fellow, Ann, Harriet, Frank and Alexander and in case Mary Day my wife should marry or when she dies I desire that the four last mentioned negroes together with the six first mentioned together with all their increases be equally divided among my children or their legal heirs.

Ninethly- I desire that my wife give off to my children as they become of age to each one have one cow & calf and one bed and furniture.

Tenthly- I desire at the marriage of my wife Mary Day or at her death my other children have the following amounts in money (Viz) Angelette to have two hundred and forty dollars Sarah Conley to have two hundred and forty dollars, and that my daughter Mary J. Blalock have the same amount (viz) two hundred and forty dollars be equally divided among the children of Samuel F. Day ____? Now dec’d I give this to make them equal with the boys in the land.

Elevenly- I desire especially that all property bequeath by me to my daughter Mary J Blalock be for the use and benefit of her the said Mary J. Blalock and her children.

Twelth- I do hereby constitute and appoint my son Francis M. Day and my nephew Carter Day my executors to this my last will and testament and every clause and part thereof and I hereby make and declare _____ ______ and said all other last will and testaments by me heretofore made . In witness of which I ________ set my hand and seal this third day December eighteen hundred and sixty three.

John Day {seal}

Signed Sealed published and
Declared by the testators to be
His land will and testament in
The presence of us.

James M. Yarborough
J.R. Moore

Thanks to Joyce Harrison who provided this transcription.

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