Will, dated 1 Mar 1924, Newton, N.C.


Today I make my will; if my wife Alice Barbry Whisnant should out live me William N. Whisnant at my death she shall Have all I possess. Land. Home money, notes, and so on at Her Death all shall go to my children. (w) Roby Murray
William N. Whisnant
Recorded 4 Oct. 1924 (typed as above even signature)

Deed of Gift

Know all men by these presents that I Nicholas Whisonant of said county being in a sick and lingering condition and not knowing how long I may be in a to manage my property and for the more effectually doing an and equal justice to all my children and that the property herein mentioned receive their attention and not be subject to any accident which may happen to me. Do give and grant unto my several children herein after named in consideration of the natural love and affection I have for them the following property to wit unto Robin C., George R., and John L. Whisonant my sons the tract of land whereon I now live containing three hundred acres composed of lot number forty eight, and fifty acres of lot number forty nine in the thirteenth district of said county to be equally and impartially divided between them as soon as my youngest son becomes of age but until then to remain as it is, and unto George R. I also give and grant one bay filly, and unto John T. also a bay mare; to my daughters Rachel, Jenny, Barbara, Selena, Nancy, Polly, Betsey and Eliza I give and grant lot of land number one hundred forty four in the fourth district and fourth section of originally Cherokee County, containing one hundred and sixty acres to be sold whenever the managers think best and the proceeds of the sale to be equally divided among my said daughters. Also unto Selena, Nancy, Polly, Betsey and Eliza I give each a bed and furniture and one cow, the other daughters having already had the same. Unto my wife Nancy Whisonant in consideration of my love for her I give the bright bay mare called Ball. The two stills I wish sold immediately and the proceeds of such sale I give unto my aforesaid daughters in equal parts, also the wagon, oxen and mill I wish sold and the proceeds of such sale likewise divided equally among my said daughters. The balance of the property including everything not herein mentioned, together with the crop now growing, to be kept together and used on the plantation for the benefit and support of the children now living with me. It is my desire and I hereby appoint Colby Wheeler, Jacob Goodson and Jess Johnson as managers of the property herein mentioned and to carry into effect the object of this instrument.

In testimony whereof I have hereunto set my hand seal this 4th of July 1833.

Nicholas Whisonant (Jr.)

Signed sealed & delivered in presence of Tho. B. Cooper, Saml. A. Wales, Notry Public Recorded 22nd. July 1833,
J. L. Cartes, CSB
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1. Adam Whisenhunt, on 30 Dec 1808, witnessed the purchase of land in Franklin County, Georgia, by Jacob Whisenhunt.
2. Adam Whisenhunt, on 19 Jan 1809, for $50., purchased 100 acres on the waters of Rock Creek, Franklin County, from Tryon Patterson.
3. Adam Whisenhunt, on 8 Feb 1815, for $50.00, purchased 100 acres on the waters of Rock Creek, Franklin County, from Jacob Whisenhunt.
4. Adam Whisenhunt, on 8 Feb 1815, for $370, purchased 200 acres on Wards Mill Creek, Franklin County, from Jacob Whisenhunt.
5. Adam Whisenhunt, on 8 Feb 1815, for $60, purchased 150 acres on Wards Creek, Franklin County, from Jacob Whisenhunt.

Source: Deeds of Franklin County, Georgia 1784-1826

1. Jacob Whisenhunt of Jackson Co., GA, on 17 Dec 1807, for $370., purchased 200 acres on Wards Mill Creek, Franklin Co., from Joseph Kisor of Franklin County.
2. Jacob Whisenhunt on 30 Dec 1808, for $60., purchased 150 acres on Wards Creek, Franklin Co., from Tryon Patterson. Wit: Adam Whisenhunt, Peter Atris.
3. Jacob Whisenhunt on 8 Feb 1815, for $40., sold 100 acres on waters of Rock Creek, Franklin Co., to Adam Whisenhunt.
4. Jacob Whisenhunt on 8 Feb 1815, for $200., purchased 200 acres on Rock Creek, Franklin Co., from Adam Whisenhunt.
5. Jacob Whisenhunt on 8 Feb 1815, for $370., sold 200 acres on Wards Mill Creek, Franklin Co., to Adam Whisenhunt.
6. Jacob Whisenhunt on 8 Feb 1815, for $60., sold 150 acres on Wards Creek, Franklin Co., to Adam Whisenhunt.
7. Jacob Whisenhunt on 23 Jul 1814, for $200., purchased 200 acres on Wards Creek, Franklin Co., from William Smith.
8. Jacob Whisenhunt on 23 Jul 1814, for $200., sold 443 acres on Rocky Creek, waters of Tugalo River, Franklin Co., to William Smith.
9. Jacob Whisenhunt on 27 Jan 1815, for $100., purchased 60 acres in Franklin Co., from James Blair, lying on south side of the wagon road which leads from Adam Whisenhunt's to Jacob Whisenhunt's.

Personally came before me, a Trial Justice in and for aforesaid County (Oconee) and State (S.C.), Charlotte Pitts, aged 75 years, a citizen of county of Oconee, State of South Carolina, whose post office address is Barton's Creek, and Mrs. Rachel Phillips, aged 54 years, a citizen of Oconee, State of South Carolina, whose post office address is Barton's Creek, well known to me to be reputable and entitled to credit, and who being duly sworn, declare in relation to aforesaid case, as follows: That they are neighbors of and are well acquainted with Jane Whisenant and know that she has not remarried since the death of her late husband, Christopher Columbus Whisenant, who died on or about the year 1865. That Charlotte Pitts do certify that I was present at the death of Precilla (sic), who was the former wife of C. C. Whisenant, that I was also present at the death of Nancy, who was the second wife of the said Christopher Columbus Whisenant. I Rachel Phillips do certify that I am the reputed daughter of Precilla the former wife of C. C. Whisenant and that I was present at the death of Nancy, the second wife of said C. C. Whisenant, who died on or about the year 1841. and they do further declare that they have no interest in said case and are not concerned in its presecution.

Witnesses: T. S. Ramsey and W. T. James

Signed by:
Charlotte Pitts (her mark) and Rachel Phillips (her mark)

**Samuel M. Beck, Justice of the Peace, attested to Jane Whisenant's identity;
**that C. C. was an 82 yers ole a Hater (height: not able to make out) hair black and eyes dark;
**that he married in the Pickens District on the 9th of November 1845 by John West to Jane Kell (13) that her husband was marred (sic) before to one Miss Nancy Drummons, died 1840s in Pickens District, South Carolina; **that Christopher Columbus Whisenant died the 15th day of July 1865;
**that Joseph and Eliza A. Liles were present at his death;
**that Jane Kell Whisenant lived in Warwoman, GA, Rabun County, GA at the time of the application and at the time of her death; and
**Jane Kell, pensioner, died Dec. 1886. Jane Kell was the daughter of James, Jr. and Mary Kell, one of ten children. Her brother, Alexander, married Emily Duncan, a Cherokee indian, whose sons, David and John were active in the Cherokee Indian govt. and went on the 'Trail of Tears.' Jane's grandfather, James Kell, Sr., was a Rev. Soldier. He was born in Carlisle, PA in 1760 and moved to Orange Co, NC. He was known as 'Capt. Kell.' His wife was Lettice Kneal. They settled on the Seneca River, Pendleton District, S.C. After Lettice died anbd their house burned, James, Sr. moved w/ his family to Rabun County, GA (Warwoman). James Jr. stayed in Rabun Gap while James Sr. moved w/ the remaining family to Gilmer County, GA as it was first being settled. James Sr. died on Feb. 22, 1848, at the age of 88 yrs. Note: This information provided to me by Angela Groenhout. His wife Jane's pension application stated that Christopher served in Captains Barton's Company, South Carolina Infantry, during the War of 1812.

Christopher Whisenant. Estate of Christopher Whisenant. Book B Page 86. Probate Judge Office. Pickens Dist., S.C. On 20 Nov. 1865 Christopher Whisenant died intestate lately owning 142 acres on Beaver Dam Branch, waters of Toxaway Creek, adj. land of S. E. Maxwell, Joseph Liles. Heirs, viz; Jane Whisenant widow with whom he lived several years and had no children. The following children by his former wives viz;
1. Heirs at law of Nicholas Whisenant decd.
2. Heirs at law of Robert Whisenant decd.
3. George Whisenant, Flimming Bates and wife Polly.
5. Dickey and wife Sarah.
6. Salina Liles. Jeremiah H. Johns and wife Rebecca.
7. Heirs of Eliza Horris decd. viz; J. J. Hunnicut and wife Nancy, Barbary Alberson, T. R. Norris and Rebecca Norris. 9. Levi Phillips and wife Rachael.
10. Heirs of Letty A. Liles decd. viz; Jonah Liles, Arena Liles, Fanny Liles, Derby Ann Liles, Rachel Liles, Nancy J. Liles, John Bell Liles.
11. Heirs of Bartholomew Whisenant decd. viz; Sarah F. Whisenant, William L. Whisenant, Marry Ann Whisenant, Jefferson Davis Whisenant, Nancy Moore. The heirs at law of Nicholas Whisenant. The heirs at law of Robert Whisenant decd. Flimming Bates and wife Polly, Dickey and wife Sarah, Selina Liles, Jeremiah Johns and wife Rebecca resides without the limits of this State.

WILL OF
Michael Whisenant
STATE OF SOUTH CAROLINA

I Michael Whisenant of the State of South Carolina and District of York being somewhat afflicted by Body and Knowing that Ereit be Long I must depart this Life-being now in my Common State of mind- do make and ordain the following Instrument as my last will and Testament Viz first I Aesigne my Soul to Almighty God who gave it and my Body to the Earth from whence it Came to be Buried in Common order and as it Respects the Property that God has blessed me with that is yet in my possession I will as follows

Ist I will to my Daughter Elizabeth Bell two dollars having Received here distribution Share of my Estate heretofore

2nd I Will to my son David H. Whisenant fifty dollars to make up his full distributive Share of my Estate

3rd I Will to my Daughter Martha F. Morrow two dollars as She has Received here Distributive Share of my Estate heretofore

4th Whereas I had given to my Daughter Lucy B Hardin a deed of gift for two hundred acres of Land Reserving my Right therof during my natural Life time and Since then have bought back the two hundred acres of Land that I give to my Daugh Martha F. Whisenant Now Martha F Morrow

I will that my said Daughter Lucy B. Hardin have the whole Tract of four hundred & four acres after the Death of myself and my beloved wife Margret Whisenant

5th I will and Bequeath unto my Beloved Wife Margret Whisenant the tract of Land Whereon I now live with all the Rights and appertamance there unto belonging during her Natural lifetime and then to decend to my son in law Davy D Hardin and Lucy B Hardin. his wife as Set forth in the fourth Clause of this my will mark D- and I further Will and bequeath to my Wife Margaret Whisenant all my household and Kitchen furniture and all my Stock of horses Cattle hogs and sheep and a Road Wagon with harness and and the forming utensils to be her own property and Subject to her own disposial and discretion after paying out the forgoing sums bequeathed to my children as also any and Every article of personal Property not Enumerated to be here and subject to her disposial as also an Crop that may be Said plantation Either growing or geathered at my Decease to be hers and I do hereby Constitute and appoint Davy D. Hardin and Abraham Hardin the Sole Executors of this my Just will and Testament In Testamony whereof I hereunto set my hand and seal this 29th day of January A.D. one Thousand Eighthundred and fifty three atest

Phillip Etters.
Samuel Ettrs

his
Michael x Whisenant (L.S.)
mark

D. S. x Wilson
mark
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