Julia Ann Curtis

Other Events and Attributes:

• Name: Julia Pearson
• Residence: 1850, Buncombe, North Carolina, USA; Age: 7
• Residence: 1860, Buncombe, North Carolina, USA
• Residence: 1870, Hominy, Buncombe, North Carolina, USA
• Residence: 1880, Upper Hominy, Buncombe, North Carolina, USA
• Residence: 1900, Upper Hominy, Buncombe, North Carolina, USA

Family/Spouse: William D Pearson. William (son of John H Pearson and Zilpha Lnu) was born on 4 Feb 1839 in North Carolina, USA; died on 21 Oct 1911 in Buncombe, North Carolina, USA; was buried in Pisgah United Methodist Church Cemetery, Candler, Buncombe, North Carolina, USA. [Group Sheet] [Family Chart]

1. Elizabeth Delila Pearson was born in 1867 in North Carolina, USA; died before 17 Jun 1900 in North Carolina, USA.
2. Matilda Pearson was born in 1867 in Buncombe, North Carolina, USA.
3. Mary Pearson was born in 1870 in North Carolina, USA.
4. Laure Pearson was born in 1871 in North Carolina, USA.
5. William Hardy Pearson was born on 25 Feb 1872 in Hominy, Buncombe, North Carolina, USA; died on 17 Apr 1950 in Asheville, Buncombe, North Carolina, USA; was buried on 19 Apr 1950 in Montmorenci Methodist Church Cemetery, Candler, Buncombe, North Carolina, USA.
6. Lurena Pearson was born in 1873 in North Carolina, USA.
7. Parley Pearson was born in 1874 in North Carolina, USA.
8. Pearl Pearson was born on 30 Jul 1877 in North Carolina, USA; died on 7 Jan 1936 in Candler, Buncombe, North Carolina, USA; was buried on 8 Jan 1936 in Montmorenci Methodist Church Cemetery, Candler, Buncombe, North Carolina, USA.
9. John B Pearson was born in Nov 1879 in Buncombe, North Carolina, USA; died on 29 May 1965 in Asheville, Buncombe, North Carolina, USA.
10. Hattie Estelle Pearson was born on 11 Feb 1883 in Candler, Buncombe, North Carolina, USA; died on 19 Mar 1926 in Ware, Georgia, USA; was buried in Kettle Creek Cemetery, Waycross, Ware, Georgia, USA.
11. Thomas Peerson was born in 1887 in North Carolina, USA.

Other Events and Attributes:

• Residence: 1850, Buncombe, North Carolina, USA
• Residence: 1860, Buncombe, North Carolina, USA

Notes:

Died:
WILL:

On Jan 28, 1870 in Buncombe Co., NC. copy as follows

In the name of God, I, Benjamin Curtis, residing on North Hominy, County of Buncombe, State of North Carolina. . . (preliminaries) . . . to my wife, Susan, all my home lands including the dwelling and all my mountain lands excepting 75 acres in the gap of the mountain where William Moore now lives and hold lease from me, for during her lifetime or widowhood for her use and such of my children as may remain single and unmarried. . . . further to my wife . . . such stock sufficient for her use and such of my children that may be with her and unmarried . . . to include Julia McFee who is now one of my family provided she remains with my wife as one of the family, and on condition that this Julia McFee, my wife's niece, should remain with my wife and give her such assistance as is reasonable til the death of my said wife Susan, or til she arrives at the age of 21, that then I request that said wife Susan permit said nease one cow and one calf, also one bed, (etc.)

... having given to my son W. H. Curtis ... confirm to him the right of property already given . . . land by deed plus other property to the value of $500.00... nothing more.
.. having given to my son Joshua C. Curtis by deed, also a horse and other property to the value of $716.50, I hereby confirm the right of said property to him by his paying to my daughter] Julia A., wife of William Person, $150 . . . $125 of which he has already paid. Also he is to pay Celia D., Wife of S. F. Young $50.00 which he agreed to do, etc . . .On the land where William Muse now lives there are two or three good walnut trees. If I do not get them from there, Joshua C. Curtis is to have them, provided he gets them from there in one year after my decease . . . Having given to my daughter Jane, formerly wife of James M. Young, deceased, now wife of William Miller a cow and a calf, H. H. (household) furniture and stock valued at $43.00, I confirm it to her, giving her nothing further considering the land she now lives on was bought by her first husband from me and paid for in Confederate money, greatly to her disadvantage and to my loss ... Having given to my daughter Mary C. Curtis and her heirs, etc . . . 75 acres where William Muse now lives in what is called the Ballew Cove . . . the same was granted to me by the State of North Carolina also one cow and bed, supposed to be worth $30.00. No price set on the land. . . . to my youngest daughters, Elizabeth S. Curtis and Susan M. Curtis, the land on which I now live . . . the same being the land set apart to my wife Susan in this will, for her lifetime or widowhood.
Executor: J. C. L. Gudger, 20th day of Jan. 1870 AD. B. J. Curtis. Witnesses: W. Y. Morgan; Samuel B. Gudger. Probated - 28th day of Feb. 1870. J. E. Reed, Judge of Probate.

Book B. Pages 23-28.
North Carolina, Probate Court of Buncombe County. To J. E. Reed, Judge of Probate. The undersigned applies to have the last will and testament of B. J. CURTIS admitted to probate and shows:
1. That B.J. Curtis late of Buncombe County, is dead . . . that he died on 23rd February, 1870.
2. That he left a will and appointed the undersigned his executor.
3. That he left valuable property .. .
All parties interested: Susan Curtis, widow; W. H. Curtis; Celia B. Young, wife of S. F. Young; Julia A. Person, wife of W.D. Person; Jane Miller, wife of Williams Miller; Mary Curtis, Elizabeth S. Curtis; Joshua C. Curtis; S.M. [Susan] Curtis; Julia E. McFee. All said parties reside in Buncombe County.
Susan M. Curtis is a minor - no guardian; W. H. Curtis is gdn. for minor Julia C. McFee. Executor J. C. L. Gudger.

Benjamin + Susan Lnu. Susan was born on 12 Mar 1818 in North Carolina, USA; died on 26 Nov 1881 in North Carolina, USA; was buried in Ridgeway Baptist Church Cemetery, Candler, Buncombe, North Carolina, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Name: Susan Curtis
• Residence: 1850, Buncombe, North Carolina, USA
• Residence: 1860, Buncombe, North Carolina, USA

Notes:

Died:
BIO:

Benjamin J. & Delilah Rayburn Curtis Sr. were married Dec. 28, 1809 Burke Co. NC. They raised their family on Curtis Creek Road in Candler. Curtis Creek Road was named for Benjamin J. Curtis Sr. who owned a large tract of land there. Using his will date and his wife's, he died June 1864. He left two wills--May 1860 and June 1864. Wife said he was deceased as of July 1, 1864.

WILL:

He left a will on 3 May 1860 at Buncombe, North Carolina; Book A. Pages 225-228.
The Last Will and Testament of Benj. CURTIS

In the name of God Amen. I, Benj. Curtis of the County of Buncombe and State of North Carolina resident of the waters of South Homony Creek now in the seventy fourth year of my age but in good health and of sound and disposing memory do make and ordain this to be my last will and testament. Imprimis I direct my body to be decently interred at the Pisgah Meeting house under the direction of my executor to rest in the ground until with humble reliance on the mercy of God through our Lord Jesus Christ. I trust it will arise on the last day to the resurrection of the Just.

Touching such worldly substance as it hath pleased God to bless me with I will & devise as follows after my just debts and funeral expenses shall have been paid and as several of my children is married and have received lands and other property as advancements, I will now mention the character of said property & the same by myself to my son Madison Curtis lands on North Homony and a horse beast and saddle & c(ow) the amount of three hundred dollars. To my son Benjamin J Curtis lands on North Homony where he now lives and a horse and saddle & c to the amount of three hundred dollars, to my son Jackson Curtis lands on North Homony and a horse & c to the amount of three hundred dollars, to my son John Curtis a horse beast & cow & worth seventy five dollars, to my daughter Elizabeth A Davis wife of Henry Davis one bed and furniture, one cow & some other house furniture worth thirty three dollars, to my son Thomas Curtis one horse beast & one heifer & c worth eighty five dollars. To my son Washington now single one horse beast and stock hog worth sixty five dollars, To my son Joshua(?) a horse beast, moneys & c to the amount of one hundred and seventy eight dollars & 95 cents, all the above sums as advancements I now confirm.

I will and devise to my daughter-in-law Avaline Curtis wife of my son Amos Curtis the use and control of the land which she now lives on on North Homony, joining and above Benjamin Curtis Jr and below John Smathers until her eldest daughter Mary A Curtis and daughter of my son Amos arrives at the age of twenty one after that time the said Avaline Curtis widow of my deceased son Amos Curtis to have use control and profits of one third part of the said tract of land for and during her life time.

I will and devise to my two granddaughters and children of my son Amos Curtis the names of said children are Mary & Martha the above last mentioned lands subject to the provisions above named to them to have and to hold to them and their heirs and assigns forever, also to said Mary & Martha ten dollars each to be paid by my executors out of the sale of my other effects within two years of my decease.
I also will and devise to my two grand children of my son John Curtis ten dollars each to be paid In like manner as the above. I will and devise to my son Jackson Curtis (deceased) five children ten dollars each to be paid as the above.

I will and devise to my son Joshua Curtis one hundred and fifty dollars to be paid so soon as letters testamentary shall be taken out on my estate provided there should be money on hand if not to be paid at expiration of two years.

I will and devise to my son Washington Curtis & his heirs & assigns forever that portion of my homestead lands and lying on the NE side of the creek & known as the hickory flats, said lands to commence at the N.W. corner of homestead tract of land a Spanish oak and corner of a tract known as the Gooden tract and to run down a ridge known as the old house ridge to a forked apple tree to in a field near where an old house used to stand, thence North and a direct course to a branch then down said branch to a fork of said branch, thence a strait course N.E. to the point of a ridge, thence up the main top of the ridge to the extreme out boundary of my lands in that direction then west & south around the out boundary of said land to the beginning supposed to be 75 acres worth two hundred dollars. I further will and devise to my son Washington thirty-five dollars in money to be paid in like manner as my son Joshua.

I will and devise to my son Thomas Curtis and his heirs and assigns forever one hundred acres of land on said Curtis's Creek and known as the Gooden tract on which the said Thomas now lives west of the homestead place where I now live. I also give and devise to my said son Thomas the west end of a fifty acre tract all that portion of said tract west and, above the still house branch to be his and his heirs forever in all supposed to be one hundred and ten acres worth two hundred and twenty five dollars.

I will and devise to my well beloved wife Delilah for and during her life time all that portion of the homestead and plantation on which I now live on the south side of Curtises Creek & west of James Morgan lands and east of the still house branch. Also to my wife Delilah a horse beast and cow and calf to be hers absolute & her choice out of my horses and cattle also to my beloved wife Delilah all my household and kitchen furniture for and during her life time except the family book, these books I desire to be divided amongst my wife and children but so as for my daughter Mary to have my family Bible.

I will and devise to my two daughters Elizabeth Davis wife of Henry Davis and Mary Curtis and their heirs and assigns forever that portion of my lands above devised to their Mother to come into their hands at the death of my wife Delilah also to them all the household and kitchen furniture in like manner.

I desire and direct that my executor hereinafter named shall sell all that portion of my lands not heretofore devised to any of my children after lawful advertisement on a credit of twelve months said lands lying on the north side of Curtis Creek joining and west of Jas. Morgans & south of the lands devised to Washington Curtis east of the lands devised to Thomas Curtis and north of the lands devised to my two daughters also all others of my perishable property to be sold in like manner except such as I may hereafter set apart for my wife the proceeds of the above with the debts due me or moneys on hand with all other property real or personal of every kind after the debts and funeral expenses shall have been first paid with the legacies named shall have been satisfactorily settled then the residue to be divided equally between my sons Madison Curtis, Benjamin J. Curtis Jr., Washington Curtis & Thomas Curtis, Elizabeth Davis wife of Henry Davis & Mary Curtis. I will and devise that at my decease or before any sale is made of my property that my executor pick some suitable person, also my wife pick another and that these two persons may pick a third person whose duty it shall be to lay off my grain and other provisions, sufficient support for my wife till she shall be able to gather her first crop thereafter. My two guns is not intended to be regarded as household or kitchen furniture but are intended to be brought in under the head of perishable property.

Lastly I constitute and appoint my sons Benjamin J. Curtis & Thomas Curtis my executors in whose integrity and discretion I have full confidence.

Signed sealed and published in the presence of the witnesses hereunto subscribed their names in the presence of the testor who subscribed their names in the presence of each other this the 3rd day of May in the year of our Lord one thousand eight hundred and sixty. Wit; Saml. B. Gudger & James M Morgan.

Signed Benjamin Curtis (seal).13

-----------------

WILL:

June term 1864 Book A Page 225.
The Last Will and Testament of Benj Curtis
In the name of God Amen

I Benj Curtis of the County of Buncombe and State of North Carolina resident of the waters of South Homony Creek now in the seventy fourth year of my age but in good health and of sound and disposing memory do make and ordain this to be my last will and testament.

Imprimis I direct my body to be decently interred at the Pisga Meeting house under the direction of my executor to rest in the ground until with humble reliance on the mercy of God through our Lord Jesus Christ I trust it will arise on the last day to the resurrection of the Just.

Touching such worldly substance as it hath pleased God to bless me with I will and devise as follows after my just debts and funeral expenses shall have been paid and as several of my children is married and have received lands and other property as advancements, I will now mention the character of said property & the same by myself to my son Madison Curtis lands on North Homony and a horse beast and saddle & cash in the amount of three hundred dollars. To my son Benjamin J. Curtis lands on North Homony where he now lives and a horse and saddle & cash in the amount of three hundred dollars to my son Jackson Curtis lands on North Homony and a horse & cash in the amount of three hundred dollars, to my son John Curtis a horse beast & cow worth seventy five dollars, to my daughter Elizabeth A Davis wife of Henry Davis one bed and furniture one cow & some other house furniture worth thirty three dollars, to my son Thomas Curtis one horse beast & one heifer worth eighty five dollars. To my son Washington now single one horse beast and stock hog worth sixty five dollars, To my son Joshua a horse beast moneys & cash in the amount of one hundred and seventy eight dollars & 95 cents, all the above sums as advancements now confirm.

I will and devise to my daughter-in-law Avaline Curtis wife of my son Amos Curtis the use and control of the land which she now lives on on North Homony, joining and above Benjamin Curtis Jr and below John Smathers until her eldest daughter Mary A. Curtis and daughter of my son Amos arrives at the age of twenty one after that time the said Avaline Curtis widow of my deceased son Amos Curtis to have use control and profits of one third part of the said tract of land for and during her life time.

I will and devise to my two granddaughters and children of my son Amos Curtis the names of said children are Mary & Martha the above last mentioned lands subject to the provisions above named to them to have and to hold to them and their heirs and assigns forever, also to said Mary & Martha ten dollars each to be paid by my executors out of the sale of my other effects within two years of my decease. I also will and devise to my two grandchildren of my son John Curtis ten dollars each to be paid in like manner as the above.

I will and devise to my son Jackson Curtis' (deceased) five children ten dollars each to be paid as the above. I will and devise to my son Joshua Curtis one hundred and fifty dollars to be paid so soon as letters testamentary shall be taken out on my estate provided there should be money on hand if not to be paid at expiration of two years.

I will and devise to my son Washington Curtis & his heirs & assigns forever that portion of my homestead lands and lying on the NE side of the creek & known as the hickory flats, said lands to commence at the N.W, corner of homestead tract of land a Spanish oak and corner of a tract known as the Gooden tract and to run down a ridge known as the old house ridge to a forked apple tree to in a field near where an old house used to stand thence North and a direct course to a branch then down said branch to a fork of said branch, thence a strait course N.E. to the point of a ridge, thence up the main top of the ridge to. the extreme out boundary of my lands in that direction then west & south around the out boundary of said land to the beginning supposed to be 75 acres worth two hundred dollars.

I further will and devise to my son Washington thirty five dollars in money to be paid in like manner as my son Joshua. I will and devise to my son Thomas Curtis and his heirs and assigns forever one hundred acres of land on said Curtis's Creek and known as the Gooden tract on which the said Thomas now lives west of the homestead place Where I now live. I also give and devise to my said son Thomas the west end of a fifty acre tract all that portion of said tract west and above the still house branch to be his and his heirs forever in all supposed to be one hundred and ten acres worth two hundred and twenty five dollars.

I will and devise to my well beloved wife Delilah for and during her life time all that portion of the homestead and plantation on which I now live on the south side of Curtis Creek & west of James Morgan lands and east of the still house branch. Also to my wife Delilah a horse beast and cow and calf to be hers absolute & her choice out of my horses and cattle also to my beloved wife Delila all my household and kitchen furniture for and during her life time except the family book, these books I desire to be divided amongst my wife and children but so as for my daughter Mary to have my family Bible.

I will and devise to my two daughters Elizabeth Davis wife of Henry Davis and Mary Curtis and their heirs and assigns forever that portion of my lands above devised to their Mother to come into their hands at the death of my wife Delilah also to them all the household and kitchen furniture in like manner.

I desire and direct that my executor hereinafter named shall sell all that portion of my lands not heretofore devised to any of my children after lawful advertisement on a credit of twelve months said lands lying on the north side of Curtis Creek joining and west of Jas Morgans & south of the lands devised to Washington Curtis east of the lands devised to Thomas Curtis and north of the lands devised to my two daughters also all others of my perishable property to be sold in like manner except such as I may hereafter set apart for my wife the proceeds of the above with the debts due me or moneys on hand with all other property real or personal of every kind after the debts and funeral expenses shall have been first paid with the legacies named shall have been satisfactorily settled then the residue to be divided equally between my sons Madison Curtis, Benjamin J. Curtis Jr., Washington Curtis & Thomas Curtis, Elizabeth Davis wife of Henry Davis & Mary Curtis. I will and devise that at my decease or before any sale is made of my property that my executor pick some suitable person, also my wife pick another and that these two persons may pick a third person whose duty it shall be to lay off my grain and other provisions, sufficient support for my wife till she shall be able to gather her first crop thereafter. My two guns is not intended to be regarded as household or kitchen furniture but are intended to be brought in under the head of perishable property.

Lastly I constitute and appoint my sons Benjamin J. Curtis & Thomas Curtis my executors in whose integrity and discretion I have full confidenc

Signed sealed and published in the presence of the witnesses hereunto subscribed their names in the presence of the testor who subscribed their names in the presence of each other this the 3rd day of May in the year of our Lord one thousand eight hundred and sixty.

Test Saml B Gudger

James M Morgan Benjamin Curtis sealBIO:

Benjamin J. & Delilah Rayburn Curtis Sr. were married Dec. 28, 1809 Burke Co. NC. They raised their family on Curtis Creek Road in Candler. Curtis Creek Road was named for Benjamin J. Curtis Sr. who owned a large tract of land there. Using his will date and his wife's, he died June 1864. He left two wills--May 1860 and June 1864. Wife said he was deceased as of July 1, 1864.

WILL:

He left a will on 3 May 1860 at Buncombe, North Carolina; Book A. Pages 225-228.
The Last Will and Testament of Benj. CURTIS

In the name of God Amen. I, Benj. Curtis of the County of Buncombe and State of North Carolina resident of the waters of South Homony Creek now in the seventy fourth year of my age but in good health and of sound and disposing memory do make and ordain this to be my last will and testament. Imprimis I direct my body to be decently interred at the Pisgah Meeting house under the direction of my executor to rest in the ground until with humble reliance on the mercy of God through our Lord Jesus Christ. I trust it will arise on the last day to the resurrection of the Just.

Touching such worldly substance as it hath pleased God to bless me with I will & devise as follows after my just debts and funeral expenses shall have been paid and as several of my children is married and have received lands and other property as advancements, I will now mention the character of said property & the same by myself to my son Madison Curtis lands on North Homony and a horse beast and saddle & c(ow) the amount of three hundred dollars. To my son Benjamin J Curtis lands on North Homony where he now lives and a horse and saddle & c to the amount of three hundred dollars, to my son Jackson Curtis lands on North Homony and a horse & c to the amount of three hundred dollars, to my son John Curtis a horse beast & cow & worth seventy five dollars, to my daughter Elizabeth A Davis wife of Henry Davis one bed and furniture, one cow & some other house furniture worth thirty three dollars, to my son Thomas Curtis one horse beast & one heifer & c worth eighty five dollars. To my son Washington now single one horse beast and stock hog worth sixty five dollars, To my son Joshua(?) a horse beast, moneys & c to the amount of one hundred and seventy eight dollars & 95 cents, all the above sums as advancements I now confirm.

I will and devise to my daughter-in-law Avaline Curtis wife of my son Amos Curtis the use and control of the land which she now lives on on North Homony, joining and above Benjamin Curtis Jr and below John Smathers until her eldest daughter Mary A Curtis and daughter of my son Amos arrives at the age of twenty one after that time the said Avaline Curtis widow of my deceased son Amos Curtis to have use control and profits of one third part of the said tract of land for and during her life time.

I will and devise to my two granddaughters and children of my son Amos Curtis the names of said children are Mary & Martha the above last mentioned lands subject to the provisions above named to them to have and to hold to them and their heirs and assigns forever, also to said Mary & Martha ten dollars each to be paid by my executors out of the sale of my other effects within two years of my decease.
I also will and devise to my two grand children of my son John Curtis ten dollars each to be paid In like manner as the above. I will and devise to my son Jackson Curtis (deceased) five children ten dollars each to be paid as the above.

I will and devise to my son Joshua Curtis one hundred and fifty dollars to be paid so soon as letters testamentary shall be taken out on my estate provided there should be money on hand if not to be paid at expiration of two years.

I will and devise to my son Washington Curtis & his heirs & assigns forever that portion of my homestead lands and lying on the NE side of the creek & known as the hickory flats, said lands to commence at the N.W. corner of homestead tract of land a Spanish oak and corner of a tract known as the Gooden tract and to run down a ridge known as the old house ridge to a forked apple tree to in a field near where an old house used to stand, thence North and a direct course to a branch then down said branch to a fork of said branch, thence a strait course N.E. to the point of a ridge, thence up the main top of the ridge to the extreme out boundary of my lands in that direction then west & south around the out boundary of said land to the beginning supposed to be 75 acres worth two hundred dollars. I further will and devise to my son Washington thirty-five dollars in money to be paid in like manner as my son Joshua.

I will and devise to my son Thomas Curtis and his heirs and assigns forever one hundred acres of land on said Curtis's Creek and known as the Gooden tract on which the said Thomas now lives west of the homestead place where I now live. I also give and devise to my said son Thomas the west end of a fifty acre tract all that portion of said tract west and, above the still house branch to be his and his heirs forever in all supposed to be one hundred and ten acres worth two hundred and twenty five dollars.

I will and devise to my well beloved wife Delilah for and during her life time all that portion of the homestead and plantation on which I now live on the south side of Curtises Creek & west of James Morgan lands and east of the still house branch. Also to my wife Delilah a horse beast and cow and calf to be hers absolute & her choice out of my horses and cattle also to my beloved wife Delilah all my household and kitchen furniture for and during her life time except the family book, these books I desire to be divided amongst my wife and children but so as for my daughter Mary to have my family Bible.

I will and devise to my two daughters Elizabeth Davis wife of Henry Davis and Mary Curtis and their heirs and assigns forever that portion of my lands above devised to their Mother to come into their hands at the death of my wife Delilah also to them all the household and kitchen furniture in like manner.

I desire and direct that my executor hereinafter named shall sell all that portion of my lands not heretofore devised to any of my children after lawful advertisement on a credit of twelve months said lands lying on the north side of Curtis Creek joining and west of Jas. Morgans & south of the lands devised to Washington Curtis east of the lands devised to Thomas Curtis and north of the lands devised to my two daughters also all others of my perishable property to be sold in like manner except such as I may hereafter set apart for my wife the proceeds of the above with the debts due me or moneys on hand with all other property real or personal of every kind after the debts and funeral expenses shall have been first paid with the legacies named shall have been satisfactorily settled then the residue to be divided equally between my sons Madison Curtis, Benjamin J. Curtis Jr., Washington Curtis & Thomas Curtis, Elizabeth Davis wife of Henry Davis & Mary Curtis. I will and devise that at my decease or before any sale is made of my property that my executor pick some suitable person, also my wife pick another and that these two persons may pick a third person whose duty it shall be to lay off my grain and other provisions, sufficient support for my wife till she shall be able to gather her first crop thereafter. My two guns is not intended to be regarded as household or kitchen furniture but are intended to be brought in under the head of perishable property.

Lastly I constitute and appoint my sons Benjamin J. Curtis & Thomas Curtis my executors in whose integrity and discretion I have full confidence.

Signed sealed and published in the presence of the witnesses hereunto subscribed their names in the presence of the testor who subscribed their names in the presence of each other this the 3rd day of May in the year of our Lord one thousand eight hundred and sixty. Wit; Saml. B. Gudger & James M Morgan.

Signed Benjamin Curtis (seal).13

-----------------

WILL:

June term 1864 Book A Page 225.
The Last Will and Testament of Benj Curtis
In the name of God Amen

I Benj Curtis of the County of Buncombe and State of North Carolina resident of the waters of South Homony Creek now in the seventy fourth year of my age but in good health and of sound and disposing memory do make and ordain this to be my last will and testament.

Imprimis I direct my body to be decently interred at the Pisga Meeting house under the direction of my executor to rest in the ground until with humble reliance on the mercy of God through our Lord Jesus Christ I trust it will arise on the last day to the resurrection of the Just.

Touching such worldly substance as it hath pleased God to bless me with I will and devise as follows after my just debts and funeral expenses shall have been paid and as several of my children is married and have received lands and other property as advancements, I will now mention the character of said property & the same by myself to my son Madison Curtis lands on North Homony and a horse beast and saddle & cash in the amount of three hundred dollars. To my son Benjamin J. Curtis lands on North Homony where he now lives and a horse and saddle & cash in the amount of three hundred dollars to my son Jackson Curtis lands on North Homony and a horse & cash in the amount of three hundred dollars, to my son John Curtis a horse beast & cow worth seventy five dollars, to my daughter Elizabeth A Davis wife of Henry Davis one bed and furniture one cow & some other house furniture worth thirty three dollars, to my son Thomas Curtis one horse beast & one heifer worth eighty five dollars. To my son Washington now single one horse beast and stock hog worth sixty five dollars, To my son Joshua a horse beast moneys & cash in the amount of one hundred and seventy eight dollars & 95 cents, all the above sums as advancements now confirm.

I will and devise to my daughter-in-law Avaline Curtis wife of my son Amos Curtis the use and control of the land which she now lives on on North Homony, joining and above Benjamin Curtis Jr and below John Smathers until her eldest daughter Mary A. Curtis and daughter of my son Amos arrives at the age of twenty one after that time the said Avaline Curtis widow of my deceased son Amos Curtis to have use control and profits of one third part of the said tract of land for and during her life time.

I will and devise to my two granddaughters and children of my son Amos Curtis the names of said children are Mary & Martha the above last mentioned lands subject to the provisions above named to them to have and to hold to them and their heirs and assigns forever, also to said Mary & Martha ten dollars each to be paid by my executors out of the sale of my other effects within two years of my decease. I also will and devise to my two grandchildren of my son John Curtis ten dollars each to be paid in like manner as the above.

I will and devise to my son Jackson Curtis' (deceased) five children ten dollars each to be paid as the above. I will and devise to my son Joshua Curtis one hundred and fifty dollars to be paid so soon as letters testamentary shall be taken out on my estate provided there should be money on hand if not to be paid at expiration of two years.

I will and devise to my son Washington Curtis & his heirs & assigns forever that portion of my homestead lands and lying on the NE side of the creek & known as the hickory flats, said lands to commence at the N.W, corner of homestead tract of land a Spanish oak and corner of a tract known as the Gooden tract and to run down a ridge known as the old house ridge to a forked apple tree to in a field near where an old house used to stand thence North and a direct course to a branch then down said branch to a fork of said branch, thence a strait course N.E. to the point of a ridge, thence up the main top of the ridge to. the extreme out boundary of my lands in that direction then west & south around the out boundary of said land to the beginning supposed to be 75 acres worth two hundred dollars.

I further will and devise to my son Washington thirty five dollars in money to be paid in like manner as my son Joshua. I will and devise to my son Thomas Curtis and his heirs and assigns forever one hundred acres of land on said Curtis's Creek and known as the Gooden tract on which the said Thomas now lives west of the homestead place Where I now live. I also give and devise to my said son Thomas the west end of a fifty acre tract all that portion of said tract west and above the still house branch to be his and his heirs forever in all supposed to be one hundred and ten acres worth two hundred and twenty five dollars.

I will and devise to my well beloved wife Delilah for and during her life time all that portion of the homestead and plantation on which I now live on the south side of Curtis Creek & west of James Morgan lands and east of the still house branch. Also to my wife Delilah a horse beast and cow and calf to be hers absolute & her choice out of my horses and cattle also to my beloved wife Delila all my household and kitchen furniture for and during her life time except the family book, these books I desire to be divided amongst my wife and children but so as for my daughter Mary to have my family Bible.

I will and devise to my two daughters Elizabeth Davis wife of Henry Davis and Mary Curtis and their heirs and assigns forever that portion of my lands above devised to their Mother to come into their hands at the death of my wife Delilah also to them all the household and kitchen furniture in like manner.

I desire and direct that my executor hereinafter named shall sell all that portion of my lands not heretofore devised to any of my children after lawful advertisement on a credit of twelve months said lands lying on the north side of Curtis Creek joining and west of Jas Morgans & south of the lands devised to Washington Curtis east of the lands devised to Thomas Curtis and north of the lands devised to my two daughters also all others of my perishable property to be sold in like manner except such as I may hereafter set apart for my wife the proceeds of the above with the debts due me or moneys on hand with all other property real or personal of every kind after the debts and funeral expenses shall have been first paid with the legacies named shall have been satisfactorily settled then the residue to be divided equally between my sons Madison Curtis, Benjamin J. Curtis Jr., Washington Curtis & Thomas Curtis, Elizabeth Davis wife of Henry Davis & Mary Curtis. I will and devise that at my decease or before any sale is made of my property that my executor pick some suitable person, also my wife pick another and that these two persons may pick a third person whose duty it shall be to lay off my grain and other provisions, sufficient support for my wife till she shall be able to gather her first crop thereafter. My two guns is not intended to be regarded as household or kitchen furniture but are intended to be brought in under the head of perishable property.

Lastly I constitute and appoint my sons Benjamin J. Curtis & Thomas Curtis my executors in whose integrity and discretion I have full confidenc

Signed sealed and published in the presence of the witnesses hereunto subscribed their names in the presence of the testor who subscribed their names in the presence of each other this the 3rd day of May in the year of our Lord one thousand eight hundred and sixty.

Test Saml B Gudger

James M Morgan Benjamin Curtis seal

Benjamin married Delilah Rayburn on 28 Dec 1809 in Burke, North Carolina, USA. Delilah was born in 1792 in North Carolina, USA; died after 1 Jul 1864; was buried in Pisgah United Methodist Church Cemetery, Candler, Buncombe, North Carolina, USA. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Also Known As: Della