The Last Will and Testament of James Thomson 1843

In the name of God, Amen, On the eleventh day of October in the year of our lord eighteen hundred and forty three, I, James Thomson, esquire, of Pleasant Vale, Tryon River, Yeoman, being of perfect mind and memory do make an ordain this, my last will and Testament, (that is to day) Principally and first of all I give and recommend my soul into the hands of Almighty God who gave it and my body I recommend to the earth to be buried in a decent Christian burial at the discretion of the Executors and as touching such worldly estate wherewith it has pleased God to bless me in life, I give and divide and dispose of the same in the following manner.

First I give and bequeath to Sarah Thomson, my dearly beloved wife, the possession and use of my estate with all and singular movables, that belong to me or are on my estate, together with all the dues, debts and demands that I have against any person or persons, in order that she may bring up the family thereon and she is not to be allowed to give it out of her own hands until her death and if she should happen to marry after my death, her husband, or any of his concerns, are not to be allowed to, have any part or parcel or emolument of, the same and the estate as above stated is not to be wasted, destroyed or squandered in any improper manner. The estate as before stated is to be subject to the following encumbrances that is in the first instance my funeral expenses are to be paid together with all upright dues, debts and demands against me are likewise to be paid and fully satisfied.

Second I bequeath onto James Thomson my oldest son and to David John Thomson my second son and to John Kier Thomson my fourth son and to Margaret Thomson now Margaret Mcclaverty my oldest daughter and to Isabella Thomson now Isabella White my third daughter each and every one of them one shilling as they have received their patrimony or share before.

Third I bequeath onto my second daughter Helen Thomson two cows, ten sheep and two yearling pigs and what other necessaries her mother sees meet to give onto her such as bed bedding and the like in moderation if she has not received or commuted them before my death.

Fourth I give and bequeath onto Andrew Nichole Thomson my third son alive one cow, one pair of two year old steers rising three, six sheep, and two yearling pigs if he hath not received or commuted them before my death. The rest of his share he has received before.

Fifth I bequeath onto Elizabeth Jane Thomson, my fourth daughter two cows, six sheep and two yearling pigs, with what other necessities her mother sees meet to give onto her in moderation, if she has not received or commuted them before my death or is married, or has arrived at age of twenty one.
Sixth I bequeath onto Charles Muttart Thomson my fifth son and William MacGregor Thomson, my sixth son each separately, one cow, one two year old heifer, rising three, one pair of two year old steers rising three, one foal, six sheep, and two yearling pigs if they did not receive or commute them, and William MacGregor Thomson is not to have any claim on his share until he arrives at the age of twenty one years.

Seventh I bequeath onto Dudley John Ready Thomson my youngest son, and all singular of the farm of Pleasant Vale that I live on with all and singular of the moveable property except before bequeathed and has not been paid at his mothers death and if he come to the age of twenty years old. He is not to have the said estate delivered onto him with all the appurtenances thereof as his own right and property never the less he is under the tultion care and direction of the executors until he arrives at the age of twenty one years. And if there is not more than two cows and one pair of working oxen, one breeding mare, eighteen sheep and six pigs on the farm, then in that case those who have not received their legacies may compute their patrimony at a proper value or wait until it is raised on the farm, if it cannot be purchased for them and it is my will and pleasure that those of the children who have not come to age, and who are not obedient unto, or does not stay with their mother and help to take care of her then in that case their mother, if she pleases may curtail them somewhat of their legacies, and it is further my will and pleasure that the pasture lot at Princetown Royalty ,at my wife's death, is sold in order to help pay off what legacies are due. If there is no legacies due then the proceeds thereof is to divided equally between the whole of my children except Dudley John Ready, who is to have none of the proceeds thereof or if any of my children wish to hold possession of the said pasture lot, it is to be valued, and he or she who desires to hold the same, is to pay onto the rest their equal share of the valuation thereof. And it is my further will and pleasure by this my last will and Testament, that the farm or the Estate of Pleasant Vale at Tryon River that I now live on, is to be an entailed Estate according to the following order and regulations.

First it is to be the property of Dudley John Ready Thomson, and his heirs male after him of his body begotten in lawful wedlock and he and all other occupiers or life renters are to subject all the burdens contained in the instrument whereby the said farm of Pleasant Vale is to be held and so in a regular line of heirship, the male side, and if it should happen that there should be no male heirs descending from him in a regular line of heirship then in that case the said Estate of Pleasant Vale at Tryon River is to be inherited by his female heirs{ to wit] his oldest daughter, and at her decease his second daughter and so on until it goes over his daughters of his own body as aforesaid and then it is to fall back to the heir male of the oldest son James Thomson, and if it should happen that the male heirs of his family should be extinct, then in that case, it is to revert back to the next of my own family of the male line heirship and lead on in a regular line of heirs visa versa as the case may be until all of the males of my own family and their male heirs are run over and then it is to revert back to the female heirs of my own family and so lead on in a regular line of heirship visa versa as the case may be.

Never the less it is to be clearly understood that each and every owner or life renter of the farm or Estate of Pleasant Vale at Tryon River, owning it as his own and proper Estate, must either bear the name Thomson as his proper surname from his father or he must adopt the name Thomson as his proper surname. Otherwise if does not adopt the name Thomson, the Estate goes to the next heir in succession, as the case may be according to the true purport and meaning of this my last Will and Testament and it is my further will and pleasure that the Estate of Pleasant Vale at Tryon River is never to have less stock left on the farm or Estate then one pair of oxen not over five years old, one breeding mare not less than four years old or more than ten years, two cows, eighteen sheep and six pigs. The said Estate and stock with all other appurtenances shall be free of all encumbrances of what ever sort or denomination at the death of the former heir or owner so that the next heir may enter thereon and enjoy the said Estate as lawful right and property, without any debts, burdens, or fraudulent reservations or extractions what so ever further than the years dues that is running on (at the death of the former possessor) which are specified in the instrument whereby the farm or Estate is held. The said dues taxes or burdens are to be paid by the heir for the time being. And it is my further will and pleasure that no lease of a longer endurance than the life of the heir, occupier or owner for the time being, shall ever be given for the Estate of Pleasant Vale at Tryon River or any part thereof. And also on the demise or the death of whatever heir was firmly in possession of the said Estate of Pleasant Vale. He is to have a decent Christian burial and the next heir coming into possession of the said Estate shall be at the expense thereof, but it is to be understood that there is to be no profusion or undue expense to be made thereon

I do here constitute and appoint my wife Sarah Thomson my Executrix and James Thomson my oldest son and David John Thomson by second son my Executors to this my last will and testament for the management of my effects, whole or singular, real or personal, as the case may be and after them all heirs apparent, or heirs presumptive so that this my last will and testament and will of entail may be truly kept, done or preformed, and to enforce the same according to the true purport and meaning thereof..

As witnessed my hand and seal day and year first above written

James Thomson

Signed, sealed and published
Pronounced and declared
By the said James Thomson Esquire
As his last will and testament in the presence of
William Wood
William Thomson
David Thomson