State of North Carolina Chowan County
In the name of God, Amen. I Edmund Brinkley, of the state and County aforesaid, being very sick but of sound and disposing mind and mery (sic). Thanks be to God. Being apprehensive of death I make this my last will and testament. I resign and commend my soul to Allmighty God, who gave it, my body to the earth to be buried in a decent manner.
I give and bequeath to my wife Susannah Brinkley certain property as follows, All my household furniture, Three bed and furniture, A pair of mahogany tables. A mahogany stand, one side board, and half dozen Willow Bottom Chairs excepted to be mentioned hereafter. All the work house and Cook room contents. All the stands in the smokehouse and store room, Her choice of two sets plough gear, Any two plows, one horse cart and tacklings, Rockaway and harnist (sic), Gig and harnest (sic). It is my desire that there shall be no sale until the crop is housed.
I give and bequeath to my wife or widow fifty barrels of corn, three thousand lbs. Fodder, All the Shucks, twenty Bushels peas, Thirty bushels wheat, fifteen hundred pounds pork, one thousand herrings, six bushels salt. Twenty gallons molasses, one hundred pounds sugar, fifty pounds coffee.
It is my will and desire that my sale be about the last of Nov. so that my hogs will be in good (illegible).
I now proceed with my stock. I give and bequeath to my wife or widow my young bay horse or seventy five dollars, Her choice of two cows & calves and one heifer, One Ox that is now on hand, Ten head of sheep, Her choice of two sows and pigs.
I now proceed with my land and negroes. I give and bequeath to my son Miles C. Brinkley All my land lying north of the shelter ditch that divides my low ground filed, Making a straight line on the south side of said ditch, from Riddicks line to James S. Roberts line, with the privilege of draining the water from said piece of land, down the leading ditch next to Mrs. Bushes line. I also give him my saddle.
I give and bequeath to my son William T. Brinkley and my daughter Sarah E. Creecy, all my land on the west side of the Virginia and Mill Road in the following manner. To be kept to gether (sic) and rented out until William T. Brinkley becomes of age, three fifths of rent to William and two fifths to Sarah. At that time if Sarah desires and her agent or guardian who is to be Miles C. Brinkley thinks it necessary, her two fifths is to be valued and laid out in such property as herself and agent or guardian thinks best to her use.
I also give and bequeath to my son William the piece of land in the fork between the Va and Mill Road. I give and bequeath to him my gun and after my wife deceased, side board and half dozen willow bottom chairs. I give and bequeath to my daughters Susan M. and Martha J. Brinkley a piece of land about eight or ten acres beginning in the Va. Road James S. Roberts line running said line to a pine named in the old deed and distance named one hundred and thirty poles, thence to Va. Road, again making a straight line and to be ninety yards wide at the Va. Road. To be sold by my executor provided he can sell it for one hundred dollars at any time, before my son Albert E. Brinkley becomes of age. If not sold in said manner it is to be publicly sold after Albert becomes of age and equally divided between them. I lend to my wife the track of land on which I live running as follows, to begin at the fork of a leading new ditch next to next to (sic) Mrs. Robinsons running up said ditch through the woods, one hundred and fifty yards from the field fence, thence to the pine before mentions. James S. Roberts line thence to Va. Road, down Va road to Stephen Dolbys line, running said line and swamp to first Station. The remaining land that I have not mentioned is to be rented out for the equal benefit of Ann E. Brinkley and Albert E. Brinkley. I give and bequeath to my daughters Susan M. and Martha J. Brinkley my boy Jim, to be hired out until he is sixteen years of age. Also to each of them a Bed and furniture, Also my wifes (sic) deceased a Mahogany table each, And to Martha Jane at my wifes (sic) decease a mahogany stand. I give and bequeath to my daughter Rosanna Brinkley my girl Charlotte to remain with my wife or widow until Rosannah becomes of age provided she will keep Rosannah free of charge. I give and bequeath to my son Albert E. Brinkley and my Daughter Anne E. Brinkley the land on which I live, their mother’s lifetime rights excepted, to be divided as follows: After my wife or wide death it is to be valued by albetration [arbitration ?] including the land that I have set apart to be rented out for them, giving Albert E. two thirds and Ann E. one third. If Albert E. is not willing to take at the valued price it is to be publicly sold. Also I give and bequeath to Ann E. one Bed and Furniture. It is my will and desire and I do appoint my son Miles C. Brinkley Executor to this my last will and testament as he is to cultivate my farm according to an agreement heretofore made. I put it in his power as executor to sell my property that is not given off to the best advantage, including one years (sic) rent of land, to pay all my just debts. If there should be any surplus left it is to be divided between my wife or widow & my executor, two thirds to her and one third to him. If my executor at any time thinks that he can get along with the crop without my sorrel filly he is at liberty to dispose of her at private sale and make a good right.
I appoint Miles C. Brinkley Guardian to Susan M., Martha J., and William T. Brinkley.
A appoint my wife Guardian to Rosannah, Ann E., and Albert E. Brinkley.
In witness whereof I set my hand and seal, March 18th 1853
Edm Brinkley [Seal]
Signed in the presence of
The foregoing paper writings purporting to be the last will and testament of Edmund Brinkley, deceased is exhibited for probate, in open court, by Miles C. Brinkley the executor thereon named and the due executor thereof by the said Edmund Brinkley it proved by oath and examination of William Roberts one of the subscribing witness[es] thereto. It is therefore considered by the Court that said paper writing and every part thereof is the last will and testament of the said Edmund Brinkley and the same is ordered to be recorded and filed.
And thereon the said Miles C. Brinkley executor as aforesaid duly qualified as such by taking the oath as required by law.
Wm. R. Skinner Clk [Clerk]