Found in NC Supreme Court Case # 4909

In the name of God Amen, I Joseph Loftin of the County of Lenoir & State of N 
Carolina Being of Sound mind and memory hath this 7th Day of July in the year 
of our Lord A.D. 1834 made and ordained this my Last will and testament in 
manner and form Following that is to say I commit my Soul to God who gave it 
me and my Body to my Executor to Be Buried in Masonic form

Item 1st.  I loan to my beloved wife Polly Loftin the Plantation or Part 
thereoff agreeable to the Bonds hereafter mentioned that is to Say Beginning 
at the mouth of the Big Ditch down the swamp and running up the Same to the 
mill and then along the lower side of the west End of the Dam to the End then 
across and with the fence to the fields where Frederick B. Loftin now Tends 
then with the East End of that Fence to what is Called the Erwin field fence 
then along that to the Bank fence then with the west End of that fence to the 
Corner and then to include all this Part of the Plantation with Cobbs fence 
and mine to the Beginning with the Privilege of Timber of any Kind for her and 
family, and all my household and Kitchen Furniture Except such as I shall 
hereafter Give away Corn and Provisions Enough to serve her and here Family to 
Christmas, one yoke of oxen, ox cart – Three heads of Horses her choice Three 
plougs and gear five cows and Calves or yearlings 2 Steers for Beef, as many 
of my Hogs as she Thinks will do for her 5 ews and Lambs her Sadle & Bridle 
her Double Gig the Loom and all the apparaties the following Negroes to wit – 
Ellis Bill London Lucy Silvah Judah & Nancy 2 Grubbing hoes 3 axes 3 weiding 
hoes all her choice Provided she will keep my three youngest children free 
from Expence and Educate them if she lives long Enough or untill they come of 
age or day of marriage, all the above property I loan to her on the above 
conditions

Item 2nd.  I have give to my Son Fred. B. Loftin by Deed & Bill of Sale the 
Land that I Allotted for him and a Boy Sam and a Part of Lots and other things 
which he has got In his Possession and one Negro Boy by the name of Primas, to 
him his heirs and Assigns for ever

Item 3rd.  I give and Bequeath to my Son-in-law John Oliver and his wife 
Penelope one gun and one negro Boy By the name of Right and the negro Girl 
that they have got and has been So often in Division in the Simmons estate by 
the name of Rachel as I never Before made a written title though I always 
considered the title in the Division to be good to her and him & their heirs 
and asigns forever

Item 4th.  I give and Bequeath unto my son in law Joseph Rhem Ten Dollars in 
Cash to be paid out of my Estate to him his heirs and asigns forever and the 
Boy Cato I have Given him a Deed for already to him his heirs and asigns 
forever

Item 5th. I give and Bequeath to my Daughter Mary An Eliza Loftin the 
following Property that is to Say one Bed Stead Bed and Furniture one Side 
Saddle & Bridle and the following Negroes to wit – Sarah Luke Eliah Riah & 
Raney to her her heirs and asigns forever

Item 6th. I give and Bequeath to my two Sons John Lewis Loftin & Joseph James 
Oliver Loftin or the surviving one when they come of age or in other words if 
they live to be of age or the Surviving one one Bed and furniture apiece and 
all my Lands except the Lenord Loftin Lands and that with the Old Road which 
will make 750 acres and it is my will and desire that, that part-not-loaned to 
my wife to Rented out until my wifes Death then all to be sold and a credit of 
one & two years payment and the money arising from the sale to be Kept on 
Interest until they come of age or day of marriage on the surviving one to 
have the whole if Both living then an Equal division with them in the Negroes 
if living and if not the survivor to have the whole say ?? & sum London Nancy 
Leah Jacob Bet Gomen then their increase to them their heirs and asigns 
forever and Judah also if Joseph Elizabeth Rhem should die

Item 7th.  I give and Bequeath provided my Grandson lives to come of age or 
day of marriage say Joseph Elizabeth Rhem one Negro Girl by the name of Judah 
to him his heirs and asigns forever

Item 8th. At my wifes death I Give and Bequeath to my Grandson Furnifold G. 
Simmons one Bed and Furniture, also to my son Fred. B. Loftin Old Ellis and to 
my son in law John Oliver one negroe Girl or woman by the name of Lucy all to 
them their heirs and assigns forever

Item 9th.  I Give and Bequeath unto Benjamin C. Simmons one Common horse 
Bridle & Saddle Provided he lives with my wife until he comes of age

Item 10th.  All of the rest of my property not Given away I leave to be sold 
on a Credit of six months and to pay my just debts and at my wifes death, all 
the Property Loaned her and not heretofore Given away Please to be sold and 
Equally divided Between my three youngest Children say John Lewis Loftin M. A. 
Eliza Loftin and Oliver Loftin to them theirs heirs and forever

Item 11th.  I leave the Lenord Loftin Lands to be immediately sold as my 
Executors will think Best to pay my debts with

Item 12th.  It is my will and desire that all my Family shall Continue 
together until the crop is made and housed and the Cotton Picked out and all 
the Tar Carried off with the Ton Timber got to carry it with and pay Fred. B. 
Loftin for attending to it to go towards paying my Just debts and if there 
should not be Enough to pay my debts then it is my will and desire that each 
heir shall pay in proportion to the Residue agreeable to their legacies

Item 13th.  I make and ordain this my Last will and testament Revoking all 
wills heretofore made by me and nominate and appoint my worthy friends 
Frederick B. Loftin and Blount Colemon Executors to this my last will and 
testament the day and date above written
Joseph Loftin

Signed Sealed and Acknowledge in presence of us as witnesses
F. Isler Becton
Zachariah Gray
John Mackie
Ruben Knox





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