WILL OF PETER BINKLEY

In the name of God Amen, I, Peter Binkley of the County of Stokes in the State of North Carolina being of Sound disposing mind, memory, and understanding through the Mercy of God, Do make and ordain this my last Will and testament in manner and form following that is to say, first and principally I resign my soul with the utmost Humility into the hands of the Almighty God my Creator humbly hoping for a blessed immortality through the merits and mediation of my blessed Savior and redeemer Jesus Christ & my body I desire may be peaceably and decently buried.

And as for such Temporal Estate as the Lord in his great goodness & mercy has given me & whereof I am now in possession I give and bequeath unto my beloved wife Margaretha during her natural life all the rents interest profits and income of all my Estates both real and personal to have and to hold the same for and during her natural life and unto the full end & expiration thereof. And as for the management of my said Estate I will that after my decease an exact inventory and appraisement of all my Estate both real and personal be made by two knowing and honest Freeholders out of the Neighborhood the one of them to be chosen by my said wife Margaretha and the other by my executors hereafter to be named and if two such freeholders cannot agree then the said freeholders shall choose the third freeholder to be arbiter between them. And I will that after the execution of such inventory and appraisement/: copies whereof in writing are to be given one unto my said wife Margaretha and another unto my executors/: all my lands tenements, _______, livestock, and chattel by my said executors shall be let out at and for the most improved rent that may and can be gotten for the same for the benefit of my said wife Margaretha and therefrom she shall be maintained for and during her natural life and so that the lands tenements _____________& buildings with every thing there unto belonging or appertaining and also every thing rented away shall be kept in good order by the renter or executor I further will that my said wife Margaretha shall keep and rent the plantation whereon I now live together with the buildings thereon if she is willing so to do and in case she declines the keeping and the said plantation then the said plantation by my said executors shall be let out to any other person or persons to the best advantage as aforesaid and further I will that in any case my said wife Margaretha during her natural life shall keep unto her own use my now dwelling house without an Gift or Maturation whatsoever

I further give and bequeath unto my sons John Binkley Peter Binkley Frederick Binkley Joseph Binkley Jacob Binkley, Christian Binkley and John Shemel all in the State of North Carolina and likewise unto my son John Adam Binkley in Cumberland to each of them the sum of three pound lawful money of the State to be taken into possession by each of them within one half year after the decease of my said wife Margaretha. After deduction the above twenty four pounds which I have already disposed of, all my estate both real and personal shall be divided into fourteen equal parts of which I give unto my son John Binkley now in North Carolina one part. I give unto my son Peter Binkley now in North Carolina one part I give unto my son Joseph Binkley now in North Carolina one part I give unto my son Fredrick Binkley now in North Carolina one part I give unto my son Jacob Binkley now in North Carolina one part I give unto my son Christian Binkley now in North Carolina two parts I give unto my son John Adam Binkley now in Cumberland one part I give unto my son John Shemel/: who is a natural son of my wife Margaretha now in North Carolina one part. I give unto my Daughter Sara Bartly wife of Edward Bartly of North Carolina one part,I give unto my Daughter Christina Fisher wife of Chasper Fisher of Cumberland one part. I give unto my Daughter Catharine Honig late wife of Honig Dec’d of Stoverstown in Virginia one part, I give unto my Daughter Margaretha Wollewether wife of Ulric Wollewether of Stanton in Virginia one part I give unto my Daughter Elizabeth Herbach deceased late the wife of Georg Herbach of Manakosey in Maryland one part and whereas my daughter Elizabeth Herbach is deceased I will that the part belonging to her shall be given to and divided among the Children of her body equally to each one alike out of the above part. And I will that each of my sons and each of my Daughters shall have their part respectively within the span of one year after the above Division

And I will that my son Christian Binkley/: who seems to be of a Simple & unthoughtful Mind and disposition shall choose one of his own Brothers, with who he shall stay during the remainder of his life which Brother so chosen if he is willing to perform it shall give a bond with approved Security unto my said son Christian to be secured by any honest & able friend he may choose for that purpose that my said son Christian during the remainder of his lifetime and to the full end and expiration thereof shall stay with him the said Brother He, the said Brother during all such time shall find unto and for my said son Christian good and sufficient meat Drink clothing washing lodging and good attendance in Sickness and after his decease shall cause him to be decently buried He the said brother as a reward for his services shall have all the benefit of my son Christian’s labors and after having performed all and every such Article and Articles the said brother shall have then all the inheritance which my said son Christian may then have or which he may be entitled to take possession of by virtue of this my last Will & testament

and further I will that all and every of my Children who may have had of me money land goods or chattel or any other articles whatsoever on account of their respective inheritances before the signing of this my last Will and Testament shall be accountable for the same unto my Estate and also shall pay interest at the rate of five per Centum per annum unto my Estate and the Interest to begin from the first Day of January AD one thousand seven hundred & ninety one and likewise I will that whoever afterward may get any Articles of what name soever of me or of my said Wife Margaretha on account of his or her inheritance shall therefore be accountable unto my Estate and shall pay interest as above mentioned unto my Estate of such articles from the time of taking them into possession until the final division of my Estate after the decease of my said wife Margaretha and I will that after the decease of my said Wife Margaretha any real Estate by my executors hereafter to be named shall be sold to the highest bidder and to the best advantage and I herewith empower my said executors to make good, full, and sufficient title of all my real Estate or any part thereof to any buyer thereof

And I will that my executors shall not be answerable the one for the other or for the acts, deed or defaults of the other nor shall either of them be answerable for any part of my Estate but such as shall come to his respective hands And I do hereby will and appoint that my executors shall by and out of my Estate retain & Satisfy themselves all such costs and charges as they shall reasonably be put unto in the execution of this my last Will and testament And I do revoke hereby all other wills by me formerly made & declare this only to be my last will & Testament

And I do Appoint my Sons John Binkley and Peter Binkley Executors thereof And in Case they or any of them shall die or move out of this State then the next oldest of my sons living in this State shall be the executor and executor thereof.

In Witness whereof I the said Peter Binkley heir for the two first Sheets & for this third & last sheet of this my last will set my hand and seal unto this third Sheet. And I do herewith acknowledge all the three Sheets comprehensively to be my last Will & Testament this third Day of March in the year of our Lord one thousand seven hundred and ninety one.

Peter Binkley his mark (buried at Bethania 1704-Aug 20, 1793 native of Switzerland came from Maryland in 1772 Binkele).

Executors: Sons, John and Peter.

Signed Sealed published and Declared by the said Testator Peter Binkley as and for his last will & Testament in the presence of us who have subscribed our names and witness thereto in the presence of the said Testator: Abraham Steiner, Juret: Christian Stauber, Matthew Esterlein.”

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