Last Will & Testament of John Knox

[Transcribed by me from an NC Archives copy of the Original Will.  All spelling and punctuation is as found in original document; my comments are in square brackets]

 

 

John Knox penned his Last Will & Testament in 1853. Are there any previously undetected clues in his will that might help us unlock his, or Mary's, ancestry?   Let's take a fresh look…

 

 

 

 

LWT of John Knox

 

Dated June 25, 1853,

probated July Term 1860,  

Recorded in Mecklenburg County NC, Will Book J & page 89.

 

 

In the name of God Amen. I, John Knox, of the County of Mecklenburg and State of North Carolina being of health of body and sound and disposing mind do on this 25th day of June in the year of our Lord one Thousand eight Hundred and Fifty Three [1853] do make and declare and establish this as my last will and Testament in manner and form following

 

1st I give and bequeath to my wife Mary B. Knox a Negro woman named Milly three cows and calves one bed and furnature the Gray Horse called Crocket one Beaureaw the chars belong to the house & Table and all the Kitchen furnature

 

2nd I give and bequeath to my Eldest Son, Robert J Wilson One Hundred and Twenty Six Acres of Land Known by the name of the Blakely place on which he now lives and has a deed for the same, a Horse Saddle & Bridle a bed which he has received and my old wagon which he also has in possession

 

3rd I give and bequeath to my Daughter Mary B. Smith One Note on David S. Hutchinson for the amount of One hundred Dollars

 

4th I give and bequeath to my Son Patrick J. Knox One Hundred Dollars also one Gray Horse Saddle and Bridle which he has received, also one Bed and furnature

 

5th I gave and bequeath to my Son John R. Knox one Gray mare, and White Colt named Nelson also one Bed & furnature one small Table also the small cubbord also one Beaurow

 

6th I give and bequeath to my Son Andrew S. Knox one mare called Fanny one Bed and furnature one Beurow also one Candle Stand

 

7th I give and bequeath the residue of my Land to my Two Sons John R. Knox and Andrew S. Knox Subject to the dower of my Wife, Mary B. Knox and the Same to the Said John & Andrew at her death - and further if either of my two sons John or Andrew should die without heirs of their body their share of the land shall go to the Survivour of the two Sons John or Andrew.

 

8th My Negro man Jim to remain on the farm until my Son Andrew S. becomes of age and it is further my will that when of age my Sons John R. and Andrew S. to hold the Said Negro Jim between them in equal Shears and if either of the two Sons John R. or Andrew S. should die without heirs of their body the Survivour of two John R. or Andrew S. shall be the Sole heir of the said Negro man Jim

 

9th It is further my will that after my funeral expences and all just debts are paid if their Should be any money or Notes remain on hand, that it should be equally devided between my two Sons John R. and Andrew S. Knox.

 

10th It is further my will that my wagon gears and all my farmer utentials also the Ballence of the Cattle, hogs & Sheep in equeal shares between my two Sons John R. & Andrew S. Knox also Should I be called off before their Mother that they should be Kind and allow her a decent and Sufficient Support while She lives

 

11th I further constitute and appoint Robert J. W. & John R. Knox my legal Executors to execute this my last will and Testament In Testamony whereof I have set to my hand and affixed my Seal this day and year before written

 

Signed and acknowlegd                                                                                                                             John Knox (Seal)

 

In the presents of

W. A. Gillispie

E. A. McCaulay

 

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State of North Carolina

Mecklenburg County       July Term 1860

 

I Certify that the execution of the ______ and forgoing will was duly process in open court on the Oaths of W. A. Gillispie and E. A. McCauley the subscribing _______ thereto, and Ordered to be Recorded, and that the Executors therein named appeared and was duly qualified to execute the same.

W. K. Reid, csc

 

 

 

 

 

 

 

 

The facts contained in John Knox's June 1853 LWT include:

 

Names of Heirs:

 

Wife: Mary B.

Eldest son: Robert J. Wilson Knox

Dau: Mary B. Smith [Mary B. Knox, Jr.]

Son: Patrick J. Knox

Son: John R. Knox

Son: Andrew S. Knox

 

Significant Property Mentioned:

 

Two Negro Slaves: a Woman, Milly and a man, Jim

 

A "$100 note on David S. Hutchison" 

 

"Land" willed to 3 of his four sons:

 

1) Robert J. Wilson Knox: "126 A. known as the Blakely place where he now lives and which is already deeded to him" and

 

2) John and 3) Andrew Knox: "residue of my land to my sons John and Andrew, subject to the dower of my wife, and if either should die the survivor is to inherit the share of his brother"

 

Executors: Robert J. W. Knox and John R. Knox

Witnesses: W. A. Gillespie and E. A. McCauley

 

 

 

 

What does John’s Will tell us?

 

First, let’s look at what it does not tell us…

 

John and Mary had three daughters, but only named one in his LWT.   Neither Hannah, b. abt 1818, nor Margaret, b. abt 1814, are mentioned.

 

Hannah E. Knox, the youngest daughter, died in August 1835 before her father.  She is buried at Bethel Presbyterian, Cornelius, Mecklenburg Co, NC; however, she never married, so had no heirs. Her tombstone reads “Hannah E. dau. of John & Polly B. Knox, aged 17 yrs. 9 mos.”   We don’t know what the E. stood for, but I speculate it was probably Elizabeth.  Also, speculate that John’s sister Hannah, who married Samuel Wilson, Jr. and Polly B’s sister Elizabeth, who married Alexander Gillespie and Elias Alexander,  were probably Hannah’s two namesakes.

 

That explains why Hannah was missing, but what about Margaret – why was John silent about her?

 

Eldest daughter, Margaret Knox, b. abt 1814, married Amos Alfred Alexander sometime before 1834, when their first child was born.

 

Family tradition, shared with me by Wilson Knox in October 1999, is that "one of John's daughters climbed out an upstairs window one night and ran off to be married against her father's wishes."  It stands to reason that if John was very upset, he may have disinherited Margaret.  The details of this family tradition cannot be verified, but seem plausible, given her omission in his Will. 

 

We also do not know when Margaret died.  She may have died before her father wrote his Will in 1853.  Our last record of her is the 1850 Census record, where she appears with her husband and family living in Hickman Co, TN. She does not appear in the 1860 Tennessee Census record with her family, so is assumed to have died there between the two censuses. My guess is that she died after her father wrote his will in 1853, but before he died in 1860, but this is speculation.

 

Her brothers’ deaths are the only reason we know of Margaret’s existence.  John R. and Andrew S. Knox both died AFTER their father’s death in July 1860 -- both without wills, wives, or heirs "of their body."  John's Sr’s LWT gave specific instructions as to the disposition of his sons’ legacy in this event. In 1870, John's eldest son Robert J. Wilson Knox petitioned the Court to distribute his brothers' combined estates among the surviving "heirs at law" -- which by law included deceased daughter Margaret's heirs, who are duly documented in Court documents and Loose Estate Papers.  [Mecklenburg Co, NC – Loose Estate Papers. Knox, Andrew S. & John R. 1863 Reel 60, Box 145]

 

I speculate Margaret’s namesake was likely Mary B. Knox’s mother, Margaret (Henderson) Robison.

 

 

 

 

LWT of John Knox, continued next page

 

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