Macon County, North Carolina
Book 1, Pages 24 - 27

In the name of God, Amen I Thomas Shepherd Senior of Macon County North Carolina Being of a Sound and perfect mind and memory Blessed be God do this twenty Second day of April in the year of our Lord one thousand Eight hundred & forty one make and publish this my last will and Testament in manner following that is to say.

First I give and bequeath to my beloved Son Joseph Shepherd a negro woman by the name of Tillis (?) a negro girl by the name Sallie (?) and Sall also Mariah Rachel also a negro Boy by the name of Anderson also a girl by the name of Betsy another girl by the name of Mariah another girl by the name of Manda and Harriett and another boy by the name of Bob also Sam I also bequeath to my Son Elijah Shepherd a negro woman by the name of Jinn and a boy by the name of Harry also a boy by the name of Charles (?) also a girl by the name of Linda and a girl by the name of Sallie (?) this is Jinn's youngest child also a boy by the name of Will I also give my son Elijah all the land that I claim where he now lives, (to wit) Six tracts that my deeds covers I also bequeath to my Son Thomas Shepherd, Jr. a negro man by the name of Dick also Dicks wife by the name of Vitel (?) also Vitel (?) Sall and all her children and a begro boy by the name of Leander a boy by the name of Squire and a boy by the name of Nelson and another Zacerky (?) and Alford and Jason and Burton I also will my Son Thomas Shepherd, Jr. all the tracts of land that myself and Thomas bought in co also all the land that I have and possess or have any title to in District No 10 which land is lying on Cowe Creek and its waters and is in different tracts all of which is to belong to him and Said Thomas I also bequeath to my Son William Shepherd the following land (to wit) one tract of land in District No 10 and Section No 11 containing 140 - also a part of the tract of land purchased in co by myself and George Dickey I will that Dicky make the right of my part of that tract of land to William Shepherd - I also will that my Son William Shepherd a negro boy by the name of Ben also a boy by the name of little Dick - I also bequeath to my Daughter Nancy Hurst a negro woman by the name of Sealy also another woman by the name of Lucaser (or Secaser?) I also will to Susannah Bradly my Daughter a negro boy by the name of Sam also a negro girl by the name of Lusinda I also will that my Son Thomas pay to the Heirs of Martin Angel which he had by Rebeca my Daughter one hundred Dollars and fifty dollars to be paid in some good trade at the Country Silling price I also will that my Son Joseph Shepherd pay one hunred dollars to my Son John Shepherd in some Suitable trade - Also that my Son Joseph pay Elizabeth Wilson one hundred dollars to be discharged in some Suitable trade - I further will to my Son Thomas Shepherd all my part of the stock of all kinds horses cattle hogs & cs and after my funeral Charges and all my Lawful debts is paid I hereby make and I ordain my worthy Friend Jonathan Phillips and Thomas Shepherd Jun my Executors of this my last will and Testament I have hereunto Set my hand and affixed my seal the day and date for above written Signed Sealed published and delivered by the Sd Thomas Shepherd Sen the Testator as his last will and Testament in the presents of us who was present at the time of Signing and Sealing thereof
Thomas Shepherd Sen (SEAL)
Interlined before assigned
Wm(?) M Connell (or Cannell), Tobert A Phillips; (and something else next to this last name unreadable)

Agreement between the Heirs of Thomas Shepherd

North Carlina

Macon County

Know all men by these presents that whereas The late Thomas Shepherd Senior deceased made & hath left a last will and Testament disposing of his effects unequally amongst his children with which some have been dissatisfied now that there by no further difficulty or contention in the matter we Thomas Shepherd, Jr., Joseph Shepherd, Elijah Shepherd, John Shepherd, William Shepherd, Martin Hurst, Asa Bradley & Elizabeth Wilson, and by these presents do bind ourselves to make the following amicable dispostion of the matter Viz 1st Thomas Shepherd is to have all the property left him in Said will by making the following allowance to Asa Bradley & Martin Jurst To Asa Brakley three tracts of Land two on which Bradley now lives & one Joining above and to Martin Jurst one Tract of Land were Elijah Shepherd formerly lived on Cowe also one note on Said Hurst for $76.50 and to William Shepherd on Tract of Land lying Joining Wm Shepherds land & a negro boy named Will an Joseph Shepherd is to hold all left him in the will except the following The Said Joseph Shepherd agrees to let John Shepherd have five good mules and a good wagon and Thomas Shepherd is to have all left to him except the following He agrees to give to Elizabeth Wilson a negro woman named Sal & her two children & a Sorrell horse and all the others are to have all the property left for them in the will and we do hereby Covenant & agree that with the foregoing distributions of the effects of The Said Thomas Shepherd Sr. dec'd we will be content and this agreement shall on each of our parts forever bar any further litigation on the Subject In witness whereof we hereunto Set our hands and Seals this 13th day of September 1842

After the above had been Signed by the 1st Six and attested by H. G. Woodfin it was agreed to be altered as interlined (JE) in respect to Elizabeth Wilson Share giving her the negro woman Sal & her two children & the Sorrell horse instead of the Stricken our & adding to William Shepherd the negro Boy

Will before Signing by the others it was reacknowledged by all the other Six who were together & present also altered by Stricking out the Heirs of Martin Angel Sept, 15, 1842

Atest. N. W. Woodfin

This will was proven in open court by the oath of Rober A Phillips a Subscribing witness thereunto at the September court 1842