Author: F. Grady Hall III
When Joseph A. Byers was born on August 26, 1748, his father, Robert, was 34 and his mother, Margaret, was 33. He had two brothers.

Service: Soldier

He died on October 29, 1828, in Iredell County, North Carolina, having lived a long life of 80 years, and was buried in Mount Mourne, North Carolina.

Burial: Centre Presbyterian Church Cemetery, Mooresville, Iredell County, North Carolina, USA Plot: Plot Q12

Created by: Julia Baker
Record added: May 01, 2005
Find A Grave Memorial# 10885391

Will of Joseph Byers, Sr.
In the name of God. Amen.
I, Joseph Byers, Sr. of the County of Iredell and State of North Carolina, considering the uncertainly of this mortal life, and being of sound and perfect mind and memory, blessed be to the Almighty God for the same, do make and publish this my last Will and Testament in manner and form following. That is to say.
FIRST: My body to be buried in a decent and Christian like manner, my funeral expenses and all my just debts to be paid out of my Estate.

SECOND: That the property heretofore given & delivered to my nephews and nieces, I allow them to hold and enjoy as clearly as if they had my deed of gift or Bill of Sale for and those not given and delivered but named and intended for them as will hereafter be particularly specified. I also will and allow them to hold and enjoy the right and title of. That is to say. Robert Byers, my nephew, son of James & Margaret Byers, a Negro boy called Sam. Joseph Byers, Jr. son of James & Margaret Byers, a Negro boy called Mars. Esther Falls, wife of John Falls, daughter of James & Margaret Byers, a Negro girl called Back. Margaret Byers, daughter of James & Margaret Byers, a Negro girl named Bella. Polly Simonton, wife of Henry Smith Simonton, daughter of James & Margaret Byers, a Negro girl called Hanna. James Smith Byers, a Negro boy named Tarlton. Washington Byers, son of James & Margaret Byers, a Negro boy named Jeff. Jane Simonton, wife of Adam R. Simonton and Amelia Byers, daughters of James & Margaret Byers, the two girls & boys I named and intended for them but never delivered. I do now will unto them. Viz: A girl called Tabb and a boy called Peter unto Jane Simonton and unto Amelia Byers a girl called young Moll & a boy called George. And unto Thomas Byers, son of James & Margaret Byers, a Negro fellow named Bell. To hold each of the said Negroes as now named and their increase. Also a Negro woman and her two children which I placed in the hands of my brother, James Byers, to remain with him during the lifetime of him and his wife, my sister in law, Margaret Byers, named Amy, I do will to still remain in the family while they continue together or until their own Estate descending from their father is distributed and then said woman & her children, together with any increase she may have. I will and devise that they shall be equally divided between all my nephews & nieces as their fathers Estate may be divided, agreeable to the spirit & intention at the time of their said divide. And if any one or more does not amicably agree in said division, they are to hold nor enjoy no part of said last mentioned Negro woman and her increase.

THIRD: I will & devise that my land which I hold under a Warrent in the Western Country, on Swift Creek, located to join General Rutherford’s land, of fifteen hundred acres to be divided as follows. Viz.
To Joseph Falls, son of John & Esther Falls, two hundred and fifty acres.
To Joseph Simonton, son of Henry Smith & Polly Simonton, two hundred and fifty acres. Each to be cleared of all expenses that may occur in perfecting the title thereof. And the balance of my Western land to be equally divided between all my nephews & nieces, sons and daughters of James and Margaret Byers, to be equally divided between them agreeable as before mentioned to the spirit of their divide of their fathers Estate. And to make it more fully & fairly explained & clear, that each of my brother, James, & sister in law, Margaret Byers’ children giving up unto James Smith & Washington Byers the old place their father lived on & James Smith Byers quitting his claim to Washington Byers when they are all at proper ages by law, then this Western land & said Negro woman & her increase to be equally divided. Also Washington Byers to be made whole out of the same.

FOURTH: I will and bequeath unto James S. Byers, son of my brother, James & sister in law, Margaret Byers, all my land lying south of the Mill Creek where I now live, down to where Montgomery’s line crosses said creek, from thence straight to the Catawba River. And I will and bequeath unto my nephew, Washington Byers, all my land on the north side of Mill Creek down to Montgomery’s line, from thence to the Catawba River. I also will and bequeath to my nephew, Robert Byers, son of James & Margaret Byers, about ten acres of meadow land which I reserved when I sold to him out of the land he now lives on.

FIFTH: My niece, Jane Simonton, wife of Adam R. Simonton, I do further will and devise that she shall have out of my Estate a horse worth one hundred dollars or one hundred dollars in money, and one hundred dollars worth of my household furniture, or get it made & provided for her. Or if she should not need or choose the furniture, one hundred dollars in lieu thereof.

SIXTH: I will and bequeath that unto Margaret Smith Falls, eldest daughter of John & Esther Falls, two hundred & fifty dollars shall be put to interest for her use and the said two hundred & fifty dollars and the interest accruing thereon to be paid her when she arrives at proper age, to reserve the same or place it into good hands for the above purpose.

SEVENTH: I will and bequeath that unto Joseph Washington Byers, son of my nephew, Robert Byers & Ann, his wife, one hundred dollars which I allow to continue in my Executors hands, to be on interest as the above for his use together with the principal until he comes of age.

EIGHTH: I will and devise that all my remaining Negroes shall be and is hereby bequeathed unto James Smith Byers, my nephew, son of James & Margaret Byers & Washington Byers, my nephew, & son of my brother, James & sister in law, Margaret Byers. Viz. Unto James Smith Byers I give Bacey, Walt, Edwin, Minda, Young Bacey, Old Molly, Beck, Edmore & Sarge. And unto Washington Byers, Dick, Mart, Wallace, Murry, Ned, Old Amy, Peter & Charles. And also all my remaining property not herein before willed or bequeathed, such as stock of every kind, household & kitchen furniture, farming utencils, still, together with all my money, notes, bonds, book accounts and all my other goods & chattels of every description to be equally divided between my two said nephews, James Smith Byers & Washington Byers, except my smith tools. I allow my nephew, James S. Byers, them over and above his equal divide of the residue of my Estate, and all money or cash part of the aforementioned, willed and bequeathments.

I will and allow it to be raised out of my said stock & their residue as willed unto my said nephews, James Smith Byers & Washington Byers and that it is only to come out of that alone agreeable to my will and that the bequeathments of them, my two nephews, James Smith & Washington, are only bound for those & my debts. I also will that my nephews, James S. Byers, is to have the use of all my Negroes now in my possession until he makes a sufficient sum of money to pay all my just debts, not to exceed two years from the date.

AND LASTLY: I do appoint my two nephews, James S. Byers & Washington Byers, Executors of this my last Will & Testament hereby revoking all other Wills be me made. In Witness whereof I have hereunto set my hand and seal the 9th day of April in the year of our Lord One Thousand Eight Hundred and Nineteen.
Signed, sealed, published and delivered by the above named Joseph Byers, Senr. to be his last Will & Testament in the presence of us who have subscribed our names as Witness in the presence of each other.
Wm. Falls
W. Connor Juret
Jos. Byers Seal
This transcription copied from the document:
Robert and Margaret (White) Byers of Rowan County, North Carolina & Descendants
Compiled by Thurlo V. Byers, St. Louis, Missouri, 1992