[N768] THE LAST WILL AND TESTAMENT OF AMBROSE COBBS
In the name of God Amen. I Ambrose Cobbs of Lincoln County and State of North Carolina, being weak in body but yet of a sound and perfect understanding and memory, thanks be to God for the same, and calling to mind the uncertainty of this life and knowing it is appointed unto all men once to die, and being desirous to settle things in order do make and constitute and appoint this and no other to be my last Will and Testament, in manner and form following that is to say first ofall I principally give my soul to God the giver of it, in hopes to receive the same again at the joyful resurection at the last day with a full and true pardon of all my sins and transgressions through the death and merits of my blessed saviour and redeemer Jesus Christ, and my body to the earth from whence it came to be ordered for a decent and Christian like manner and as touching my wordly estate as the Lord in his mercy hath lent me and my will and meaning is that the same be employed and disposed of in the following manner, and first that all my just and lawful debts and funeral expenses be first paid, then I give unto my son William Cobbs two hundred acres of land on the lower end of the tract including the houses and plantation, and also one feather bed and furniture. Also I give unto my son James Cobbs one hundred and fifty acres on the upper end of the tract including the improvement where he formerly lived. Also I give him one bed and furniture. Then all the remainder of my property of every kind to be sold and the money equally divided between all the rest of my living children, save one which is Mary Jackson whom I give five shillings and no more.

The above property mentioned is not to be divided or possessed by the heirs until after the decease of me and my wife Sarah Cobbs. I do appoint my two sons William and James Cobbs to be Executioners and these Presents. Sealed, signed, and delivered in presence of Robert Reed and John Rockett. (Ambros Cobb signature) June 21st, 1797

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Be it known that whereas I am through age and infirmity unable to take that care of the property left me during my life by my deceased husband, I have therefore thought proper as believing it more to the advantage of my children to whom it is finally left, to deliver the same except that part as I have retained for my support and subsistance (sic) , to my two sons William and James Cobb to be sold agreeably or ..... (illegible) and divided, which I have done, I do hereby approve of what they as Executors may and shall do in fairly selling and disposing of said property.

Given under my hand and seal this 25th day of November 1799.

Test Sarah Cobb (her mark)
Zachariah Spencer
Samuel Sowill
(3d name illegible)

The above Quit Claim had a profound effect on the status of Ambrose Cobb's Will and estate. With the exception of the property he bequeathed to sons William and James (which immediately transferred title), and "that part as I have retained for my support and subsistence" (per Sarah's Quit Claim), the Executors of Ambrose's Will were empowered and at liberty to begin the immediate liquidation of the estate, and the distribution of proceeds to Ambrose's legal heirs. A vendue sale took place the very next day (November 26, 1799) with the sale of a negro to one John Parr. The collection of records detailing the dissolution of Ambrose's estate, and the distribution to the heirs, is incomplete both in Lincolnton and in the North Carolina State Archives. The record of the final vendue is present however, and indicates that Ambrose's estate was not finally settled until 1818, some twenty years after his death.