Azel Marcy Estate Packet: 1856

Biographical Notes

Azel Marcy was born about 1774 in North Carolina. In 1805 he married Mary Newbold in Swansboro, Onslow County, North Carolina. During the early 1830s he removed his family to south Alabama purchasing land in Wilcox and Marengo counties where he continued to live until the early 1840's, when he  immigrated to Itawamba County  with Joseph Varner, H.M. Kimble, William Robinson and John Payne, his sons-in-law. He settled in the village of Van Buren on the Tombigee River, where he purchased several blocks of land in the village and a large tract of farming land south of the village on the river.


Azel Marcy's Will

I, Azel Marcy of the county of Itawamba in the State of Mississippi being aged and stricken in years and concious that I have not long to live being of sound discerning mind and memory do make publish and declare this my last will and testament hereby revoking all former wills.

1st it is my will and desire that after my death all my debts should be paid by my executor hereinafter appointed.

2nd I hereby give and bequeath to my wife Mary Marcy all my estate both real and personal debts and claims in action of which I am now or may be possessed at the time of my death to hold and controll during her life or widowhood should she survive me and I hereby prefer upon my wife  the favor of her discretion to give to any of our children any portion of the property hereby bequeathed before her death and during her widowhood as she may think their  ___  may require.

3rd It is my desire that my daughter Winefred Marcy shall have my Negro boy Henry at the death of my wife or at her marriage and I hereby bequeath the said boy to her at the death or marriage of my wife

4th It is my desire that after the death of my wife or after her marriage that all my children shall share equally in my estate except Cassey Eudainey Payne to whom I don't intend to any portion of my estate except the small sum hereafter mentioned and it is not my desire that the boy Henry already bequeathed to my daughter Winefred shall be estimated in her share of the distribution of my estate but that she should have the said boy and then share equally with the others.

5th It is my desire that the slaves of which I may and possessed shall at the death or marriage of my wife be valued and divided among the legatees herein named without a sale if the same can be done.

6th It is my desire that the property of whatever description the same may be that my daughter Elizabeth Kimble may receive of my estate shall indue to her sole and separate and at her death to descend to the children of her body now living.

7th I hereby give and bequeath to my daughter Cassey Eudainy Payne and her husband John Payne the sum of five dollars and hereby exclude them from any share in the distribution of my estate

8th I hereby nominate any appoint my son Masten Marcy and my daughter Winnefred Marcy my executor and my executrix to execute and perform this my last will and testament in testimony of which I hereto set my hand and seal the 15th day of June AD 1855.

Signed and published in the presence of
J.M. Davis
Wm.C. Thomas
Wm. Mitchiner

Azel Marcy (S E A L)


The State of Mississippi
Itawamba County
To the Hon. A.S. Warren
Probate Judge in and for said county

The petition of Mary Marcy, widow and relict of Azel Marcy deceased, and his daughter Wineford Marcy and Frances Varner, wife of Joseph Varner and Eliza Robinson, wife of  William Robinson, Elizabeth Kimble and Masten Marcy and Cascendany Payne wife of John Payne, the Francis, Eliza, Elizabeth and Masten being the children of said deceased and their said husbands, state and show to your honor that about the 12th of January 1856, the said Azel Marcy departed this life leaving a considerable real and personal estate consisting of land, 12 Negroes, household and kitchen furniture, corn, fodder, cattle, hogs and sheep, which remains unsold. Your petitioners further show that all the debts have been paid. That E.H. Dabbs has been appointed executor of the last will and testament. Your petitioners further state that they alone have any interest in the said estate ... they therefore  pray that the perishable part of the said ... be sold by an order of said court and the proceeds distributed among your petitioners. ...


State of Mississippi
Itawamba County
To Robert F. Shannon, Thomas M. Carothers and J.S. Bourland
This is to authorize you jointly to appraise the goods, chattels and personal estate of Azell Marcy deceased, late of Itawamba County ...

List of Slaves

1 man named Richard
1 boy named Lindsey
1 man named Edmond
1 man named Gorge
1 boy named Franklin
1 boy named Zedack
1 boy named Alfred
1 boy named Henry
1 girl named Louisa
1 woman named Caroline
1 woman and child, Tabb and Harry


The State of Mississippi
Itawamba County

Whereas Azel Marcy late of the county of Itawamba departed this life on or about the 12th day of January 1856 ... on or about the 15th day of June AD 1855 the said Azel Marcy made and executed a certain instrument in writing  ... purporting to be the last will and testament of the said Azel Marcy ... and whereas the said Marcy left the following named persons who alone are interested in said estate as distributees to wit: Winneford Marcy his daughter, Frances his daughter and wife of William Robinson, Elizabeth his daughter and wife of H.M. Kimble, Masten Marcy, Cascindaney is daughter and wife of John Payne ... and wishing that equal justice may be done to all the children of said deceased ... the undersigned agree that said wil shall be set aside and vacated and that all of said estate shall be equally divided among all the said children of said deceased the said widow being entitled to an equal share with each of said children, that said estate shall be distributed and divided as soon as possible and with as little expense as possible ...

John Payne
Casandeny Payne
Joseph Varner
Frances Varner
Winnaford Marcy
W.R. Robison
Eliza Robison
Masten Marcy
Elizabeth Kimble
Mary Marcy


The State of Mississippi
Itawamba County

The petition of Wineford Marcy and Masten Marcy, Joseph Varner and his wife Frances Varner, and Eliza Robinson and her husband William Robinson, Eliza Kimble and her husband H.M. Kimble, John Payne and his wife Casendeny Payne,  ... being the children of said deceased ... respectfully presents to your honor that the said Azel Marcy some time in January 1856 departed this life  ... that the 12th day of January 1857 Mary Marcy, the widow of the said Azel Marcy, departed this life intestate ...

Estate Sale Purchasers

A List of property sold by E.H. Dabbs, administrator of the estate of Azel Marcy, dec'd. the 27th and 28th days of February 1857 at Van Buren, Mississippi

Thos. Dunham: 2 jars
Thos.  E. Chilcoat: 2 pans and 1 bucket
Thos.  E. Chilcoat: 1 sythe and cradle
Thos J. Dunham: 1 churn and strainer
Mrs. C. Payne: 1 wash pot
E.T. Varner: 1 lot pot ware
A.M. Wallace: 1 pot and jar
Alfred Rutledge: 1 hogshead
Masden Marcy: 2 barrels and 1 tub
A.M. Wallace: 1 barrel of oats
Masden Marcy: 1 jug
Masden Marcy : 1 wheel and box for
Mrs. E. Payne: 1 coffee kettle and Reg
Thos. E. Chilcoat: 1 grindstone
John Payne: 1 club axe
Thos. J. Dunham: 1 hand axe
Thos. E. Chilcoat: 1 sweep and harrow
A.B. Lawson: 1 log chain
David Moman: 1 hand saw
T.A. Harrison: 1 keeler and noggin
Wineford Marcy: 1 bed and furniture and bedstead
Elizabeth Kimble: 1 bed
W. Marcy: 1 pair cups and saucers
M. Marcy: 1 pitcher and dish
John Payne: 1 lot plates
D.H. Deman: 1 molasses pitcher
Bird Whitley: 1 sugar dish
V.J. Duncan: 1 pitcher of salt
Alfred Rutledge: 1 lot sundries
Bird Whitley: 1 caster and decanter
Bird Whitley: 1 set knives and forks and pan
John Payne: 1 lot of sundries and specks
John Payne: 1 lot sundries
Mrs. E. Kimble: 2 glasses
Mrs. E. Kimble: 3 bottles
M. Marcy: 1 pair steelyards
Moses Payne: 3 plates
M. Marcy: 1 lot of tin
James Whitesides: 1 cupboard
Alfred Rutledge: 1 candlestick and snuffers
John Payne: 1 dining table
Mrs. C. Payne: 1 bucket and 2 cups
Thos. J. Dunham: 1/2 dozen chairs
Bird Whitley: 1 shovel and dog irons
Mrs. C. Payne: 3 books
A.U. Whiffin: 1 bed bedstead and furniture
Robert Beene: 51 lb. feathers
Thos. J. Dunham: 1 barrel
W. Marcy: 1 reel
Jasper Pealer: 2 barrels
Mrs. E. Kimble: 1 barrel
Moses Payne: 1 barrel
Thos. Whitesides: 2 augers
Thos. Whitesides: 1 chain
Uriah Nanny: 2 bells and sheep shears
Thos. Whitesides: 1 drawing knife
Alfred Rutledge: 1 lot sundries
Thos. Whitesides: 2 cutting colters
Thos. Whitesides: 1 singletree and cli___
H.F. Moore: 2 plows
Thos. Whitesides: 1 spinning wheel
B.C. Burnett: 2 slays
W. Marcy: cotton cards
H.F. Moore: 3 pair cotton cards
B.L. Owen: 3 pair cotton cards
Thos. Whitesides: 1 pair cotton cards
Thos. Whitesides: 1 pair chains
W. Marcy: 1 loom
Thos. E. Chilcoat: 2 bee gums
John Mullins & Co.: 1 pair saddle bags
John Mullins & Co.: 1 waggon
John Mullins & Co.: 1 yoke oxen
Thos. J. Dunham: 1 cow and yearling calf
Mrs. R. Kimble: 1 black sided cow and bell
John Payne: 1 pale yearling
M. Marcy: 1 white cow and calf
M. Marcy: 1 black yearling
Bird Whitley: Blocks 14,15,16,48,49, and 54
Thos. Gillespie: 100 acres in S30, T10,R9
M. Hodges: 12 hogs
Mrs. E. McKimble: Negro man Dick, wife and child
Eliza Robinson: Negro man Edmond
W. Marcy: Negro woman Lucy
J. Varner: Negro boy Alfred
M. Marcy: Negro boy Frank
Jas. Whitesides: Negro boy Lindsey
J. Varner: Negro boy Zedick
Mrs C. Payne: Negro girl Caroline
E.H. Dabbs: Negro boy George
Bird Whitley: 1 lot sundries
W.L. Griffin: 1 bay mare
A.V. Griffin: 10 bu. corn
Thos. Gillespie: 10 bu. corn
V.J. Duncan: 10 bu. corn
V.J. Duncan: 10 bu. corn
Bird Whitley: N 1/2 SE 1/4 S25, T10, R8
B.C. Burnett: E 1/2 SE 1/4 S23, T10, R8
C. Ray: 1 lard stand
E.J. Dunham: 3 sheep
J. Payne: 1 table
T.H. Booth: 3 books
V.J. Duncan: 1 bedstead
T.H. Booth: 1 bucket and 2 cups
Thos. J. Dunham: 1 churn and strainer

End of Sale List


This site and the information it provides may not be copied for commercial use of any kind or reproduced on another site without explicit written permission from the Itawamba Historical Society Inc. In some instances, the Itawamba Historical Society, Inc. has received limited distribution and publication rights to certain materials. Copying, pasting or caching any page of this site onto another site, is strictly prohibited without written express permission. It is however, permissible to print or save files to a personal computer for personal use ONLY. Use of this site denotes acceptance of these terms.