State of North Carolina, Union County. In the name of God, Amen.

I Julia McCommon of the County of Union in the State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and following, that is to say

First that my executor herein after named shall provide for my body a decent burial suitable to the wishes of my relatives and friends to pay all funeral expenses together with my just debts.  Howsoever and to whomsoever ???ing out of the money that may first ???come into as a part or parcel of my estate.

Item 1st - I give and devise to my nephew Thomas T. Barnes and niece ?? J. Fincher wife of Silas J. Fincher all my undivided interest in and to the estate of Hugh McCommon Consisting of negros and money? one negro man Lun one negro girl named Molry? One negro named Frank one negro boy named Daniel one negro boy named John one negro named Fanny also one negro woman named Eliza one negro man named Portel one negro woman named Harriet and her child named Che?? one negro girl named Katherine one negro boy named Lee one negro boy named Sam one negro boy named Cato, one boy named Berry one negro named Hannah to be equally divided between Thomas and Mary E.J. Fincher at my death.

Item 2nd - I also devise all my interest in and to all my undivided ?? of the said Hugh McCommon now in notes or money ? hands of his administrator Green Yarborough.

Item 3rd - It is my will and desire that all my other property not named in my will Shall be sold at my death and the proceeds to be equally ? between Thomas T. Barnes and Mary E. J. Fincher and their ??.

Item 4th - I will and devise that all my property herein willed to Thomas T. Barnes and Mary E. J. Fincher for and during their natural ?lives and their bodily heirs.

Item 5th - It is my will that in case either Thomas T. Barnes or Mary E. J. Fincher should die leaving no?spouse or Children Then in? all the property and parcel thereof shall go to the other ? his or her bodily heirs.

And lastly I do hereby constitute and appoint my Cel? Thomas T. Barnes and Silas J. Fincher my lawful ? to all intents and purposes to execute this my last will and Testament according to the true intent and meaning.

Signed sealed and published and declared by said Julia McCommon to be her last will and testament in the presents of us who at her request and in her presents do inscribe our names as witnesses thereto.

H. M. Houston

State of North Carolina

Union County Court January term 1863

Then the last will and testament of Julia McCommon to open court and the execution thereof by C. Austin and Houston and ordered to be recorded and Thos. T. Barnes & Silas J. Fincher sworn as executors of the same.

J.E. Irby? Clk

(My Notes by Kathy Lowery) Will of Julia McCommon probated in Union Co. NC in January 1863. Thomas T. Barnes & Silas J. Fincher, executors. C. Austin and H. M. Houston witnessed and proved probate. (Unfortunately the left edge of the document was not clear when copied - hence several ?s instead of last words in lines.) First provision made for decent burial and payment of just debts.

1) Money and 16 slaves in estate of Hugh McCommon (Julia McCommon’s deceased husband) to be equally divided between nephew Thomas T. Barnes and niece Mary E. J. Fincher, wife of Silas J. Fincher.

2) This was very unclear because the last word in several lines was cut off when I copied the will but I think that Julia wanted interest and notes in estate of Hugh McCommon to go to Hugh’s administrator, Green Yarborough

3) All other property not named in this will to be sold and divided equally between Thomas T. Barnes and Mary E. J. Fincher.

4) All property herein willed to go to Thomas T. Barnes and Mary E. J. Fincher and to their heirs upon their deaths.

5) If either Thomas T. Barnes or Mary E. J. Fincher dies without children or spouses (spouses was difficult to decipher and may be wrong) then his or her share to go to the other (Thomas T. Barnes or Mary E. J. Fincher, whoever outlives the other.)

(Notes from Dr. Hugh Fincher, youngest child of Silas Jordan Fincher’s youngest child. As of March 2001, Hugh is still living in SC and has provided extensive research on his family to June Pittman Mantych.) “Mary Ellen’s (Mary E. J. Barnes) father (name unknown) was killed while she was rather young. Florence Fincher (a granddaughter of Silas Jordan and Mary Ellen) said that Mary Ellen had told her that he was killed in the Mexican War (about 1848). “

(My Notes by Kathy Lowery: George W. Barnes, 1st Sgt. Died during the War with Mexico. He was in the 1st Regt. of Foot Volunteers Co. A in NC Troops in the War with Mexico 1846, 1847, 1848. I do not know if he was Mary Ellen’s father but he was the only Barnes that I found listed. Also, Thomas T. Barnes and Mary E. J. Fincher are listed as Julia’s nephew and niece but I do not know it they are siblings or cousins.)

Hugh’s Notes, Continued: “Mary Ellen’s mother (who is listed as Mary Barnes, age 70, in the 1870 census of Chesterfield Co. - her maiden name has not been learned) traveled from place to place to weave cloth in various people’s homes and left Mary Ellen to be raised by her aunt and uncle, Julia and Hugh McCommon, according to Florence Fincher. The McCommons had one daughter, Violet, who married G.W.M. Yarbrough (born Dec. 29, 1817, died Feb. 17, 1865.) Violet died Apr. 16, 1859 leaving one child, James H. Yarbrough, who died July 5, 1859 (age 2 mos., 25 days). Hugh McCommon’s death on Oct. 17, 1858 left Julia as his heir. When Julia McCommon died on Nov. 4, 1862, having no direct descendants, she divided her rather substantial estate between her niece, Mary E. J. Fincher, and her nephew, Thomas T. Barnes; and she named Thomas T. Barnes and Silas J. Fincher as the executors of her will. (The McCommons are buried at the Waxhaw (NC) “Round Top” Baptist Church.)”