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North Carolina wills and inventories
North Carolina wills and inventories
Grimes, J. Bryan (John Bryan), 1868-1923
Cover
NORTH CAROLINA WILLS AND INVENTORIES GRIMES |
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2- 3 [blank page] | NORTH CAROLINA WILLS AND INVENTORIES
COPIED FROM Original and Recorded Wills and Inventories In the Office of the Secretary of State
By J. BRYAN GRIMES Secretary of State
Published under Authority of the Trustees of the Public Libraries.
RALEIGH
EDWARDS & BROUGHTON PRINTING COMPANY, PRINTERS AND BINDERS 1912 |
4- 5 [blank page] | NOTE In the following pages are published for the first time some of the most interesting wills and inventories filed or recorded in the office of the Secretary of State.
The wills and inventories give the most accurate illustration of industrial and social life in the colony of North Carolina that is obtainable, and will furnish to students of our history an invaluable source of information about economic conditions prior to the Revolution.
The following paragraphs taken from the introduction to a volume entitled “Abstract of North Carolina Wills,” published in 1910 is applicable also to this publication:
“Occasionally is it found that a testator known to be an educated person signed his will by making his mark, so it is not always an evidence of illiteracy when the will is signed by a mark, nor is the signature to the will generally a satisfactory signature of the testator, as often he was sick, weak or infirm in body at the time of signing the will. It will be observed that the terms ‘father-in-law’ or ‘mother-in-law’ often mean stepfather or stepmother; sometimes they are referred to as ‘father’ or ‘mother.’ The term ‘cousin’ will frequently be found to mean nephew or niece.
“It is interesting to note that in wills prior to 1752, two years are generally named for dates in the months of January, February and March; for instance, January 20, 1718/19; but this was not always the case, and occasionally only one year is given.
“On the continent and in Scotland the Gregorian Calendar was in use, but it was not adopted in England until 1751, when Parliament passed ‘An Act for Regulating the Commencement of the Year, and for Correcting the Calendar now in use.’ This act provided that the year begin on the first day of January, 1752, and not on the twenty-fifth of March, as was then the usage. The same act provided that eleven days be omitted in September, 1752, ‘and that the natural Day next immediately following the said second Day of September, shall be called, reckoned and accounted to be the fourteenth Day of September, omitting for that Time only the
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6- 7 eleven intermediate nominal Days of the common Calendar, and that the several natural Days which shall follow and succeed next after the said fourteenth Day of September shall be respectively called, reckoned and numbered forwards in numerical Order from the said fourteenth Day of September, according to the Order and Succession of Days now used in the Present Calendar.’ If this is kept in mind, it will reconcile many apparently contradictory dates.”
In selecting the wills for printing it was intended to choose those that reflected most clearly the varied phases of domestic life of the colony.
Not many inventories are printed, but enough are given to throw a strong side light on economic conditions in the colony at the time the inventories were made.
The bad order and illegibility of many of the original wills make exact copying difficult, but every effort has been made to secure faithful copies.
I desire to express my appreciation of the services of Mr. W. P. Batchelor, to whom I am indebted for reading the proof and preparing the index.
J. BRYAN GRIMES.
| ABRAHAM ADAMS WILL.
(Compared with Recorded Copy.) IN THE NAME OF GOD, AMAN. The Last will & Testament of Abraham Adams, Seiner, being very Sick & weak of body, but of Sound & perfect memory, and Calling To mind ye uncertainty of This Transitory Life, hoping Through ye merits of Death & passion of my Saviour Jesus Christ to Inter in to Eternal Life, do, for avoiding Controversies after my Decease, make, publish & Declare This to be my Last will & Testamt. Revoking and Denying all other former wills by me made & recommending my Soul into ye hands of almighty God who gave it, and my body I commit to ye Earth to be Decently buried at ye Discression of my Exrs., hereafter mantioned, after all my Debts & funeral Charges are paid & Disbursed.
Item. I give & bequeath unto my Son, abraham adams, part of my Land lying on pamlico River, Beginning at ye fork of ye branch up ye Gut That parts me from mr. Thomas Icevels, and running up noth Gut to a place Called ye Gum Going, and up along ye branch to ye back Line. Then beginning again at ye aforesd. for and running up ye Eastermost branch to a branch Called ye ISland branch: Thence up ye branch Till It Leaves ye Island, and So Still up ye branch to ye Going Over to make my Tarkiln; Thence aCross ye ridge to ye Savannah to ye back Line, Containing by Estomation Seventy Six acres of Land. which Said Land I give To my Son abraham, and To ye male heirs Lawfully begotten of his own body, wch said Land I will not have to be Sold, Let or mortgaged, but from one brother To ye other.
Item. I give unto my Son, Richd. Adams, a part of ye Land I Live on in pamlico river, Joyning upon my Son Abraham and Mr. Thomas Icevel, being ye upper part of my Land, being Seventy Six acres more or Less to ye male heirs Lawfully begotten of his owne body, wch said Land is not to be sold, Let or mortgaged, but from brother to brother.
Item. I give to my Son, William, all of my Tools, my horse, Gun & new Coat.
Item. I give to my Son, Willoby, a Certain Cow yearling aforsd brown, white faced & her Increase.
Item. I give to my Daughter, abbia, a Certain Two year old Heifer, black pied & her Increase. one Trundled bead Stead & bed & furniture belonging to it.
I give to my Loving wife, Barthia, ye use of my plantation, Whereon I now Live, wth all ye rest of my Goods, Chattles & Estate, During her widowhood, and in Case of Death or marriage, Then my said plantation I give To my son Willoby and his male heirs Lawfully begotten of his body, not to be
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8- 9 Sold, Let or mortgaged, but from brother to brother, and my movebles, goods & Chattles to be Equally Divided between my Son William & willoby & abia, my Daughter. and I do hereby nominate & appoint my Loving Wife to be my hole & Sole Executrix of This my Last will & Testament, Revoking all other wills by me heretofore made.
In Witness whereof I have hereunto Set my hand and Seal. This Twenty-Third day of octobr., In the year of our Lord, one Thousand, Seven hundred and Thirty Three.
ABRAHAM A ADAMS (Seal)
Signed, Sealed, published and Declared In the presence of us:
PHILLIPS SHUTE.
MARY X SHUTE.
JNO- COLLISON.
At a Court begun & held at bath Town, ye 13 day of march, 1734. Present, Wm. owen, Robert Peyton, Henery Croston, Edward Hadley, wm. Dunbar, Esqr.
The within Last will & Testament of Abraham adams, Dec'd. was proved In open Court by ye oath of John Collison one of ye Subscribing Evidences Thereto. Ordered That ye Secretary have notice Thereof, ye Executrix having Taken Oath by Law appointed.
Test. JNO- COLLISON, Cler. Cur.’
(Endorsement) Abr. Aams Will.
L'res Issd, March 27, 1734. RFDS.
Recorded.
ELEAZAR ALLEN'S WILL.
(Compared with Original Will.) IN THE NAME OF GOD, AMEN. I, Eleazar Allen, of New Hanover County, in the province of , being in perfect health and of sound mind & memory do make and ordain this my last will and Testament.
I most humbly bequeath my soul into the hands of Almighty God my Creator, the Infinite Father of Mercies, trusting in the alone Merits of his Son our blessed Lord & Saviour, for pardon of my Sins, and through his Mediation & Intercession hoping to be found acceptable at the last day. My Body I comit to the grave to be decently interred, attending a joyful resurrection: For such worldly goods as it has pleased God to bless me with I give and dispose of them as follows:
Imps. I will that all my just Debts & funeral Charges be first, fully paid, dischargd and Satisfyed out of my Estate.
Item. I give devise & bequeath unto my dear & well beloved wife Sarah Allen, all the rest & residue of my Estate both real
| & personal, wheresoever lying & being which I am now possessed of or shall be possessed of at the time of my decease. And to her Executr:, Administrs, Assignes forever, to be disposed by her as she shall think proper. Nevertheless, It is my desire & request unto my sd Wife that she will by her last will & testamt. give devise & bequeath, unto my two Nephews, & Neice, William Daniel & Catherine Willard, Children of Josiah Willard, Esqr., of Boston, by my Sister Catherine Willard, All that part of my Estate by me accquired, (& exclusive of what she shall be possessed, by Will, deed, or any writing whatsoever, from her Mother Sarah Trott of South Carolina) which she shall dye possessed of, or the vallue thereof; first deducting my debts, and funeral Charges out of the same, to be equally divided between my said Nephews and Neice or the survivers of them, not doubting but she will fulfill this my request.
Item. I do hereby constitute & appoint my sd loving wife Sarah Allen sole Executrix of this my last will & testament, desiring my good friends, Mr. James Hassell & Nathan Rice Esqrs., to assist her in the settlement of my affairs to the utmost of their Power. And Lastly I do hereby revoke and annull all former Wills by me made.
In Witness whereof I have hereunto set my hand & Seal this first day of Janu in the year of our Lord 1742.
ELEAZR. ALLEN (Seal).
Signd, Seal'd, published & declar'd in the presence of us,
SUSANN HASELL,
JAS. HASELL,
E. MOSELEY.
These may Certifie that James Hasel, Esqr., one of the subscribing Evidences to the within will, appeared in open Court and made oath on the holy Evangelists that he was present and saw Eleazer Allen Sign, Seal & declare the within to be & contain his last will & Testament, and that the said Eleazer Allen then at that time of Sound & Disposing memory; and that allso he saw Susanah Hasel & Edward Mosely the other Subscribing Evidences, Sign their names thereto.
ISAAC FARIES, C. C.
SARAH ALLEN'S WILL.
(Compared with Original Will.) IN THE NAME OF GOD, AMEN. I, Sarah Allen, Widow, relict of the late Eleazer Allen, Esquire, deceased, being weak in Body but of a sound Mind and Memory (thanks be to God) Do make this my last Will and Testament, hereby revoking all my former Wills.
First, I Commit my Soul to God, in humble hopes of his
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10- 11 Mercy through Jesus Christ, and of a joyfull Resurrection, and my body I commit to the Earth to be decently burried, at the Discretion of my Executors, as near the Remains of my late Husband as may be, so as not to hurt the foundation of his Tomb, which was bestowed on him by my beloved Niece Mrs. Sarah Frankland.
Item. It is my Will that all my Just Debts and Funeral charges be paid and satisfied as soon as conveniently may be after my Decease, hoping that Thomas Frankland, Esquire, my said Niece's husband, (whose Mortgage on the said Eleazer Allen's Estate may perhaps go near to Swallow the whole) will not avail himself of that mortgage so as to cut off the just Demands of my other Creditors. For his and their Benefit, however, and to avoid the tedious process of Law and to express the Regard I have for some other Friends and the Justice I would do them, I think it incumbent on me to make this will. And it is my Will that all the Estate, real and personal, whereof I am possessed, except what is in this will specifically bequeathed, be sold by my Executors hereafter mentioned in the manner I shall direct, that is to say, all the produce of my plantation fit for sale, and all other produce of the Labour of my Negroes, such as tar, Turpentine, Corn, and the like, all my remaining household Furniture (excepting plate, my wearing apparel and other things specifically bequeathed) and all the plantation stock of Cattle, horses and hogs, or such of that Stock as can be spared from Carrying on the Business of the plantation (which I would have continued untill advice arrives from Mr. Thomas Frankland with Direction to my Executors [or his Attorney if he appoints one], how they are to proceed in regard to the Mortgage) to be sold by public Sale to the highest bidder, allowing for enhancing the Sale a proper Credit not exceeding twelve months upon bond and Security for Sums exceeding twenty pounds. But as to the Real Estate and Negroes it is my Will that they shall not be sold but at such Time and such place, either here or in South Carolina, and in such manner as shall be directed by the said Thomas Frankland, Esquire, his Executors or Administrators having left a Letter of Advice to him on that Subject, Duplicates of which I desire may be forwarded to him by my Executors immediately after my decease, as also a Copy of my Will. And I do fully impower my Executors to make Sufficient titles for all my real Estate which they shall sell according to the Directions and Intentions of this my Will. And if there be any Surplus of my Estate after paying all my Debts as aforesaid, I do, in that case, bequeath the following Legacies. But in case there be no Surplus of my Estate after paying my Debts the said Legacies will depend upon the permission or approbation of the said Thomas Frankland, his Executors or Adm”ors. The Legacies are
| Imprimis. To my beloved Niece, Mrs. Sarah Frankland, my Wedding Ring (Plain Gold) as a particular Mark of my affection and a memento of my Conjugal happiness, not doubting hers is equal, and may it be as lasting.
Item. To my beloved Niece, Mrs. Mary Jane Dry, I give and bequeath my Gold Watch, not of modern Taste but an excellent piece of Mechanism, the Gold Chain and all the Trinkets belonging thereto to be worn in remembrance of her affectionate Aunt, who living or dying wishes her happiness.
Item. To my beloved Nieces, the Daughters of my Sister Moore, viz., Mrs. Sarah Smith, of Charlestown, Mrs. Mary Harlston, of the same place, and Mrs. Ann Swann, of Cape Fear, I give a mourning ring to each of them to be worn in remembrance of their affectionate Aunt, wishing to them and theirs a Series of many happy years.
Item. To my beloved grand Niece, Miss Mary Frankland, I give and bequeath my Silver chased Tea kettle and cream pot and Lamp, as also my walnut tree fineered Tea chest containing three pieces of plate chased as the Tea kettle, in the form of Urns for Tea & Sugar which I beg she will accept as a small Instance of my affection accompanied with my blessing.
Item. I give to my Grand Niece, Miss Hariet Frankland, my largest silver waiter as a small Instance of my affectionate remembrance of her, accompanied with my Blessing.
Item. I give to my Dear Grand Niece, Miss Rebecca Dry, as a small Instance of my Affection, a Dozen tea Spoons and Strainer, in a black Shagreen case, almost new, designed to accompany an eight sided silver coffee pot, put into her possession when I went to England in the year 1756 which I also give to her together with a Shagreen writing stand quite new to encourage her in that part of her Education, in which she seems to be making great progress within these late months.
Item. I give to my beloved Mrs. Mary Jane Dry my Silver sauce pan.
Item. I give to my beloved grand Niece Miss Susanah Hasell a Mohogony dressing table and a little gilt smelling bottle.
Item. I give to my beloved grand Niece Mary Hasell a little mohogony tea Chest—these I give as small tokens of my love and kind Remembrance of them attended with my Blessing.
Item. I give all the books of Modern taste which I shall die possessed of to my grand Nieces before mentioned—Rebecca Dry and Susanah Hasell, to be divided between them as equally as setts can be. And it is my further Request that the books thus bequeathed may be kept for their use and behoof only, not to be lent out and by that means the Sets may be broke before they can use them.
Item. It is my Will and desire that all my wearing apparel
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12- 13 of what kind soever be immoderately put into the hands of my beloved Niece, Mrs. Dry, and my much loved and esteemed Friend, Mrs. DeRossett, Senr., to be disposed of as in their Judgment shall seem meet.
Item. I give to my generous and constant Friend, William Dry, Esquire, a mourning Ring in Testimony of my Sense of his invarrying goodness to me.
Item. I Give to my loved and long esteemed Friend, Mrs. DeRossett, Senr., my Silver Etice in a black Shagreen Case as a small Instance of my affection.
Item. I ordain that the said Mrs. DeRossett and Mrs. Dry have the care of all my private papers. It is also my Request that all Mrs. Franklands Letters, which they will know by the Indorsement, may be sealed up without opening and be sent to her in England by the first safe hand. As to all my other Letters to and from my several Correspondents abroad and in America as also what Miscellanies I have of the amusing kind I commit them entirely to their Discretion.
Item. It is my Will that my Letters and Mr. Allens, of which there are several bundles, be kept sacred from the Eyes of any except these my two Friends whose inclination may perhaps lead them to peruse some of them, after this the fire will be the properest Repository for them and all the rest of my private Letters. The other Letters and papers relating to Business must be left with my Ex”ors after named.
Item. It is my Will that One Acre of Land round the Tomb of my said decd husband be reserved sacred for the use of our Cemetery or burrying Ground by my Executors when the rest of the plantation of Lilliput shall be sold and I do require my Ex”ors to cause a proper pailing to be made round the said Tombstone.
Lastly I nominate and appoint my Friends, James Murray and William Dry, Esquires, and Henry Hyrne, Gent., Executors of this my last Will in this province and in case of the Decease of one or two of them I do nominate and appoint first Frederick Jones of the Oak, Gent., and next Benjamin Hyrne, Gent., to supply the place of such Ex'or or Ex'ors decd and I do further nominate and appoint William Bampfield of South Carolina, Merchant, Executor of this Will as to that part of my Estate which lies in South Carolina.
In Testimony whereof I have set my Hand and Seal unto this my last Will consisting of two Pages this 28th. Day of January In the Year of our Lord one thousand seven hundred and Sixty one.
SARAH ALLEN (SEAL)
Signed, Sealed, published and declared by the Testatrix, Sarah Allen, as and for her last Will and Testament in presence of us who
| at her Request and in presence of each other have subscribed our names hereto,
GEORGE MOORE
ELIZ. CATH. DEROSSETT
JAMES COLSON.
WILMINGTON 1 April, 1761. The within written will of Sarah Allen, decd., was duely proved before me by the Oath of George Moore, one of the subscribing Witnesses thereto: At the same time James Murray and William Dry qualified before me as Executors of the within written Will.—Let Letters Testamentary issue thereon to the said James Murray and William Dry accordingly.
ARTHUR DOBBS.
These are to Certefy that Henry Hyrne Took the oath of an Executor to the within will before me the 21st February, 1763.
FRED'K GREGG. J. P.
Recorded in Will Book 8, page 193, Office of the Secretary of State.
JOHN ARDERNE'S WILL. NORTH CAROLINA, SS.
IN THE NAME OF GOD AMEN. I, John Arderne, of North Carolina, though in perfect health and strength of body, of thurough and Sound understanding of mind, praised be Almighty God for it; but considering ye great uncertainty of human life, ye many Contingencys of it, ye certainity of Death, have therefore made this my last will and testament, by it absolutely Revoking and disanulling all former Wills by me made, and declaring this only to be my last will and testament in maner and form following:
Imprimis. I do in all humillity bequeath my Soul to God y't gave it, and my body to the Ground decently to be Interred as he I shall hereafter Appoint my Sole Execr shall think fitt, in hope and full assurance of a Joyful Resurection to Eternall life, through ye alone merritts and intercession of my Blessed Saviour Jesus Christ.
And in relation to my worldly Estate; Since it is too often Seen through ye mercinary and Evil designes of many wicked men, to propagate their own Interest, many plain and interpretive Wills have had false, misterious construction put upon y'm, Directly contrary to ye Intent and designe of ye testator, I do therefore, hereby believing it as a Necessary introduction to ye particulars y't follow, and to prevent all cavells and disputes aft'r my death, most Slomnly declare in ye p'rsence of Almighty God, in Gen'er Terms, yt it is hereby my most true and Sincere intent & purpose to give and bequeath Every part and p'cell of my Estate, real and personall, whether in America, England, or any other part of ye world, unto my dearly beloved kinsman, William Duckenfield, Esqr., of ye Aforesd. Province,
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14- 15 from whom I have Received ye greatest favours, and to whom I owe ye greatest respect of any person living upon ye face of ye Earth; I further Solomnly declare as a certain truth, as I hope for mercy at Gods hand hereafter, that were I worth Ten Thousand millions of money, and in ye same single state I am in, i would leave it Every farthing to my afores'd kinsman, but for forms sake I shall descend into ye particulars. I know myself to be possest of, and of w't I have a right to in England, and may hereafter be possest of.
Item. I therefore hereby give and bequeath after my death unto my most Dear and Affectionate Kinsman, William Duckinfield, Esqr., all that plantation and tract of Land, called and known by ye name of Salmon Creek, as likewise all ye negro, Indian, Molato Slaves I am now in actuall possesion of, and have right and title to, togeather with all ye of horses, Mares, Colts, Cattle, hoggs, young and Old, or any thing besides I have right and title to in America, England, or any other part of ye world, I hereby give and bequeath ye whole and Every part thereof, after my death, to my dearly beloved Kinsman, Wm. Duckenfield, Esqr.
Item. I further give and bequeath unto my afores'd kinsman, a massy Gold ring, with ye Essines of Death Enamelled upon it, with this Inscription Engraven: post moementum Eternitas, now in possesion of my very hon'ble Relation Sr. John Crew, of Ushkinton, in ye County of Cheshire, in England.
Item. I likewise give and bequeath unto my afores'd Dear kinsman, William Duckinfield, Esqr., a Legacy of two Guineys, bequeath'd to me by my dearly beloved Relation and Choice friend, ye Exelent Lady Crew, now in ye hand and keeping of Sir John Crew.
Item. I likewise give and bequeath unto my Afores'd. dear kinsman, all y't part of my household goods at Clayton bridge house, where my brother Ralph lives, in ye County of Lance-Shire and Parish of Manchester.
Lastly, I further appoint my dear and loving Kinsman Wm. Duckinfield, Esqr., to be my sole Exec'r of this my last will and testament, and to ye full confirmacon hereof, have hereunto set my hand and Seal, in ye prsence of three writing witnesses as ye Law Requires, this 22d of October, in ye year of our Lord 1707.
JOHN ARDERNE. (Seal)
Signed, Sealed and delivered in ye presence of
HENRY LYTLE,
THO. ARNOLD,
GEO BLAINGE,
CHARLES BARBOUR,
JOHN TAYLOR.
| NORTH CAROLINA SS: By the Hon'ble President and councill.
We, being certified that good and lawfull proofs has been made, that the above written is the last will and testament of John Arderne, Esqr., decd., a true Coppy whereof is hereunto anexed, and hath therein appointed and made William Duckenfield Esqr. Exec'r: These are to Impower the sd William Duckenfield, Esqr., in and upon all and Singular the Goods and Chattles, right and Creditts of the sd John Arderne Esqr., to Enter, and the same into their posesion to take, and a true Inventory thereof, Appraised according to Law, to return into the Sectys office within one Year after the date hereof, and ye same to dispose of as by ye sd will is appointed.
Given under ye Collonys Seale ye 17th day of April in ye Eleventh Year of her Maj'ties Reigne, annoq Dom 1712.
THO: BOYD,
THO: PETERSON,
EDWARD HYDE,
N. CHEVIN.
Recorded in Will Book 1A, page 47, Office of the Secretary of State.
JOHN BAPTISTA ASHE'S WILL. NORTH CAROLINA, SC.
IN THE NAME OF GOD, AMEN. I, John Baptista Ashe, of Bath County, in the Province of North Carolina, Gent., being thro’ the mercy of Almighty God, of Sound Mind and Memory, Do make, appoint, Declare and ordain this and this only to be my last will and Testament, revoking and making void all former Wills by me heretofore made. The Lord have Mercy on my Soul for Christs Sake.
Imprimis. I will that all my Just and lawfull Debts be duely paid by My Executors hereafter named; particularly that one hundred pounds, North Carolina Money, or the Value thereof be remitted or paid to the heirs, Exors. or Admins. of James Nolan, of Boston, Mariner, deceased; the Sum of Sixty pounds of thereabouts having laid in my hands for some years, the Widow who claimed not Complying with the Statute (in that Case provided) for giving Security to Admtors: but I now direct that if they cannot Comply Strictly with the Law, Yet rather than faile, their own bonds to whom the money is payable, may be taken when the money is paid, to indemnify my Estate against any Creditors which may claim in this Province. Also, I will that there be paid as of Debt, to Daniel hendrick, of South Carolina, Shoemaker, his Exors. or assigns, the Sum of fourty pounds, Current money of this Province. Furthermore, I will that there be paid to the Exce. or heirs of Robert Gamsby, of Boston, Mariner, deceased, if such be to be found, the sum of fourty pounds, Current money of this province.
Item. I give, bequeath and devise (after payment of debts & legacies) to my three Children, John, Samuel, and Mary, all my personal Estate, to be Equally Devided amoungst them.
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16- 17 Item. I give, devise, and bequeath unto my Son, Samuel, and unto my daughter, Mary, my Lands up the north west branch of Cape Fair River, called Ashwood, which are scituate lying and being on the South side of the Said River between the lands of John Porter, of Virginia, Mercht., and the Plantation whereon Daniel Donaho, lately deceased, dwelt, Together with my other Lands on the north Side of the River directly opposite to those aforementioned, to be equally divided betwixt them, the Said Samuel and Mary, to them, their heirs and assigns forever.
Item. I give, devise, and bequeath unto my Son, Samuel, a tract of land containing six hundred and fourty Acres lying on Stumpy Sound, called Turkey Point; also one other tract Containing one thousand Acres, called Stump Island or New River Banks, to him, his heirs or assigns for ever.
Item. I give, devise, and bequeath unto my Son, Samuel, four hundred Acres of Land lying above William Lewis's plantation on the Main Branch of Old Towne Creek, to him, his heirs and assigns forever: unless John Russell shall personally come and demand of My Exors. a Bill of Sale for the last mentioned four hundred acres of Land, and Shall pay the ballance of Accounts betwixt us, amounting be about fourty pounds money of South Carolina, Then my Exors. are hereby directed and empowered to Convey the said four hundred Acres of land to the said John Russell, to him, his heirs and Assigns for ever.
Item. It is my will that my Sons have their Estates delivered to them as they severally arrive to the age of twenty and one years, and that my daughter have her Estate at the day of Marriage, or age of Twenty and one Years, which shall first happen.
Item. I will that my Slaves be kept to work on my lands, and that my Estate may be managed to the best advantage, so as my sons may have as liberal an Education as the profits thereof will afford; and in their Education I pray my Exers. to observe this method: Let them be taught to read and write, and be introduced into the practical part of Arithmetick, not too hastily hurrying them to Latin or Grammar, but after they are pretty well versed in these let them be taught Latin & Greek. I propose this may be done in Virginia; After which let them learn French, perhaps Some French man at Santee wile undertake this; when they are arrived to years of discretion Let them Study the Mathematicks. To my Sons when they arrive at age I recommend the pursuit & Study of Some profession or business (I could wish one to ye Law, the other to Merchandize), in which Let them follow their own inclinations.
Item. I will that my daughter be taught to write and read & some femanine accomplishments which may render her
| agreable; And that she be not kept ignorant as to what appertains to a good house wife in the management of household affairs.
Item. I give to each of my Exors. a Gold Ring as a token of the respect which In my life I bore them.
Item. I will that a Brick Vault may be built at Groveley, and my Dear Wifes body taken up out of the Earth & brought and laid therein; and if it should be my fortune to die in Carolina so as my Corpse may be Conveyed thither, I desire that one large Coffin may be made, and both our body's laid together therein and lodged in the said Vault.
Item. I give, devise and bequeath unto my honoured friend, Edward Mosley, Esqr., the one half or moiety of my Lands, lying near Rock Fish Creek, on the North West branch of Cape fair River, being twenty five hundred and Sixty Acres, to be equally divided between him and my heir, to him, his heirs & Assigns forever.
Item. I give, devise and bequeath unto my Loving Brother, John Swann, Six hundred and fourty Acres of land lying on the North East Branch of Cape Fair River, which he bought of, and of which I have not as yet made him any Conveyance, it being land adjoining below that whereon my Brother, Samuel Swann, dwells, to him the sd. John Swann, his heirs & assigns forever.
Lastly, I nominate, Constitute and appoint my honour'd friends, Edward Moseley & Nathaniel Rice, Esqrs., my good friend Mr. Roger Moore, my loving Brothers, Samuel Swann and John Swann, my good friends, Messers. William Downing and Edward Smith, to be Executors of this my last will, Testament, hereby desiring & praying them to see the same duly Executed.
In witness whereof, I have hereunto set my hand & Seal, this second day of November, Anno Dom., 1731.
JNO. BAPTA. ASHE. (Seal)
Signed, Sealed and Published in the Presence of us:
MEHITTOBDE X RUTTER
JOHN HAWKINS
CORNELIUS DARGAN
MICH. RUTTER.
NO.CAROLINA, SS.
I do hereby make a Codicil to be annexed to this my last will and Testament, and do hereby appoint my Loving friend, Job Hows and Thomas Jones, Executors to my last will and
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18- 19 Testament, and this codicil thereunto annext, together with the several persons before named in my said last will and Testament as my Exors. And whereas their is a certain Saw Mill in Building between Mr. Mathew Rowan and my Self, It is my will that my part of the Said Mill together with my part of the lands thereunto belonging be sold by my said Exors. for the use of my three children and the money arising by the Sale thereof to be Equally divided amongst them.
In testimony whereof, I have hereunto Set my hand and seal this Sixteenth Day of October, 1734.
JNO. BAPTA. ASHE. (Seal)
Signed & Sealed In the Presence of, and annext:
JAMES INNES,
JOSEPH WALTERS,
ED'D SMITH.
NORTH CAROLINA.
Before his Excelly., Gabriel Johnston, Esq., Captain General, Governor in Chief of the Province of North Carolina, and Ordinary of the Same.
Personally came before me Michael Rutter, one of the Witnesses to the within Instrument, being the last Will and Testament of John Baptista Ashe, Esq., who being duely sworn on the Holy Evangelists, declared that he was present and saw the said John Baptista Ashe, Esq., Sign, Seal, publish and declare the same to be his last will; and that he was at the same time of sound and disposing mind and memory and understanding, to the best of this deponents knowledge; and that he saw John Hawkins, Cornelius Dargan & Mihitobade Rutter, three other signing witnesses, present at the execution of the said Instrument and sign their names or mark thereunto.
Likewise, Personally appeared James Innis, Esq., one of the witnesses to the Codicil annexed to the said Instrument or Last Will and Testament Afforsd, who being duely sworn on the holy Evangelists, saith, that he saw the Said John Baptista Ashe, Esq., duely execute and publish the said Codicil as the codicil of his last Will and Testament, and that he was at the same time of sound mind and memory to the best of this deponents knowledge, and that he saw Joseph Waters and Edward Smith, the two other signing Witnesses present at the Execution of * * *
Given under my hand at Brunswick, the 15th day of November, Anno Dom., 1734.
GAB. JOHNSTON.
November ye 30th, 1734.
Personally appeared before me Edward Moseley, Roger Moore, Samuel & John Swann, Esqrs., & took ye oath appointed by law to be taken by Executors.
W. SMITH, C. J.
Copied from Original Will, filed in the office of the Secretary of State.
| WILLIAM ARENTON'S WILL. IN THE NAME OF GOD, AMEN. I, William Arenton, of Craven County, and Province of North Carolina, Planter, being in perfect Sound mind and Memory, thanks be to God, but Calling to mind the uncertainty of this life, do make and Declare this to be my last will and Testament, in Manner and form following.
& First, I Recommend my Soul unto the allmighty God who gave it, hoping for Pardon for all my Sins through the Merits and Mercy of Jesus Christ my Saviour and Redemer, and my body to the Earth, and as for my Temporal Estate which it hath pleased God to bestow upon me I Give and Dispose of the Same in Manner and form following:
Imprimis. my will and Desire is that my well beloved wife Mary Arenton have the use of the Plantation Whereon I now live during the time of her life.
Item. I Give and bequeath unto my well beloved wife Mary Arenton One third part of all My Estate of horses, Cattle & hoggs and Household Goods to her and her heirs for ever.
Item. I Give and bequeath unto my three Children, Rebeccah, Mary and Leah Arenton, all the rest of my Estate to be Equally Devided Amongst them when they Come to Age or Marriage.
Lastly. I Doe hereby Nominate, Constitute, Ordain and appoint my friend Henry Shippard Executor of this my last will and Testament, And I Doe hereby utterly Disallow and Make Void all and every Other will or wills, Legacys and bequests heretofore done or Made, Rattifying and Confirming this and no Other to be my last will and Testament.
In Witness Whereof he hath hereunto sett his hand and Seal this 23d Day of January, 1761.
W. A. (His Seal)
Signed Sealed Published & DeClared by the Said William Arenton to be and Contain his last will & Testament in the Presence of us the Subscribers
EDMUND HATCH
MARTIN
his X mark
SHIPPARD.
Copied from Original Will filed in the Office of the Secretary of State.
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20- 21 DAVID BAILEY'S WILL. IN THE NAME OF GOD AMEN. This sixth day of October, Anno Dom. 1745. I, David Bailey, of Pasquotank County, in the Province of No. Carolina, Esqr., being not well in health, but of perfect mind & memory, thanks be given to God therefore, calling to mind the mortality of my body & knowing that it is appointed unto all men once to die, do make & ordain this, as my last will & Testament, That is to say:
Principally & first of all, I recommend my soul into ye hands of God that gave it, &c., and my Body to the ground, to be buried at the Discretion of my Exs. hereafter named. And as touching such worldy Estate wherewith it hath pleased God to bless me in this life, I give demise & bestow ye same, in manner & form following:
Impr. I give & bequeath to my well beloved Wife, Thamar Bailey, all the Cattle up Pasquotank River, that I had by her; and also, all other Goods & Effects that were properly her own before our intermariage, also the sum of four hundred pounds Current paper money, to be paid to her by my Exs. hereafter named.
It. I give & order that my negro fellow Andrew, be sold at a publick Vendue, to help raise the afsd. money; & that my wife be not debar'd the liberty of bidding for him (if she see Cause.)
It. I Give & bequeath to my well beloved Daughter, Elizabeth Bryant, one negro wench named joney, also one Dutch Linnen wheel.
It. I give & bequeath to my well beloved son, Joseph Bailey, the Plantation whereon he now dwells, together with all the land thereunto belonging, to him & his Heirs for ever; also four steers runing on ye sd. Land.
It. I give & bequeath my negro fellow called Jones, to my son, Joseph Bailey, also my negro wench called Moll; also my negro boy called Luke; also the one half of my Whip-saw; also one Steel-Trap; also one Corn Mill; also one Walnut-oval Table besides what he has recvd. before.
It. I give & bequeath to my well beloved son, Benjamin Bailey, one negro boy called Mosee; also Two yoke of Oxen; also my old Flat; also all the Steers down ye River that shall be in being at my death.
It. I give & bequeath to my well beloved son, Benjamin Bailey, ye Land & Plantation I bought of Ebenezer Hall, containing Two Hundred & six acres, lying in this County, to him & his Heirs for Ever.
It. I give to my Daughter, Sarah Snowdon, the use & service of my negro wench called Ruth, during my sd. Daughter's
| life, and after her decease I give and bequeath the sd. negro wench called Ruth, and all her increase, to the Heirs lawfully begotten of my sd. Daughter Sarah's body; also three Ews & Lambs.
It. I Give & Bequeath to my well beloved son, Robert Bailey, my Land & Plantation, the Folly, to him & his heirs for Ever; also one negro boy called James; also the one half of my negro Girl Called Doll; also one feather Bed & furniture, wch is now down ye River; also one black mare, wch I Bought of Joseph Lowry, branded With E. L., Two Cows & Calves wch is down ye River; also one Case of Bottles; also the half of the new Schooner; also the half of my whip saw, one Steel Trap; one very large Iron Pot, one iron pot Trammel.
It. I give & bequeath to my well beloved Son, Simon Bailey, my plantation & Land Called Piney Point, lying at Core Sound, contianing Three hundred acres p. Patent, to him & his Heirs for Ever; also all my Cattle upon that Plantation of the Plantation mark, being a swallow fork in ye right Ear, the left Ear off; also one negro fellow called Mustipher; also the other half of my negro wench called Doll; also my Will & order is, That the increase of the sd. negro Doll, pass, the first child to my son, Robert, the next to my son, Simon, & so on, and if there be an odd one, the same to be Equally divided between them; also one bed & furniture, wch is in my Room at my son, Joseph Bailey's; also Two Cows & Calves, one young mare branded with D. B. & called Wren; also one small Trunk, & fifteen pounds in Gold & Silver in it of Virginia Currency; also all ye Hives of Bees on ye plantation abovesd; also Two Cows & Calves.
It. I give & Bequeath to my Daughter, Tamar Bailey, the work & service of my negro Wench called Hannah, during my sd. daughter's life, and after her decease, I give & bequeath my sd. negro Hannah, and all her increase, to the Heirs lawfully begotten of my sd. Daughter's body; also one bed & furniture, wch is down the River; also one young Mare called no-fail; one Trunk, one white Chest, one Case of Bottles, one Looking Glass, one Box-iron Heaters, Three Pewter Dishes, one set of Tea ware; also one Dutch Linnen Wheel, also one Woolen Wheel made at Core Sound; also Two Cows & Calves, one iron pot that I bought of Sarah Snowdon; one iron pot Trammel; also one young Horse called Button.
It. I give & bequeath to my second Wife's Daughter, Miriam Overman, one negro Girl called Hagar & her increase, to her & the Heirs of her body.
It. I give & bequeath to my second Wife's son, David Wallis, the work & service of a young negro Boy of mine, called Jeffrey, towards his maintaining & bringing up, till he shall arrive to ye age of Twenty one years; but if the sd. David
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22- 23 Wallis, shall happen to die before he Shall attain to that age, then the sd. negro Jeffrey, to return to me & my heirs; but if the sd. David Wallis shall live to the full age of Twenty one years, then the sd. negro Jeffrey is to be his for Ever.
It. I give & bequeath to my sons, Joseph Bailey, Robert Bailey, & my son in law, Simon Bryant, all my neat Cattle & Sheep marked with a swallow fork in ye right Ear, the left Ear off; also all my Horses and Mares branded with D. B., wch are running upon the banks at Core Sound, Equally among them; also all the neat cattle upon Hunting Quarter, belonging to me, marked with a Poplar Leaf in ye left Ear. & a Crop & a slit in ye right.
It. I will, bequeath & strictly order, That all the rest & residue of my personal Estate, not mentioned in this will, and wch shall be found in this County, and within the Lord Carteret's line, be sold at publick Vendue to the highest bidder, and the monies thereby arising (my Wife's Legacy first discharged), to be Equally divided between my Children, Viz: Elizabeth Bryant, Joseph Bailey, Benjamin Bailey, Sarah Snowdon, Robert Bailey, Tamar Bailey & Simon Bailey; also for my Exs. to take care of my son, Simon Bailey & bring him up.
It. I nominate, constitute and appoint my son Joseph Bailey, and my son in law, Simon Bryant, Co-Executors of this my last Will & Testament, to see the same perform'd to the utmost of their power, utterly revoking, disannulling & making void all former or other Wills, Testaments, Legacies and bequests, formerly by me in any wise made, willed or bequeathed. Ratifying & confirming this & no other, as my last Will & Testament.
In Witness whereof, I have hereunto put my hand & Seal, the Day & year first afore written.
DAVID BAILEY (Seal).
Signed, Sealed, published, pronounced & declared by ye Sd. David Bailey, as his last Will & Testament, in presence of us the Subscribers:
THOS. WEEKES, Jurat,
PATRICK BAILEY, Jurat,
JOHN BAILEY.
.
March the 29th., 1746.
Thomas Weeks & Patrick Bailey, Two of the Subscribing evidences to the Within Will appeared before me and made Oath on the Holy Evangelists, that they were present & Saw David Bailey, Sign, Seal, Publish and Declare the within to be & Contain his last Will and Testament; and that the said David Bailey was then, and at that time of Sound & disposing Memory; and that they also See John Bailey, the Other Subscribing
| Evidence sign his Name thereto at the Same time. Then also appeared Simon Bryan & Joseph Bailey and took the Oath by Law appointed to be taken by Exrs.
ENOCH HALL, C. J.
Copied from Original Will, filed in the Office of the Secretary of State.
HENRY BAKER'S WILL. IN THE NAME OF GOD AMEN. I, Henry Baker, of Chowan, No. Carolina, being in good health of Body & of Sound & perfect mind & Memory, praise be therefore given to almighty God, Do make & ordain this psent. last will & testament, in Manner & form following, that is to Say:
First & principally I commend my Soul into the hands of almighty God, hoping thro’ the merits, Death & Pasion of my Saviour Jesus Christ, to have full & free parden & forgiveness of all my Sins & to Inherit everlasting life; & my Body I commit to the earth to be buried at the Discretion of my Executors hereafter named; & touching all Such temporal Estate as it hath pleased almighty god to bestow upon me, I give as follows:
First, I will that all my Debts & funerall Charges be paid & Discharged.
Item. I give to my Son, Henry, all the Land whereon I now live, to him and his heirs.
Item. I give unto my Son, Henry, these Negroes, vizt: Guy, Clouse, Bobb, Ceasar, ned, Jacob, young Diner, & hagar & their increase.
Item. I give unto my Son, Henry, my watch, Seal, Desk, Six rusia Chares, ye great Glass, my Sword, one ovel table, besides what I have already or heretofore given him.
Item. I give to my Son John all my land at a place called Little Town, & my Land joining on Banks, Wynn & ascue, & the Land bought of William Garrat, all in Bertie precinct, with ye Stock thereto belonging, to him & his heirs.
Item. I give unto my Son John these negros vizt: Arthur, Juno, Finney, little Bobb & Dick & their increase.
Item. I give to my Son, Blake, my land bought of John and Thomas Wickings in Chowan, & five hundred acres thereto adjoining, wch I took up; & my land at Ahoskey marsh in Bertie & the Stock thereto Belonging, to him & his heirs.
Item. I give to my son, Blake, these negroes vizt: Cipio, Joe, Patt & Argalus & their increase.
Item. I Give to my Daughter Mary, these Negroes, Vizt: Darby, Lucey, & Peter, and their Increase.
Item. I give to my Daughter, Sarah, these negroes, Cato & Priss & their Increase.
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24- 25 Item. I give to my Son, David, 130 acres of Land at Meherring landing adjoining to the ferry, to him & his heirs.
Item. I give to my Daughter Ruth twenty shillings.
Item. I give to my Son Ladock (?) twenty shillings.
Item. My will & desire is that my wife, Ruth, have the use of these negroes, Vizt: Tom, Benbo, Daniel, Dinah & Joyce, Brady, during her natural life & after her Decese I give Tom & Dinah to my Son, Henry, Daniel to my Son, John, & Benbo to my Son, Blake.
Item. I give to my wife, Ruth, all the rest & residue of my personall Estate whatsoever & my will & desire is that my wife, Ruth, have & enjoy the Back room and Entry & half ye Orchard to be Divided from the house Westerly & Land adjoining to the plantation to worke on Dureing her Naturall life or widdowhood.
Item. My will & Desire is that if it so happens that my Son, John, Should Die in his Minority, that then the Land I have given him Shall go to my Son, Blake, & his heirs.
My will is that my land at ye Knuckles, in Nansemond, be Sold by my Exrs. towards ye payment of my Debts.
I do hereby nominate, Constitute, ordain & appoint my Brother, William Baker, to be my Executor; & in case of his Death, I do appoint my Brother, James Baker; & in case of his Death, I do appoint my Brother, Lawrence Baker, of this my last Will & Testament, revoaking & making null & void all former Wills.
In Witness whereof, I have hereunto set my hand & Seal, this Ninth Day of January, 1737.
HENRY BAKER, (Seal).
Signed, Sealed, publisht & Declared by the Sd. Henry Baker as his last Will & Testament in prsence of us the Subscribers,
EDWARD VANN,
JOHN BRADY,
EDWARD WARREN.
May ye 1st., 1739.
Came before me Edward Vann, John Brady & Edward Warren, & Made Oath that they Saw Henry Baker Sign, Seal and publish ye within as his last will & testament; & that he was of Sound & Disposing mind & Memory at that time & That these Deponents Subscribed as Witnesses thereto. At ye Same time William Baker took the Oath appointed by law to be taken by Executors.
W. SMITH, C. T.
Recorded in Grant Book No. 4., Will No. 81.
| JOHN BARCLIFT'S WILL. NO. CAROLINA, PERQS. COUNTY, ss.
IN THE NAME OF GOD AMEN, the 23d of April 1759. I, John Barclift, of the County and Province aforesd, farmer, being Weak in Body, but of a Perfect mind and Memory, thanks be to god for the Same, Therefore Calling to mind the Mortality of my Body and knowing that it is appointed for all men once to die, do make and ordain this my last will & Testament, that is to say:
Principally & first of all, I Recommend my soul into the hands of God that gave it, & my Body I Recommend to the earth to be Burried in Decent Christian Burial at the Discretion of my Executors, hereafter Named; and as for Such worldly Estate it hath pleased God to bless me in this Life, I Give Devise and Bequeath in the following manner and form:
Imprs. I Give and Bequeath to my Loving Wife Elizabeth Barclift the use of one third part of the Plantation and Land whereon I now live during her natural Life, together with the use of the outward Room & upper Chamber of my house & also the use of the Lower Room of my Brick house; also I give to my wife the use and Labour of one negro man Called Tom and the use & Labour of one Negro woman Called joan During her natural life; also the use of my large Looking Glass, during her Natural Life; also the use of my desk during her Natural Life; also the use of one Chest; and the use of one Dozon of Chairs; also the use of one large Brass Kittle; also the use of one large iron Kittle, & the use of two iron Pots, she having her Choice; also the use of one yoke of Stears, with yoke, Ring and Staple, and two Ploughs; also the use of all the she Cattle in my Stock that runs on the Plantation whereon I now live; also the use of one Feather Bed & furniture, she having her choice; also the use of one large black-Walnut Table, & the use of one 15 Bottle-Case; also one 3 Gallon jugg, & one Gallon Ditto; also the use of all my Pewter; also the use of one Black horse, also the use of Six Ewes & Lambs; also the use of 3 Iron Wedges; also the use of one falling ax, also the use of one hilling hoe & two weeding hoes and two Pr. Pot trammels & 2 Pr. Pot-hooks & Gridiron, & ho-cake-hoe; also the use of one Box iron & heaters, & one Tea Kittle, & one Sive and one Search; also two Buckets & two tubs; also one Pr. small Stilliards also one hand-mill being Cullen Stones; also Six Breeding Sows.
Item. I Give to my Daughter Eliza: Sanderson one Negro Girl called Rachel, also one Negroe Boy Called jemmy, also one Negro Boy called Toney, (being already Delivered to her) to her & her Heirs for ever; also I give to my Daughter Eliza.
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26- 27 Sanderson one feather Bed and furniture and one Mare, and Six head of Sheep, also one iron pot & one iron Kittle, with Sundry other things of small Value in her own Possession already deliver'd to her Since her Marriage.
Item. I Give to my Daughter Eliza: Sandersons Son John Sanderson, the first Child that my Negro Woman joan shall bring after the date of this writing to him and his Heirs for erve.
Item. I Give to my son Asa Barclift one hundred & Twenty five Acres of Land out of the Tract whereon I now live, Beginning at the head of the Line & running towards the River along Joshua Maudlins line as far as the Bridge & then up the Branch as far as is Required to make out the Hundred & Twenty five Acres holding its breadth out to the head of the Land, to him & his Heirs lawfully begotten for ever; and in Case he should Die without Heir my Will is that my Son Demson Barclift & his Heirs Lawfully begotten shall Possess & Enjoy the sd Land. I also give to my son Asa Barclift one Negro Boy Called Mosey, also one negro boy Called Luke, also one Negro Girl Called Dina, to him and his heirs for ever; Also I give my son Asa one Flax hacke.
Item. I Give to my Son Demson Barclift the remaining Part of the Plantation & Land whereon I now live to him and his heirs Lawfully begotten for ever; and in Case he should Die without Heir my Will is that my son Asa Barclift and his heirs shall Possess and enjoy the sd. Land. I also give to my Son Demson Barclift one Negro Boy Called Sampson, also one negro Girl Called Grace, also one Negro Boy Called Robin, to him and his Heirs for ever; I also give to my son Demson Barclift one Large Bible, also one young Mare, also one yoke of Stears, also one feather Bed and furniture, also one case with 15 Bottles, also one Plough Chan, also one iron Pot, also one small Gun, also my Shoemakers Tools, also one large looking-Glass and one Dozon of Chairs after my Wife's Decease.
Item. I Give to my Son Benjamin Barclift the upper part of my Land at the mark-Poplar on the North Side of the Road, beginning just above the high rooted Beach Branch at a Beach, then running a Straight Course to the Corner Trees of Frances Layden & Peter Cartwright, being an Elm & a White Oak standing about 5 or 6 Steps apart then running along Peter Cartwrights line to the Road then Down the Road to the first Station, to him & his heirs Lawfully Begotten for ever: and in Case he should Die without Heir my Will is that my Son Noah Barclift and his Heirs shall Possess and Enjoy the sd. Land; I also give to my son Benja. Barclift one Negro Boy Called Dick, also one Negro Girl called Nan, also one Negro Boy called Isaac, to him & his heirs for ever: I also give to my son Benja. Barclift one Still, one 12 Bottle Case, also one feather Bed & furniture, also one young Mare, also a Set of
| Shoe-makers Tools, also one Pr. of Pot-trammels, also one Pr. of Shell-mill-Stones & one Plough Chain, also one small Gun.
Item. I Give to my son John Barclift part of my Land at the mark Poplar lying on the South Side of the Road begining at a Red Oak, Standing in the bottom of the high-rooted-Beach-Branch, then running Down the Branch to the Creek, then down Pruze Creek to a point Called Aarons point then up Batemans Creek to Batemans line, then along Batemans line to the Road, then down the Road to the first Station; to him & his Heirs Lawfully begotten for ever; & in case he Should Die without Heir, my will is that the sd. Land be Equally divided between my two Sons Benjamin and Noah; I also give to my son John Barclift one Negro Girl called Tamar, also I give my son Jno. Barclift one Negro Boy Called jo, also one Negro Girl Called Doll, to him and his Heirs for ever; also one feather Bed and furniture; also one Gold-ring, one Young mare and one Pr. of Pot Trammels.
Item. I give to my son Noah Barclift all the remaining part of my Land at the Mark-Poplar (not heretofore given,) to him and his Heirs for Ever and in Case he should Die without Heir my Will is that my Son Benjamin & his Heirs shall Possess and enjoy the sd. Land; I also give to my Son Noah Barclift one Negro boy Called George, also one Negro Girl Called Pleasant, also one Negro Girl Called Rose. I also give to my son Noah Barclift one Silver Cup after my Wife's Decease.
Item. I Give to my Daughter Mary Barclift one Negro Girl Called Esther, one Negro Boy Called Anthony, and one Negro Girl Called Judah, to her and her Heirs for ever; also one warming pan, also one Feather Bed and furniture after my Wife's Decease—being the Bed that I gave the use of to my wife.
Item. my Will & Desire is that my iron-tooth drag be for the use of all my sons, and the longest liver to keep it.
Item. My will and Desire is that my three Negro Women (that is to say) Hagar, Ruth, and Moll, and their increase, also the Increase of my Negro Woman Joan that is not already given, be Equally Divided amongst my five Sons & Daughter Mary, when the youngest of them comes to age.
Item. I Give to my son Asa Barclift one Negro woman Called Joan after my wife's Decease, she having the Labour of her during her Life.
Item. I Give to my son Noah Barclift one Negro man Called Tom after my wife's Decease, she having the Labour of him during her Life.
Item. My Will and desire is that my negro man Peter be sold at the discretion of my Executors and the Money arising be apply'd towards paying Debts and Charges, & also I desire
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28- 29 that such a part of my Estate as my Excrs shall think Perishable may likewise be sold & the money apply'd as aforesaid.
Item. My Will is that after my Wife's Decease all that I have given her the use of (Except what I have already Disposed of) may be Equally Divided Amongst my five Sons & Daughter Mary.
Item. My Will and Desire is that all the remaining part of my Estate not already given, together with the overplush of the money arising by the Sale of any of my Estate (if any there be) be Equally divided between my wife and Six Children, that is to say, Demson, Benjamin, John, Asa, Noah, and Mary as they come to Age.
And I do hereby nominate, Constitute & Appoint Samll. Sutton & Thomas Stevenson, to be my whole & Sole Executors of this my last will and Testament and I do hereby utterly disallow, revoke and Disannul all and every former Testaments, Wills, Legacies, Bequests and Excrs. by me in any way before named, Willed, and Bequeathed: Ratifying and Confirming this and no other to be my last Will and Testament.
In Witness whereof I have hereunto set my hand & Seal the day and year above Written.
JOSEPH BARCLIFT (Seal).
Signed, Sealed, Published, Pronounced and Declared by the sd. Jno. Barclift as his last Will and Testament In Presence of
JAMES GIBSON, Jurat,
SAMLL. BARCLIFT, Jurat,
MATHIAS JOHNSON, Jurat.
No. CAROLINA, PERQMS. COUNTY. July Court, Anno Dom. 1759.
Present his Majestys Justices, & This Certifies that James Gibson & Samll. Barclift, two of the Subscribing Evidences to the within will, appeard In Court and made Oath that they were Present and Saw John Barclift Sign, Seale, Publish & Declare the within to Be and Containe his Last will and Testament and that they also saw Mathias Jonston Sign his Name thereto at the same time. Then allso appd. Samuel Sutton & Thomas Stevenson Executors In Court, take & took the Excrs oath In Due form of Law.
Ordered that the Hon. Richd. Spaight, Esqr., Secrtry of this Province have notice thereof that Lettrs. Testamentary Issue thereon as the Law Directs, &c.
(Test) MILES HARVEY, Clk cr.
Copied from Original Will filed in the office of the Secretary of State.
| WILLIAM BARROW'S WILL. IN THE NAME OF GOD AMEN, I, William Barrow, of ye precinct of Hide, in ye County of Bath, in ye Prove. of North Carolina, being Sick & weak of Body but of sound and perfect mind & memory and Calling to mind ye Certainety of Death and not knowing when it may pleas ye Lord to Call mee out of this life do make and ordaine & appoynt this my last Will and Testament, in maner and forme following:
Imp: I give, devise & bequeath to my three Sons, William, John & Richard Barrow, my Plantation whereon I now live, Containing ffouerteen hundred Acres of land more or les, to be Equally devided between my afsd. three Sons, that is my Eldest Son William Barrow to have ye maner Plantation whereon I now live after my Wifes Dec: to be held of them & Every of them their heirs and assignes in fee simple for ever.
Itm. I give devise & bequeath to my Other three Sons, Samuel, Joseph and James Barrow, all my Tract of Land lying & being upon Broad Creeke Containeing one Thousand Acres of land more or les, to be Equally devided between my sd. three Sons namd: Samuel, Joseph & Jams. Barrow to be held of them, their heirs & assignes Severally, In fee simple for ever.
Itm. I give and bequeath to my Son, William Barrow, all and every part of my Smithe tools, and my longest Gun or fouleing peace to be at his disposall when he shall attaine to ye: age of one & twenty years.
Itm. I give and bequeath to my Son, John, all & Every part of my Coopers tooles, and my Shortest gun to be at his disposall when he shall attaine to ye age of twenty one years.
Itm. All the rest & residue of my Estate over & above ye legasies before given So Comeing & remaineing boath personall & reall, the one third part of which so riseing I give to my Loveing wife Eliz. Barrow, and ye remaineing part after her full one third part so taken oute I give & bequeath to my six Sons before named & to my two Daughrs Ann & Sarah Barrow to be Equally Divided among my sd. Six Sons & two Daughs. to be at their disposall, that in my sd. Six Sons afsd. as they shall respectively attaine to ye age of twenty one years & my two Daughs: to have at ye age of Eighteen Years or ye day of marriage.
Itm. My Will & desire is that my Lov. Wife, Eliz. Barrow, have the use and ocquepation of my plantation whereon I now live together with all houeses, orchards & all other Conveniances there unto belonging with oute Molestation or Incumbrance dureing her naturall life and after her dec: then to my son, William Barrow, his heirs for ever more as afsd. that is, my will & desire is that my sd. three Sons, William, John and Richard Barrow, Shall not be hendered or debarred fron Seating
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30- 31 on Conveniant parts of ye sd. Lands so given them when they shall attain Respectively to ye age of twenty one Years.
Itm. I doe appoynt my Loveing wife, Eliz. Barrow, and my Son, William, to be Joynt Execs. of this my last will & Testament as witness my hand & Seal this 8th. Day of Jan'ry, 1715.
W. BARROW. (Seal)
THOS. BONNER,
THO. MARTIN,
JNO. PORTER.
This may Certifye That on the 23d. Day of Octo., 1716. The above written will was proved by the Oath off John Porter.
before me,
GALE, Ch: Just.
Eliz. Barrow one of Exrs. within & above mencond took the Oath for prformance of ye before written will in presence of:
GALE, Ch: Just
Copied from Original Will filed in Office of the Secretary of State.
EDWARD BATCHELOR'S WILL. IN THE NAME OF GOD AMEN. I, Edward Batchelor, of the Town of New-Bern, in the State of North Carolina, being Sick, and weak in Body, but of Sound Mind, memory and understanding, do make and publish this my last Will and Testament in manner and form following, to wit: first I recommend my Soul into the Hands of almighty God; and my Body I commit to the Earth to be decently buried at the Discretion of my Executors hereafter Named; and as touching the Disposition of all my temporal Estate, I give & Dispose thereof as followeth:
Imprimis. I Will that my Debts and funeral Charges shall be paid and Discharged.
I give and bequeath unto my well beloved Wife, Francis Batchelor, all my household Furniture plate and every Article of Kichen Furniture &c; I also give and bequeath unto my Said Wife one Negro Wench named Cordera, and a negro man Named Frank for and During her natural Life and after her Decease my Will is the Negro Wench Corderia shall go to my Daughter Elizabeth and the Negro Frank shall go to my Son John to him and their Heirs and assines.
I also give to my eldest Daughter, Elizabeth, the increase of the above mentioned Negro Wench Cordera in case She has Children; and my Gold Watch.
I also give and bequeath unto my Son, John Batchelor, a Tract of Lying on Susquehanna in Pensilvania, and my wearing apparel.
| I also give and bequeath unto my Son, Edward Batchelor, a negro Boy named Moody, and also my Stock Buckel and Sleve Buttons.
I also give and bequeath unto my Daughter, Frances Batchelor, a negro Wench and child, the Wench Named Judah and her Increase & that my estate to be charged for these two Negros, and Credit given the Partnership of Assheton & Batchelor for the Value of them when they came into the Country.
It is my Will and Desire that my good friend, Thomas Assheton, shall have the Management and is Impowerd hereby, to Receive all Debts due and Owing to me on my private account in Pensylvania and the Jerseys for the use of my private account and family, and that if my Said Thomas Assheton should Die before such Settlement is finished that then and for the Same purpose, I do hereby apoint my Good friend, John Chevilear, Esquire, to do the Business for the purposes aforesaid.
And it is my Will and Desire that as soon as it may be convenient after After my Decease, that the Accounts of the Partnership of Assheton & Batchelor may be Generally Settled, and for that purpose all the Goods on Hand, and Negros, the following Vessels in which the partnership of Assheton and Batchelor is concerned with other people in Interest of Vessels and Cargo, Vizt: one half of the Sloop Betsey in partnership with Seamore Hood; One quarter of the Schooner Called the Patrick Henry, in partnership with Stacey Hebum & Seamore Hood; One Sixth part of the Sloop Lydia, in company with Jno. Wright Stanly & others. Those Vessels being now on their Voyages at Sea to be Sold on their Return, that is to say, that part of the Said Vessels & Cargoes which is above Mentioned belonging to the Compy of Assheton & Batchelor. Three Quarters of the Ship Called Harmony Hall, now lying in the Harbour of New Bern with a Cargo on Board bound to France, whereof John Darcius is One Quarter Owner, who was to get the Said Ship Insured at Charles Town, if so, I would not have Our part Sold untill she has made the Voyage and returned, But if the Insurance Shou'd not be made, I do in that Case Will & require that the three Quarters of the Said Ship belongin to the partnership of Assheton & Batchelor may be Sold immediately after my Decease before the Voyage is made. The new Ship Called the Harriot, now lying at my warf, also a small Sloop called the Dolphin, and the Schooner Called the Lively, now lying in the Dock at my Wharf, all belonging the partnership of Assheton & Batchelor, my desire is that those three last Mentioned Vessels be also Sold for the Account of the Said Partnership. And my Will and Desire is that the Concerns of the Partnership of Assheton and Batchelor may be as Soon as convenient Generally and finally Settled, and that
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32- 33 After the partnerships Debts are paid and Satisfied the Amount of My Share of the Stock in trade my Will and Desire is that the Same bed is posed of in the following manner, that is to say:
I give and bequeath unto my well beloved Wife, Francis Batchelor, fifteen hundred pounds, to be paid unto her After the Settlement is made by my Executors.
I also give and bequeath to each of my Children the like Sum of fifteen hundred pounds each, to be put out at Interest untill the Boyes Shall arive to the Age of Twenty one, and the Girls to the Age of eighteen years old, and do appoint my well beloved wife Guardein to my Said Children, with the Advice of my Executors. And it is my Will and desire that if After a Settlement of Partnerships Concerns there Shou'd remain more money then is required to pay the sum of fifteen hundred pounds to my wife and the like Sum to each of my Children according to the above bequists, that then the Overplus be equally devided between my wife and Children. And if my Interest Shou'd fall Short of the Sum of fifteen Hundred pounds each, then each of them to have as much less in proportion so that what they are to receive may be equal to each. And it is my Will & request that my children be kept at school and that they may Virtuously brought up in the Fear of God, and the Interest of the money shall be applied to Defray the expence of Education; And it is my further Will and Desire that if any of my Children shou'd Die before they arive at age that then their part of money &c., shall be Equally Devided among the Survivors.
I also give and bequeth unto my Beloved wife, my Horse and two Chairs, Harness, Saddle, &c., to her only Sole use, benefit & behoof and also all the Rest and Residue and remainder of my Worldly Goods and effects whatsoever I give devise and bequeath unto my Said Wife.
And I hereby Nominate and Appoint my good friends Thomas Assheton of Philadelphia, Dr. Thos. Hasline of New Bern, & Frances Batchelor my Wife, Executors and Executrix of this my last Will and Testament hereby revoking all former Will and Wills by me heretofore made.
In Witness whereof I have hereunto Sett my hand & Seal this—day of November, 1777.
(Seal.)
Signed, Sealed, published and Declared by the Above Named Edward Batchelor as and for his last Will & Testament in the presence of us who have hereunto Subscribed Our Names as Witnesses thereto, and in the presence of each other:
| N. B. The Words interlined, between the Tenth and Eleventh Lines & to the end of that paragraph (for and during her Natural life and after her Decease my Will is the negro Wench Corderia shall go to my Daughter, Elizabeth; and the negro Frank shall go to my Son John to them their Heirs and Assignes) were entered so before Signing & other words Interlined, to wit: My, her,
NORTH CAROLINA, CRAVEN COUNTY SS.
This day about Seven o'Clock after noon, personally appeared before me, Joseph Leech, one of the Justices for said County, Richard Cogdell, Esqr., Who being Sworn on the Holy Evangelists Declareth, that on tuesday the twenty first, Instant, November, a Messenger came and told him Mr. Batchellor was very Ill and desired to See him, that he went to Mr. Edward Batchelor's, who sayed he had Been for some time very Sick and in a bad State of health, and was desirous of making his Will and wanted the favour of his assistance to do it. In Compliance thereto said Cogdell took down in writing several Instructions from said Mr. Batchelor about the Same and after having prepared the same, the next day waited on Mr. Batchelor with it, and read it to him, with which he approved, and then gave him some further directions for finishing and compleating his said Will, all but the naming of an Executor, which he desired him to Leave a Blank for, as he had not spoken to the person he wanted to nominate, which said further directions said Cogdell also took down in writing, and the next morning, which was yesterday morning, he finished the said Will according to Mr. Batchelor's directions as above mentioned, and Carried it to him and read it, all of which he the said Mr. Batchelor approved off, but desired him to call again in the Evening, to fill up the blanks for the Executor, as he had not yet spoke to the person he wanted to ask, and then to have the Will Executed, Which the said Cogdell accordingly did, but finding him asleep, did not care to have him disturbed, but went the next morning again, which was this morning about ten or Eleven o'Clock, with the Said Will What is the Will hereto annexed, and which is the Will he drew from the said Mr. Edward Batchellors own Instructions and read to said Batchellor which he approved off as his Last Will and Testament, and then desired him to fill up the blank for the Executor with the name of Doctor Thomas Haslen as one of his Executors, which he did. And the said Batchellor was afterwards in the afternoon twice raised up in the bed to Sign it, but being taken with Such violent pains could not Set up Long Enough to do it, and about five o'Clock this afternoon died away, to all appearance in Sound Mind and perfect Sences, and further this deponant Sayeth not.
RD. COGDELL.
Newbern, November 27, 1777.
Sworn to Before me:
JOSEPH LEECH, J. P.
NORTH CAROLINA, CRAVEN COUNTY. SS.
This day about Seven o'Clock after noon, also Personally Appeared before me, Joseph Leech, one of the Justices for said County, Mr. Michael Gorman, who being Sworn on the Holy Evangelists Declareth that he well knows that Richard Cogdell, Esqr., attended every day at Mr. Edward Batchellor's for several days before he died for the purpose of drawing his Will, and that he this Deponant, with Mr. John Flynn, were both called up between five and Six o'Clock this afternoon to Mr. Batchelor's room where he was Laying sick to be Evidences to his Signing his Will, and that the Said Batchelor was twice Lifted up in his bed to Sign it but was taken with Such violent pains he could not keep up Long Enough and died away before he could Sign it, Seemingly to him in Sound Mind and perfect Sences, and that the Will hereto annexed is the Same Will that Richard
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34- 35 Cogdell, Esq., had in his hand which Mr. Batchelor was then going to Sign which they were called to Evidence and further this deponant Sayeth not.
MICHL. GORMAN.
Newbern, November 27th., 1777.
Sworn to before me,
JOSEPH LEECH, J. P.
NORTH CAROLINA, CRAVEN COUNTY. SS
This day also, about Seven o'Clock after noon, Personally appeared before me, Joseph Leech, one of the Justices for the Said County, Mr. John Flynn, Who being Sworn on the Holy Evangelists Declareth, that on tuesday morn the twenty fifth Instant November, Mr. Edward Batchelor of Newbern, Merchant, Since deceased, Sent him to Richard Cogdell, Esqr., for the purpose of desiring him to Come to draw his Will for him, which Mr. Cogdell did and hath been every day Since at Mr. Batchelors about the Same, and that this afternoon between five and Six o'Clock he and Mr. Michael Gorman were both called up to the room where Mr. Batchelor Lay Sick to be Evidences with Richard Cogdell Esqr to the said Will which Said Cogdell then held in his hand and which Mr. Batchelor was twice raised up to Sign, but was seized with such violent pains that he could set up to sign it, and then Soon after died away, Seemingly to him in his Sound Mind and perfect memory, and that the Will hereto annexed is the Will Mr. Cogdell then held in his hand which Mr. Batchelor was then going to Sign and further this Deponant Sayeth not.
JOHN FLYNN.
Newbern, November 27th., 1777.
Sworn to before me,
JOSEPH LEECH, J. P.
STATE OF NORTH CAROLINA, NEW BERN,
4th., December, 1777.
Personally appeared before me, Richd. Caswell, Esqr., Governor & Commander in Chief of the said State, Richard Cogdell, John Flynn and Michael Gorman, and being sworn upon the Holy evangelists, Severally declared that the foregoing affidavits by them respectively made before Joseph Leech, Esqr., and Certified by him and Signed by the said Richd. Cogdell, John Flynn and Michael Gorman, are true, that is to say, each of the said Witnesses declare that the affidavit signed by himself is true.
At the Same Time Doctor Thomas Haslen and Mrs. Frances Batchelor appeared and Qualified as Executor & Executrix to the said Last Will & Testament by takeing the Usual Oath before me. Of the premisses the Secretary is required to take Notice and issue Letters Testamentary Accordingly.
RD. CASWELL.
Copied from Original Will filed in Office of the Secretary of State.
HENRY LAWRENCE BATE'S WILL. IN THE NAME OF GOD AMEN, the Twelf day of may, 1740. I, Henry Lawrence Bate, being very sick & weak in Body, but of Perfect mind & memory, Thanks be given Unto God, Therefore Calling Unto mind The mortality of my Body & Knowing That it is appointed for all men once to die, do make & Ordain This my Last will & Testament: That is to say,
| Principally & first of all, I give & recommend my soul Into The hands of God that gave it; and my Body I recommend to The Earth, to be buried In decent Christian Burial at the discretion of my Executors, Nothing doubting but at the generall resruection I shall receive the same again by the Mighty Powers of God; And as Touching such worldly Estate wherewith it hath Pleased God to bless me In this Life I Give demise & Dispose of the same In the following manner & form.
Imprimis. I Give & bequeath to my Loving son, Augustine Bate, my Lands & Plantation whereon I now Live To him & his heirs for ever.
2dly. I Give & bequeath to the Child my wife is Big with, One hundred Acres of land joyning to the Land I now Live on (the sd Land I hold By deed from Jonathan Taylors), to that & its heirs for Ever.
3dly. I Give & bequeath to My son, Augustine Bate, & the Child my wife is Big with, One Negro woman Named Janny & her Encreas, to be Equally Divided between them when they are at ye Age of twenty one years, To them & Their heirs for ever.
4thly. My will is that if Either of my Above mention children Should Die before they are of Age, the Other Shall have all I have given them.
5thly. I Give & Bequeath to my Loving Brother, Humphry Bate, one sorrold horse with a white blaze In his face, Called Spark, all my wearing apparil Except one hat at the hatters; one hackny saddle & Bridle, And one fifth Part of All my stock of Hogs which was Raised Last Winter, he Taking Care of the Stock till market presents.
6thly. I Give & bequeath to my Loving Sister, Ann Bate, one gold Ring of fifteen shils price Virginia Currency.
7thly. I Give and Bequeath to my Loving wife Martha Bate the Use of my Plantation I now Live on and One Negro woman Named Janney During her Natural Life.
8thly. I Give & bequeath to my Hond. mother, Sarah Sanders, the Use of one hundred Acres of Land I hold By deed from Jonathan Taylor, During her natural Life; & One hundred Pounds in Publick Bills to be raised out of my Personal Estate, to be paid her towards Building a house on ye sd. Land.
9thly. After all my just Debts & funerall Charges & Legacies are paid, I Give & bequeath the remaining Part of my Personal Estate to be Equally divided between my Loving Wife & Children.
Lastly, I Constitute & appoint my Loving wife Martha Bate my Executrix & my Loving Brother, Humphry Bate, & my Loving Brother in Law, Thomas Whitmell, Executors To this my Last Will & Testament & I doe hereby revoke & Disanull all former wills By made and acknowledge this to be my Last will & Testament.
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36- 37 In witness whereof I have hear Unto set my hand and seal the day & Year above written.
Enterlind before signd with the word, Die.
HENRY LAWRENCE BATE. (Seal)
Signs, Sealed & Delivered
In Presence of us:
WILL CATHCART,
HENRY HUNTER,
SARAH HUNTER.
Eden House, July 9, 1740.
Then proved before me.
GAB. JOHNSTON.
Copied from Original Will filed in the Office of the Secretary of State.
THOMAS BELL'S WILL. NORTH CAROLINA, SS.
IN THE NAME OF GOD, AMEN. I, Thomas Bell, of Albemarle County, Gentn., being of Sound and Perfect mind and memory, doe make, Ordaine, constitute and declare these presents to be and contain my last Will and Testiament, hereby revokeing & makeing Null and Void all former and other Wills by me heretofore made or declared.
Imprimis. I give devise and bequeath unto my Cousen, William Bell, and to his Heirs for ever, all my Tract of Land called Matthew's Point in Perquimains Precinct.
Item. I give devise and bequeath unto my Cousen, Thomas Bele, Son to my Brother, John Bele, and to his Heirs for ever Fifteen Acres of Land out of my Tract of Land joyning on Kendricks Creek, it being the Tract of Land on which I now live, and to be laid out according to the discretion of my Execut's hereafter named, so as to take in & include the Plantation that is cleared & the House now built at the Back Landing; Also Two hundred Acres of Land more to be laid out by my Executo's as aforesaid so as to joyne on the deep Runn & Swamp or division between my land and Mr. Cullen Pollocks & so as not to take in or include my Plantation that is Cleared at the deep Runn.
Item. I give devise and bequeath unto my Cousens, Ann & Jane, the Children of my Brother, John Bell, the Sum of Fifty Pounds (the currancy of this Country) to each, to be paid unto them Severaly as they shale arrive to full age or day of Marriage which shall first happen.
Item. It is my Will that my Execut5. hereafter named or the survivor of them doe see that out of the profitts annualy arriseing by my Estate, they doe maintain & Educate my
| Cousins, Thomas, and Anne, Children of my Brother, John, in as handsome and good a manner as may be.
Item. Is my Will that ale the residue of my Estate boath real & personal be and remain unto my Loveing Wife, Elizabeth, dureing her life, and after her dcease untio my Cosen, William Mackey, & his heirs for ever. Provided & be it hereby understood that if my Cousen, William Mackey, shall depart this life before my Wife; or dye without Heirs lawfully begotten by him, that then all my said Estate boath real & Personal be and remain (after the Decease of my Wife) unto my Cousen, Thomas Bell, the Son of my Brother, John Bell & his Heirs for ever.
Item. It is my Will that no Sale be made of any Slaves or Stock, but that my Estate be kept intire as it now is as near as possible dureing ye life of my Loving Wife, Elizabeth, excepting my Sloop which I leave to the discretion of my Executors hereafter named to employ or dispose of as they shall think most proper.
Lastly, I doe make Nominate & appoint my Loveing Wife, Elizabeth, and Loveing Cousen, William Mackey, to be Executrix & Executor of this my Will & Teastiament whome I desire to see all Parts of this my Will performed.
In Testimony whereof, I, the said Thomas Bell, have hereunto put my hand & Seale this Eleventh day of December, One thousand, Seven hundred & Thirty three.
THOS. BELL. (Seal.)
Signed, Sealed, Published & declared to be my last Will & Testiament (being Interlined, with ye words [after ye Decease of my Wife]) in Presence of us.
SAML. DURRANCE.
W. DOWNING,
HANAH
her H marke
GIRKIN.
CHOWAN, SC.
January Court, 1733.
The within Will of Thomas Bell was in Open Court proved by the Oath of William Downing, one of the Subscribing Evidences thereto.
Test. MOSELEY VAIL, Cler. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
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38- 39 WILLIAM BENBURY'S WILL. . SS.
IN THE NAME OF GOD AMEN. I, William Benbury, of ye prcinct. of Chowan, in ye Govermt. of No. Carolina, Planter, being Sick & weak in Body, but of Sound and perfect mind & memory (praised be God) Do make, ordaine, Constitute & Declare These presents to be & Containe my last will & Testamt., Hereby revokeing & annulling all former & Other wills or Testamt. by me heretofore made or Declared.
I will that all my just debts & funeral Expences be paid by my Executrix hereafter named.
I give & bequeith ye plantation whereon I now live, together with my other plantation whereon my Son In Law, James Watch, now liveth, unto my loving wife, Jane, for & During ye term of her Natural life; & after her Decease, I Give & devise ye plantation whereon I now live to my Son, William, & his heirs & Assigns for ever; & my other plantation whereon James Watch now liveth, after ye Decease of my sd. wife, I Give, devise & bequeith unto my Son, Jno., & his heirs & assigns for ever.
I Give & bequeith unto my loving wife, Jane afsd. ye Use, Occupation of all my personal Estate wtsoever, for & duering ye terme & time She Shall remaine Sole; And I hereby Authorise & Impower my Sd wife at any time During her life, or by her last will Testamt., to Give, Devise or bequeith all my personal Estate to Such of my Children now unmarried, & in Such parts & portions as She shall think fitt; but if it so happens that my Sd. wife, Shoud after my Decease marry, Then & In such Case I Give, devise & bequeith ye two thirds of my personal Estate to be Equally Devided att Such time of marrage, amonge my Children now unmarried, Vizt: William, John, Martha, and Hannah, & ye other third to my wife afsd., Except & always reserved to my Son, William, ye Mill now Standing in my house, & to my son, Jno., As much money as Shall purchas another, & lastly
Doe make, Constitute & appoint my loveing wife, Jane my whole & Sole Executrix of this my last will & Testamt.
In Testimony whereof, I, ye Said William Benbury, have hereunto put my hand & Seal, this thirteenth Day of July, Anno Dom., 1709.
WM. BENBURY.
W. B.
Signed Sealed, published And declared in presence of:
HENRY BONNER.
ANN MOSELY.
EDWD MOSELY.
Recorded in Will Book 2, p. 39, Office of Secretary of State.
| JOHN BENNET'S WILL. IN THE NAME OF GOD AMEN. I, Jno. Bennet, of Coratuck P'cinct, in ye Albemarle, In ye province of No Carolina, being of perfect mind & remembrance, praised be almighty God, Doe make this my last will & Testamt. In manner & forme following:
First, I freely Surrender my Soul unto almighty God who Gave itt unto me hopeing to receive free pardon & remission of all my Sins through ye Infte. mercy of my Infitly. Gracious Jehovah, in & through ye merits of my precious Redeemer; & for my body to be decently buried att ye Discretion of my Extrs. or Extx. hereafter nominated.
I Give & bequeith unto my son Joseph one half this tract of land I now live upon, being three hundred & Twenty four acres, with appartenances; also from ye break to ye back ridge, Except two acres for a Chappel upon ye Back Ridge joying to Jno. Robs Land.
I Give unto my Son, Benjamin, ye other moiety or half pt. of ye sd. Tract I now live upon with ye appartenances also & furthermore I freely fully & absolutely Give unto my sd. Sons, I manner & forme afsd. & to ye heirs of their Body lawfully begotten; & for want of such issue to revert, Decend & Come to my Bror Joseph Bennet & to ye heir of his body lawfully begotten; & for want of Such Isue to revert, Decend & Come to my Couzan, William Jones of—, In No Hampton Shire & to ye heirs of his body lawfully begotten; & for want of such Isue to remaine & be for ye use of poor old men or woamen that have been honest & laborious & so to Continue to ye worlds End, always provided & Excepted & So reprised that my lawfull & loving wife, mary, shall have hold possess & quietly Enjoy my plantation I now live upon with all Conveniences & appartinances thereunto belonging or in any wise appertaineing During her Natural life. & then to revert & be as Is limited & appointed afsd.
I Give & bequeith to my Son, benjamin, half that Tract I bought of Jonh Nicker joyning on ye line of ye afsd. Tract on ye South Side & on ye line of Edward Jones Senr. on ye North Side. I freely fully and Absolutely Give unto my sd. Son ye sd. half with ye appertenances & to ye heirs of his body lawfully begotten; & for want of Such Isue to revert decent & Come to my Son, Joseph, & ye heirs of his body lawfully begotten & for want of such Isue to revert, decend, & come to my Brother, Joseph Bennet, & to ye heirs of his body lawfully begotten; & for ye want of Such Isue to remaine & bee for ye use & bennefitt of poor Children To pay for their Schooling & to remaine unto ye worlds End.
Now for ye other moiety of half pt. on ye North Side adjoyning
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40- 41 to ye land of Edward Jones, Senr., I freely, fully & absolutely give unto my Son, Joseph, & to ye heirs of his body lawfully begotten, & for want of Such Isue to revert, decend & Come to my Son Benjamin & to ye heirs of his body lawfully begotten, & for want of Such Isue to be lett by ye Elders of ye Parrish to Dispose to Charitable uses & so to Continue to ye End of ye worlds End.
For my Island I Doe freely & absolutely Give unto my two Sons, Jos. & Benjamin, for ye breeding young Cattle & horses & to be undevided to them & their heirs lawfully begotten, & for want of such Isue to revert, decend & come to my Couzan Towers frith & to ye heirs of his Body lawfully begotten, & for want of such Isue to remaine & be for ye use & benefit of ye poore of ye No west River & so to Continue to ye worlds End.
Now for my Tract of land Lying on ye East Side Moyoke Creek, being three hundred & fifty acres my whole mind & will is that itt shall be Sould & ye money laid out to buy Servants by my Executris & my wife to have ye use & benefitt of themm During her Natural life, & then to be equally devided between my abovesd. two Sons, provided always, & my further will is, that if either of my two Joseph & Benjamin or ye heirs of either of them Doe attempt or Goe about to doe any act, or acts, thing or things to alien or discontinue ye lands, Tenements & hereditamts. or any pt. or parcel thereof, to them, either or any of them by me Given & bequeithed in manner & forme afsd. either by Testment, fine, recovery or otherwise by any ways or means so that ye same lands & every and parcel thereof, Can not, or my not, decend, Come, remaine, revert, & be in manner & forme before this my will limited, declared & appoint & according to ye true Intent & meaning of this my Gift, will and last Testamt. yt then Immediately & from thence froth ye Estate, Enterest & Title of him or them so attempting Doeing or Going about any Such act or acts, thing or things, as afsd., then Immediately & from thence forth ye Sames shall remaine & be to such person or persons as by this my last will is limited & appointed in manner & forme & upon ye like Condition or Conditions as though he or they so attempting or Going about any act or acts, thing or things, in forme afsd. near & Indeede any thing in this my p'sent last will afore mentioned or declared to ye Contrary notwithstanding * * * (Illegible). * * * (Illegible) Estate with in ye province of No Carolina my whole mind & will is that my Wife Shall have ye one half During her Natural life & then at her Decease, to Give itt to one of my Sons or both of them or to one Grandchilde of mine or to all of them or to Either during (?) one as afsd according to their Care of or Kindness to her. Now for ye other half of my afsd. Estate my whole & mind & will is that itt be equally devided between my above sd. two Sons, furthermore my whole
| mind & will is that my Wife shall have anything Except Cattle & hoggs of my Sons pts. paying them for what she shall Chuse for her use being Duely appraised, & my further will is that forty Shillings be taken of my whole Estate before any devesion be made to pay for ye Schooling of two poor Children for one whole year.
Now for my house & land & houshold Goods with all other Goods & Cattle arriving (?) to my wife by a legace of two hundred & fifty pounds Given unto her by her Grandfather Mr. Richard Nesent (?) of South pedeeton in Sumenersett Shire, with in ye realme of old England, my whole mind & will is that my wife shall have ye one Moiety or half pt. & ye other Moiety or half pt. to be equally Devided among all my Grand Children.
& what is my proper rite house, Cisterne, houshold Goods, & other things I Give to my afsd two Sons, Joseph & Benjamin, yt is to say that wch. was left in Burmodas att my first wifes Coming away to me Into Corowtuck: & my further mind will is that thay my adopted Son, Sampson Goldard, shall have land upon either of my Sons Tracts by me Given with in one Quarter of a mile of either of my sd Sons plantations During his Natural life; & one heifer wth. Calf & one sow with pigg, provided he live with my wife untill he be of ye age of one & Twenty & behave himself Dutifully towards her.
And I Doe make ordaine & appoint my wife, mary, my Sole Executrix of this my last will & Testamt. If She doe live to prove this my last will & Testamt. & it Please God to take her out of this Sublunary world before ye afsd probation then my whole mind & will is that my son Joseph shall be my Executor, & my Son Benjamin to succeed my Son Joseph in his Executorship if Death so Cause a necessity & I revoke & make void & null all other wills & Testamts.
In witness whereof I have hereunto Sett my Seal this Tenth of December, Anno, 1710.
JOHN BENNETT.
GEORGE THOMSON.
ANN THOMSON.
EDWARD E C COB.
EDWARD E S STAFFORD.
Recorded in Will Book 2, Page 49, Office of the Secretary of State.
RICHARD BLACKLEDGE'S WILL. IN THE NAME OF GOD AMEN. The 20 Day of February, in the yeare of Our Lord, one thousand Seven hundred & seventy Six, I, Richard Blackledge, Senr., of Craven County, in the provance of No. Carolina, being in Parfect Health, Sound mind
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42- 43 & memory, Do make and ordain this my last Willl and Testement in manner and form following:
Imprimis, I give unto my Loving wife, Ann Blackeldge, the use of the following Negroes Slaves, Viz.: Tanner Joe, and his wife Hannah, and her Son Nedd, negro woman Jean, and her Daughter Sebinah, and Boy Moses, & man Fryday, for and During the Term of her Natural Life, provided they are not Carryed out of the County (without Security given for thire Return, at the Decease of my said wife,) I also give unto my said wife, a negro Gairl Named Mille & her Increase for Ever, I allso give to my said wife the use of the Land Called Handcocks Plantation, with all the Land I Bought of Joseph Crispin, for and During her natural Life; & allso the Benefitt of one hundred and forty apple Trees to be laid of on the Back of the old Orchard on my manner Plantation, for the Term of Ten Yeares, after my Decease; I allso give unto my wife Sixty pounds, in money, to be laid out by my Executors for Building a house on the said Lands, and my will and Desire is, that a Sufficient Quantity, of Scantlery and Plank be furnished, for the said House, and other out houses Nessery, from my uper Saw mill, I allso give to her my said wife the Laboure of five (?) good negro men, for the Space of three months, Imediately after Crops laid by, to help Cleare ground on said Plantation.
Item. I give and Bequeath unto my Said Loving wife, Ann Blackledge, Six Cowes, & Calves, and fifteen head of Dry Cattel, the Choice of my Stock on my Manner Plantation (working oxen Excepted), and all my Stock of Sheep, Excepting Six yewes and Lambs, that I Reserve for Mr. Spyers Singleton; allso all my Stock of Hoggs in Fork of Nuce and Contenteny, one half of my Crop of Corn, pees, Flax, and Cotton, & Pertatoes, and all my Household Furniture one yoak of Oxen, a good Cart, and a Sufficient of Plantation Tools for the working her Plantation; allso my Riding Chaire, maire, womans Saddle, Two horses, the Choice of what I have, to her and her Heirs and assigns for Ever.
Item. I give and Bequeath unto my Son, Richard Blackledge, the Plantation where on I now Dwell, and all that part of Andrew Basse's Patent for foure hundred and fifty Acres Lying to the westward of the Allegator Branch and a line to be to be Drawn from the mouth of the said Branch, Lower Corner on the River side; allso, all that part of my Patent for Six hundred and forty Acres, Joining Brantons, Jones, and Phillipes, which lyeth to the westward of the head of Said Branch, & Joining last mentioned old Patents; and One half part of all my Lands and mills on Batchelders Creek, Subject to the Reservation hereafter made, to him and his Heirs and assigns for Ever.
Item. I give and Bequeath to my said son, Richard Blackledge,
| The One undivided half part of Two hundred and seventy five Acers Land on the north side of Nuce River at Pecosen Point, Taken up and Patented in the Joint names, of Chistopher Neale and Richard Blackledge; also the northern Quorter part of the Lott one hundred and Eight, with the Proper Front of the said part, Lying in the Town of New Bern; Allso one Lott of Land in the said Town, on Frunt Street, Number forty Six, to him my said Son Richard Blackledge and his heirs, and assigns for Ever; allso one sett of Smiths Tooles to be kept for the use of the mills at Batchelders Creek, and all my Library of Books, and my wearing apparel, and one peare of Gold Sleve Buttons that I ware, & my watch; I allso give & Bequeath to my Said son, Richard Blackledge, The uper half of Six hundred and Forty Acres of Land, being the uper Survay for that Quantity of Land on Mosleys Creek; allso Six hundred and forty Acres of Land Patented by John Fowler & Richard Blackledge Jur., & Son William Blackledge and Son Benjamin Blackledge Jur., now an Infant, Two hundred Acres of Land, Patented by mySelf Eleventh of March, 1775, Lying on the Eastermost Branch of Mosleys Creek, for the mutual use and benefitt, of a Reservoy of water, for all ye Lower Lands I hold on Said Creek: & this I strictly for-Bid and Disere may Never be Sold to any person Out of the Familey while theres one of the name that hold a foot of Low grounds on Mosleys Creek.
Item. I give and Bequeath to my Son, Thomas Blackledge, Blackledge, all that Tract of Land I Bought of William Farmer and wife, (Daughter of Caleb Mattcalf, Deceased), and One hundred Acres Land lying on the Beever Dam, Patented by Andrew Bass, Joining the above; and one half part of all my Lands, & mills on Batchelders Creek (Subject to the Reservation heare after made) to him his heirs and assigns for Ever. I give and bequeath to my said son Thomas, The Southermost Quorter part of Lott Number One hundred and Eight, in New Bern, with the Proper Front of Said part of Said Lott; allso one Lott in said Town, Number Foure Hundred and four; and the One half of my One third part of Fifty Acres of marsh Land on Trent River, Neare New Bern, Joining the Town Line; allso One Negro Man Named Quomino, and Foure Cowes and Calves, to him my Said Thomas, and his Heirs and assigns for Ever.
Item. I give and Bequeath unto my Son William Blackledge all That Tract of Land I Bought of Benjamin Keith, together with that part of Andrew Basse's Patent, for four hundred and fifty Acres of Land, which Lyes on the East Side of the Alligator Branch, and a line to Be Drawn on Run from the mouth of Said Branch to the Lower Corner of said Patent of Andrew Bass'es; Together with a Patent for Seventy Acres;
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44- 45 and one other Patent for Thirty Seven Acres on the Front of Keeths Place; and all the Lands I hold or own on The East side of the head of the allegater Branch, Joining caleb Wiggines, and John Phillips; allso one hundred and Eighty Acres of Land I Bought of Richard Gibbs; and one Other Tract of Land for one hundred & Eighty five Acres on the Egle Swamp Joining Phillips; & one Other Tract that Joins Bothe these Last Patents, in my own Name; allso One Tract Patented by me, for five hundred and fourteen Acres Opposite Coxes Ferry; allso Two Tracts of Land I Bought of John Browning; and one Tract of Land, of One hundred Acres that I Bought of Henry Darnall & wife, these three Last Tracts Lays in Contenteny Neck; allso half of all my Lands On Mosleys Creek, Excepting whats before given & allso Excepting one Tract for Six hundred and Forty Acres of Land that I Bought of Wm. Russell; this I Desire may be sold, by my Exec. (if Peter & David Golstrap Dont take itt as they & I Partly agreed, & youl find ye memorandon made in the Day Book); But the half of all ye other Lands, pine Trees that I have Reserved on Lands Sold by my Self, & Trees I Bought of Leve Trewhett, I give to my Son William his Heirs & assigns for Ever. I allso give and Bequeth to my said son William one half of a Front Lot in New Bern which I Own with Christopher Neale, whare the Slaughter house Stands; and one half of my One third part of fifty Acres of marsh Land on Trent, neere New Bern, Together with the Saw and Grist Mills, Erected on the Bever Dam near my Home plantation, with Two good yoak of Oxen, one peare of Timber wheels, Screw & Chane and Ox Cart, four Cowes and Calves and The following negroes: Sip's son George, Boy Jack, a Tanner by Trade, & Augustus Ceasar, negro wench Lucy and Daughters Dina and Temp, and thire futer Increse; which said Lands, Lotts, Slaves & thire Futer Incress To him my said son William, and his Heirs, and Assigns for Ever.
Item. I give and Bequeath unto my son, Benjamin Blackledge, The Lands and Plantation given to my Said wife her Life time; allso Two hundred Acres of Land on Stonington Creek in Dobbs & Craven County; allso that Tract of Land on the south Side of Nuce River known by the Name of Trewhetts old Place, with all the Lands Joining the Same and one half of all my Lands on mosleys Creek not heretofore given away, or Ordered to be Sold with the half of the pine Trees Reserved & Purchased, in order if it shold be agreeable to my Two Sons, William & Benjamin, that thay might Buld a saw & grist mill on Some Conveenant place on Said Creek; I allso give unto my said son Benjamin Blackledge, The following negroes, Dick, Fourtain, & Lidea, and half the negroes I willed to my wife Ann Blackledge her life Time, to be Delivered to
| my son Benjamin Imediatly after my Wifes Deceas, to him his Heirs and assigns for Ever; allso foure Cowes & Calves, and one Lott in The Town of New Bern, Number foure hundred and five to him his Heires and Assigns for Ever.
Item. I give and Bequeath to my Son in Law, Spires Singleton, to hold in Trust for any Children he may have by my Daughter Elizabeth, his wife, The One half of all my Lands at Mattemeskeet, Patented By Christopher Neal & Self, John Jones and Edward Spencer; allso one half of half of a Tract of Land Patented by mr Christr. Neal in Quanitty and Quallity, so as to give the Equil One half in Value; allso one half of my One third part in a Tract of Land Bought at mattemeskeet Betwen Cap Chrisr. Neale, Capr John Jones, and Self, all these Lands Lays at Mattameskeet; allso the following Slaves, one Indean or Mustee Garle Named Amelia, One negro man Named Cuff, one negro woman Floro, one negro Boy Frank, One Negro Gairl Violet, and there futer Increase, To them, there Hiers and assigns for Ever; Allso four Cawes & Calves, & six yewes and Lambs, I give and Bequeath my Said Son in Law, his heirs and assigns for Ever; I allso give my said Son in Law to hold in Trust as afore said, Eighty pounds to be laid Out as soon as it Can be raised by my Execr. to Buy for my Said Daughter Elizabeths Children one Young Breeding wench, for her & her Increase to be Divided Amongst my grand Children, if any, as follows, Viz.: I first Disere my Daughter, Elizebeth, now wife of Mr. Spires Singleton, may have the use & Benefitt of the Laboure of said negroes & Rents of said Lands, if any, for and During her natural Life; the Lands to go all to her oldest Son, if She hath any Lawfully begotten, if none, then to be Equilly Devided amongst all her Children; & ye negroes and there future Increase to be Equilly Devided amongst her Children, or the Survivers of them, there Heirs and assigns for Ever; I allso give my Daughter Elizebeth Ten pounds to Buy her a morning Ring, and a pair of Gold Buttons. The aforesaid Lands and negroes to be Devided amongst my Grand Children, if any, Imediately after the dcease of my said Daughter Elizebeth, & not before unless itts agreeable to her: And in Case She Dies with Out Leiving any Children or grand Children alive behind her, then I give the afoesd. Negroes & Land to Equilly Divided amongst my Other Children Or there Heirs or assigns for Ever.
Item. I give and Bequeath to my Said son in Law, Spires Singleton, the Half of one Lott of Land in the Town of New Bern that I Bought of Joseph Hall, Number four hundred and Six, to him, his Heres and Assigns for Ever.
Item. I give and Bequeath to my son in Law, Cap John Jones of Lower merian, in Penselvania, to hold in Trust for any Children he may have by my Daughter Ellenor, his wife,
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46- 47 The One half of all my Land that I hold at mattemeskeet, Patented By Capt Christor Neal, Self, John Jones, & Edward Spencer; allso One Lott of Land in New Bern, No. Two hundred and thirty Six; as allso One half of my one third part of a Tract of Land Bought by Chrisr Neale, Said John Jones, & my Self, according to Quanitty and Quallity, I Desere the said Lands my be Devided, the said John Jones & Spyres Singleton, to hold in trust for the Children of my Two said Daughters; I allso give into my Said son in Law John Jones, to hold in Trust for the Children he may have by my Daughter Ellener, now his wife, the following Slaves, Viz.: negro man Simon & his wife Hannah & her son Pollepus & gairl Rachel, Besides the Gairl Penney which She haith with her now, and thire futer Increas, to them thire Heirs & assigns for Ever; I allso Give & Bequeath, unto my Said Son in Law, John Jones, in Trust as afoesaid for the Children he may have by my said Daughter Ellenor, the Sum of Eighty pounds, to Layd Out by my Execr. as soon as it Can be Raised out of my Estate, to buy a young Breeding negro wench with, for her and her futer Increas to be Devided amongst my Grand Children that my Said Daughter Ellenor haith by the said John Jones, if any if Shes none by him, any Other Children She may Lawfully have by any Other Husband. First, I Desire my Daughter Ellener wife of the said John Jones, may have the use & Laber of the aforeSaid Slaves for and During her natural Life; allso the the Rents and Benefitts of Said Lands &c. Then I Desire the Lands & Lotts Given to Said John Jones in Trust as aforeSaid, may all of it go to the Oldest son My Said Daughter Ellener may have by Said John Jones, his Heres and Assigns for Ever, or if she Shold have non by him, & shold she have any other son Lawfully begotten or to be begotten, I give the said Lands & Lotts to him, his Heires & assigns. Secondly I Disere the negores & there future Increas, after my said Daughters Death, be Equilly Devided amongst her Children, or the Surver of them, that She may have by the Said John Jones, or any Other Husband, and there Heires and assigns for Ever. The Said Lands and negroes to be Imediately Divided after the Decase of my said Daughter, amoungst her Children & my Grandchildren, if She hath any Left alive, if not, then My will and Disere is that the aforesaid Lands & Negroes, may be Equilly Devided amongst the Rest of my Children or the Survivers of them, thire Heeres and assigns for Ever.
Item. I give and Bequeath to my Daughter, Ann Blackledge, The following negroes Viz.: negro man Called Miller George, Boy Daniel, & girle matha, & one negro wench to be Bought out of my Estate, thats young, & will Bread; allso, I give to my Said Daughter, Ann, the One half of the negroes
| willed to my wife, Ann, Dureing her Life time, to be Delivered to my Said Daughter, Ann, Imedially after my wifes Death, to her her Heeres and assigns; allso, One Tract of Land I hold on the Loosing Swamp, of three hundred Acers, and Two Other Tracts of Lands that I hold in Dobbs County, one Neare David Jarnigan Jur. on the No side of Nuce River, that I Bought of mr peter Knights, & One Other Tract of Land that Lays On the So. Side of nuce, Neare David Jarnegan, the younger, that Mr Andrew Bass gave me; I allso give Ten pounds a peace to my Daughters Elenor Jones, & my Daughter Ann, allso Ten pounds to my Loving wife Ann Blackledge, to Each of them to Buy a morning Rings & a pair of gold Buttons; the afore Said Lands & negroes I give to my Daughter Ann, here Heeres and assigns for Ever.
Item. I give and Bequeath to any Child, or Children that my wife may now be pregnant with, or that She may have Nine months, after my Decease; the following negroes Viz.: Monday a Cooper, Corneliah, & Bay Cane, & girl Tabitha, And one other young Breeding wench to be Bought Out of my Estate as soon as the money Can be Raised, with thire futer Increase to him, her or them, there Heers and assigns for Ever.
Item. I give and Bequeath to my son, Richard, the following negroes, Scipio, Tayler, Jack, Begg, Jem, wench Persillah and hir Daughter Silve; Two yoak of Oxen, Two peare of Timber wheels, one Ox Cart, half of all the Tooles Belonging to the mills & half the Stock of Cattel and Hoggs that Runs on Batchelders Creek & Jumping Run; & half the Boates Belonging to the said Mills on Batchelders Creek, or places adjacent: and my will and Desire is that Two yeares proffitt of the aforesaid mills, at Batchelders Creek and the negroes Given to my son Richard, allso with what I have and shall heare after give my son Thos. or so much of them as is sofeecent, Shall be Imployed, Imedially after my Decease, to the Bulding of a Saw & Grist mill, up Batchelders Creek, wheare I Cleare'd to make the Dam Last Summer, a littel Below the forks of said Creek or neare that place, whare my Execr. thinks itt Can be best & most Convently be Don; & when Said mills are Bult & Desire the Neat Proffs of all ye mills on Batchelders Creek with this to be Erected may be Equilly Devided betwen my Two Son Richard, and Thomas, & thire Heirs and assigns for Ever.
I give and Bequeath to my Son, Thomas, The Other half of my Stock of Cattel & Hoggs on Batchelders and Jumping Run with ye Boates and utensils at sd. mills, to him my Sd. Son, Thomas, His Heres and assigns for Ever, or the Survivers of them, the said Richard and Thos. thats In Case Either of them Shold Die with Out Coming to the age of Twenty one or Leaving Children alive behind them Lawfully begotten.
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48- 49 And my will and Desire is, that if Either of my said Sons shold Disagree in Continuing the said mills at work that they shall not have power to Convay to others, but that the Valuation there of shall be left to the Determenation of Two or more skilfull Honest men and Draw by Lots for the Chance of selling or Buying the said mills with all the Lands I hold on the said Creek & Jumping Run the shares of the Parties Contending and the Purchaser shall have Twelve months Credett free of Intrust.
Item. I give and Bequeath to my son, Thomas, the following negroes Besides the one heretofore given, Tony & his wife Combe, man Industry, & Boy Grigg, to him his Heers and assigns for Ever,
Item. I give to mrs. mary Neal, Ten pounds to Buy a morning Ring and a pair of Gold Buttons.
Item. I give to Miss Betsey Baker, Ten pounds to Buy her a Mourning Ring and a pair of gold Buttons.
Item. I give and Bequeath to my Honourd Feather, Benjamin Blackledge Senr., Ten pounds P Annum During his naturl Life, and the Labour of my negro man Ceazer.
Item. I hereby Impower my Executors or any Two of them to Sign Seale and Execute any Deed or Deeds of sale for Lands to be Sold in Vertue of this will, or heretofore Sold by me and Deeds not Executed or fulfiled or perform, any Contract or Covenant in as full a manner as I Cold, ware I in Being.
And to the End that my Heires, or Legatees may see how Earnestly I Recommend it to them to Shun Law Sutes, it is my will and Desire, & I hereby order that if any Misunderstanding, or Dispute shold arise conconing or Relating to this my will, that the Parties Contending Shall Imedially make Choise of Two or more Skillfull Honest men, whoes Determination shall be final, and if any Legatee or thire Hiers or assigns Shall Refuse to Comply with Such Settlement, I hereby Declare him her or them, to be for Ever Barred from the Injoyment of Such Contested Legacy or Intrust in Dispute.
Item. All the Rest of my Real Estate not hereby Devided I give to be Equilly Devided amongst my Children or the Survivers of them, According to Quanitty and Quallity in Such manner as my Exec. may think most Just & Equitable to them and thire Heirs and assigns for Ever; and all the Remaining part of my Personal Estate I Desire may be Sold Imideally after my Decease for Twelve months Credett with Intrust from the Day of sale and the money Ariseing thereby to pay of my Debts and Legacyes in this my will mentioned; allso all Debts Dew me to be Collected as soon as possible and the Residue to be Equally Devided amongst all my Children, or the Survivers of them, thire Heres or assigns for Ever.
Lastly I mominate, Constitute and Appoint my Freind
| Jacob Blount, Esquire, Christopher Neale, my Son Richard Blackledge Jur., and my Son in Law Spyers Singleton, to be Executors, to this my will, allso Guardians of all my Children, of whome I Request that my Children, be well Educated, thire Plantations well Rented, and negroes hired out to advantage.
In Witness whare of I, the said Richard Blackledge, have hereunto Sett my hand, to this my will Contained on Two Sheets of paper and affixt my Seal, the Day and year first above Written.
RICHD BLACKLEDGE (Seal)
Signed, Sealed, Published and Declared by the Testator as his Last will and Testament in the Presents of us who Signed Our Names as Evidences at the Request of the Testator, in his Presence and allso of Each Other.
J. G. BLOUNT.
HANRY CANNON.
READING BLOUNT.
STATE OF NORTH CAROLINA.
These are to Certify that on the fifteenth day of October, Anno Dom., 1777. Personally appeared Henry Cannon, one of the Subscribing Witnesses to the foregoing instrument of Writing, Before me, Richard Caswell Esquire, Governor & Commander in Chief of the said State, And being Solemnly Sworn upon the Holy Evangelists Declared that He saw Richard Blackledge, the Testator, Sign, Seal publish and declare the said foregoing instrument of Writing, Comprised in three Sheete of paper, to be and Contain his Last Will and Testament, that to the best of the said Witnesses knowledge and belief the Testator was at that Time of Sound and disposing Mind and Memory; And that he also Saw John Gray Blount & Reading Blount, the other Subscribing Witnesses Evidence the same with him in the presence of the Testator and of each other. At the same Time Jacob Blount, Christopher Neale, Richard Blackledge & Spyers Singleton, the Executors in the said Will named, Appeared before me and Qualified as such. Ordered that the Secretary have Notice of the premises and that Letters Testamentary issue accordingly.
RD. CASWELL.
Copied from Original Will filed in Office of Secretary of State.
BENJAMIN BLOUNT'S WILL. NORTH CAROLINA.
IN THE NAME OF GOD AMEN. The first Day of febuary, 1739, I, Benjamin Blount, Sen; of Terrill County and Province Aforesaid, Planter, being Very Sick and weak in Body But of perfect Mind and Memory, Thanks be Given unto God; Therefore calling to mind ye mortality of my Body And knowing that itt is appointed for all men once to die, do make and ordain
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50- 51 this my last will and Testament, that is to Say: Principally and first of all I Give and Recommend my Soul into ye Hands of God that Gave itt and my Body I recommend to ye Earth to be Buried in Christion Burial att ye Discretion of my Executors, nothing Doubting but att ye Generall Resurrection I Shall Receive ye Same aGain by ye mighty Power of God; and as touching Such worldly Estate Wherewith It hath pleased God to bless me in this life I Give Demise and dispose of ye Same in ye Following Manner and form:
I Desire that my Whole Stock of Cattle That is in my Proper mark may Be Equily Divided Between My Son, James and Jacob and Isaac and my Daughter Esther, and Each of Them one Bed and one Iron pot and Each of them one ew.
Item. I will that my Son, Edmund, and my Daughter, mary, and my Daughter, Sarah, may have five Shillings Each.
Item. I Give to my Sone, Benjamin, my manner Plantation.
Item. I will yt if any of my Children Dies without heirs Lawfully Begotten of them to fall then To ye youngest Son Either Land or Movables.
I will and bequeath to my beloved wife, Elisabeth, ye Remainder Part of my Estate Both of Goods and Chattles and Movables, Whome I likewise make my Executrix with my son, Benjamin, Executor, of This my Last will and Testament of all and Singular my Lands and tennem'ts, and I do hereby utterly Disalow and Revok all other former Testaments, Wills, Legaces and Excet (?) by me in any ways Before named willed and Bequeathed, Confirming this and no other to be my last Will and testament.
In witness whereof I have hereunto set my hand and Seal ye day and year above written.
BENJ. BLOUNT, (Seal)
Signd: Sealed Published and pronounced in presence of us:
ANN
her X mark
HOLLIS.
ZACARIAH
his X mark
GURKIN
June ye 1740.
Came before me Eliz. Blunt, Ex’x & Beiaman Blunt, Ex’r to Ben. Blunt, Decesed, being duly Sworn promis to fulfill Eavery part of the within will.
Sworn before me,
JAMES TURNBULL, J. P.
TYREL COUNTY SS. June Court, anno Dom, 1740. Present His majestys Justices:
These may Certifie that the within will was proved in open Court according to Due form of Law:
Test, THOS. LEARY, D Cl. Cur.
Recorded in Grant Book 4, Will No. 114, Office of Secretary of State.
| EDMUND BLOUNT'S WILL. IN YE NAME OF GOD AMEN, the 12th. Day of Febuary, In ye year of our Lord, 1754, I, Edmund Blount, of ye County of Tyrrell, Being very Sick and weak in Body but of perfect Mind and memory, thanks be given unto god for ye Same, and Calling to mind ye mortality of my body & Knowing that it is appointed for All men once to die, do make and ordain this my Last will and Testament, that is to Say principally and first of all I Give and Recommend my Soul into ye hands of god that gave it and My Body I Recommend it to ye Earth to be Buried in a Christian Like and Decent Manner at ye Descretion of my Executors Nothin Doubting But at ye General Resurrection I Shall Receive ye Same again by ye mighty power of god, and as touching Such worldly Estate wherewith it hath pleased god to Bless Me in this Life I give Devise and Dispose of the Same In ye following manner and form:
Imprimeses, I Give to my well Beloved Son, Edmund Blount, my manner plantation with all ye Land Belonging to it.
Item. I give and Bequeath to my well beloved wife, Elisabeth, one third part of all my movable Estate.
Item. I Desire that Each of my Children Excepting my Son, Edmund, may Have one Cow and Calf apeice, and ye Remainder part of my Estate I will that it Go to ye maintainence of my Children.
Item. and I do make ordain and appoint my wife, Elizabeth, Executrix, and Benjamin Blount Executor of this my last will and testament, and I do hereby utterly Disalow, revoke and Disanull all and Every other former testaments, wills and Legacies, Bequests and Executors by me in any ways Before this time named, willed, and Bequeathed, Ratifying and Confirming this and no other to be my last will and Testament.
In witness whereof I have hereunto Set my hand and Seal ye day and year above written.
EDMUND
his E mark
BLOUNT.
Signed, Sealed and Delivered by ye sd. Edmund Blount as his last Will and testament in ye presents of us ye Subscribers, Viz:
BENJAMIN BLOUNT.
JACOB BLOUNT.
NORTH CAROLINA, TYRELL COUNTY. SS.
June Court, 1754.
These may Certify that Jacob Blount, one of the Subscribing Evidences to the within will appeared in Open Court and made Oath on the Holy
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52- 53 Evangelists of Almighty God that he was present & Saw Edmund Blount, Deceased, Sign, Seal, publish, pronounce & Declare the within writing to be & Contain his Will and Testament, and that he was then and at that time of sound & Disposing Memory; & that he also Saw Benjamin, the other Subscribing Evidence, sign his name thereunto at the Same time. Then Also Appeared Elizabeth Blount, wife of the Deceased, and Quallified as Executrix by taking the Oath by Law Appointed for the Qualification of Executors. Ordered that the Honble. James Murray, Esqr., Secretary of this Province, have notice thereof that Letters Testamentory issue thereon as the Law Directs.
Test, EVAN JONES, Cler. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
ELIZABETH BLOUNT'S WILL. NORTH CAROLINA, SC
IN THE NAME OF GOD AMEN. I, Elizabeth Blount, of Chowan Precinct, Widow, do make & Declare these presents to be & Contain my last Will & Testament, hereby Revoking all former & other Wills by me hereafter made & Declared.
Imprs. I Give and bequeath unto my Son, John Blount, Ten shillings in Publick Bills of this Province.
Item. I Give unto my Son, Thomas Blount, Ten shillings in Publick Bills of this Province.
Item. I Give unto my Son, James Blount, the Negroe Woman named Cushaba and one third of the Cattle at Morattoke, the Bed I comonly ly on, a Rugg, Bolster & pair of sheets.
Item. I give unto my Daughter, Ann Worley, Thirty Pounds in Publick Bills of this Province.
Item. I Give unto my Son, Joseph Blount, my Negro man Nam'd Hector.
Item. I Give unto my Son, Charlesworth, my Negro man Nam'd Dick.
Item. I Give unto my Daughter, Rachell, my Negro Man Named ffrank, my Side Sadle & all my wearing Cloathes.
My Will & Desire is that my Land at Bare Swamp & the Land my husband puchased of Henry Haughton be Equally Divided between my two Sons, Joseph & Charlesworth, And that the Land at Barrows hole be sold by my Executors & the Doctor to be paid out of ye money Arising by the Sale thereof.
All the rest of my Estate I Give unto my two Sons, Joseph & Charlesworth, & my Daughter, Rachell, to be Equally Divided between them.
Lastly I hereby Constitute & Appoint Jno. Lovick, Esq., Samll. Pagett & Jonathan Jeacucks, Executors of this my Last Will & Testament.
| & in Testimony thereof, I have hereunto putt my hand & Seal this 8th ffebry, 1732.
the mark of
ELIZ. X BLOUNT. (Seal)
Sign'd, Seal'd Publish & Declar'd in presence of:
R HICKS.
the mark of
MARY X COLESON.
NORTH CAROLINA. SS.
This Day came before me Robert Hicks, and made Oath on the Holy Evangelists that he saw Mrs. Elizabeth Blount, lately deceased, Sign, Seal, publish and declare the within Writeing to be her last will and Testament the day therein mentioned, & that he, the said Robert Hicks, did Witness the same, and that he saw Mary Coleson the other Witness there-unto put her Mark as Witness also to the same. Given under my hand att Edenton the 12th. of March, Anno Domini, 1732-3.
GEO. BURRINGTON.
Copied from Original Will filed in the office of the Secretary of State.
JAMES BLOUNT'S WILL. IN YE NAME OF GOD AMEN. I James Blount, of Chowan precinct, in ye County of Albemarle, in ye Province of Carolina, Esqr., well knowing the uncertainty of this life, Do make, Ordain & appoint this to be my Last Will & Testament, hereby Revoking & Adnulling all former Wills by me Made, and this Only to be taken & reputed as my Last Will.
Imp. I Bequest my Soule to God who gave it; & my body to ye Earth to be Decently Interrd; & as for that Worldly Estate wch it hath pleased God to bestow upon me in this Life; My Just Debts, funeral Expenses & Legaties being first payd, i give & bequeath as followeth:
Item. I give unto my son, James Blounte, one Shilling in Countrey Commodities to be pd him by my Executrix hereafter named, w'thin one year after my Discease.
Item. I give unto my son, Thomas Blounte, & to my two Daughters, Ann Slocom & Eliz. Hawkins, Each of them twelve penc a peice in Country Comodities to be paid them within one year after my Dissease.
Item. I give & bequeath unto my Grand Children, James & Sarah Blounte, the Children of my Son Thomas Blount, & to Ann Slocum ye Child of my Daughter Ann Slocom, & to John Hawkins ye Son of my Daughter Eliz Hawkins, Each of them a Cow & Calfe to be paid to their several parents w'thin three years after my Discease in some sort of Stock to run for ye use and behoofe of ye Sd Children, till they Severally Com of age or by Mariage Capacitated to receive ye Same.
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54- 55 Item. I give & bequeath all ye Remainder part of my Effects Reale & personall whither it Consist in Lands, houses, negroes, Servants, Stock, household goods, or any other Kind of Specie w'tSoever, unto my Loving wife Ann Blounte for her to have, hold, Occupie & enjoy, During her Naturall Life w'thout Lett or Controule, and att her Death to Dispose out of ye Same to ye Value of Sixti pounds in Countrey Comodities to Whoever She Shall think fitt. And after her, my D Wifes Disease, I give ye whole remainder of my Estate to my Son, John Blount, and his heirs for ever; And I do hereby appoint and ordaine that my said son John Shall be Decently Maintained out of ye Estate During his Minority. And in Case my said Wife, Ann Should Live till after my Said Son John Should come of Age, then if he Should Happen to Marry, or to go to Live in some Other place from my Sd Wife, then Shee to pay him thirty or forty pounds wch Shee please, in Country Comodities.
Lastly, I appoint my Loving Wife, Ann Blounte, my whole & Sole Executrix of this my last Will & testament, Desiring her to be carefull in every Article & Clause thereof; & for Confirmation of ye Same I have hereunto sett my hand & Seale, this 9th day of July, In ye year of our Lord God, 1685.
March ye 10th &c. Before signing sealing or Publishing I do hereby Appoint yt, in Case My Son Jno Should Dye w'thout heirs Male, then I give & bequeath all my lands & houses to ye Heirs Male, of My son Thomas Blounte & so successively do Entaile the Same on their Heirs Male of my Son Thomas forEver; But in Case the heirs Male, of my Said Sons John & Thomas should both fayle, then I Intayle ye Same on ye heirs genall of my Son Jno. first, then of my Son Thomas, & if both Should fayl, then of the heirs of My Daughter Ann Slocum & Eliz Hawkins.
JAMES: BLOUNTE (Seale)
Signed, Sealed & Published as his Last Will & Testam't in presence of
her mark
JANE X MILLER
JNO BAILY
WILLIAM DOBSON
JNO WETTINHALL
This Will Proved by Jno Hall and Jane Miller on ye 17 Day of July, 1686, And by Will'm Dobson on the 11th of July, 1686, who upon their Oaths before me Duely administerd did Attest that they See ye Testator above named, James Blounte, Signe & Seale And heard him Declare the Above written to be his last Will and Testament.
SETH SOTHELL.
Recorded in Will Book No. 1 p. 120, Office of Secretary of State.
| JAMES BLUNT'S WILL. IN THE NAME OF GOD, AMEN. The twelf day of ffebuary, In the year of our Lord God, 1716. I, Jeamse Blunt, in the Prcinct Chowan, in Nor. Carolina, Being very Sick and weak of body but of perfect mind and Memory, Thanks be to God, Do make and Ordain this Last Will and Testament, In manner following, That is to say:
First and Chefest, I give my Sole To the hands of Allmighty God who Gave It me; and my body I Commend to the Earth to be Decently Buried in Christan Buriel, at the Discretion of my Executors, nothing doubting but at General Resurection I shall recave the Same again by the Mighty poure of God.
As Touching Worldly Estate wherewith It hath pleased God to bless me with, I give, Devise, Bequeath and Dispose of the same in manner and forme following:
I Leave to my Loving wife, Elizabeth Blunt, all my personal Estate During her Life, porvisardly that She, the Sd Elizabeth doth remain wedow, otherwaise, no longer then She the Sd Elizabeth Shall marry; at that time of her maredge to returne to my blovd Daughter, Anne, and her heairs for Ever.
I make my well beloved wife, Elizabeth Blunt, and my Daughter, Anne, full and whole Executrix, and after my Loving wife, Elizabeth, Desease, I give to my Loving Daughter, Elizabeth Yelverton, a yong mare; and to my Two grand Children James Yelverton and Jon (?) Yeltverton, to Each of them a Cow yearling after the Desease of my loving wife, Elizabeth Blunt; and
My Son, John Yelverton, I make over Seare of my Estate;
And to my Daughter, mary, five pounds, She or her heairs;
And to my Granddaughter, Sara Philips, Two Cows with ther Calvs, to be Left in the porseon of my Daughter, anne, till the Day of her maredge, the Sd. Sara Philips.
Give to my Son, John Blunt, a Shilling; and to my Son James Blunt, I give a Shilling; and to William Nea—(?), a cow yearling and Iron pott and Two puter Dishes.
And I Give and bequeath to my Daughter, Anne Blunt, the plantation that I now Live appone with Two hundred240 acers of Land, with all my Cows, Calves, Stars, Buls, Sheep, horses, mars, or Mills with all watter Crafts, with all housall gods, with all mannor of Implements whatsoever belongen unto me, rale or personal; and at the Day of my Daughter, anne, marredge, She may Seate (?) apon any part of the Sd. Land with out the least trouble of her, the aforsd Elizabeth Blunt, or any persone, or persons whatsoEver.
If It may please the allmighty God that I Desease att this presents, that I give to my Daughter, anne, the half of my
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56- 57 Lether that, I, the Sd James Blunt, have by me now this psents, to her and her disposal.
And I do utrly deny, disalow, revoke, annulle and Evry other formar Testament, wills and Legacies, bequests and Executors.
And I give and bequeath to my Son, John Yelverton, fifty Shillings, to be paid in Starling money England.
I utrly deny all maner wills, Testemt. as aforSd mad befor this time named, willed and bquathed, ratifying this and none other to be my last will and Testement.
In witness, I have heareto Sete my hand, Seale the of the Yeare above Written.
JAMES BLUNT (Seal)
Signed, Sealed, published and pronounced by the Said James Blunt, as his last will and Testement:
F. TURNER.
her
ANNE N DUGLES.
mark
JOHN YELVERTON.
March the 27th, 1717.
The within Will is provd. by the Oath of Jno. Yelverton in Open Court.
R. HICKS, CLK. Cur. Gen:
Copied from Original Will filed in the Office of the Secretary of State.
JOHN BLOUNT'S WILL. SC.
IN THE NAME OF GOD AMEN. I, John Blount, of Chowan precinct Esq., Do make and declare these presents to be and contain my last Will and Testament, hereby revoking all former and other Wills by me heretofore made or declared.
Imprimis, I Give, Devise and Bequeath unto my well beloved Wife, Elisabeth, all and Singular my Lands, Tenements and Hereditaments whatsoever within this Government for and during the Term of her Natural Life if she so long continues Sole.
Item. Whereas the Land I now dwell on containing Six hundred and forty acres, fronting on Albemarle Sound is Intailed Land, It is my Will and Desire that the one half thereof, or Such part thereof being the Westernmost part as in this my Will is hereafter described, shall be my Son, John, the Heir at Law, be vested in my Son, Thomas, and the Heirs of his Body Lawfully begotten, either by Act of Assembly or by
| some other Lawfull way or means, or that in Lieu thereof my Son John shall have such part of my back Lands as is hereafter described. But if some Expedient shall not be found out, by my Son, John, either by Act of Assembly, or otherwise, to vest the Westernmost part of the Land whereon I now dwell, to and for the Use of my Said Son, Thomas, and the Heirs of his Body lawfully begotten, then it is my Will that all my Said back Lands containing by Estimation Twelve hundred and Sixty Seven Acres, be the Same more or less, shall be and remain to my Said Son Thomas and the Heirs of his Body lawfully begotten; And in Case a Division of the Said intailed Lands can be Effected, then my Will is that my Eldest Son, John, and his Heirs lawfully begotten shall have the Easternmost part of all the Lands as well intailed as those I have taken up myself, and my Son, Thomas, and his heirs lawfully begotten to have the Westernmost part of the Said Land, all which Lands are to be divided after this Manner, Vizt: The Breadth of the Land belonging to the plantation whereon I now dwell on Chowan or Albemarle Sound, to be equally divided on the Front to the Water, and when the Middle is found, then to Set a Course which will take the Branch or Valley on the Back of my now dwelling House where is a Sort of a Spring of Water, and Mulbery Trees planted; and from thence down the Branch ’till it comes to a Bridge (which goes over the Swamp behind the House unto the neck called poplar Neck), which Bridge is now the Main Horse Road to Yawpim, and that Bridge to be the Division across the Swamp, So along the Swamp on the West Side of the Bridge ’till it comes to the Mouth of the Branch where there is a piece of Ground cleared, and a puncheon House built at the Head of the Branch, and that Branch to be the Division ’till it comes to the North west Corner of the Said cleared Ground; then Such a Course as will go to a Hickory, in both Patents called a Poplar, marked with this Mark *; and from that Tree the division to be according to the patents ’till it comes to the Northernmost End of the Beech Island Land, and so to divide each Ways according to, and agreeable with the Patents: But if my Son Thomas cannot by any lawfull wayes or means have the part of all the Lands allotted him according to the Division mentioned in this Paragraph, then my Will is as before Exprest, that all my back Lands, containing by Estimation Twelve Hundred and Sixty Seven Acres, be the Same more or less, shall go to my Said Son, Thomas, and the Heirs of his Body Lawfully begotten.
Item. My Lands lying on Welches Creek Vizt: Six hundred and forty Acres that I bought of Roger Snell, and One hundred & Ten acres adjoinging thereto surveyed for me by Mr. William Gray, I Give, devise and Bequeath unto my
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58- 59 Two Sons, James & Charles, to be Equally divided between them; my Son James to have the Lowermost half; and my Son Charles to have the uppermost half, To have & to hold the same unto the said James & Charles, and the heirs of their Respective Bodies Lawfully begotten, by Moieties in Severalty and not in Joint Tenancy.
Item. I Give, devise & Bequeath unto my Son, James, and his Heirs & Assigns, Two hundred forty five acres of Land, commonly called Ticers rich neck, lying on the back of Welches Creek land, he paying the Sum of Thirty pounds to my Son, Joseph, within One Year after my Son, Joseph, shall arrive to full Age, but if my Son, James, shall not think fit to accept of that Land on this Condition, then I Give the same unto my Son, Charles, and his heirs and Assignes, on the like Condition of his paying to my Son, Joseph, Thirty pounds within Eighteen months after my said Son, Charles, shall come to Age: But if neither my Said Sons, James and Charles, shall pay unto my Said Son, Joseph, the aforesd Thirty pounds as exprest in this Paragraph of my Will, then I Give, Devise and Bequeath the said Two hundred forty five Acres to my Said Son, Joseph, and his heirs and Assigns for ever.
Item. I Give, Devise & Bequeath unto my Son, Joseph, all my Lands at Matchapungo, known by the name of Goshen, where Thomas Davis lately dwelt, to him the said Joseph, and the heirs of his Body lawfully begotten.
Item. It is my Will, and I do hereby order the same, that in case either of my Sons John, Thomas, James, or Charles should dye without Lawfull Issue, the first of them so dying, his Lands in this Will given, shall go to my Son, Joseph, and to the Heirs of his Body lawfully begotten forever. And if any other of my Said Sons shall Dye without Issue after my Son Joseph shall be possest of any Lands by Virtue of this paragraph of my Will, then my Will is that the part of such so dying without Issue, shall go to the next heir at Law, and the heirs of his Body Lawfully begotten forever.
Item. I Give, Devise & Bequeath unto my Dearly beloved Wife, Elisabeth, all my Lands at Bear Swamp and at Barrow Hole & that piece of Land which I bought of Henry Haughton, to her, and her heirs & Assigns forever.
Item. I Give, Devise and Bequeath unto my Dearly beloved Wife, Elisabeth, the use and occupation of all and Singular my Personal Estate during the time she shall continue Sole, and at her Decease (if sole), to dispose thereof as she shall think fitting, to all, or any of my Children; But in case my said Wife shall Marry, then it is my Will that my Personal Estate shall be equally divided into Three parts, whereof my said Wife shall have one Third part, and the other Two third
| parts to be divided by my Said Wife among my Children, as she shall think most proper and convenient.
Item. I Bequeath unto each of my Daughters Vizt: Mary Jacocks, Elisa. Paget, Sarah Lovick, Martha Worsley, and Hester Worley, a Gold Ring.
And I do hereby make & Constitute my said Wife, Elisabeth, Executrix of this my Will, and also do request my respected friends John Lovick & Thomas Pollock Esqur., to be assistants to my said Will to see every Clause and article in this my Will performed.
Lastly, It is my Will that my Sons, John & Thomas, shall have Liberty to Build & Settle on each of their respective Tracts of Land when they shall come to Age or sooner with their mothers Consent, and that they may have Liberty to clear Ground, Fence & Tend it & make Pasture of the clear Ground where I dwell, without too much incommoding their Mother, to whose advice & direction I recommend them and all my Children.
In Testimony whereof I have hereunto Set my hand & Seal this twenty Seventh day of January Anno Dom. 1725-6.
JOHN BLOUNT (Seal)
Signed Sealed published and declared in presence of
SAMLL. WARNER.
WM. BENBURY.
his
MAGNES Z PLOWMAN.
mark
NO. CAROLINA SC.
Be it known to all Men by these presents, That whereas, I, John Blount, of Chowan precinct, Esq., have made and declared my last Will and Testament in Writing, bearing date this twenty Seventh Day of January Anno Dom: 1725-6, I, the Said John Blount, do by this present Codicil, confirm and Ratify my Said last Will and Testament, and in Consideration that my Daughters, Ann, and Rachel, are not mentioned in my Said Will, I do hereby desire that my Said Daughters should have a Gold Ring each, as in my Will is directed to be given to the Rest of their Sisters, and that they also shall receive of my Estate as their Mother shall see convenient.
And I also do request Christopher Gale, Esq., to be an Assistant, together with Jno. Lovick, and Thomas Pollock, Esq. mentioned in my Said Will to See every Clause and Article of my will performed. And my Will and meaning is that this Codicil be, and be adjudged to be, a part and parcel of my Said last Will and Testament, and that all things herein Contained be as truly performed as if the Same were so declared and Set down in my Said last Will and Testament.
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60- 61 In Testimony whereof I have hereunto Set my Hand and Seal, this twenty Seventh Day of January, Anno Dom. 1725-6.
JOHN BLOUNT (Seal)
(Coat of Arms on Seal)
Signed, Seald, published and declared, in presence of
SAMLL. WARNER.
WM. BENBURY.
his
MAGNES Z PLOWMAN.
mark
NO. CAROLINA SC. Sir Richard Everard, Barrt., Governor, Capt General, and Admiral.
These may Certify that Samuel Warner, Gent., personally appeared before me and made Oath on the holy Evangelist, that he Saw John Blount, Esq., Sign, Seal, publish and declare the within written to be his last Will and Testament, and that he was then of a Sound disposeing mind and Memory; and that he saw the other Evidences that have witnessed the Same, Sign their Names to it at the Same time; and further that he Saw the Sd John Blount, Sign & Seal the Codicil annexed to this Will, and that he was then of perfect mind & Memory, and Witnessed the Same together with the other Evidences thereto.
In Witness whereof I have hereunto Set my Hand, this 18th day of May 1726.
Letters Granted May ye 18th, 1726.
RICHD EVERARD.
Copied from Original Will filed in the Office of the Secretary of State.
JOHN BLOUNT'S WILL. NORTH CAROLINA.
IN THE NAME OF GOD AMEN. I, John Blount, of Chowan County, do make and declare These Presents to be and contain my Last Will and Testament, hereby revoking all former and other Wills by me heretofore made or declared.
Imprimis, I give, Devise and bequeath unto my beloved Wife, Sarah, the Use of the East part of the Land whereon I now Live, to begin on the Sound side, Twenty Feet to the Eastward of the North East Corner of the Barn; from thence such a Course as shall take one Third part of the Lands and Tract, during her Natural Life or Widow-hood, And I Likewise give to my Loving Wife the Use of Three Negroes, Vizt: Fortune, Gregory, and York, during life or widow-hood. I Likewise give to my Loving Wife the Use of all my House-hold Goods, Excepting my writing Desk, she paying to my Three Sons, James, Frederic, and Wilson, one Feather Bed and Furniture, To Each of them when they come to the Age of Twenty One Years. I Likewise give to my well beloved Wife the Use of one fourth part of all my Cattle, Hogs and Sheep, and my Riding Horse, called Trooper, and one young Horse, called Dart, one young grey mare about Three Years Old, during
| her Natural Life or Widow-hood, and after her Marriage or Decease to be Equally Divided amongst all my Children with the Increase thereof. I Likewise give to my beloved Wife the Use of Two Negroe Wenches, called Venus and Doll, reserving their Increase to be Equally Divided amongst all my Children, and at the Marriage or Decease of my said Wife, the Two aforesaid Negroes, Venus and Doll, to be given to my Children as my said Wife shall think proper.
Item. I give to my Loving wife, fifteen Barrels of Indian Corn.
Item. I give, devise and bequeath to my Son, James, my Plantation and Tract of Land whereon I now Live (he not barring his Mother of her Third Part during her Natural Life or Widow-hood), to him and his male heirs Lawfully begotten of his Body, for Ever, and in case of failure of such Heirs of my Son, James, then to my Son, Frederic, and heirs male, Lawfully begotten of his Body for Ever, and in case of failure of Male Heirs of my son, Erederic, then to my Son, Wilson, and his male Heirs, Lawfully begotten of his body for Ever.
Item. I give and bequeath to my Son, James, Three Negroes Viz: Sharper, Finn, and Tom, with all my Brewing Kettles, Tubbs and Fats, and all my brewing works, and my writing Desk, To him, his Heirs or Assigns.
Item. I give and bequeath to my Son, Frederic, Four Negroes, Viz: Potter, Frank, Charles, and Will, his Heirs or Assigns for Ever.
Item. I give and bequeath to my Son, Wilson, Three Negroes, Vizt: Boston, Jack, and Mustipher, and as my Sister in Law, Mrs. Mary Moor, desires to have the care of my Son, Wilson, my Will and desire is that she should have the Care of his Education and bringing up, and in case that she should Die and not provide sufficient for him, then to come under the Care of my Executors herein after mention.
Item. I give and bequeath To my Daughter, Elizabeth, one Negro wench, call'd Dinah, and her Increase.
Item. I give and bequeath to my Daughter, Martha, one Negroe wench, called Jane, and her Increase.
Item. I give and bequeath To my Daughter, Mary, one Negroe wench call'd Sarah, and her Increase.
My Will is that five or Six of the likelyest of my breeding Mares, that is now on my Plantation or that can be rais'd, should be kept for the use of my Children, and Likewise I would have all my other Stock of Cattle, Hogs and Sheep, to be kept on my Plantation To raise on, for the Use of my Children.
My desire is that my Chaise, Boat, Blacksmith's Tools, watch, and other Tools, or anything Else that is Likely to perish, should be sold at Public Vandue, Excepting Sufficient Tools for the Use of the Plantation.
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62- 63 Item. I give and bequeath To my Brother, Charles Blount, my best Broad Cloth Suit of Cloaths, my best Beaver Hatt & Wigg.
My will is that none of the Timber should be cut or Sold, Excepting for the Use of the Plantation, and that no Stranger shall be admitted to Live on any part of the back Land to Destroy the Timber, and that no Person shall on any Consideration whatsoever be admitted to Live on any part of my Land Excepting an Overseer, my Will is likewise that all my Negroes should be kept to work on my Plantation, and that no other Negroes shall be admitted to work on my Plantation, Excepting they are the property of my wife or Children. And my Will is that all the money that shall arise out of my Estate, after all Reasonable Expences is paid, should be Laid out to purchase Likely young Negroes, at the Discretion of my Executors hereafter mentioned, for the use and Benefit of my Children, and my will and Desire is that my Executors, hereafter mentioned, should take great Care to have my Children Educated and brought up in a Christian Like manner, and in case any one or more of the Children's Negroes should Die before they come into their Possession, then my desire is that they have others bought, of the same value as they would have been at the Devision, out of the remaining part of my Estate which is not perticularly before given, my Will and desire is, that when the Estate of my Children that is Liveing shall come to ye Age of Twenty one Years, that if any of my Children should have lost any of their Negroes, that they should be made up to them in full Value, then all the principall part of my Estate, with the Profits arising thereon, in the Hands of my Executors to be Equally Divided between my Children.
And Lastly, I do nominate, constitute, and appoint my trusty and Loving Brothers, Joseph and Charles Blount, and my Two Sons, James and Frederic Blount, after they come to the Age of Twenty one Years, my Executors, to see every clause and Article of this my last Will and Testament fulfill'd.
Dated the Eight Day of December 1753.
JOHN BLOUNT (Seal)
(Coat of Arms on Seal)
Signed, Sealed, Publish'd, and Declar'd in Presence of
J. HALSEY Jurat
JOHN BEASLEY
JNO SMITH
RICHARD DUNBAR
NORTH CAROLINA, CHOWAN COUNTY, SS: April County Court, 1754.
Present, His Majestys Justices.
These may Certify that John Halsey, Esqr, appeared in open Court & made oath on the Holy Evangelists of Almighty God, that he Saw John
| Blount, Esqr., Sign, Seal, Publish, and Declare the within to be & Contain his Last Will and Testament, and that he was then and at that time of sound & Disposing mind and memory, and that he also Saw John Smith, John Beasley, & Richard Dunbar, Sign their names thereto at the Same time.
Test: WILL HALSEY, Cler. Cur.
CHOWAN COUNTY, SS.
May the 9th: 1754.
Then Appeared before me Mr: Charles Blount, one of the Executors of the Last Will and Testament of John Blount, Esqr., deceased, and was duly Qualified as Executor thereto, by taking the Executors oath by Law appointed to be taken by Executors.
JAS: CRAVEN
Copied from Original Will filed in the office of the Secretary of State.
THOMAS BLOUNT'S WILL. NORTH CAROLINA.
IN YE NAME OF GOD AMEN. I, Thomas Blount, being in perfect health and sound Memory, Do make this my last will & testiment, thereby Revoke all former Wills & testements wtever in manr. & form following, viz:
Impr. I Do give & Bequeath my soul to God yt gave it, Hopeing throw yr mercy & Merett of our Ld. & Saviour Jesus Christ. to receive a full & Genl. pardon of all my Sins; and my body to ye earth, there to be Desently Intered, according to ye rits of ye Church of Engl., by my Execr. hereafter Named.
Item. Whereas, by a former Will I have given Half my moveable Estate, & two plantations, known by ye names of Midle plantation, & yt whereon I now live at ye mouth of Hendricks Creek, to my ever loving wife, Mary Blount, & her issue (provided it be to ye children Begotten of her body by me Thomas Blount), after her Death, I Do confirm and make good ye same unto her, by this my will, in man'r. as is above expresst.
Item. As to ye Part of my Estate, both real and personal, I give and bequeath as following: unto my son, James Blount, his Chare of two negroes out of ye other halfe of my sd Estate, and my shoope of smith tooles, with ye anvell, belows, & all other tooles thereunto belonging, wt. the Iron & Steel & filles, and half ye tract of land Called Cobbin Necke, yt is to say, ye Northerly part of ye plantation, to be included in ye part belonging to him & ye boye Bonner.
Item. I do give & bequeath all my whole stocke of Cattle, to be equally Devided between my children begotting of sd. Mary Blount, my daughter, Billah, who has maryed to kellem tyler, to be excepted out of this gift, she having received her portion allready.
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64- 65 Item. I give and bequeath to my daughter, Billah, aforesd. one silver spoon.
Item. As to ye rest of my Estate, tis my will & Desire yt it should be brought to an apprismt & out of it pay unto my three daughters, Sarah Peirce, Christian Ludford, & Ann Wilson, these sums hereafter named, yt is to say, unto my Sarah tenne pound Sterl. to be paid in Country Commodity; to my daughter, Christian, twenty Pounds Sterl. to be pd. as aforesd. & to my daughter, Ann, twenty Pounds Sterl. to be paid in like manner: and in case of the death of any of my aforesd daughters, ye same to be pd to either of their heirs: & to each of them one silver spoon: & further I Do give unto either of my two daughters last named, being, Christian, & Ann, too yews and a Ram, to each of them, and in case my sd Estate so appraised, after the things before giving away, do not amounted to ye sd sumes of money, by me giveing them, my said daughters, to be paid proportionable out of w't it is apraised to: but if it shall amount to more then it my further will & Desire yt my two sones, John and Thomas, shall have each of them a negro, & for want of negroes to have each of them five & twenty Pounds Sterl. apeace, to be pd in Country Comodity.
Item. I do give and bequeath ye other half or Moitye of ye tract of land, called Cobbin Necke, unto my son, John, and his heirs; & for want of heirs, it to come to my sone, James, & his heir; and if my son, James shall dye w'tout heirs, his part to com to my son John & his heirs.
Item. As to ye rest of my Estate, after my wife's half paid and Delivered her, and my Above Legacys being paid as herein expressed, I Doe give & bequeath unto my son, James Blount, & his heirs forever, whom I make my full and sole Executer of this my last will and Testiment, Declaring & Publishing this to be soe: as,
Witness my hand & seal, this third Day of September, in ye year of our Lord, Seventeen hundred & one, & in ye 13th. year of ye reign of our Soveraign L'd. William ye 3rd, King of England, &c.
THOMAS BLOUNT (Seal)
A Codicil to my Will: This is my further will & pleasure, yt ye legacys within my said Will giving & exprest, shall be pd. w'thin eighteen months after my decease. as, witness my hand & seal ye year and day abovesd.
THOMAS BLOUNT (Seal)
Signed & seald in presence of
WM WILKINSON.
JOHN BLOUNT.
THOMAS GREEN.
| March 28th 1706.
The within will was proved before me the Honble: Thos. Cary, Esqr., D: Gov:, by ye oathes of Tho: Green & John Blount, who upon their oathes Say that they did see ye within Tho: Blount, Sign, Seal, & acknowledge ye within written, to be his last Will & Testamt.
THOMAS CARY.
Copied from Original Will filed in the Office of the Secretary of State.
WILLIAM BLOUNT'S WILL. My Desire is that my True and Loving wife, Elizabeth Blount, may be In, and hold possession of my whole Estate dureing her natural Life, and To make what Improvements She Can for the good of my Children, and To observe alsoe my derections, as near as possible Can be Complyed with, in This my Last will and Tastament.
Item. I give and bequeath To my Eldest son, John Blount, the Eastermost part of halfe of the Land I now Live on, with part of my Beech Island Tract, and a tract Containing 403 acres, Lying Eastward from Sd. part of the Beech island Tract, and northward from a peece survaid by Thomas Luten, Junr. and bounds upon the percorsson.
Item. I give to my son, Thomas, the westermost part of the Land I now Live on, and the Remaining part of my Beech island tract, which is not given to my son John, The Devision to be made between them as follows: the Bredth of The Land upon the River to be Equally devided upon the Sound side, and when the middle is found upon the Sound, then to set a Corse which will Take the Branch or valley, on the Back of The houses I now Live, at where is a Sort of a Spring and mulberys planted; and from Thence down that branch tell It come To the Bridg which goes over the swamp on the Back side of the house, Into a neck which is Called popler neck, which Bridg is now the main horse Road to Yapim, the Brig to be the devision acrause the swamp; then the Swamp on the west Side of the Brig, Till It Come to the mouth of the Branch whereon is a peece of ground Cleared, and a Small punchin house built, at the head of the Branch; that Branch to be the devision Till It Come to the Cleared peece of Land; then from the northwest corner of which peece of Land Cleared, toward a Line drawn 110 E, or there abouts, as I suppose the Corse to Bear, to a popler marked In both pattents with this mark*; Then from that popler the devision to be acording To both patents, Till It Come to the northermost End of the Beech Island and soe to devide Each way as the Lines of Both pattents Runs. I alsoe desire that what orchards there is at my death upon the plantation they may
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66- 67 Both have Equal benefit, and be at Equal Charg. of fencing and manuring or pruning and If They, or Either of Them, Should Settle before there mothers death, To have Equal benefit with her of the orchards, or If they Should Live with her on the plantation after my decease They may have Liberty to Keep a stock * * * Each of their own Land, and Liberty To settle and Build, Clear, fence or Tend, or make pasture of part of the old field, not preiudging ther mother, on there own part, when they Come to the age of Eighteen years, and when they Come to that age to have foer Cows and Calves, six breeding Sows, three Ews, and a young mare, To be delivered To them on the plantation, and to Run for their use, with their Increas. And my desire is they may not hender Each other In any Common Conveniance, as a Tree for Timber when It groes Convenant, Either oak, siprous, or pine, or springs, or Cart Roads, Soe It be not two much to dammage.
I give To my son, James, all my Land upon welchs Creek, up moratock, that is To say, Six hundred and forty acres, bought of Roger Snell; Tow hundred and forty five, Called Ticers Rich Land; and one hundred and Ten acres Survaied by mr. wm. gray, down the Creek from that of Snells, as the severall pattents will Show, with halfe the stock of Cattle and hogs that shall be on the plantation at my death, and three Ews and a young mare, to be delivered on the plantation when Comes to the age of Eighteen years.
I alsoe give To my son, Joseph Blount, all my Land at machapungo, known by the name of goshan, where Thomas davis, Lives with all the stock that shall be upon It at my death & their increase.
Alsoe, I give my wife Liberty to settle a Tennant on some part of the Land Every where she hath any Stock, doeing as Little preiudice To the owner as may be, with Liberty of Clearing, fencing, or tending part of the Land (the plantation Excepted), and I alsoe desire my boys may all have there Liberty at the age of 18.
I alsoe give my Land at bear swamp To be Equally devided between my Son, John, and James, after there mothers death, and alsoe that I bought of Coll. maule, at barrows hole, known by the name of Tom williamses, unto my son, Thomas and Joseph to be Equally devided after there mothers death; with Liberty to them all In her Life time, to settle a stock and Tennant If they be minded, not preiudiceing there mothers If she should have any Stock or Tennant there after they Come to the age of 21 Years.
I give unto my foor daughters, Sarah, Easter, ann, and Rachel, Each of Them, at the age of Twenty years, or a twelve month after marrage, Twenty barrills of pork, to be paid them by my Executrix, or Fifty five each in Some Vendabl Speceie of the Country.
| I give To my daughter, mary Jacocs, and my daughter Elizabeth paget, and my daughter, martha west, to Each of them a gold Ring, of Twenty shillings pric, In bauston or Elsewhere to be got, to be paid them within a year after my decease.
And wt Remains of my Estate, I Leave the use of It to my wife E. B. dureing her Life, To bring up the Children upon, and maintain them with, and at her death To be disposed of at her discrestion to some or other of my Children or amongst them as she thinks best, Soe It be some of them, whome I make my Executrix.
Mrs. Blount Sole Ex. Thos. Pole, John Toons, Trustees, unles she Marries, then Joint Exrs.
Copied from Original filed in Office of the Secretary of State.
JOHN BOND'S WILL. NORTH CAROLINA, BEAUFD COUNTY.
IN THE NAME OF GOD AMEN. I, John Bond, of ye. County afforsd: This Eight Day of July, 1749, being Sick and weak in Body, But of perfect mind and memory, thanks be to god therefore, Calling unto mind the Mortality of my Body and Knowing that it is appointed for all men once to Die, I Doe therefor make and ordain this my Last will and Testament, that is to Say, Principally and first of all, I give and Recommend my Sole into ye hands of god that gave it, and as for my Body I Recommend it to ye Earth to be buried in a Christian Like and Desant manner, Nothing Doubting but at ye general Reserection I Shall Receive ye. Same again through ye. mighty power of god; and as to touching Such worldly good wherewith it hath pleased god to Bless me with in This Life, I give and Devise in manner and form as followeth: Viz,
Itam. I give to my Son, William Bond, all that part of a Tract of Land yt. he now Lives on, that is, all on the west Side of ye middel Swamp of ye head of ye Creek, to him & his Heirs for Ever.
Item. I give to my Son, John Bond, the Remainder part of ye. sd: Tract of Land, from the middel Swamp of ye sd. Creek on ye East Side, to him and his Heirs for Ever.
Itam. I give to my Son, James Bond, all that Tract or percel of Land Call'd huddies, Likewise Lying on ye: sd: Side of pamlico River; Likewise I give to my James Bond, all that Tract or percel of Land Call'd Roberts, Lying on ye: north Side of South Dividing Creeks, to him and his heirs for Ever.
Itam. I give to my Son, Robt. Bond, this Plantation that I Now Live on, and all the Land that belongs to ye: sd: Plantation on this side of ye: Creek up to ye: Second Large Branch
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68- 69 that Ruins out of ye: main Branch of ye: head of ye: Creek; and Likewise I give to my Son, Robert Bond, the one half of a Tract or percel of Land that I have on ye. South Dividing Creeks that Joyns to this sd: Plantation, and my Desire is the sd. Robt: Bond Shall have the one half of ye: sd: Land next to and Joyning to this sd: Land that I now Live on, ye. which Land after my Son, Robt. Shall Come to Thirty years of age, I to him and his heirs for Ever, and my will and Desire is that ye: sd: Robt: Bond Shall have ye: full use and profet of ye: sd: Land in ye: mean Time fully and absolutely in all Cases, Excepting making Sale of ye. sd: Land.
Itam. I give to my Son, Richard Bond, all the Land that now belongs to me over this Creek, which Land was formally Calld: Piners; and Likewise what Land Is on this side of ye. head of this sd: Creek that above ye. Second great Branch as mentioned before which was Robt. Bond Bounds; & Likewise I give to ye: sd: Richard Bond the other half of that Land below on ye: sd: Dividing Creeks Which Robt Bond had the one half of, ye: which sd: Land I give to ye: sd: Richard Bond and his heirs for Ever
Item. I Lend to my Loving wife, the use of this Plantation and house that I Now Live in and all the furinetur in or belonging to ye: sd: house During of her Life, & Likewise I Lend to my wife the use of Two negroes Viz: one negro man Call'd Shippy, and one negro woman Call'd Hannah, During of her Life.
Itam. I Land to my wife the use of Ten Cows and Calves, & forty head of Dry Cattel, and half ye: Sheep yt: I now have, Excepting three During of her Life.
Itam. I give to my Son, James Bond, two Negroes, Viz: one negro man Call:d Ned, and one Negro woman Call:d Sarah, to him and his heirs for Ever.
Itam. I give to my Son, Richard Bond, one Negro Boy, Call:d Littel Jack, to him and his heirs for Ever.
Itam. I give to my Son, Robt. Bond, one negro Boy, Call:d Sam, and one Negro garl Calld airly, to him and his heirs for Ever.
Itam. I give to my Daughter, Marey, one Negro Boy Calld Domina, to her and her heirs for Ever.
Itam. I give to my Cosen, martha Spring, one Negro man Calld Jack, to her and hir heirs for Ever.
Itam. I give to my son Robt Bond, Three Small putter Dishes & for puter Plates, two Deep ons & two Shallow. ones, puter pottel Bason, to him and his heirs for Ever.
Itam. My will and Desire is that all ye. Remainder of my Cattel, after my Death, Should be Eaquilley Divided betwen my Children, Viz: James, Richard, Robt. Sarah, & anna, & Marey, Excepting what I Shall hereafter mention.
| Itam. I give to my Cosen, martha Spring, Two Cowes and Calves, and Eight head of Dry Cattel, to be Delivered to her by my Exc: before there is any Division made, and Likewise I give to my Cosen, Martha Spring, one feather bed, & two Sheets, & two Blankets, & one puter Dish, & one puter pottel Bason, and one pint puter Bason, & one pint porringer & two puter plates.
Itam. I give to my Son, James Bond, one feather bed & two Sheets & two Blankets.
Itam. I give to my Son, Richard, one feather Bed & two Sheets & two Blankes.
Itam. I give to my Son, Robert, one feather Bed & two Sheets & two Blankes.
Itam. I give to my Daughter, anna, one feather Bed & two Sheets & two Blankes.
Itam. I give to my Daughter, marey, one feather Bed & two Sheets & two Blankes.
Itam. I give to my son, John Bond, one Chest and one Looking Glass.
Itam. I give to my Son, William Bond, my Desk & one puter Dish.
Itam. I give to my Son, Robt. my gun that I Commonly use.
Itam. I give to my Son, Richard, my Swoard.
Itam. I give to my Son, Richard Bond, one Black mare.
Itam. I give to my Son, Robt., one Black Colt and I Leave my Bay horse Calld Buet, for ye: use of the Sd: Plantation.
Itam. I give ye. use of my whipsaw Eaquilley between my Sons Wm., John, James, Richard, & Robt.
Itam. I give all my Carpentes Tools and Coopers Tools to be Eaquilley Divided between my sons, James & Richard.
Itam. I Leave my wife, ye use of all ye: hogs that I have to my wife During of her Life, & after her Death to be Eaquilly Seared amongst my Children, James, Richard, Robt:, & Sarah & anna & Marey.
And my will and Desire is that these two Negroes as I Leave ye: use of to my wife, Viz. Shippy and Hannah, Shall be Keep on this Plantation for the use of ye: Sd: Plantation till my Son Robt. Shall Come to ye age of Twenty one Years, and as much Longer as my wife Shall Live, and I Leave my Son, Robt., and what I have given him under the Ceare of his Brother, James, but then if there Shall be aney Complaint of misusage by him, Then I Impower any of his Brothers to take ye. Sd: Robt. and what belongs to him out of ye: sd: Jameses Ceare, and my will and Desire is that my Son Robt. Shall Come to ye age of twenty one years and my wifes Death, that then these two Negros afforsd: Shippy & Hannah Shall be Eaquilley Divided my Chilldren Viz: Wm:, John, James, Richard, Robt.,
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70- 71 Sarah, Anna, & Marey, and Likewise my Desire is yt. after my wifes Death, that What Cattel, Sheep and Household Goods, She has ye: use of, be Eaquilly Divided betwen James, Richard, Robt., & Marey and my Meaning is that my Daughters, Sarah & anna Shall have an Eaquill Shear of ye. sd: Cattel which my has ye: use of; and my will and meaning is that if Either of my Children that is now unmarried Should Die without an Heire, then my meaing is that what I have here given him or them in this will, Shall be Eaquilley Divided amongst the Surviours of my Children, Wm:, John, James, Richard, Robt., Sarah, anna, & Marey.
And I Doe hereby Constitute and appoint my Son, William Bond, and my Son, John Bond, and my Son, James Bond, Executors of this my Last will and Testament
his
JOHN X BOND (Seal)
mark
Signed, Sealed, and Published, In the Presents of us, Interlined before signed ye: word (or them) betwen ye 102 and 103 Line.
ABRAM PRITCHETT.
JOHN TURNER.
PHILIP PRITCHETT.
JOSHUA PRITCHETT.
BEAUFORT COUNTY, ss. Septr. Court, 1749. Present His Majesties Justices:
These are to Certify that the Last will and Testament of John Bond, late of the aforsd. County, decsed., was proved in open Court by the oath of Abm. Pritchett, one of the subscribing evidences, who Saw that the other Subscribing evidence witness the Same; whereupon Wm. Bond, John Bond, & James Bond, were herein named, Qualified according to Law. Ordered that the Secretary have notice thereof.
Test. JOSIAH PRATHEX. Clk.
Copied from Original Will, filed in the Office of the Secretary of State.
VINYARD BOND'S WILL. IN THE NAME OF GOD AMEN. I, Vinyard Bond, of Beaufort County, and Province of North Carolina, Being Very weak in Body but of Perfect mind and memory, and Calling to mind That it is appointed for all men once to Dye, Do make, ordain, Constitute and appoint This and no other to be my Last Will and Testament, in manner and form following, That is to say:
First, I give and Bequeath unto my Beloved Wife, Sarah Bond, the Plantation I now live on, and one other Plantation ajoyning to it on Core Point, with all my Houshold goods, furniture, Stock and Negroes, in order to support, Educate
| and maintain my son, Sweeting Bond, and my Daughter, Sarah Bond, untill my said son arives at the age of Twenty one years and then I Desire that all my furniture, Houshold goods and stock Remaining on the Said Plantation, be sold and the money arising from the sale thereof to be Equally Divided Between my said Wife, My said Son, and Daughter; But if it should happen that my said Son should Dye Before he arives to the age of Twenty one years, in such Case I Desire that the Sum of one Hundred Pounds Proclamation money to be Paid to my Wife out of the Estate that my said son Dyes Possest of, over and above what I have Already given her.
Item. I Desire that in Consideration of my giving to my said Wife, The Several Sums of money above mentioned, my Will and Desire is that the Estate of Mr. Southey Rew Deceased, When Settled and a Division Thereof made, whatever Part of that Estate that shall or may Come to my Said Wife, after my Decease, be Equally Divided Between my Said Wife and my Son and Daughter.
Item. I Desire that soon after my Decease, the goods then Remaining in my Store, Consisting of Lining and Stockings and all other goods whatsoever in the said store, may be sold and the money arising from the sales thereof, be applyed to the use of my said Wife and son and Daughter within mentioned, According to the Directions of my Executors herein after mentioned.
Item. I Desire that my Exors. herein after mentioned may Sell and Dispose of my Negro man Angus, and my Negro man Harrey, and the money arising from the sale thereof to be layd out to such Proper Uses as my Executors shall think Proper for the Support of my said Wife and Son and Daughter.
Item. I Desire that my Plantation on the north side of Trent River, Containing two hundred Acres; and Likewise my Plantation near Bath, on Town Creek, may be sold and the money arising therefrom the sale thereof, be let out on Interest for the use of my said Wife and son and Daughter, untill my son arives to the age of Twenty one years, and then to be Equally Divided Between my said Wife and Son and Daughter.
Item. I Desire that If my Son, Sweeting Bond, Should Dye Before he arives at the Age of Twenty one years, my will and Desire is that all the Household goods, furniture, and Stock, remaining on the Plantation at Coor Point at the Time of his Decease, may be sold and the Money Arising from the Sale thereof Be Equally Devided Between my said Wife, and my Daughter, Sarah Bond.
Item. I Desire that after my Decease, if it should Happen that my said Wife should marry and Dye without Issue, then and in such Case it is my will and Desire that the one half part of what I have given and mentioned to be given to my
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72- 73 Wife, shall be given to my said Son and Daughter, and Equally Devided Between them.
Item. I Desire that all my Just Debts shall be paid out of the Book Debts that are due and owing to me, and the over Plus, if any, to be Equally Devided Between my said Wife and Son and Daughter; and as to the Negroes Remaining of my Estate, to be sold with my Houshold goods and furniture as Before Mentioned, and the money arising from the Sale thereof to be Equally Divided Between my said Wife and Son and Daughter.
Item. My Will and Desire is that if my said Son, Sweeting Bond, and my said Daughter, Sarah Bond, should Dye before they come of age, then and in Such Case, my will and Desire is that my Sister, Susanah Kershaw, shall have out of the Portion I have Left my said son and Daughter, fifty Pound, Proclamation money, and the Remaining Part of their Estates to go to my Wife, Sarah Bond.
Item. I give and Bequeath to my there other Sisters, Sarah, Mary, and Margaret, Each of them, one Shilling, Sterling money, to them and their heirs forever.
And I further Nominate, Constitute and appoint my Beloved Wife, Sarah Bond, Executrix, and her Brother, John Carruthers, Executor of this my Last Will and Testament, Revoking all former Wills by me made.
In Witness whereof, I have hereunto Set my Hand and Seal, the Twenty fifth Day of March, in the year of our Lord, one Thousand, Seven Hundred and Sixty two.
VINYD. BOND (Seal)
Signed, Sealed, Published and Declared by the within named Vinyard Bond, to be his last Will and Testament, In the Presence of us who have hereunto Put our Names as Witnesses in the Presence of the Testator:
WILLM. PEYTON.
WILLM. TRIPPE.
HENRY LOCKEY.
THOMAS LEE.
NEWBERN, November, the 8th, 1762.
This day Personally appeared before me Thomas Lee, and made oath on the Holy Evangelists of Almighty God, that he Saw Vinyard Bond, the Testator, Sign, Seal, Publish and Declare the Above to be and Contain his Last will and Testament; and that to the best of his knowledge he then was of sound mind and Disposing memory; and that he also saw Wm. Peyton, William Trippe and Henry Lockey, sign as Concuring Evidences with him. At the same time John Carruthers, Executor therein named, qualified as such agreeable to Law.
Let Letters Issue thereon.
ARTHUR DOBBS.
Recorded in Will Book 8, page 263, Office of the Secretary of State.
| WILLIAM BOND'S WILL. NORTH CAROLINA, BUFORD COUNTY, SS.
IN THE NAME GOD AMEN. I, William Bond, of ye County aforsd, This six Day of Novmber, 1757, Being Sik and weak in Body, But of parfet mind and memory, thanks be to god for it, Thearfor Calling mind the Morttillity of my body and Knowing that it is Apinted for all men once to Die, I doe therefore make and ordain this my Last will and testament, that is to Say, Principly and first of all, I Give and Recomend my Soall into ye hand of God that give it; and as for my Body I Recomend it to the Earth to be Bueried in Chirstien Like and Disint mener; nothing Doubting but at ye Generall Reserection I Shall Recive ye same again through ye Mighty Pouer of God: and as touching such worly goods wharewith it hath Pleased God Besto me with in this Life, I give and Divise in this maner and forme as foloweth, Viz:
Itim. I give to my Son, John Bond, the Plantation whearone now I doe Live, and all ye Land blonging therto, Excepting fifty acors up ye werstermost Swamp; lik wise I give to my son, John Bond, half the old Box Neak, to him and his Hears for Ever, and one Negro Boy named Seasor, and one Negro grall named amey, to him and his Eirs for Ever, and it is my Disier that the first Child that ame has, that my Son, William Bond, shall have to him and his Eirs for Ever, and my Disier that my Son John Bond Shall have one par of Silver Shue Bockells and Silver Stock Clasps, and one Small gun, and one fether Bad and fornetud and one Dask Viz.
Itim. I Give and Bequeth to my Son, William Bond, one—of land, ware Samull Daves, Lives and fifty acors, ware Sarves Smith Did Live, and one Negro boy named Limes, and one par of Silver Shue Bockells, and par of Silver nea Bockells, and one Stock Buckell, and one fether bad and fornetud, to him and his Eirs for Ever.
Itam. I give to my Dafter, Rebaker, one Negro garll, named Rose, and one par of Silver Shue Bokels, and one fether Bad and furnetud, to her Ears for Ever.
Itam. I give to Kniga (?) Erkman, one Negro Boi, named Bristor, to him and his Eirs for Ever.
Itam. I give to William Smith, one Cow and Calf to him and his Eirs for Ever.
Item. I leave my two old Negros, Sip and Easter, to be Sold to pay my Lofell Debts, and the rest of my Movebll Estat to be Equilly to be Divided betwen my Son, John, and mary Erkman, and her Ears for Ever.
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74- 75 And I Do Apint James Bond, and Richard Bond, and Samuell Davis, Executors of this my Last Will and tastiment.
WILLAM BOND (Seal)
Sign, Sealled and Delivered, Published In the presents of us,
FRS. GILBURT.
FRANCES WARNER.
ANN MAYO.
BEAUFORT COUNTY, ss. Decr. Court, 1757. Present: his majesties Justices:
This certified that the within last will and testament of Wm. Bond, was exhibited into Court and proved by the Oath of Ann Mayo, one of the subscribing witnesses thereto, who swore that she saw the said William Bond, sign, seal & publish the same as his last will and testament, and that she also saw Fra. Gilbert and Francis Warner, the other subscribing witnesses set their hands thereto. And at the same time James Bond, one of the Executors thereto, qualified by taking the Oath by law appointed.
Ordered that the Secretary have notice that Letters Testamentary may issue.
Test. WALLEY CHAUNCEY, Cl. Clk.
Copied from Original Will filed in the Office of the Secretary of State.
HENRY BONNER'S WILL. IN THE NAME OF GOD AMEN. I, Henry Bonner, of Chowan precinct, in the province of north Carolina, planter, Calling to mind the uncertainty of this life, Do make and ordain this Insturment of Writing to be and purport my Last Will and testament, and as to what Estate it hath pleased God to bless me with here, I Give and bequeath in the manner and form following, to wit:
I Give and bequeath to my son, Henry Bonner, all that my plantation, tract, or seat of Land Lying in the precinct aforesaid, and whereon I now Live, with the Appurtenances, to him and his heirs forever. I give and bequeath all that my plantation, tract, or seat of Land Lying in Greenhall, in the precinct aforesaid, and the appurtenances, to my said son, Henry Bonner, and his heirs forever.
I give and bequeath to my son, Thomas Bonner, all these my three plantations, tracts, or seats of Land Lying in the precinct aforesaid, Comonly called and known by the names of Brin's, Holes's, and Jones's plantation, with their appurtenances, to him and his heirs forever.
I give and bequeath all that my plantation, tract, or seat of Land Lying in the precinct aforesaid, comonly Called by the name of Bayes's plantation, to my Grandson, Richard Lewis, and his heirs forever.
| I give and bequeath unto my said son, Henry Bonner, all the Stock of what nature or kind soever that is now on and belonging to the aforesaid plantation in Greenhall, and Six Negroe Slaves Called, to wit: Sam, James, Maria, priss, Kate and Bob, One new feather bed and furniture, one Oval table, one brass kettle, six new peuter dishes, four peuter basons, six peuter sup plates, six peuter flat plates.
I give unto my said son Thomas Bonner all and every of the stock that is now on, and belonging to the aforesaid two plantations Called Brin's and Holes's, and five Negroe slaves called, to wit: Cush, Suew, Cudjoe, Tomboy and Doll, One new feather bed and furniture, One Oval table, six new pewter dishes, four pewter basons, six sup plates, and Six flat plates, and One mare.
I give and bequeath to my Daughter, Elizabeth Lewis, One Negroe woman slave, Called Grace, One new feather bed and furniture.
I give and bequeath to my Grandson, Richard Lewis, a Negroe girl slave called, Nann.
I give and bequeath to my Daughter, Deborah Bonner, One new feather bed and furniture, and three Negroe slaves Called, Minge, Simon, and phebe.
I give and bequeath unto my Daughter, Mary Bonner, One new feather bed and furniture, and three Negroe slaves Called, Daniel, Dinah, and Jane.
I give and bequeath to my Grand daughter, Sarah Lewis, One Negroe Slave Called Joan.
I give and bequeath unto my Grand daughter, Deborah Lewis, one Negroe slave Called, Moll.
I give and bequeath all the rest and residue of my personal Estate unto my said Children, to wit: Henry, Thomas, Elizabeth, Deborah, and Mary, to be Equally divided amongst them.
And all the rest and residue of my real Estate, I Order and direct my Executor, hereafter mentioned, to dispose of, and the moneys arising therefrom to be Laid out for the Educating and maintaining my two Daughters, Deborah, and Mary, in their minority, and that they Live with my Daughter, Elizabeth, and that she have the Care and management of them.
And further it is my Will and pleasure, that my son, Henry, before the Negroes are Divided between him and his Brother Thomas, do make or Cause to be made upon One of the plantations herein bequeathed unto the said Thomas, which he, the said Thomas, shall direct sixty thousand bricks for building a house thereon.
It is my Will and pleasure that my said son, Thomas, do Live with my son Henry, during his minority, and I appoint my friend John Benbery to take care that the Estate herein
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76- 77 bequeathed to the said Thomas, be not in the mean time be embeziled or wasted.
And I do hereby nominate and appoint my said son, Henry Bonner, to be Executor of this my Last Will & testament, Revoking and annulling all former Wills by me heretofore made, and pronouncing, publishing and Declaring this to be my Last Will and testament.
In Testimony whereof I have hereunto set my hand and Seal, at Chowan precenct aforesaid, the twenty first day of September, 1738.
his
HENRY B BONNER. (Seal)
mark
Sealed, pronounced, published, and Declared in the presence of:
JOS. ANDERSON.
ABRAM. BLACKALL.
JAMES POTTER.
October ye 7th. 1738.
Came before me Dr. Abraham Blackhall, & James Potter, & made oath that they saw Coll: Henry Bonner, sign, seal & publish ye within as his last will & testament, that he was of sound & disposing mind & memory, & that Mr. Joseph Anderson subscribed as a witness thereto.
At the same time, Mr. Henry Bonner took ye oath appointed by law to be taken by executors.
W. SMITH, Clerk.
Copied from Original Will, filed in the Office of the Secretary of State.
JOHN BONNER'S WILL. IN THE NAME OF GOD AMEN. The Eleventh Day of November, and the year of our Lord God, One Thousand, Seven Hundred and fifty Three. I, John Bonner, of Chowan County, in the Province of North Carolina, Planter, being very Sick and weak in Body, but of perfect mind and Memory, Thanks be given unto God for it, Therefore calling unto Mind the Mortality of my Body, and knowing that it is appointed for all men once to Die, do make and Ordain this my last Will and Testament, That is to say, Principally and first of all, I give and recommend my Soul into the Hands of God that gave it; and my Body I I recomend to the Earth, to be buried in decent Christian Burial at the Discretion of my Executors, nothing doubting but at the general Resurrection I shall receive the same again by the mighty Power of God: and as touching such Worldly Estate wherewith it hath pleased God to bless me in this life, I give, demise and dispose of the same in the following manner and Form:
| Imprimis. I Give and bequeath unto my God Son, Thomas Ecleston, Two Negroe Boys, Jack, and Cato., Six Cows and Calves, & my Riding Horse, to be deliver'd him when he comes to Age, and if he should die without Heir Lawfully begotten of his Body, the same to return to my Brother, Thomas Bonner.
Item. I give and bequeath to my Cousin, William Howcott, one Negroe Boy Named, Bob. and if he should Die without Heir, the said Negroe Boy to be Divided between his Two Sisters, Elizabeth and Mary Howcott.
Item. I give and bequeath to my Cousin, Edward Howcott one Negroe Girl Named, Grace. and if he should Die without Heir, the said Girl, to be divided between the aforesaid Elizabeth and Mary Howcott.
Item. I Give and bequeath to my Sister, Sarah Howcott, One Gold Ring.
Item. I Give and bequeath to my Sister, Martha Howcott, One Gold Ring.
Item. I give and bequeath to my Brother, Thomas Bonner, my Plantations whereon I now Live, and all the Land that I have now in my Possession, Likewise all the Rest and Residue of my worldly Estate. (Except such as is herein before mentioned.)
I Likewise constitute and Appoint the aforesaid Thomas Bonner, my Sole Executor of this my Last Will and Testament; I Likewise leave John Benbury and Henry Bonner as Trustees to see that my Will is fulfilled according to my Desire. And I do hereby utterly disallow, revoke, disannul all and every other former Testaments, Wills, Legacies and Bequests, and Executors, by me in any ways before Named, Willed and bequeathed; ratifying and Confirming this and no other to be my last Will and Testament.
In Witness whereof I have hereunto set my Hand and Seal, the Day and Year above written.
JOHN BONNER. (Seal)
N B—The above word (my) was Interlined before the Signing & Sealing of this Will.
Signed, Sealed and Declared by the said John Bonner, as his last Will and Testament, in the Presence of us:
JEREH. MICHENER.
JNO SMITH X.
GEORGE LILES. Jurat
Thos. Bonner Qualified.
NORTH CAROLINA, CHOWAN COUNTY SS. January Court, 1754. Present His Majestys Justices:
These may Certify that George Liles, appeared in open Court and made oath that he Saw John Bonner, Sign, Seal, Publish and Declare the within
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78- 79 to be and Contain his Last Will & Testament, and that he was then and at that time of Sound & Disposing mind and memory, and that he also Saw John Smith, & Jeremiah Mitchener, Sign there names thereto at the same time. Then appeared Thomas Bonner, Exr. to the within Will and was duly Qualified by taking the oath by Law Appointed.
Ordered that the Secretary of sd. Province have notice that Letters testamentary issue thereon as the Law Directs.
Test. WILL HALSEY, Cler. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
THOMAS BONNER'S WILL. NORTH CAROLINA, BERTIE COUNTY, Nig'l.
IN THE NAME OF GOD AMEN. I, Thomas Bonner, of the County and provence aforesaid, being in my perfect Senses and Memory, I do to prevent disputes in my Family after my desese, do make this my Last Will and Testament in manner and form following: first and principally, I comend my soul to the hands of glmighty God that gave it; and my Body to be Buried in a Christian like maner.
Secondly, I give to my well beloved son, Thomas Boner, and his heirs, one hundred acres of Land, be the same more or less, Lying and being, bounded the rode by hog pen Branch and knee Branch.
3'ly. I Give to my well beloved Dafter, Esther More, two hundred ackers of Land, to her and hir heirs, bounded by the rode and hintons Line and Blithehenden Line.
4'ly, I give my Son, henry Bonner, the Sum of one Shiling, sterling Money of Grate Britain.
5'ly, I Give my Dafter, Elsebeth Wheeler, the sume of one Shiling, Starling Money of Great Britain.
6'ly. I Give my Dafter, anna Byrde, the sum of one Shiling, Starling money of Grate Britain.
7'ly. I Give my Dafter, Sarah wharton, the sum of one Shiling, Sterling money of Grate Britain.
8'ly, I Give my Dafter, patchnce Byrde, the Sume of one Shiling, Sterling Money of grate Britain.
9'ly, I Give to my son, Moses Boner, the sum of one Shiling, Starling money of grate Britain.
10'ly, I give to my well beloved Wife, Elsebath Bonner, all the Rest of my Estate, both Real and personal of all kinds whatsoever, to her disposal for Ever; I also appoint my said Wife whole and sole Ex'cutrix of this my Last will and testament.
In witness whereof, I have set my hand and Seal, this Eleventh
| day of november, in the Year of our Lord Christ, one thousand, Seven hundred and fifty five.
his
THOMAS X BONNER. (Seal)
Mark.
Sined, Seled and delivered in the presants of us:
his
MOSES M BONNER, Jurat.
Mark.
his
EDMON E BYRDE.
mark.
ARTHUR MOOR, Jurat.
ABRAHAM BLITEHENDEN.
BERTIE COUNTY, SS.
April Court, 1756.
The before Written will was Exhibited into Court and Proved by the Oaths of Moses Bonner and Arthur Moore, two of the Subscribing Witnesses thereto, which was ordered to be Certifyed.
Test. BENJN. WYNNS. Cler. Cur.
BERTIE COUNTY, SS.
This day Personally appeared before me Elizabeth Bonner, and was duly qualified as Executrix to the Last Will and Testament of Thomas Bonner, Decd.
Certifyed under my hand this 4th. Day of April, Anno Dom., 1757.
WM. WYNNS, P. J.
Copied from the Original Will, filed in the Office of the Secretary of State.
JAMES BOON'S WILL. IN THE NAME OF GOD AMEN. I, James Boone, of the precinct of Bertie, being Sick and weak of Body, but of Sound and perfect mind & memory (thanks be to God for the Same), calling to mind the frailty of my Body & the mortality of my Body, and that it is appointed for all men once to die, do make and ordain this to be my last will and Testament in Manner and form following, that is to say: first & principally, I recommend my Soul into the hand of almighty God who gave it, hoping through the merits, death & passion of my Saviour, Jesus Christ to have and receive full and free pardon & forgiveness of all my sins, and to Inherit Everlasting life; after death; my Body I commit to the Earth from whence it came to be Burryed in Dacent and Chritain like Manner at the Discretion of my Excrs. hereafter named; and as Touching the disposial of all Such Temporal Estate It hath pleased almighty God to bestow upon me (beyond my Diserts) in this Transitory life, it is my will that it shall be Disposed as followeth:
Imprs. First I will that my Debts and Funerall Charges Shall be paid & Discharged.
Secondly, I give and bequeath to my Son in Law, John Early, my Negro woman Called Rose, to be Delivered after
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80- 81 the Decease of my Loving wife Eliza. Boone, and fifty apple trees to be Delivered on Demand.
Thirdly, I Give and bequeath to my Son in Law, John Wynns, my Negro man called Charles, to be Delivered after my wifes Decease, and my Cross Cut saw and my writing Desk to be Delivered upon Demand, and half the benefit of my Apple Orchard (which I Leave under his care) untill his Son, George Augustus Wynns, come to full age, and also my Black Walnut Table to be Delivered after my wifes Decease, and 1000 foot of new plank to be Delivered Imediately.
Fourthly, I give and bequeath to my Son in Law, cullineur Sessums, My Negro man Adam, to be Delivered after my wifes decease.
Fifthly, I give, bequeath & Demise to my Grandson, George Augustus Wynns, My manner plantation whereon I now Live, and four hundred acres of Light woodLand adjoyning to it, in fee Simple to him, the said George Augustus, his heirs and (and) assigns for Ever. And in case he die without any heir, or assignee, Then it is my will that the Same fall to the next heir of My Daughter, Mary Wynns’ Body, to his, her, or their heirs or assigns for Ever, & in Case my sd Daughter, Mary Wynns, Die without such heir, Then it is my will that the same Decend to the heirs of My Daughter, Eliza: Early Body, Lawfully begotten & to his or her heirs or assigns for Ever.
Sixthly, I Give and bequeath to my sd. Grandson, George Augustus Wynns, my Baldfaced mare Branded W, and the Choise of all the Children my negro Girl Judey brings, after the first.
Seventhly, I give to my Grandson, James Early, my negro man Called Sam, to be Delivered after my wifs Decease.
Eightly, I Give to James Burk, my negro woman called Moll and her Son Coaffe, and all her futer Increase and 100 Publick Bills and £21 : 12s in Gold, and my great fether bed and its furniture, or his Choise of any of my beds w'ch shall be Imediately after my wifes Decease, and my Gray young mare wch came of my Bush Mare, and a Yearling filly, and a young Gray horse wch now runs in my Pasture, and my new riding Sadle and Bridle and my Buckineer gun and Cutlash, and my new Chest, and one Learge Iron pot and pot hooks, and my own Wareing apperill to be maid in to apperill for him, All wch I Leave in the care and trust of my Son in Law, John Wynns, with him as his Tutor and Guardian untill he arive at ye age of Eighteen years, and then the sd. Estate to be Delivered to him, but not to his own Disposial untill he arive at the age of Twenty one years, without the advice and Consent of him the sd. Wynns.
Ninthly, I give unto william Burk, my Negro Girl Judey
| and her increase (Except the Child before given to my Grandson, George Augustus Wynns) and £100: Publick Bills and £5: cash and £25 in Bills (for his Education), and one Sorriel Mare filly runing in my pasture, and a Large Gray mare Called the Bush Mare, and my Little Gun, and one Iron pott and pott hook, All which I Leave in the care & Trust of my Son in Law, John Wynns, (reserving the Service of Judey to my wife dureing her life) untill he arive at ye age of Eighteen years and then the sd. Estate to be Delivered by the sd. Wm., but not at his Dispossial without the advise and Concent of the sd. John Wynns (whom I appoint his Tutor and Guardian) untill he be at ye age of Twenty years. Reposing only the trust of his person to my wife while she Lives.
Tenthly, And in Case Either of the sd. Brothers, James or William Burke die under age, Then it is my will that half of the Deceased Estate be Delivered, when due, to the other brother, and the other half thereof to be Devided Equilly between the Children of my sons in Law, John Early and John Wynns.
Eleventhly, I give to John Asskew, two Cows and Calves, and fifty apple trees to be Delivered on Demand; & two Ews & a Ram to be Delivered next Spring; and £20 Currt. Bills on Demand.
Twelfthly, I give to my God Daughter, Martha Davis, one mare colt to be Delivered next Spring.
Thirteenthly, I give to my Loving Wife, Elizabeth Boone, my two horses Jock & Shavers, and my Large Sorrel Mare, and my new England Saddle, and Five pounds cash, and my great kill of lightwood: and all the remainder of my Light wood I give to her and our Son in Law, John Wynns.
Fourteenthly, It is my will that after my wifs Decease in whose hands I leave ye Remainder of my personal Estate what shall be remaining thereof shall be equilly Devided between the sd. John Wynns and John Early and James Burke.
Fifteenthly and Lastly, I Constitute, ordain and appoint my Loving wife, Elizabeth Boone, Executrix, and my Trusty and well beloved Sons in Law, John Wynns and John Early, Execrs. of this my last will and Testament, and I do hereby revoke, disanul and make void all former wills and Testaments by me heretofore made.
In Witness whereof, I, the said James Boone, have hereunto Set my hand and Seal, this Eighth day of June, annoq Domini, 1733.
his
JAMES B BOONE (his seal)
marke
Signed, Sealed, published and declared in the presence of us:
JOHN WILLSON.
THOMAS LEE.
his
JAMES J MARTIN.
mark
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82- 83 NORTH CAROLINA.
Before his Excelly. Gabriel Johnston, Esqr., his Majestys Govr. of the Province, and Ordinary of the Same: Personaly appeared Thos. Lee, who being duely Sworn, Sayeth that he was present and Saw the deceased James Boone, Sign, Seal, publish and Declare the within Instrument as his last will & Testament & that he was then of Sound & Disposing mind & Memory: And that he Saw John Willson and James Martin, the two other Subscribing Witnesses present & Sett their Names as Witness thereunto.
Likewise appeared John Wynns, one of the Execrs. appointed by the Above Last will & Testament, & took the Oath of Executor as required by Law.
Given at Edenton, under my hand the 31st of March, Anno Dom: 1735.
GAB. JOHNSTON.
Copied from Original Will, filed in the Office of the Secretary of State.
RALPH BOOZMAN'S WILL. IN THE NAME OF GOD AMEN. The fift Day of January, In the Year of Our Lord, 1744-5: I, Ralph Boozman, in the County of Perqs., Husband Man, being In good Health and of Perfect Mind and Memory, Thanks be given unto God therefore, calling to mind the mortality of my Body & Knowing that it is Appointed for all men to Dye, do make & Ordain this my Last Will and Testiment: that is to Say, principally, and first of all, I give & Recommend my Soul Into the Hands of God yt gave it; And for my Body I Recommend it to ye: Earth, to be Buried In a Christien like & Decent Manner, at the Discretion of my Exs. And as Touching Such Worldly Estate wherewith it hath pleased God to Bless me with in this Life, I Give, Devise, & Dispose of the Same In the following manner and firm:
Imprimis. It is my Will & I do Order, That in the first place, all my Just Debts and Funeral Charges be paid & Satisfied.
Item. I Give and Bequeath unto my Dearly beloved Sister, Mary Bullock, all & Singular the Lands, Messuagis and Tenements, to her, and after her Decease, to the Children of Joseph Bullock, and Thomas Bullock, (That is to Say) the Heirs of the sd: Joseph Bullock & Thomas Bullock, Whom I Likewise Constitute, make and Ordain my Sole Exs. of this my Last will & Testiment.
Item. I Give & Bequeath unto Sarah the Daughter of my Sister, Mary Bullock, five pounds, Current money of this Province, & a Cow & Calf.
Item. I Give & Bequeath unto my Beloved Sister, Mary Bullock, all my Household Goods and Moveables, and after her Decease to the Children of Joseph Bullock & Thomas Bullock as aforesd: And I do hereby Utterly Disallow, Revoke,
| and Disannual all and Every Other former Testaments, Wills, Legacies, Deed or Deeds of Gifts, and Exs: by me In any Ways before this Time Named, Willed and Bequeathed. Ratifying, and Confirming this and No Other, to be my Last Will and Testiment.
In witness whereof, I Have hereunto Set my Hand and fixt my Seal the Day and Year above Written.
the mark of RALPH R BOOZMAN. (Seal)
Signed, Sealed, Published, Pronounced, and Declared by the Said Ralph Boozman as his Last Will and Testiment, In the presence of us the Subscribers. Vizt:
JOSHUA HOBART. (Seal)
Jurt. JAMES SITTESON, Junr. (Seal)
her
Jurt. HANNAH H SITTESON. (Seal)
mark
NORTH CAROLINA, PERQUIMANS COUNTY. ss. January Court, anno Dom, 1750. Present His Majestys Justices:
Then was the within will proved in Open Court by the Oaths of James Sitterson, and Hannah Sitterson, in due form of law and at the Same time Thomas Bullock, Executor to the Within will, was duly Qualified by taking the affirmation by law appointed to be taken by Executors.
Ordered that the Secretary or his Deputy of said province have Notice that Letters Testamentory issue thereon as the law Directs.
Test. EDMUND HATCH, Cler. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
WILLIAM BOYCE'S WILL. IN THE NAME OF GOD AMEN. The Eleventh day of June, Seventeen hundred and three. I William Boyce, Merch't. of Pequimins, in the County of Albemarle, in the Proprietorshipp of North Carolina, being Sick and weake in body but of Sound and Perfect memory, (praise be given to God for the Same), and knowing the Uncertainty this life on earth, and being desireus to Settle things in order, doe make this, my last will & Testam't, in Manner and forme following, That is to Say: First and Principally I Commend my Soul to Almighty God my Creator, assuredly believing that I shall receive full pardon and free remission of my Sins, and be Saved by the presious death and meritts of my blessed Saviour & Redeemer Christ Jesus; and my body to the earth from whece it was taken, to be buryed in such decent christian manner as to my Executrix hereafter named Shall be thought meet & convenient;
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84- 85 & As touching such worldly estate as the Lord in mercy hath lent me, my will & meaning is, the Same shall be Imployed and bestowed as hereafter by this my will is Expressed. And first I doe revoke, renounce, frustrate and make void all wills by me formerly made, and declare and appoint this, my last will & testam't. And first, I will that all those debts and dutyes as I owe, in right or Conscience, to any manner of Person or Persons whatsoever, shall be well and truely Contented and payd, within Convenient time after my decease, by my Executrix hereafter named.
Item. I give and bequeath unto my Mother, Mary, of Yarmouth in the County of Norfolk, in England, the Summe of fifteen Pounds, Sterling, to be remitted to her by bills of Exchange.
Item. I give and bequeath unto my Brother, Robert, of the towne and County Last Named, the Summe of Twenty Shillings, Sterling, to be payd & remitted as aforesd.
Item. I give and bequeath unto Mrs Juliana Lakers the Sume of five pounds currt. money of Carolina, to be payd in Convenient time after my decease.
Item. I give and bequeath unto Mr Robert Bradley, of Prince Georges County, Maryland, the Summ of five pounds Currt. money of the Said place.
Item. my will & pleasure is y't my Executrix, hereafter Named, doe Send & buy or cause to be purchased, bought & delivered, Eight Gold Burial Rings, which shall cost four & twenty Shillings Each, which are to be given & Distributed in manner & forme following, (to witt), To Mrs Juliana Lakers, my Executrix hereafter named; Coll Wm. Wilkison; his wife; James Stodart in Prince Georges County in Maryland; his wife; Mr John Cobb; & Peter Godfrey.
And Lastly, I give & bequeath unto Mrs. Joanna Taylor, all the rest & residue & remainder of all my Goods & Chattles, wheresoever or howsoever legally belonging or Due unto me, and Doe hereby make, Constitute & ordaine the Sd Joanna Tayler, my only & Sole Executrix of this my last will & testmt., to see the same performed according to the true intent & meaning thereof.
In Witness whereof, I have hereunto Sett my hand & Seale, the day & year above written.
WIL BOYCE (Sigill)
Sealed & Delivered in presence of:
his
DAVID X HARRIS.
marke
her
ELIZ. ELIZ STUART.
marke
J. GODFREY.
| NORTH CAROLINA W—By the Hon'ble Deputy Govern'r Et. (Sigill)
Whereas good & lawfull proofs have been made, that the above written is the last Will & Testmt. of Mr. William Boyce Deced. A true Coppy whereof is hereunto annexed, & hath therein appointed & made Mrs Joanna Tayler Executrix of the Same.
These are to Impower the Sd Joanna Tayler, in & upon all & Singular the Goods & Chattells Rights & Creditts of the Sd William Boyce, to Enter wheresoever in this Governm't to be found, and the Same into her possession to take, and a true Inventory thereof to return into the Secretaryes office within one year after the Date hereof, & the Same to Dispose of, as by the Sd Will is appointed.
Given under my hand & Seale the First day of December, Anno Dm. 1703.
ROBT. DANIELL.
Recorded in Will Book 1A, pages 26 & 19, Office of the Secretary of State.
THOMAS BOYD'S WILL. NO. CAROLINA, SS.
I, Thomas Boyd, of Bath County, in No. Carolina, remembering the uncertainty of this frail & Transitory Life, And the Necessity that all human Flesh are under of departing this Life, Do make, publish and ordain this, my last Will and Testament, hereby revoking and annulling all other Wills or Testaments or either of them heretofore by me made, either by Word or writing. First & Principally I recommend my Soul to Almighty God, assuredly expecting Forgiveness and Redemption from all my Sinns thro’ the precious Blood of my blessed Saviour Jesus Christ: And as to what wordly Estate the Lord heth bestowed upon Me, I give and dispose of in manner following:
Imprimis, I give and bequeath unto my Wife, Katharine Boyd, my best Bed and all it's Furniture, Six Cows and Calves, four Sows and piggs, three two Year old Stears, my greatest Iron pott and Hooks, my Greatest Brass Kettle, one frying pan, Six Soop plates, Six other new plates, Two of my best pewter Dishes, Six black Chairs, my best Table, my best Chest, and the Chest of Drawers, I say to her and her assigns for Ever.
Item. I give unto my Said Wife, Katharine, the profits and occupation of my plantation at Broad Creek, where I now dwell, during her Widowhood (without Suffering or making any waste thereon), in full of Her Dower and demand on all or any of my Land; But if she shall marry my Will and Desire is that she have only one third of my Lands during her Life and no more.
Item. I give unto my Said Wife, the Labour and Service of my two Slaves, Betty which I bought of Mr. Tho. Martyn, and Transway which I bought of Mr. James Robins, upon the
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86- 87 plantation afsd. during her Widowhood. PROVIDED, my Wife do first give good Security to the Court that the Same two Slaves, Betty and Transway shall be delivered to my aforesaid Son, John Boyd, or his Order (Mortality in the said Slaves excepted) when she shall marry or dye, whichsoever shall first happen.
Item. I give and bequeath unto my Kind Friend Coll. Edward Moseley, of Albermarle County, five pounds to buy him a Ring.
Item. I give unto my loving Friend, Mr. Robt. Turner, of Bath County, five pounds, to buy him a mourning Ring.
Item. I give and bequeath unto my loving friend, Capt. Simon Aldersoan, of Bath County, my Smallest Case of Bottles, my writing Desk or Buroe, and five pounds to buy him a mourning Ring.
Item. I give devise and bequeath unto my dutyfull and well beloved Son, John Boyd, my largest Case of Bottles, and all other my personal and real Estate of what Kind or Nature soever or wheresoever to be found or Had. And it is my Earnest Desire and Will that all the Cattle and Hogs which shall belong to my aforesaid Son be put on some Land belonging to my Said Son at the Descretion of my Exec., there to breed for his only advantage and profit, And that all the Moneys arising from the Sale at Vendue of all the personal Estate which shall belong to my Son (except the Case of Bottles aforesaid and his Slaves) after all my just Debts are paid, and Legacies Satisfied, be applyed to buy Slaves for my Said Son; And that the Slaves so bought together with all those Slaves I leave him be constantly kept at Work on Lightwood on my Sons Land, thereby to raise money to buy more Slaves, with what convenient Speed my Exec. can, and to educate and School my Said Son.
Lastly I do hereby nominate and appoint my trusty and loving friends Coll. Edward Moseley, & Capt. Simon Alderson, my whole and Sole Exec. of this my last Will to see the Same performed.
In Witness whereof I have hereunto Set my Hand and Seal, this 17th. Day of December., Anno Dom., 1725.
THOMAS BOYD* (Seal).
NORTH CAROLINA, BEAUFORT C. Hyde P.cinct ss. April Court 1726.
Present James Leigh, Samll. Slade, Joshua porter & Jno. Martyn, Esqr, justices of ye. Said Court:
The last Will and Testament of Thomas Boyd, Gent., deceed, bearing Date ye. 17th of Decembr., 1725, was exhibited in open Court by Simon Alderson, one of the Exec. thereof, and the Same being in his own Hand Writing without any Subscription of Witnesses, was proved by parity of Handwriting it being compared with other writings of his, and Some of the Justices members of this Court being well acquainted with the Said Boyd's
| Handwriting are of the Opinion it is the Said Thomas Boyd's Handwriting. Likewise Capt. Jno. Tripp & Giles Shute Esqr. being Summoned and Sworn deposed that they were well acquainted with the Said Boyd's Handwriting, And that they verily believed the Said Will to be his the Said Thomas Boyd's own Handwriting, Moreover as a further adminicular proof Samuel Poyner, being Summoned and Sworn declared that Thom. Boyd, afsd., Came to Him on Friday, about one by the Clock, being the 17th. of Decembr. last past, and told him that that Night he would go in and make his Will And his shewing great apprehensions of Dying in a little Time made the said Poyner Conceive he was in Liquor tho. from no other Reason he Saith he conceived it. Likewise, Mary Christmass, being Summoned and Sworn declared that on the Said 17th. of Decembr., in the Evening the Said Boyd came to her Husband's House and enquired for Her Husband, And the next Day came to the Said House three times and was desirous of her Husband's being Evidence to a Will which he said he had made, at the Same time burning One which he said was a former Will of His, adding that he had been a Week contriving that Mr. Moseley and Mr. Alderson might have the Management of his Affairs after his Death to His Child's Benefit. And that the Said Boyd then Said that tho He should be disappointed of His Witnesses yet the Court well knew his Handwriting and that he knew if he could have the Management thereof Himself he could make it Stand for a good Will without Witnesses. Also Jonathan Christmass, being summoned and Sworn, declared that the Will aforesaid was delivered to him by Mrs. Catharine Boyd, Relict of the Said Thomas Boyd, to be kept ’till She demanded it. She taking it out at that Time of a Chest of Drawers, but he further Saith That he Saw the Said Mrs. Boyd, before that time open the Desk or Buroe in which Mr. Boyd aforesaid kept his papers of Moment, and that the Deponent by her Direction looked over his papers for a Will but found none.
This Court being of the opinion that the said Will has been Sufficiently proved Ordered that the Secretary have notice thereof. And for the Satisfaction of Such as it may concern this Court Has caused the foregoing proofs exhibited into Court to Support and maintain the Will afsd. to be thereunto annexed, which together with the Said Will, the Motion of Simon Alderson afsd. are ordered to be recorded.
Then Came Simon Alderson One of the Exec. of the Said Will into Court and took the Exec. Oath To perform the Said Will of the Deceed. aforesaid, as the Law directs.
Testis THOS: JONES Clr. cur.
Recorded in Will Book 3, page 95, Office of Secretary of State.
ANNE BRYAN'S WILL. IN THE NAME OF GOD AMEN, the 25th. Day of October, 1767. I, anne Bryan, of Craven County, & Province of North Carolina, being Sick & weak in body but of Perfect mind and Memory, Thanks be Given Unto God therefore, Calling Unto Mind the Mortality of my Body & Knowing that it is Appointed for all Persons Once to Dye, Doe make & ordain this my Last Will & Testament, that is to say Principally, and First of all I Give and Recomend my Soul into the hands of God That Gave it; my Body I recomend to the Earth to be buried in a Desent Christian Like buriel, at the Discretion of my Executors,
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88- 89 Nothing Doubting but at the General Reserrection I shall Receave the same by the Mighty Power of God: And as Touching such Worldly Estate where with it hath Plessed God to bless me with in this Life, I Give, Demise & Dispose of the same in the Following Manner & Form:
Item. I Give & bequith to my Well beloved Son, William Bryan, One Negro Woman Named Venis, One horse Called Bull, One Large Looking Glass, One Silver spoon, One Large Ovel Table, a Safe, & the half of my Cattle on Hatterass Banks, to him and his heirs.
Item. I Give & bequeath to my Well beloved Son, John Bryan, One Negro Man Named Kent, One Peace of Land Laying on the No. Side of Neuse River & West Side of Island Creek, Containing 40 Acers; be the same More Or Less, which I Bought of John Starkey, Known by the Name of Fort Neck, One Mair Colt Bonney, One Cow & Calf, spise Morter & Pessell, One Silver Table spoon, the half of my Cattle on Hatterass Banks, & the Labour of One Free Born Negro Boy Named Asa, Tell his Indentuers shall be Exspierd, to him & his heirs for ever.
Item. I Give & bequeath Unto my Well beloved Son, Jesse Bryan, One Peace of Land Containing 150 Acers which I Bought of Thos. Carraway, Laying on the No. Side of Neuse River & East side of smith Creek; 100 Acers which I Bought of Samuel & Isaac Easlick, on the No. Side of Neuse River & head of Orchard Creek; One Negro Man Named Seasor, One Boy Named Will, Two Negro Wimen Named Rose & Jane, & the Labour of Two Free Born Negro Boys Tell there Indentuers is Exspierd Named. Aron & David, & Two horses Called, Frolick & Poilet, to him & his heirs for Ever.
Item. I Give and bequith to my Well beloved Daughter, mary Cook, One shilling Sterling, to her & hier heirs For Ever.
Item. I Give and bequith to my Well beloved Daughter, Elizabeth Dawson, one Shilling Sterling, to her & her heirs.
Item. I Give and bequith to my well beloved Grandson, Joseph Stockley, one Shilling Sterling, to him & his heirs.
Item. I Give and bequith to my Well beloved Grandson, John Dawson, one Shilling Sterling, to him and his heirs.
Item. I Give and bequith to my Well beloved Son, Jesse Bryan, all the Remainder Part of my Estate, to him and his heirs.
I Likewise Constitute, make & orDain my Loveing Sons, William Bryan, John Bryan, & Jesse Bryan, Executors, of this my Last Will and Testament, and I Doe here by Utterly Disallow of and Revoke and Disanull all Former Wills by me made, Confirming this and Noe other to be my Last will & Testament.
| In Witness whereof, I have here Unto Sett my hand & seale, the Day and Year above Written.
ANNE BRYAN (Seal)
Signed, Sealled, Published, Pronounced, and Delivered, by the said Anne Bryan, as her Last will & Testament, in the Presents of us the Subscribers:
JAMES CARRAWAY.
ANN CARRAWAY.
ELIES JUSTES.
GIDEON CARRAWAY.
The above last Will and Testament of Ann Bryan, was proved before me this 9th. day of March, 1773, by the Oath of Gideon Carraway, one of the subscribing Witnesses thereto, who swore that he saw the Testatrix sign, seal, publish & declare the same to be her last Will and Testament, and that at the time thereof she was of sound and disposing Mind & Memory.
And John Bryan one of the Executors therein named, having taken the Oath appointed for his qualification, It is ordered that letters Testamentary issue thereon
W. MARTIN.
Copied from Original Will filed in the Office of the Secretary of State.
EDWARD BRYAN'S WILL. IN THE NAME OF GOD AMEN, This 28th Day of January, In the Year of our Lord, 1745, I, Edward Bryan, being In perfect mind and memory, blessed be God for his Mercy, calling unto Mind that it is Appointed for all men to Die Doth make this my Last Will and Testemt, and Dispose of my Worldly Estate wherewith God hath blessed me With, as followeth:
Imprimis. Unto my Eldest Son, John Bryan, I give and bequeath to he and his heirs lawfully begotten of his body and their bodies, for Ever, Two hundred Acres And Twenty Acres of Land, being part of the Land which I bought of Martin Frank, and Edward Frank, called New Germiny, beginning at the begining bounds of the Deed, On Jacks cabin branch, and Runing the bounds of the Deed for the Two hundred and Twenty Acres, which shall be Marked out by the Exs: or Some other Appointed person; Unto my Son, Edward Bryan, I give and bequeath To him and his Heirs Lawfully begotten of his Body and of their Bodies, for Ever, Two hundred & fifty Acres of of Land being part of the Land wch. I bought of Martin Frank and Edward Frank, call'd New Germany, begining on the Left bounds of his brother John's and Runing Up Towards Cyprus Creek within the Deed, For the Compliment to be
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90- 91 Marked out by the Exs. or some other Appointed person, in any shape or Course as they shall see fit & proper.
Item. I Give and bequeath to my son, William Bryan, and his Heirs Lawfully begotten of his Body and of their Bodies for Ever, three hundred Acres of Land, more or Less, being the Remaining part of the Two Deeds as I bought of Martin Frank and Edward Frank, called, New Germany, the Four hundred and Seventy Acres given to his Two Brothers Excepted, to them, and if any one of my Three Sons should Die without Heirs lawfully begotten of their Bodies, his portion bequeathed as affsaid shall be Equally Divided between the two living Brothers and their heirs lawfully begotten of their bodies for Ever; Also I give and bequeath to my Son, John Bryan, One lot In Newburn Town, to him, his heirs or assigns.
Item. I Give and bequeath unto my son, Edward Bryan, one Lot in Newburn Town, to him, his Heirs or Assigns; and I give and bequeath to my son, William Bryan, one lot in Newburn Town, to him, his heirs or Assigns. These three lots shall be Divided by my Exs., of other appointed persons, when my son, John Bryan, shall be at Age; Also I give and bequeath to my Daughter, Penelipy Bryan, One lot in Newburn Town, The lot and Storehouse, the same lot whereon the storehouse now Stands; Also I give and bequeath to my Daughter Penelipy Five Hundred Pounds, in bills, instead of a Portion of Land, to be paid out of my Money which lies in stock of Trade, at Age, or at the Day of Mareage; also I give and bequeath One hundred pounds in bills out of my Stock of Money in Trade, to buy her a bed and furniture, to be paid out at the Executors Discression before he comes to Age if Need be for it.
Item. I Give and bequeath to my loving Wife, Ann Bryan, One Plantation and all the Survey of Land belonging to it, lying on the West side of swifts Creek, Surveyed for me in One Thousand Seven hundred and forty four-five, called paradice, to her, her heirs or Assigns. And all the Rest of my Lands as is Not Given by Will or Deed, I give and bequeath to be Sold at the Exs. Discression, and the Sale and title shall be good to whomsoever shall buy it: also I give and bequeath to my Loving Wife One Negro Women called, Agey, and One Negro Man called Will, One Negro man called, London, One negro Man called Simon; also two plowhorses; also Five Riding horses; also all my stock of Cattle, sheep & hoggs, Except Twenty four Cows and Caves, Seven Stears only also I give all my household Goods as beding, Cetchen Wair, and all Vessels of Iron, brass, Copper, or puter, or Wood, and all other Vessels of any Kind, as ar generally Used in the house.
And I give and bequeath to my Three Sons, and Daughter, John, Edward, & William Bryan and Penelipy Bryan, Twelve Negroes Named as follows: Melatto, Tener, Sary, Nancy and
| little Egey, Tom, Cesar, George, Joseph Called Joe, Jack, Frank, & Robin, & Primas; and also I give and bequeath to them Twenty four Cows and Calves, and four Mairs. The said Negroes & Cattle and Mairs to be at their own proper Resque & Not to be Divided nor any Division made between my four Children of Neither Negroes, nor Cattle, nor horse-kind, until my Eldest son John shall be of Age, that is to say, of Twenty One Years, and then there shall be a Devision made by the Exs. and three other Men chosen by the Court. The Negroes and their Increase the Cattle and horse Kind & their Increase, The Cattle and horse Kind and their Increase shall be Equally Divided between my four Children and shall be at Each ones proper Resque.
Also I Give unto my Three sons, Each, One hundred Pounds in bills to buy Each of them a bed and Furniture, and this Three hundred Pounds shall be paid out of my Stock of Money that lies in Trade.
And my Desire is that my four Children should have Seven Years schooling and between the Age of seven Years old and Seventeen Years old, to be given in such Siencies as the Exs: shall think proper, and the Cost of their Cloathing, Washing, lodging, and schooling and Vittling, shall be paid out of their Negroes Labor put to Use as the Executors shall agree and think proper.
Also I Give my loving Wife the Use of my Childrens Negroes the first Two Years after my Decease, she paying the Childrens Expences, and when the Two Years is out the Children to have the Vallue of their hire for the time to come.
Also I Give the Money that lies in Trade, the Remaining part that is Not Given already, to be Divided, my Loving Wife to have One Third part, and the Two Third parts to my Children, to Equally Divided. Likewise I leave four Stears at Wiggines, One at Grimes, two at Goose Creek, and One of my Riding horses to be sold, to pay Jane Hand the Money Due to her Upon the books.
I likewise Constitute and Ordain my Loving Wife, Ann Bryan, and my Loving Brother, Hardy Bryan, and my Loving Brother, Lewes Bryan, to be my true and Lawfull Exx. & Executors of this my last Will and Testament.
As Witness my hand the Day and Date above mentioned.
EDWARD BRYAN. (Seal)
Signed, Sealed & Published before Us:
WM. WHITFORD.
JANE HAND.
RICHARD HART.
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92- 93 May 9th, 1746.
These are to Certifie that Richd. Hart, and Jane Hand, came before me, Enoch Hale, Esqr., Chief Justice of North Carolina, and made Oath that they saw the w'thin nam'd Edwd. Bryan, in his Lifetime, Sign, seal & Publish the w'thin Wile & Testamt., and that he, the said Edwd. Bryan, was of sound mind and disposeing Memory at the time thereof, as also that Wileiam Whitford was a Concurring Evidence wth them.
Test. E. HALL, C. J.
And The said Enoch Hale, Do further Certifie, that Hardy Bryan & Ann Bryan Exr. & Exx. to the wth. Wile, Qualified themselves According to Law by taking the Oath appointed.
Ordd that Letter's Issue Accordingly.
E. HALL C. J.
Copied from Original Will filed in the Office of the Secretary of State.
HARDY BRYAN'S WILL. IN THE NAME OF GOD AMEN. I, Hardy Bryan, of the province of North Carolina, & Craven County, Planter, being sick in Body, but of sound Mind & Memory, do make my last will & Testament in the form & Manner following, that is to say:
It is my will that the plantation on which my son Thomas now lives, consisting of about Two hundred & Seventy acres, be divided by the ash Branch, & then I give & bequeath that part of it lying on the North Side of the ash Branch to my said Son Thomas, to him & his Heirs for ever. I further give & bequeath to my son, Thomas, one Negroe man named Edinburgh, & one negroe Girl named Lucy, which said Lucy is already in the Possession of my son Thomas.
I give & bequeath to my son William, to him & his heirs forever, two hundred & seventy acres of Land, be the same more or less, which I bought of my Brother Lewis, & is adjoining to the Land of Frederick Isler. I further give & bequeath to my son William to him & his heirs for ever one hundred Acres of Land which I bought of Frederic Jones, & lying on the West side of Trent River. I further give & bequeath to my son William, One Negroe Boy named Cain, which I have already delivered into his Possession.
It is my will & desire that the Plantation or Survey of Land on which I now live be equally divided, & then I give & bequeath to my son, Hardy, to him & his heirs for ever, after the Marriage or death of his affectionate Mother, the upper half of the said Plantation or Survey, or that half of it on which the houses are now erected.
And I give & bequeath to my Son, Nathan, to him & his heirs for ever, the other or lower part of the said Plantation or Survey of Land. But if my son Nathan shou'd (die) without Issue or before he arrives at the age of Twenty one Years,
| then I give & bequeath the whole of the said plantation or survey of Land I now live upon, to my son Hardy, to him & his heirs for ever, after the Marriage or Death of his affectionate Mother; or if my Son Hardy shou'd die without Issue, or before he arives at the Age of Twenty One Years, then I give & bequeath the said whole Plantation or Survey of Land on which I now live, to my Son Nathan, to him & heirs for ever, after the Marriage or death of his affectionate Mother. But if both of my Sons Hardy & Nathan should die without Issue, or before the Age of Twenty One Years, then whatever Land I have given & bequeathed to my Sons Hardy & Nathan, I give & bequeath to my Son Lewis, to him & his heirs for ever.
I give & bequeath to my Son, Isaac, to him & his heirs for ever, one half of the plantation or Land on which my Son, Thomas, now lives, namely, that half of it which lies on the South Side of the Ash Branch.
I give & bequeath to my Son, Lewis, to him & his heirs for ever, one front Lot in the Town of Newbern, lying upon Nuce River, & one of my Two front Lots in the said Town lying upon Trent River, it being my will that my son Lewis, shall take his Choice of the said Two Lots lying upon Trent River. But if my Son, Isaac, should die without Issue or before he arrives at the age of Twenty One years then I give & bequeath to Son, Lewis, to him & his heirs for ever, all the Land which I have given & bequeathed to my Son Isaac; But if my Son Lewis shou'd die without Issue or before he arrives at the Age of twenty one Years, then I give & bequeath to my Son, Isaac, to him & his heirs for ever, all the Lots in Newbern which I have given & bequeathed to my Son Lewis.
I give & bequeath to my Daughter, Mary, to her & her heirs for ever, one Front Lot in the Town of Newbern Lying on Trent, after My son Lewis has taken his Choice of the two Lots as before mentioned.
It is my will & desire that my loving wife, Sarah, so long as she shall continue my Widow or live unmarried, shall have one half of the plantation or Survey of Land on which I now live, particularly, the upper half, or that half or part on which the houses are now erected. And it is further my will & desire, that as long as my loving Wife, Sarah, shall continue my widow or live unmarried, she shall have the Use & profits of the following five negroes, namely, one negroe Man named David, one negroe Man named Pomp, one Negroe Man named Frank, one negroe Man named Ben, & one Negroe Girl named Scylla; But then it is my Will & desire that my loving wife Sarah, shall find Meat, Drink, Washing, Lodging, & Schooling for my Children till they are married or arrive at the Age of Twenty One Years, out of the profits arising from the plantation & the Labour of the five Slaves abovementioned. And it is further
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94- 95 my Will that the said Five Negroes, David, Pomp, Frank, Ben & Scylla be equally divided among all my Children, at the Marriage or Death of my loving Wife Sarah. I likewise give & bequeath to my loving Wife, Sarah, all my Stocks of cattle, Hogs, Sheep & Horses, all my household furniture, all my Plantation Tools & Implements of Husbandry.
It is further my will & desire that my following Six Children, namely, My sons, William, Hardy, Nathan, Isaac & Lewis & my Daughter, Mary, or the Survivors of them, shall have, & be equal Sharers of, all the rest of my Negroes not mentioned in this will, in the Manner following, that is to say, the rest of my Negroes not mentioned in this Will shall not be immediately divided, but each of my said Children, namely William, Hardy, Nathan, Isaac, Lewis & Mary shall have & receive his or her Share of the said Negroes & their Increase on the Day of Marriage or at the Age of Twenty one Years, And it is my Will that when any one of my said Six Children shall have received his or her Share of the said Negroes as before directed; he or she so receiving his or her Share shall not have any Claim or Title to the remaining Slaves or their future Increase.
I do hereby nominate & appoint my Sons, Thomas & William, Executors, & my loving Wife, Sarah, Executrix, of this my last Will & testament, & I do hereby revoke & disannual all other Wills heretofore by me made.
Witness my hand & Seal, this Twenty Eight Day of February, in the Year of our Lord, One thousand, Seven hundred & Sixty.
HARDY BRYAN (Seal)
Signed, sealed & acknowledged in the Presence of (the words “for ever” being first interlined in the Second page of this will):
JAMES REED.
SHADRACH ALLEN.
his
MATTHEW X ARTER.
mark
New Bern, 6. May, 1760.
The foregoing last Will and Testament of Hardy Bryan, deceased, was duely proved before me, by the Oaths of James Reed and Matthew Arter, Evidences thereto. At the same Time Thomas Bryan, one of the Executors within named, and Sarah Bryan, named Executrix in the foregoing Will, qualified before me by taking the Oath of Executor and Executrix.
Let Letters Testamentary issue to the said Thomas Bryan, and Sarah Bryan, on the foregoing Will accordingly.
ARTHUR DOBBS.
Copied from Original Will, filed in the Office of the Secretary of State.
| JOHN BRYANT'S WILL. IN THE NAME OF GOD AMEN. The fourteenth day of Sept., one thousand, Seven hund., Thirty and four, I, Jno. Bryant, of Edgecombe precinct, in North Carolina, being very weak in body but perfect of mind and memory, thanks Be to Almighty God for it, And knowing that it is appointed for all Men once to die, Do Make, Constitute and appoint this to be my Last will And Testament, Revoking and Disanulling all other Wills and Testaments Ever before me made: And as for the worldly Inheritance the Almighty God hath Endowed withal, I Leave and Bequeath in manner and form following:
Imps. I leave and Lend to my well Beloved wife, Elisabeth Bryant, During her natural life, A Molatto wench Called Bess, and her Own bed and furniture, as also another bed and furniture wch. hath Oznabrigs Tick to it, One black walnut Safe, and half Adozn. turnd frame Rush chairs, And one trunk, And A Large Iron pot wt. A Still made upon it, and A Small Iron pot, One Brass Skellett, five tongs and Shovel, and Box Iron & Chaffing dish, as also A grey gelding, Bridle and Saddle, & A Mare & Colt called Diamond, & twenty five head of cattle, Young & old, and four Sheep, as also two Basons of putre & two dishes, four plates & half a Dozen Spoons And an Iron Spit.
Item. I Leave and Bequeath to my Son, Wm. Bryant, his heirs & Asss. for Ever, A tract of Land Beginning in the Marsh where ye. Line Crosses it, So running thro ye. pasture along ye. water course to another tract of Land, and then Continuing ye. water course to the Lower Line. I further give & Bequeath to him another tract of Land in Cupress Swamp known by the name of Ballards; I also Leave as afforsd. My other tract of Land Lying & Being in ye. East side of Deep Creek, Upon the Indian path; as also another tract of Land Lying in a Bever Dam Swamp, that Leads out of fishing Creek, known by the name of Polluck's Bever Dam; as also two Negroes, the One Named Robbin, the other Mingo, One New feather Bed wt. furniture, Called his bed, One Large Iron pot & a smal one, One Black walnut Round table, and four Leathern chairs, One new Case of Bottles, two putre Basons, two putre dishes, Four putre plates, & half A Dozen Spoons, One Buckaneer Gun, and whatsoever Cattle, hogs, horses and Mares that now Are Called his, and fifteen head of my own Stock here at Home, and four Steers that are at Canahoe, and all the rest of My Cattle at Canahoe, to be Divided betwixt he and Jno. Fort. I Further Leave & Bequeath to him A Bay horse called Spot, wt. A new Saddle and Bridle, and four other horses & mares And four Sheep; I also Leave him Seven pounds, Currant.
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96- 97 Item. I Leave and Bequeath to my Son, Arthur Bryant, his Heirs and asses. for Ever, the plantation whereon I now live, joyning To the Land wch. I gave to my Son William, and another plantation On Deep Creek, where Richd. Camp now Liveth, And One hundred Acres of Land Lying in Cahukee Swamp. I also Leave & Bequeath to him a Negro Boy, Called Tom, and A Negro girl Named Jenny, I also give him a Large feather Bed wt. new furniture, I also Give him A Black walnut Square table, and four Leather Chairs, two Iron pots, two putre Basons, two Do. Dishes, and four plates, and One Iron Spit, and Six head of horses & Mares, And all the Stock of Cattle and Hogs in ye. plantation where Richd. Camp now Liveth, to be Divided Betwixt Camp and he, And twenty five head of Cattle, Young and old, of my home Stock, And four head of Sheep. I also Leave and Bequeath to him Seven pounds Currant Money of Virginia, and One Silver Sack Cup, and One Small trunk, and an Iron Bound Case of Bottles.
Item. I Leave and Bequeath to My Son, Davie Hopper, A hundred and Sixty Acres of Land Lying in the fork of the Bever Dam Swamp, joyning the Land I gave to My Son, William, I also Leave & Bequeath to him twenty pounds Currt. Money of Virginia, due to me pr. James Barns, By a note under his own hand, appeareth to be paid at Mr. Theophilus Pughs. As also to my Son Hopper Two thousand weight Of pork to be paid at his own house.
I also Leave and Bequeath to my well Beloved friend, Jno. Pope One hundred Acres of Land in A place On Cahukee Line, below ye. place where Robt. Wright Now Liveth.
I also Leave and Bequeath to James Turner, Living in Virginia, the Remainder of the tract of Land I Left to my Son Hopper.
I Leave and Bequeath all the rest of My Moveable Estate, to be divided Betwixt my wife, and my Son Wm. and Arthur, at the discretion of my Executors, Whom I Constitute and appoint who are My Sons, Davie Hopper and Wm. Bryant. Publishing, Declaring and pronouncing this and no other to be my last will and Testament.
Sealed wt. my Seal and dated the 14th day of 7 E., 1734.
JOHN BRYAN (Seal)
ROBT BEDFORD,
ARCHBALD THOMPSON,
her
ANN X TRAZIER.
mark
NO CAROLINA. EDGECOMB SS. At a Court held for the Said Precint. on the third Tuesday of May, anno Dom. 1735. Present His Majesties Justices:
These may Certifie, that Anne Frazier, one of the Subscribing Evidences to the within Will, Appeared in Open Court and made Oath on the Holy
| Evangelists that he was present and Saw, John Bryant, Sign, Seal & declare the within to be and Contain hie Last Will & Testament, & that the Said John Bryant was then and at that time of Sound and disposeing Memory; & that he Saw Robt. Radford, and Archd. Thompson, the other Subscribing Evidence Sign their names thereto at the Same time. Then also Appd. Davis Hopper, and William Bryant, Executors, in Open Court, and took the Execu. Oath in due form of Law.
Ordered that the Secrey have notice thereof, that Letters Testamentory Issue there on
Test. J. W. MER—(?) Cler. Cur
Copied From Original Will filed in the Office of the Secretary of State.
SIMON BRYAN'S WILL. N. CAROLINA, BERTIE COUNTY.
IN THE NAME OF GOD AMEN. I, Simon Bryan, being in my perfect Sences but in a Very bad State of health, do make this my Last will & testament, revocking all former wills whatsoever by me heretofore made, Constituting & appointing my wife Ann, My Bror. Edward Bryan, & my Son, David, my Sole Exors. First my Soul to almighty God in Sure & Certain hopes of a resurection from the Dead through the merits of my Lord & Saviour Jesus Christ, my Body to be buried at the discreation of my Exors., my Worldly goods in the following manner:
Imprs. To my Dear & Loving wife, I bequeth one third part of all my personal Estate after my Just debts are paid (there being nine Negros belonging to my Children, Some of wch came by the death of their Bror. Jno. Armour, the rest they hold by deed of gift; the negros are named, viz: Perry, Hannah, Feb, Dina, Ben, Lyd, Joe, Jupiter & Pina).
Item. To my Son, David, I bequeth, that tract of Land I bought of Michell & Henry Kings, to him, his heirs & assigns; the other two thirds of my personal Estate to be equally divided amongst my three children, but if my wife is with child now, my will & pleasure is that it have one Equall Share with my other children.
As witness my hand & Seal this 26, Novr., 1751.
SIMON BRYAN (Seal)
Signed, Sealed & published befor us:
MARTHA BRYAN.
her
ISABEL X DEAL.
mark
JAS. LOCKHART.
LILLINGTON LOCKHART.
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98- 99 BERTIE COUNTY.
May Court, 1753.
The within Will was Exhibited into Court by David Bryan, One of the Exors. therein Named, and Proved by the Oath of James Lockhart Esqr. and Lillington Lockhart, Two of the Subscribing Witness's thereto; & at the same time the said Exor. Quallifyed for said office according to Law, which was Ordered to be Certifyed.
Test. BENJN. WYNNS, Cler. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
WILLIAM BRYAN WILL. IN THE NAME OF GOD AMEN, the Twelfth Day of December, 1746. I, William Bryan, of Craven County, & Provance of North Carolina, being Sick and weak In Body but of Parfect mind & Memory, Thanks be given unto God Therefore, Calling unto Mind the Mortality of My Body, and knowing that it is appointed for all men Once to Dye, Dow make & Ordain this my Last Will & Testament, That is to Say, principally & first of all, I Give & Recommend My Soul into the hands of God That Gave it, & my Body I Recommend to the Earth to be Buried in a Desent & Christian Like burial at the Discretion of My Executors, Nothing Doubting but at the General Resurrection I Shall Receive the Same aGain by the mighty Power of God; and as Touching Such Worldly Estate Wherewith it hath pleased God to bless me with in this Life, I Give, Demise & Dispose of The Same in the following maner and form:
Item. I Give & Bequeath to Anne, My Dearly beloved Wife, one third part of my Negrews, and Likewise one third of all ye Rest of my Movable Estate, and the Use of the plantation I now Dwell on Dureing her Natureal Life.
Item. I Give & Bequeath the Remaining part of my Negrews & movable Estate to be Equally Devided amongst my Six Children, William Bryan, Elizabeth Bryan, Lewis Bryan, John Bryan, Anne Bryan, Jess Bryan, to them & their heir for Ever.
Item. I Give & bequeath to my well beloved Son, William Bryan, One hundred & Twenty five acors of Land the plantation I Now Dwell on, to him & his heirs for Ever.
Item. I Give and bequeath to my well beloved Son, John Bryan, One Hundred & Twenty five acors of Land, the one half of the Tract of Land I now Dwell on, known By the Name of kits Neck, begining at the Gut which the Cart bridge is Over & So Runing up to the head Line, to him and his heirs for Ever.
Item. I Give & bequeath to my Well beloved Son, Lewis Bryan, One hundred acers of Land Lying upon the head of
| Smith Creek, which I Bought of Gunston Allen, known by The Name of Holley Neck, to him & his heirs for Ever.
Item. I Give & bequeath to My well beloved Son, Jesse Bryan, one Tract or persell of Land Lying upon the head of Goose Creek, Joyning upon Cohoons Savanah, Which I had of John Bryan, to him and his heirs for Ever.
I Likewise Constitute Make and Ordain My Loving Wife, Anne Bryan, and my Brother, Joseph Bryan, and my Son, William Bryan, Executores of this my Last will & Testament, & I doe hereby Uterly Disallow of & Revoke & Disanull all former wills by me made, Confirming this & No Other to be My Last Will and Testament.
In witness Whereof, I have here unto Set My hand & Seal, the Day & Year above Writen.
WILLIAM BRYAN. (Seal)
Signed, Sealed, published, pronounced, & Delivered by the Sd. William Bryan, as his Last will & Testament, In the Presents of us the Subscribers:
LAZARUS PEARSE.
JAMES CARRAWAY.
WILLIAM CARRAWAY, JUN.
CRAVEN COUNTY, SS.
At a Court of Comon Pleas begun & held at New Bern, the third Tuesday in June, Anno Domini, 1747, then the within will was Proved by the Oath of a Concuring Evidence thereto, & Joseph Bryan, Executor & Ann Bryan, Executrix of the said Will Came into Court & took the Oaths by Law Appointed for their Qualification. Ordered that they have Letters Testamentary thereon
WILL: HEDGES: S: C. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
BENJAMIN BUNDY'S WILL. IN THE NAME OF GOD AMEN, the fift day of october, one thousand, Seven hundred and tWenty Eight. Beniamen Bundy, of pascuotank, in the province of North Carolina, being Sick in body, but of Good and perfect memory; thanks be to Allmity God; And Calling to remembrance the uncertenty of this transitory Life, and that all flesh must yeld unto death when it Shall plese God to Call, Do make, Constitute, odain and declare this, my Last will and testament, manner and form following, Rovoking and adnulling by thes presents all and Every testament and testaments, Will and wills, heretofore by me made and declared, Eigher by ward or writing,
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100- 101 and this to be taken only for my Last will and testament, and none other, I Do Gieve and dispose the Same in manner and form following: that is to Say,
First, I Will that all those debt and dues as I owe in Right or Conscience, to any manner of person or persons What So Ever, Shall be well and truly Contented and paid, within Convenient time after my decese, by my Executors hereafter named.
Item. I Give and bequeve in witness unto my Loving wife, hannah bundy, the plantation whereon I now Lieve, together with a tract of Land Containing two hundred Eakers adioyning unto my Sd. plantation, during her naterell Life: and in Case my wife, hannah, die without Ishue begotten by my own body, then I will and bequeive the Said Land unto my Loving brother, Samuell bundy, to him his heirs and assigns for Ever.
Item. I give and bequieve unto my Loving brother, Samuel bundy, a certain tract of land Sirvaid by william Norris, Sinaor, Liing in griffens Swamp, to him his heirs and assigns for Ever.
Item. I gieve and bequieve to my Sd. brother, Samll., one negro named tom, to him his heirs & assigns for Ever; and allso one young horse; and furthermore, in Case my wife Should marry After my decese, then I will and bequieve to my Sd. brother, Samll., one feather bed and furniture.
Item. After the decese of my now wife, I give and bequieve my negro Jack, unto my Sd. brother, Samll, him his heirs for Ever.
Item. I gieve and bequieve unto my Loving wife all my parsonable Estate, both goods and Chattles, that Came to me by her; and the Rest of my personible Estate att the decese of my Sd. wife, to go to my Sd. brother Samll., his heir or Assigns.
Item. I Except onn mare Coalt for my Cosen, mary Jons.
Item. I gieve and beqeieve Unto my loveing Brother, Samll., all my Right and title to a tract of land Survaed by me and Tho:m Jesup, Lieing in griffens Swamp, To him, hie heirs or assigns for Ever.
Item. i do appoint my Loving wife, hannah bundy, and my brother, Samll. bundy, my Sole Executors.
In wittness I have here Set my Seal.
the
BENN + BUNDY. (Seal)
mark of
Signed Sealed and delivered In the presents of Us:
ZACHARIAH FIELD
THOMAS WOODLEY
the
JOHN X PHITT
mark of
| NO. CAROLINA, SS. Octbr 26th, 1728.
Thomas Woodley & John Phitt, Two of the Evidences to the aforewritten will came before me & made Oath on the holy Evangelists, that they Saw Benjamen Bundy, decd., seal & Execute the same as his last will & Testamt., he then being of perfect mind & Memory.
GALE, C. J:
Copied from Original Will filed in the Office of the Secretary of State.
JOHN BUTLER'S WILL. IN THE NAME OF GOD AMEN, the 24th day of december, 1772. I, John Butler, of the County of Tyrrel, Farmer, being weak in body but of perfect mind and memory, thanks be given unto God therefore, calling unto mind the Mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last will and Testament, that is to Say, principally and first of all, I give and recommend my Soul into the hands of Almighty God that give it, and my body I recommend to the Earth, to be buried in decent Christian burrall at the descretion of my Executors, nothing doubting but at the Generall Resurrection I shall recive the Same again by the mighty power of God; and As touching such worldly Estate wherewith it hath Pleased almighty God to bless me in this life, I give, demise and despose of the Same in the Following manner and Form:
Imprimis. I Lend unto my dearly beloved Wife Elh: five negroes, Viz: Jack, Zepero, Nan, mereen, and mark, with this plantation we now live on, with the horsess, hoggs and Cattle, and all the house hold Furniture. In Case there Should be any money It must be divided Equally, my Wife, William, John & James Butler: I Lend, I Say, to my dearly belov'd Wife, Elizabeth, all the Aforsaid Articles dureing her Widowood.
Item. I give to my Son, William Butler, the plantation he now lives On, and fifty pounds prock. money, to Leved out of my Estate, and Four Cows & Calves or the Value thereof, to him and his Lawfull heirs for ever.
Item. I give unto my Son, John Butler, Six negroes, Vizt: Jack, Zeperoh, Rose, Ben, Bristo and dick, after the decease or marage of my Wife Elizabeth, To him and his Lawful heirs for ever.
Item. I give unto my Son, James Butler, the plantation he now lives On, lying on Turkey Swamp, on the South Side the Sd. Swamp, Containing three hundd. acres of of Land more or less, to him and his Lawfull heirs for ever. I Likewise give to my Son, James Butler, four negroes Vizt. Dinah, Mark, Little Jack, and Nan, with one Still, one desk, and Ten pounds
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102- 103 prock. money, after the Deceas. of my Wife, Elizebeth, or marrage, to him and his heirs for ever.
Item. I give unto my Daughter, Phereby McHenry, the manner Plantation or the Land I now live, On dureing her Naturall Life, after the Decease or marrage of my Wife Elizebeth, then to my two grand Daughters, Sarah ann McHenry, and Susanna McHenry: I Likewise give to my grand Daughter, Wineford McHenry, one Negro Garl Named Mereen, to her and her heirs for ever, all to be recd: in mater and Form As before mentioned, at the Deceas or marrage of my wife, Elizebeth.
Item. I give to my Grandson, James Butler Cherry, the Son of Martha Cherry, A piece of Land Joyning to the Gum Log, and from the gum Log up to Wheatleys Old Field. I Likewise give unto Sd. James Cherry, the Son of Martha Cherry, two Negroes Vizt: one garl, named Charity, one Boy named Nedd, the Son of Negro Nann, I give it to him to be recd: at the years of twenty one, in matter and Form as before mentiond. I give unto Sd: James Cherry, one Feather Bead and Bedstead, four Basons, two dishes and Six plates, one Iron pott: in Case he should die without a Lawfull heir it must return to John and James Butler my two Sons to be Equally devided between them.
Item. I give unto my Grandson, James Gainer, the Son of Arther Gainer and Sarah, his Wife, one hundred Acres of Land from the flag branch up to the head line, Joyning to his fathers Land, Likewise One negroe boy named Tom, to him and his heirs for ever: if in Case he should die without heirs to return to John and James Butler left in manner and form As before mentiond.
Item. I give unto my daughter, Mary Leggett, twenty pounds prock money, To be Levied out of my Estate, to be paid unto her; and her heirs for ever.
Item. I give unto my grand Daughter, Elizebeth Cherry, Daughter of Arther Gainer and Sarah, his Wife, one negro boy named Isaac, also one Feather Bedd and Furniture or forty Shillings prock, to be reced. in matter and form as before mentioned, to her and her Lawfull heirs for ever.
Item. I give unto my Daughter, Elizebeth Johnson, Ten shillings Sterling, to be Levied out of my Estate.
Item. I will and desire that after my Deceas., and my Wife, that all the Resedue of my Estate may be Equally Divided amongst my four Children, Vizt: Wm., John & James Butler, and Phereby McHenry, the Wife of George Augustin McHenry, to them and there heires for ever.
Item. I give unto my two grandsons, Simon Butler, the Son of John Butler, and John Butler, the Son of James Butler, a Tract of Land or plantation Lying the north Side of Trenten
| Trenten Creek, Containing 640 Acres, formerly known by the name of Joseph Messers Land, To them and and their heirs for ever.
Item. I give unto my Son, James Butler, the Land Whereon Mary Cage now Liveth, to him and his heirs for ever.
I Likewise Nominate and appoint my loveing Wife, Elizebeth Butler, and my two Sons, John and James Butler, my Sole Executors and Exx: of this my Last will and Testament, revokeing and making void all other former wills, Lagacies formerley by me made, Ratifying and confirming this and no other To be my Last will and Testament.
In Witness whereof I have hereunto Set my hand Seal, the day and date first Above Mentiond.
his
JOHN BUTLER X (Seal)
mark
Signed, Sealed, pronounced, and declared, by the Sd John Butler to be his Last will and Testament in Presence of us:
EDMUN ANDREWS,
JOHN WHITEHURST,
SOLO WILSON,
BE IT KNOWN TO ALL MEN BY THESE PRESENTS. that, I, John Butler, Senr., of the County of Tyrrell, planter, have made and declared my last will and Testament. in writing, Bearing date the 24th. day of December, 1772. I, the Said John Butler, by thise presents Codicil do ratify and confirm my Sd. Last will and Testament, and do give and bequeath unto my Grand Son, Andrew Butler, the Son of James Butler, the Herring gut Land, from the Gum Logg Branch Down to the river. I do Likewise revoke the Bedd and Furniture which I give to my grand Daughter, Lizabeth Cherrey, mentioned in my will. I give to my Daughter, Pherebe McHenry, one Bedd and Furniture which I now Lay On, after me and my Wifes Decd. And my will and meaning is that this Codicil or Schedule be Adjudged to be a part and parl. of my last will and Testament, and that all things therein mentioned and Contain'd be Faithfully and truly performed, and as fully and amply in every Respect As if the Same were So Declared and Sett down in my Last will and Testament.
Witness my hand this fift day of march, 1773.
his
JOHN X BUTLER (Seal)
mark
JACOB MORRISS.
SOLO WILSON.
The within last Will and Testament of John Butler, deceased, and the Codicil thereto annexed, were proved before me this fourteenth day of
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104- 105 October, 1773, By the Oaths of Edmund Andrews, and John Whitehurst, two of the subscribing Witnesses to the said Will, and Jacob Morris one of the Subscribing Witnesses to the said Codicil, who severally, and not one for the other, swore that they were present and did see the said Testator sign, seal, publish and declare the same to be and contain his last Will and Testament with his Codicil thereto annexed; and that at the several times of executing his said Will and Codicil he was of sound and disposing Mind and Memory. And John and James Butler, the Executors therein named, having taken the Oaths and qualified as the Law directs, It is Ordered that Letters Testamentary issue thereon accordingly.
JO. MARTIN.
Copied from Original Will filed in the Office of the Secretary of State.
CALEB CALLAWAY'S WILL. PEQUIMONS IN NORTH CAROLINA:
I, Caleb Callaway, being Sick And weak of body, butt, through the marcy of the Lord, in Sound and perfect mind And memory, And Considering ye Certainty of Death and not Knowing the time it may pleas him to take mee hence, Doe make and Ordayne this my Last will and testament, first revoking All former will or wills by mee made, Doe Ordayne this only to Stand & remaine As my Last will And Testament As follows:
Itm. I Give and bequeath Unto my Son, Josua Callaway, the first Child that Shall bee hereafter borne by my negrow girle named Ruth, (wch negrow Girle is wth my Daughter, Rachell, And her husband, John Wiatt) that Lives to bee two years and Half, and the Sd mother being to nurse the Sd Child tell it is Come to that Age, & then to bee Delivered to my Sd. Son, Josua, or his assins, by John Wiatt.
tt. I allso give to my afore Sd. Son, Josua, All my Coopers tools.
It. I Give Unto my Grand Daughter, Eliz: Wiatt, the Daughter of John Wiatt, when Shee Come to Age, Or Att the Day of marriage, her Choyse of Any one of the rest of the Children that shall bee born one my afore Sd. negrow Girle, Named Ruth. I allso give to my Sd. Grand Daughter, the first mare fould that Either of my two mare brings, to run for her Use and to bee in her Fathers Custody. And In Case Any of the Increas of the Sd mare fould Shall Grow Up fitt for saile, my will is that my Son in Law, John Wiatt, Shall have liberty to Sell the Same for Good Housold Stuf, for my Afore Sd. Grand Child Use.
It. It is my will that my aforeSd. negrow Girle named Ruth, bee and remain wth my Daughter, Rachell, and her Husband John Wiatt, for & During theer naturall Lifes, And yt they Shall Have ye whole profit of hir Labour, and After theare Deces, then if the Sd negrow Girle Shall bring more Children
| then is before Given, then Shee and Those Children to bee Equally Devided Among Such other Children as shall bee beegat hereafter one my aforeSd Daughter, Rachell, by her Husband John Wiatt.
It. I Give to my Loving wife, Elizabeth, if Shee stands to this my will, All my Stock of sheep and one mare, And Hors, her Choyse out of my stock of Horses.
It. I Give to my Son, Josua Callaway, one full third partt of All the rest of my Personal Estate yt remains, besides wt is already Given. It is also my will yt in Case my Son Josua, will him Self in prson Come And Live One my Plantation in Yawpim Creek, that he Shall now forth wth have ye one Half of Cleare ground, and half ye Barn, & Half ye Benefitt of ye Orchard, butt in Case yt my Son Dus nott Come himself, then he Shall nott putt a tennat theare During his mothers Widowhood.
It. The Other Half of my Plantation, wth All the rest of the Houses thereon, & Half the Orchard, I appoynt And Hereby Ordr. that my Afore Sd wife, Eliz:, Shall have the Use of During her widowhood; butt in Case yt my Sd wife Shall marry a Husband, then it is my will yt my Plantation bee Indeferantly Devided into three parts, my Sd wife to Choos one third part During her naturall Life, And my Son forthwth to Enter on the other two Third parts.
It. I Allso hereby Apoynt yt ye other two third parts of my Personal Estate not Already Given, Shall bee and remain in the hands of my Sd Lo: wife, Eliz:, So long as Shee remains a widow, butt in Case Shee marries a Husband, then my will is yt my Son, Josua Callaway, Shall Have one third part of those two Thirds in her Hands. And in Case that my Sd wife Shall Die a widow, Soe yt the two thirds of my Sd personall Estate lies in her Hands Dureing her naturall life, then my will is yt those two thirds of my Estate in my Sd wifes possesion Att her death, Shall bee my Son Josua Callaways, And his Heys: for Ever, together wth all my reall Estate of Lands, Houses &:
It. I Do Appoynt my Son, Josua Callaway, my Sole Executors of this my Last will and testament, hereby requiring him to See All my Just Debts in the first place Satisfied Oute of my Estate.
In Confermacion of wch, I have here Unto Sett my hand And Seale, this 10 Day of Jun., Ano:, 1706.
CALEB SALLOWAY. (Seal)
Sealed & Delivered in presents of:
THOMAS LONG I his mark.
JOHN BARROW.
ANTHONY A WHERRY.
his mark
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106- 107 parte Enterlined by me, Caleb Salloway.
Memd. added: It tis my will that my Daughter, Elizabeth, have a yong Cow delivered to her Father, for my grandaughter owne estate, and her Father to have the same Liberty to dispose of the Increas of the Cow, as of the mairs Colt.
As witness my hand, this 13 day of June, 1706.
CALEB SALLOWAY.
Proved in Court by the Oaths of Thomas Long & Anthony Wherry. This 13th Day of July, Anno Dom. 1706.
Test. THO: SNODEN, Cl. Cur.
Copied from Original Will, filed in the Office of the Secretary of State.
WILLIAM CARR'S WILL. IN THE NAME OF GOD AMEN. I, Willaim Carr, of the County of Duplin, & Province of North Carolina, Am Sick in Body, but perfect In Memory and of a Sown Judgment, Blessed be God for It, and having Called to Mind the Scertainty of Death and of a future State, and that it is appointed for all Men Onest to Die Do hereby Recommend My Soul to God, and my Body to the Earth to be Buried at the Descration of my Executors, whome I shall hereafter Name, And in hopes of a Glorious Resurraction through the Merits of My Lord and Saviour Jesus Christ; Do hereby as far as Almighty God Enabels me in this My present Condition, Do Renounce the World & the Things of this Life, and by these Presents Do Constitute and Ordain, this to be my last Will & Testament, Revocking all other Wills and Testament by me Made, Either by Word or Writing, and this only to Stand and remain for my last Will & Testament: Therefore Doth Order, Settle & Leave what Woreldey Estate God hath Blessed me with, In the following Manner, Viz:
Itam. I Order that all my Just Debts & Funeral Expenses be first Pay'd out of my Estate That Almighty God hath Now Blist me with, And the rest of my woreldey Substance I leve and Bequeath In the following Manner, Viz:
Itam. I Leave & Bequeath to my Beloved Wife, Hannah, The one third part of all my Moveable Estate after my Lawful Debts & funeral Expences is pay'd, together with the Houses & plantation where I now live to Such times as My Son, Archibald Carr, comes to ye age of Twenty one years, and then the Sd. Houses & Plantation to be his for Ever. But In falure of him to ye Nixt Heir In Law & so on; And the rest of my Goods & Chattles, after my Just Debts and Funeral Expences is pay'd, and the one Third of ye rest of ym. taken off to my Wife, as afsd., then ye remainder I leave & Bequeath to be
| Divided Equaly In it's kine Amongs my other Children, Viz: Archibald Carr, Jane Carr, & ye one that is yet unborn if it Should pleas God that it comes to the woreld; and In case that any of ye children Should Die before that they arive to age; I order that the part of the Deceased shall be Equally Devided Amongst the rest of the Surviving Children.
To Which Last Will & Testament, I Do hereunto set my Hand and fix my Seal, this fifth Day of December, In the year of our Lord, One thousand, Seven Hundred and fifty Three;
I order & appoint my Beloved Wife, Hannah, Executor of this my Last Will and Testament.
WILLIAM CARR. (Seal)
Signed, Sealed, and Declared In presents of Us:
JOHN DICKSON.
WILLIAM MCREE.
SUSANNAH MCALEXD.
NORTH CAROLINA, DUPLIN COUNTY, SS. October Court, 1754.
This Day Hannah Carr, Executrix of the last Will & Testament of William Carr, Deceased, Came Into Court & proved the sd. Last will & Testament of ye Deceased, And Took ye Oath of An Executrix as by Law prescribed. And produced an Inventrey Upon Oath of what Goods & Chattels & Debts Due to ye Estate of the Deceased, and Pray'd Letters Testamentorey upon the Same &c.
The Court then and There Ordered that the Above proceedings of Sd. Executrix be given to ye Secretarys Office In Order to the Obtaining of sd. Letters.
The Above Certified by me, October ye 9th, 1754.
JOHN DICKSON, C.C.
Copied from the Original Will, filed in the Office of the Secretary of State.
WILLIAM CARTRIGHT'S WILL. IN THE NAME OF GOD AMEN, the second day of fabury, in the year of our Lord, one Thousand, Seven hundred and Thirty and one. I, William Cartright, being very sick and Weak in body but of perfect mind and Memory, Thanks be given unto God therefore, Calling unto mind the mortality of my body and knowing that it is appointed for all men once to Die, do make and ordain this my Last will and Testament, that is to Say: principally and first of all, I Recomend my body to the Earth to be buried In a Christian lik and Dacent Manner at the Discrestion of my Executors, nothing Doubting but at the Genrell Resariction I shall Recive the Same again by the might power of God that gave it; and as Touching Such worldly Estate whare with it hath pleased god to bless me in Life, I give and Dispose of the Same In manner following, Viz:
Itm. I give unto my friend, Hannah Staford, all my Land and plantation whereon I now Liveth by her freely to be possessed
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108- 109 and Injoyed During The Term of her natural Life, and at her Death then I give it to my god Son, Joseph Stockley, to him and his heirs for Ever, freely to be possessed.
Itm. I give Hannah Staford, three Cowes and a Fowe year old hefer and Two Two year old Steers, and Eight yards of Seven Eight Lining.
Itm. I give unto my Sister, mary Rees, four yards of Seven Eight Lining, and one Large pertor Bason.
Itm. I give unto my brother, Robert, one bason and a Dish.
Itm. I give unto my brother, Thomas, one pottel bason and one Dish.
Itm. I give unto Owen Rees, one gun and a new Chest, and Two Sows and pigs, and one young horst.
Itm. I give to my Brother Thomas, Two Sows and piggs, and one beaver hatt.
Itm. I give unto Hannah Staford, my horse Sadel and bridle, and one Little Pott and pot hucks, and one Chest, and one white mug, and two bolltes, and one hive of bees.
Itm. I give my Brother Robert, Two Sows and piggs.
Itm. I give to my brothers, Robert, Thomas, and Owen Rees, Each of Them, one Earthen Mugg and a glass bottle to Each of Them.
Itm. I give unto my weel beloved friend, Ann Stockley, one frieing pan and one Eight Squiar bottle, and one behive of bess, and Two sows and piggs.
Itm. I give unto hannah Staford, Two Sows and Piggs.
Itm. I give unto John Makdaniel, Two sows and piggs.
Itm. I give unto Owen Rees, one fether bed and boulster.
Itm. I give unto my brother, Thomas, one Rugg and blanket.
Itm. I give unto hannah Staford, one Large new Rugg.
Itm. I give my ax, and Two hows unto my Brothers, Robert, Thomas, and Owen.
Itm. I give to my Brothers, Thomas and Owen, one young mare bhay, giveing unto Elisabeth Clark the first Colt of the sd. Mare.
And I doe make and ordain Jeremiah Murding and Stephen Delemare, my full and Sole Executors of this my Last will and Testament, and I doe hereby Revoke and Disanull and make viode all former wills and Testaments Whatsoever.
In Witness Whareof, I have hereunto Sett my hand and seal.
his
WILLIAM WW CARTRIGHT. (Seal)
Marke
Signed, Sealed, published and pronounced, by the sd. William
| Cartright to be his Last Will and Testament, in ye presence of us:
her
ELISABETH X CLARK.
mark.
JONATHAN HIBBS.
MARY MURDEN.
NORTH CAROLINA, PASQOUTANK PREC'T. SST.
This foregoing will recorded in ye Register Book of pasquot'k, June ye 7th, 1732.
Test. WM. MINSON, Regist.
February, 6, 1730.
Proved this Will be fore me,
RICH. EVERARD.
NO. CAROLINE, CHOWAN, SC.
These may Certify that Stephen Delemarr, personally appeared at Edenton, in the precinct aforesay'd & took his Solemn affirmacon well & Truly to perform the above written Will of Wm. Cartright, Deced. This 16th day of February, Anno D'ni, 1730. Before me,
W. BADHAM, Just. Peace.
Copied from the Original Will, filed in the Office of the Secretary of State.
WILLIAM CARTRIGHT'S WILL (Senior). IN THE NAME OF GOD AMEN, the fifteenth Day of January, in the year of our Lord, one thousand, Seven hundred & thirty three. I, William Cartright, of North Carolina, In the County allbramall, in the precinct of pasquotank, planter, being Sick and weak, But of perfect sence and memory, thanks be to God therefore, Calling to mind the Mortality of my Body, and knowing that it is apointed for all men Once to Dey, do make and ordaine this my Last will and Testament, that is to say: principally and first of all, I give and ReCommend my soule Into the hand of God that Gave it, and my Body I recommend to the Earth to be buried In Decent and Cristone maner at the discrision of my Executricks, nothing Doubting but at the Generill Resurrection I shall Reseive the Same aGain by the allmighty power of God; and touching Such worldley Estate where with it hath pleased God to Bless me with In this Life, I Give and Demis and dispose of the Same, in the following maner and forme:
Item. I Give and Bequeath unto my Son, Thomas Cartright, the sum of tenn shillings, speasuea.
Item. I Give and Bequeath unto my Son, Robert Cartright, a small of land aJoyninn unto his Land.
Item. I Give and Bequeath unto oen Rese, Teen Shillings.
Item. I Give and Bequeth unto my son, Joseph Cartright, my plantation whare one now I Dwell, after the desess
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110- 111 of my wife, Sarath Cartright, begin att my Sons, Robert's line, up as fare as the pigg pens, and my will Is that neither he nor his mother molest one and other Dureing hir natrell Life and after hir Desese then my plantation to fall to him and his heirs Lawfully Begotten of his bodey for Ever.
Item. I Give and Bequeth unto my Daughter, hannah Cartright, all the Remaner part of the Land Belongin to my plantation patern, that Is above the pigpens and to his heirs for ever.
Item. I Give and Bequith unto my Daughter, Tamer Cartright, a tract of land called the Little, for a Bove Oen Rese and to his heirs for Ever.
Item. I give and Bequeth unto my two Sons, Caleb Cartright, and David Cartwright, my tract of Land Cominley Called Sandey run to be Eakqeley Devided betwene them and to their heirs for Ever; But In case Either of my two Sons Should Dey without heirs, then my will is that the longest Liver to porses the hole tract of Land Called Sandy run.
Item. I give and bequeth unto my son, Joseph Cartright, my hunting gun.
Item. I give and bequeth unto my son, Caleb Cartright my new gun.
Item. I give and bequeth unto my son, David Cartwright, my two letle Guns.
Item. I Give and bequeth unto my Daughter, hannah Cartright, one young Black Mare Called rose, and my will Is that the first horse Colt she brings for my Son Joseph, and the first mare colt for my Daughter, tamer.
Item. I give and bequeath unto Elizabeth Cartright, to my son John Cartwright Desesed, one two year old heffer.
Item. I give and Bequeth to my Loving and lafull wife, Sarath Cartright, all the rest of my personell Estate, During her widowhood, but in Case the should marry, then att the Day of marig, all the Rest of my Goods and Chatles to be Eakqley Devided amongst my five Children, Joseph Cartright, Caleb Cartright, hanah Cartright, David Cartright, Tamar Cartright.
Item. I Give and Bequeth unto my Daughter, hanah Cartright, one likely Cow and Calfe, to have the sam Cow and Calfe this Insewing Spring after the Date hereof.
Item. I Give and Bequeath unto my two Sons, Caleb Cartright and David Cartright, one negrow man, If your mother Continues a widow she shall have the use of him Dureing the natrell Days of hir life, but If she shall marey, then the said negrow to be between Caleb Cartright and David Cartright, And the said David Cartright to have his Labour three Months, and Caleb Cartright to have his labour one month and so to Continew as Long as he shall Live.
| Item. I Give and Bequeath unto oen Rese, a Serten tract of land Containing one hundred and Eighty akers of Land, begining att a Beach one the west Side of a Branch Called anauerell Branch, and from thence Runing verioas Corses to the (to the) horn Beame to the Lithe fork swamp, soever the swamp to a mayple which is over Deviding line, which said tract of Land I now live one, to him and his heirs for Ever.
Item. I give and Bequeath unto Elizabeth Cartright, Daughter to John Cartright, Desesed, fortey akers of Land lying one the South side of the Creeke swamp Known and Calld. by the name of maverts, which Said land I Give for more or Less, to hir and hir heirs for Ever.
Leaving my loving wife, Sarah Cartright, hole and Sole Executricks of this my Last will and testament, and after hir Deses, the Rest of my Estate to be Eaquelly Devided amongst my five Children.
his
WILLIAM XX CARTRIGHT (Seal)
mark.
Signed, Sealed, published & Delivered in the presents of us:
his
EDWARD E WHORTEN
mark.
his
JOHN J RICHARDSON.
mark
JAMES GREAVES.
NORTH CAROLINA. PASQUOTANK PREC'T. SC.
At a Court held for the sd. precinct, at the court house in Broomfield, the 19th Day of aprill, ano. Domi., 1734, Present His Majesties Justices:
These may Certifie that Edward Wharton & John Richardson, two of the Subscribing Evidences to the within Will, appeared in Open Court and made Oath on the Holy Evengilist, that they were present & saw William Cartwright Sign, Seal & declaire the within to be & Contain his last will and Testament, & that the Sd. Wm. Cartwright, was then and at that time of sound & Disposing memory; and that they also saw James Greaves, the other Subscribing Evidence Sign his name thereto at the Same time.
Then also appeared Sarah Cartwright, Extrix. in Open Court & took the Exctors. Oath in due form of Law.
Ordered that the Secretary have notice thereof that letters test'ry Issue thereon as the Law Directs.
By Order,
JOS: ANDERSON, Cler: Cur:
Copied from the Original Will, filed in the Office of the Secretary of State.
|
112- 113 JOHN CARRUTHERS’ WILL. NORTH CAROLINA.
IN THE NAME OF GOD AMEN. I, John Carruthers, of the County of Craven, and Province of North Carolina, merchant, Being of perfect mind and memory and Calling to mind and Duly Considering the unsartainty of humane life, Do make this, my last will and testament. First and Principally I Commit my Soul into the hands of my blessed maker, trusting in his mercy and in the merits of my Dear Redeemer for the Remission of my Sins; and my Body I Commit to the Earth to be Interred in such Decent and Christian like Manner as to my Executors That seem meet, In hopes of the glorious Resurrection of the last great Day; and as for such worldly goods that providence hath blessed me with, after my Just Debts and necessary Expenses are Contented, Discharged, and payd by my Executors, Which I will shall be first honestly done, then the Remainder I Bequeath in the following manner:
Imprimis. I Give and Bequeath unto my Daughter, Rocksolnnah Witherinton, one Lott of Land lying in Newbern town, and joining Pollocks Streat and Eding Streat, and known in the plan of the Sd. town, by number 98, together with all Houses and appurtenances to the same belonging, and my Deask, unto her, the said Rocksolanah Witherinton, her Heirs and assigns for Ever.
Item. I Give and Bequeath unto my Daughter, Frances Hodges, one Negro girl Cald Carolina, and one feather Bed and one Boulster, 2 pillos, one Blanket, two Steats, and one Countarpen, it being the Bed that I Commonly Lodg on, and all the Cattal that I have yousing at the Francis Hodges Cow Pen, unto her, the Sd Frances Hodges, her Heirs and assigns for Ever.
Item. I Give and Bequeath unto my Son, John Carruthers, my Riding Sadal and Bridal, and gun, and one pr. large money Seals, and my Silver Shubuckels and Knee Buckels, to him, his Hairs and assigns for Ever.
Item. I Give and Bequeath unto my Son, Joseph Carruthers, Six large Silver tea Spuns, and one Silver tea tongs, and Silver Straner, and fore large Silver Spuns for table use, to him and his Heirs and assigns for Ever.
Item. I Give and Bequeath unto my Daughter, Sarah Rice, my gould Buttons I wear in my Sleves, and one Brase Warming Pan with a wooden handal to it, to her and her Heirs for Ever.
Item. I Give and Bequeath unto my two Sons in law, Frances Hodges, and John Witherinton, all my wearing close
| of all Sorts, Except the Buckels and Buttons before menchan'd, to be Equaly Devided Betwen them.
Item. I Give unto my well beloved Wife, Content Carruthers, the Labar or Serves of one Negro man, Coled Hannabal, Dewering the time of her natril Life or the time of her Wedowhud, and at the time of her death or the day of her marrage, my Will and desier is that my Executors, hereafter Menchand, may taek the foreSd Negro, Hannabel, into thear Cear and Persestion, and my Will is that thay may Set him up at Publick Vander to be Sould to the highest bedar for Redy money, and the money arising by the Sale of the fore Sd Negro to be Equaly devided amung my Chilldring that may or shall be then Liveing, and my Will and desier is that the above menchand Negro man Hannabel, may not be Carried out of Craven County with out the Leve or Consent of my Executors.
Item. I Give unto my well beloved Wife, Content Carruthers, the Labar or Sarvis of one Negro woman Coled Enow, dewering the tim of her, ye Sd. Content Carruthers, her Natril life, and at her Deces I Give and Bequeath the fore Sd Negro Woman Coled Enow, to Rebekah McCarthy, to her and her Heirs for Ever.
Item. I Give and Bequeath unto my well Beloved Wife, Content Carruthers, one Negro Woman Coled, Baranton, and all my Horses and all my Cattal that youses on trent, or anyways Belongs to my Cow Pen at my home House, and all my hoggs and Sheep and my Cart and Plows, and axes and hows, belonging to the Plantation work, and all my Howshould goods of all Sorts, Except them before gaven to my Chilldrin, unto her, the foreSd. Content Carruthers, her Heirs and assigns for Ever.
Item. My will and Desier is that my Executors hearafter menchand may and Shall sell all my Lands, and all my Lotts and Houses, and appurtenences thear unto belonging, in New Bern town, and all my trading Stock of goods of all Sorts, to be Sould at Publick vandew to the highest biders, alowing three months Credit, the Purchesars giveing good security for the Payment of the moneys. My will and Desier is that Evry Lott Should be set up Singal, Except them two whear the Long house stands, and with the money arising by the fore menchand Sales, and What Redey money I may have by me, and what money may be Recved of my outstanding debts, my will and desier is that my Executors may pay all my Just Debts and my fewnarl Exspences, and What is Remaning of the above menchand money when my debts are payd, my will and desier is that that Remandar of money may be Equely devided betwen my three sons, William Carruthers, John Carruthers, and Joseph Carruthers, and my daughter, Sarah
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114- 115 Rice, and if my son William Carruthers Shuld not be at the devistion of the money, I desier his Part of the money may Continue in the the hands of my Executors tell he, the fore Sd William Carruthers, Cums for it.
Lastly. I do nominate, Constitute and appint my two sons, John Carruthers, and Joseph Carruthers, Executors of this my last Will and testament, and do hereby utterly Revoke, disallow and disanull all former Bequests, Wills and Legacies, by me heretofore made, Ratifying and Confirming this, and no other, to be my last will and testament.
In Witness whereof, I have hereunto set my hand and seal, the Twentieth day of September, the year of our Lord, one thousand, seven Hundred and fifty one. (and my desk interlined before Assigned in the lour line of the first Side).
JOHN CARRUTHERS: (Seal)
Signed, Sealed, Published and Declared, by the within named tastator, John Carruthers, to be his last will and testament, in presence of us the Subscribers:
her
SARAH X BETSWORTH.
mark
ABIAH BANGS.
SOL: REW.
CRAVEN COUNTY.
February Court, 1752.
These are to Certify, That the within Will of John Carruthers, Deceased, being Exhibited into Court, was Proved by the Oath of Solomon Rew, one of the Subscribing Evidences to the same, Who swore That he saw The Testator sign, Seal & Declare the same to be his last Will and Testament, and to the best of his knowledge was of sound Mind and Disposing Memory; and that he also saw Sarah Betsworts, and Abiah Bangs, the other Subscribing Evidences, sign as such in Presence of the Testator. At the same time John Carruthers, one of the Executors therein mention'd appeared in Court and Qualified according to Law.
Ordered that Mr. Secretary have Notice that Lres may issue &c
Test. PHIL SMITH, Cl. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
EDMUND CHANCEY'S WILL. NORTH CAROLINA, the Fifteenth day of March, 1753.
I, Edmund Chancey, of Pasquotank County, and province aforsaid, being in perfect mind and memory, thanks be Given to god, and Calling to mind the mortallity of my body and knowing that it is appointed for man to die I do here make and ordain this my Last will and Testament, that is first of all, I
| will that all my Just debts and funeral Expences be well and Truly paid by my Executor and Executrix hereafter named.
Item. I Give and bequeth unto my Grand Son, Edmund Chancey, Son of Stephen Chancey, the Easternmost part of my Plantation and for a Division to begin in and by the Southeast Side of the Branch which Runs through Laurance Retons pattent then Runing north fifteen degrees west through the middle of an Island that Lies in an Elbow of the Said Branch four hundred and Ten yards then north thirty five degrees west through my Land Granted to me in two pattents and a Convayance from Laurance Retons pattent and a Deed from nathinel martin according to the Divison aforsaid Give to my Grand Son Edmund Chancey Son of Stephen Chancey to him his heirs and assigns.
Item. I Give and bequeth unto my Grand Son, Edmund Chancey, Son of Jacob Chancey, the middle most part of my plantation adjoining to the Eastermost part begining at the Divison aforsaid, then Runing down the Branch to the mouth of it with a Streight Corse to the main Swamp of newbegun Creek, then Runing up and Joyning to the said Swamp Various Corses to the mouth of a Cypruss Branch which Runs out of the main Swamp, aforsaid, Just below the narrow Sandhills, then Runing up and Joining to the middle of the main fork of it then north Six Degrees west through my Land I Give to my Grand Son, Edmund Chancey, Son of Jacob Chancey, to him his heirs and assigns.
Item. I Give and bequeth unto my Grand Son, Edmund Chancey, Son of Zachariah Chancey, my Sandhills Land adjoining to the west Side of my Grand Son, Edmund Chancey, Son of Jacob Chancey, begining at the mouth of the Cypruss branch aforsaid, then Runing up and Joining to the East Side of the main Swamp, I Give to my Grand Son, Edmund Chancey, Son of Zachariah Chancey, to him his heirs and assigns, but if my Grand Son, Edmund Chancey, Son of Jacob Chancey, Should die without Esue, then it is my will that the Land Should fall to my Grand Son, Edmund Chancey, Son of Stephen Chancey, to him, his heirs and assigns; and it is my will that my Daughter in Law, Rachel Chancey, Shall have the Liberty to Dwell on the Eastermost part of my plantation, and to Enjoy the benefits of it with all the appurtenances thereunto belonging, untel my Grand Son, Edmund Chancey, Son of Stephen Chancey, doth Come to the age of Twenty one years, and for her to pay the yearly Quitrents for the Same, and it is my will also, that my Daughter in Law, Rachel Chancey, Shall have full previlleg and use of the middlemost part of my plantation, and for her to pay the yearly Quitrente for the Same, untill my Grand Son, Edmund Chancey, Son of Jacob Chancey, doth Come to the age of Twenty one years.
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116- 117 Item. I Give and bequeath unto my Son, Daniel Chancey, five pounds, Virginia money, and my Two Servants, Jack Spanyerd boe and Spanyoll Boe, During the time of their Servitud, by their Indenters, and Two feather Beds and Bolsters, and and Two Ruggs, and all my wearing Cloths, and my Riding Saddle and Bridle, and Sorrel mair, and Three young horses, and Two Large pewter Dishes, and Two Small ones, and Two Large pewter Basons and one Small one, and one Dozn. of Spoons, and Two midling Iron pots, and a full pot, an one Gun, and my Large Bible, and a pair of Brass Scales, and five weights, and one Iron Skillet, and Ten pounds of woll.
Item. I Give and bequeth unto my Son, Zachariah Chancey, one Shilling, Sterling money, to Cut him off from my Raiel and personal Estate, because of the wickedness that he Committed in my house in the time of my absence.
Item. I Give and bequeth unto my Daughter in Law, Rachel Chancey, my white mair, and yearling horse named Trip and go, and my mair named Trim and her Encreas, and a Spice morter and pestel, and Currying knife, and all my Coopers and Carpenters and Shoe makers Tools, and my Stakle, and Three Iron weges, and all my home Spun Linning, and wolling Cloth, and all my Thread thereunto Relating, and one Brass Candle Stick, and one box Iron, and Two heters, and Three Supe plates, and all my Sifters, Three Iron pots, one Large and Two midling and a brass kittle, and a Iron Skillet, and one frying pan, Two pair of pot hooks, and Two pair of Tongs and one pair of Stilerds, and a Tin funnel, and Three Vhests Two in the outward Room and one heigh Chest, and half my Leather, and Two feather beds, and Two Bolsters, Two Ruggs and one pair of Blankets, one pair of Sheets, and Two Bedsteads and Cords, and a Large Dish and Two middling ones, and one Lare pewter Bason, and a midling one, and one Small one, and Six pewter plates, and one full pot, and a par of Talers Shears, and a Looking glass, and one Dozn. of Spoons, and one pewter Chamber pot, and all my Chears, and Two Juggs, and all my Round Bottles, and a Gun, and my wolling and Linning wheals, and Sixteen Barrels of Corn, and four hundred and fifty pounds of Dryed Meat, and Three Galllons of fatt, and Two Bushells of Salt, and my Sope, and one Quarter part of my Sweetning, and my work horses Named Rone and Roney, and Baul and Huzzes Two year old horse, and all my plows, hoes and axes, with the gears, and on grind Stone, one pair of mill Stones, and my woll Cards and Eight Cows and Calves or yerlings, and four Stears, one Quarter part of my hoggs, and my wheat patch, and all my black peper and all my flax and woll and Sheep, and also my Servants bob boe, and Rachel boe, and frank boe, and her Two Children, Durin the time of their Indenters.
| Item. I Give and bequeth unto my Grand Daughter, Mary Chancey, Daughter of Jacob Chancey, one feather bed and a Bolster, and a Rug, and a blanket and a Sheet and Six Spoons, and Two Iron pots, and a full pot, and a brass Candle Stick, and Three pewter plates, and a pewter Bason, and a frying pan, and Three Sheep and Two Cows and Calves, Two Saws and Six Shotes, and one dish.
Item. I Give and bequeth unto my Grand Son, Edmund Chancey, Son of Jacob Chancey, Two Cows and Calves, and Two Sows and Six Shotes and Three Sheep, Two pots and a Pewter Bason, a Dish and Three plates, & two Razors and a hone.
Item. I Give and bequeth unto my Grand Daughter, hannah Chancey, Daughter of Zachariah Chancey, one yearling mair Colt and one Iron pot.
Item. I Give and bequeth unto my Grand Son, Edmund Chancey, Son of Zachariah Chancey, one Cow and Calf, and Two Iron pots, and my will is that my grand Daughter, mary Chancey, and my grand Son, Edmund Chancey, and my grand Daughter, Hannah Chancey, and my grand Son, Edmund Chancey, Son of Zachariah Chancey, Shall have their Legacies which I have Given them Delivered to them within Three months after my Deceas, and they Shall Run all Resks and hazards of Loses of whr I have given them.
Item. I Give and bequeth unto James Furbish, my Book no Cross no Crown.
Item. I Give and bequeth unto my Grand Son, John Bakor, all the Remainder part of my Books.
Item. I Give and bequeth unto mulato Jack Ten Shillings Cash.
Item. I Give and bequeth unto my Daughter Ruths Children, viz: John Bakor, mary Degrafenred, Blake Bakor, Sarah Bakor, Ruth Bakor, and Zadock Bakor, all the Remainder part of my personal Estate to be Eaqually Divided among them.
Item. I do hereby Constitute, make and ordain my Grand Son, John Bakor, to be my Executor, and my Daughter in Law, Rachel Chancey, to be my Executrix to this my Last will and Testament and I do hereby utterly Disallow Revoke and Disanul all and Every other former will by me in any wise made Ratifieing and Constituteing this to be my Last will & Testament.
In witness whereof I have hereunto Set my hand and Seal, the day and date above Ritten.
EDMUND CHANCEY (Seal)
Sined and Sealed by the Said Edmund Chancey, as his Last will and Testament in the presents of us the Subscribers:
Test. JONATHAN REDING.
ROBERT HALL.
WM. SWANN.
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118- 119 NORTH CAROLINA, PASQUOTANK COUNTY. SS July Court, Annoq Dom, 1753. Present His Majesties Justices.
These may Certifie that Jonathan Reding and Robert Hall, Two of the Evidences to the within Will, appeared in open Court and made Oath on the Holy Evangelist that they ware present and Saw Edmund Chancey Sign, Seal, publish and declare the within to be and Contain his last will and Testament, And that he, the said Edmund Chancey, was Att that time of sound and disposeing Memory. And that they also Saw William Swann, the other Evidence Sign his Name thereto att the same time. Then appeared Rachel Chancey, Executrix, and was duly Qualified as Such.
Ordered that the Honorable James Murray Esqr Sec. have Notice that Letters Testamentory issue &c. dated att the Clarks office the 18nth day of July, Annoq. Dom., 1753.
Test: THOS: TAYLOR Ck Co
Copied from Original Will filed in the Office of the Secretary of State.
RICHARD CASWELL'S WILL. IN THE NAME OF GOD AMEN. I, Richard Caswell, of Dobbs County, in the State of North Carolina, Do this second day of July, in the Yiear of our Lord, one thousand, Seven hundred and eighty seven, make and declare this to be my last Will and Testament as the one I made on the death of my dearly beloved son, William Caswell, will not suit withe my present circumstances, I declare that and all former Wills and Testaments by me made, null and void, holding this and this only for firm and effectual, which is as follows:
First, I reserve for the use of a burying ground for all those of my family and Connections who may choose to bury their Relations and friends there, one half acre of Land where the Bones of my dear father and Mother lie, at a place called the Hill, to be laid out East, West, North, and South so as to leave those Bones near the centre of the said half Acre of Ground, and I also reserve in like manner, one half Acre of Land where the Bones of beloved wife (and) and son, William, now lie near the red house, to be laid out in the same manner and for the same purpose as the above half Acre is directed; and these two half Acres to be reserved for the uses afores'd for ever. And its likewise my Will that those who wish to bury their Dead at either of the said places and coming with in the meaning of the description above, shall always have liberty of Egress, Ingress and regress to, at and from the said respective burying grounds to bury the dead or repair or raise an enclosure to the same.
Secondly, To prevent any kind of Dispute which might arise between my Brother, Martin Caswell, or his heirs or Assigns with those claiminge under me, I declare all the Land comprised within his Title from Samuel Caswell or the Title to Samuel
| Caswell or Nathaniel Bird, I have no claim to, notwithstanding my patent may be of a Younger date, than the Deed I granted to Nathaniel Bird for the same.
Thirdly, Whereas, my Brother, Samuel Caswell, in his life time and myself, agreed for two hundred acres of Land whereon he lived, immediately before his death, which was to begin at Mackilwean's (corner) corner next the river, near Mrs. Skiners dwelling and run up Mackilweans to Dosiers out corner, then with his line to the flat branch near the end of Mr. Coasts feild, then with the side of the said Flat and high Land down to where a small branch empties into the said Flat branch, which runs through Keilings old field, then a direct line to the mouth of the Cypress Gut, then down the river a small distance to Boxes corner, then with his line out to my corner, and then to the Beginning, which included part of Dosiers, Keilings, Boxes and my own former claims, for three hundred pounds and notwithstanding a very small part of that Sum was paid me in my said Brothers life time, and knowing it would very much distress his family was I to require the remainder, therefore, I leave the use of the Land aforesaid with the plantations and appurtenances to my Sister, Eleanor Caswell, the widow of said Brother, untill her son, Shine Caswell, arrives to the age of twenty one Years, at which period I give and devise the same to him, the said Shine Caswell, his heirs and Assigns for ever.
Fourthly, I give to my Grandson, Richard William Caswell, a negro boy named Boson, and his assigns for ever.
Fifthly, I give to my Grandson, Richard Francis Mackilwean, a Negro boy named Daniel, and to his Assigns forever.
Sixthly, If Jonathan Morris chooses to take the Land whereon old Jack lives, which I bought at the vendue of Richard Caswell, Junrs: estate at the price I gave for it, I desire that the Title may be made to him for the same.
Seventhly, Whereas, I purchased at the Vendue of the Estate of my Son, Richard Caswell, one Lot and half a Lot of Land in Kinston, with the house wherein Mrs. Caswell now lives, and the appurtenances, one Negro Woman named Sarah, one Negro girl named Sall, one Negro boy named Charles, and one Negro boy named Jim, which Lot and Half and premisses, with the said Negroes, I leave the use of to my Daughter in Law, Mary Caswell, untill my Neice, Sarah Caswell, her daughter, arrives to the age of eighteen Years, if my said Daughter should so long live, and at that period or at the time of my said Daughters Death, if it should happen before my said grand Daughter arrives to the age aforesaid, I give, devise and bequeath the said Lot, half Lot, and premises with the said Negroes, to my said Grand Daughter, her heirs and Assigns forever, to be delivered over to her free of any charges or
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120- 121 incumbrances on account of the maintenance and support of my said Grand Daughter. And as it is uncertain into whose hands she may fall, or it may so happen that she may fall into distress unless provided for by me, I therefore desire the Executors of this will in such case to find her reasonable and decent support, in cloathing and board, and attend to her Schooling and Education, which they shall thenselves pay to those who may be intitled to receive the expences of the same, without its going through other hands, and shall be a charge against my Estate, which Support in the case aforesaid, I direct shall be made and continued to her untill she arrives at the age of eighteen years or marries.
Eighthly, And, as I have heretofore virtally given to my Daughter, Anna Fonvielle, the land I hold on the East side of the Atkin branch from the road down to the river and down the same to the mouth of the Cypress gut, bounded by the lines, from thence, of the Land herein given to Shine Caswell, and John Coasts lines and my own lines to the road, and then with the road to the Beginning, including all the Land I claim adjoining the atkin and Neuse, below the road, is what is called the walnut Hill and contains about three hundred acres. I have also verbally given to my said daughter, Anne, Negroes, Peter and his wife Barbara, and Doll, these verbal gifts I now confirm to the said Anna Fonveille, her heirs and Assigns for ever.
Ninthly, Whereas, I am engaged to pay very considerable Sums of Money on Account of purchases made of my dear son, Richard's estate, and as the articles then purchased will by no means bring a sum sufficient, and as I cannot now discrimintate what of my property may be best to dispose of, to raise money sufficient to pay all my debts, I hereby direct the Executors hereof or such of them as may be acting at the time it may become necessary to dispose of such part of my real or personal estate, as he or they Judge necessary and on such terms, tho I think twelve months credit will be best, may appear most for the advantage of my Estate and I hereby empower such Executor or Executors to make Legal and authentic conveyances to the purchasers for the same.
Tenthly, After my Debts are paid and the expences of my household, and Schooling of my children, with every other incidental charge so as a fair and just inventory of the remainder of my estate can be made, of both real and personal property, I require my Executors or acting Executor to return such inventory with his or their Account of the whole transactions relative to my estate, to my friends, Spyers Singleton, Robert White, John Herritage, Jesse Cobb, Francis Childs, Simon Bright, Joshua Croom, Benjamin Caswell and John Coart, or the majority of them or of the Survivors of them, and I request
| such majority, will arange the personal estate into five equal divisions or parts as near as may be, of which parts, I give my wife, Sarah Caswell, one, which I request she may be allowed to choose, at the same time I request such majority of my friends may set apart for my said wife, in lieu of her dower of my Lands, as she may choose to live on, and such part I leave her the use of during her Natural life; the other four remining parts of my personal property, I request may be drawn for by my three sons, Winston, Dollam, and John, and my daughter, Susannah, and such part as they shall respectively draw I give to the drawer of the same forever. The remainder of my real Estate, I give in like manner, and recommend an appraisment to be made by my friends or a majority of them, or the Survivors of them, so as to assertain the value, and then to put them in four Lots as nearly equal as may be, those Lots to be drawn by my aforesaid four children, Winston, Dallam, John and Susannah, and such Lot I give to the respective drawers, his or her heirs and Assigns forever.
Lastly, I nominate and appoint my said Sons, Winston, Dallam, and John Caswell, Executors of this my Last Will and Testament, that is to say, Winston to act alone untill Dallam arrives at twenty one Years of age, then those two to Act untill John arrives to the age of Twenty one years, after which the whole to act as Executors ’till the business is compleat, and I appoint my good friend James Glasgow, in trust to advise and direct the due Execution hereof, which I beg he will attend to.
In Testimoney of the premises, I have hereunto Set my hand and Seal, the day and year first herein written, contained on five sides.
R. CASWELL, (Seal).
Executed in presence of us, who have subscribed our names as Witnesses in presence of the Testator, and of each other:
SIMON BRIGHT.
JAMES BRIGHT.
A Codicil to the foregoing last will and Testament of Richard Caswell, made and executed the same day of the will and is to be considered as a part of the same, that is to say, I give to my son, Winston Caswell, Negroes Venus and Diamond, and to his Assigns for ever, to be appraised in like manner and by the persons named in my will, and the Value deducted from his one fourth part, with my Sons, Dallam and John, and Daughter, Susannah.
It is further my Will, that in case of the death of any of my now living children, to wit, Winston, Anne, Dallam, John and
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122- 123 Susannah, before marriage, arriving at lawful age or legally disposing of any of the property, herein given, then, that such property shall go to my surviving children and their heers and Assigns, to hold for ever.
Witness my hand and seal which is affixed to the string that binds these two sheets together.
R. CASWELL. (Seal)
Executed in presence of:
SIMON BRIGHT.
JAMES BRIGHT.
STATE OF NORTH CAROLINA, DOBBS COUNTY. January Court, 1790.
Then was the within Last Will and Testament of Richard Caswell, deceas'd, exhibited into Court and proved by the oaths of Simon Bright and James Bright, the only Subscribing witnesses thereto, who swore that they saw the Testator sign, seal, publish and declare the same to be and contain his last Will and Testament, and that they also say him Sign and Seal the Codicil thereto, and acknowledged it to be apart of his Will; and to the best of their knowledge, he was at that time of perfect mind and memory.
At the same time, Winston Caswell, one of the Executors therein named, appeared and Qualified as such. Ordered that Letters Testamentary issue accordingly.
Test. W. CASWELL, Clk. C.
STATE OF NORTH CAROLINA, LENOIR COUNTY.
I, Simon Bright, Clerk of the County Court Aforesaid, do hereby Certify that the foregoing is a true Copy from the Original Will & Probate thereof, now remaining in my Office. And that Dallam Caswell, one of the Executors therein named, is the only (now) Surviving Executor to said Will.
Given under my hand and the Seal of the County, at Kinston the 20th. day of July, 1799.
SN. BRIGHT, CLER.
(Official Seal)
Copy of Original Will, filed in the Office of the Secretary of State.
MATTHEW CASEWELL'S WILL. IN THE NAME OF GOD AMEN, this Twenty Fourth Day of March, Seventeen Hundred and Fifty Four. I, Matthew Casewell, of Tyrrell County, in the Province of North Carolina, planter, Being sick and weak in Body, but of Sound and perfect Memmory, thanks be Given to God for the Same, Therefore calling to Mind the Mortality of my Body & knowing that it is appointed for all men once to Die; do make and Ordain this my Last will and Testament, In the form & Manner Following, That is to say: principaly and First of all, I Recomend my Soul unto the hands of God who gave it me & my Body to the Earth to be Buried in a Decent Christian Buriall at
| the Descresion of my Exers. hereafter Named; And as Touching Such Worldly Estate wherewith it hath ben pleased God to Bless me in this Life, I Depose of the Same in the Manner & Form following:
Imprimis. I Give & Bequeath unto my Beloved son, Matthew Casewell, the plantation and Two Hundred and Twenty Acres of Land, being the Land formerly Belonging to Edward Phelps; and Likewise Twenty two Accres of Land out of the Loghouse Survey Joyning on Samll. Spruill Line, Known by the Name of the Back Ridge, Unto Him & His Heirs & Assigns for ever.
Item. I give and bequeath to my beloved Son, Samuell Casewell, my Log House plantation with Two Hundred Acres of Land Belonging to the same.
Item. I Give and bequeath to my Beloved Son, Elisha Casewell, my Manner plantation which I Live on, with one Hundred Thirty And Six Acres, more or Less, to him, his heirs and Assigns for Ever.
Item. I Give and Bequeath to my Beloved Daughter, Joanna Casewell, the Land Called ye Red Banks, with one hundred acres of Land Joyning the plantation, to her, her Heirs and Assigns for Ever, with Twenty Two Acres of Land in the Log House Survey, Joyning her Brother Matthew.
Item. I Give and bequeath to my beloved Daughter, Eiza. Casewell, the plantation and Land belonging to the Same, known by the Name of Briffits Island, to her & Her Heirs & assigns for Ever.
Item. I Give and bequeath to my Beloved Daughter, Jemima Casewell, the plantation and Land Belonging to the Same, Known by the Name of Addesons Island, and Likewise my part of the Tract of Land Surveyd between me and James phelps, Sen., Lying on the East Side of Scuppernung River &c., To Her, And Her Heirs and Assigns for Ever.
Item. I Give and Bequeath to my Daughter, Tabitha Casewell, Two Hundred acres of Land known by the Name of the Log House Land, Joyning my Son, Samuell, to Her and Her Heirs and Assigns for Ever, or forty Pounds, Proc'l., my Son Matthew haveing the Refuise, Then Samuell.
Item. I Give and Bequeath to Casewell Hassell, one Cow, Calfe & Her Increase.
Item. I give and Bequeath to my well Beloved Wife, Elizabeth Casewell, One Third part of all my personall Estate, The Remainder to be Equily Devided between my Children, to be Divided at the Descresion of my Exrs.
Item. I make, Constitute and Ordain my Beloved Wife, Elizabeth Casewell, Executrix, and my beloved Father in Law, Samuell Spruill, and my Son, Matthew Casewell, Exrs. of this my Last will & Testament, Utterly (Disannuling all other)
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124- 125 Allowing this and no Other to be my last Will and Testament.
In Witness whereof, I have hereunto set my Hand & Seal, the Date above written.
his
MATTHEW M C CASEWELL (Seal)
Marke.
Signed, Sealed, published, pronounced and Declared by the sd. Matthew Casewell as his last Will and Testament, in the Presence of us:
JOSHUA TURNER, Jurat.
ROBERT ELTON.
EDWD. PHELPS.
, TYRREL COUNTY, ss. June Court, 1754, Present his Majesty's Justices:
These may Certify that Joshua Turner, one of the Sibscribing Evidences to the within Will, came into Open Court and made Oath on the Holy Evangelists of Almighty-God, That he Saw Matthew Casewell sign, seal, pronounce & Declare the within Writing to contain his last Will & Testament; and at the same Time he saw Robert Elton, & Edward Phelps, sign their names as Evidences to the same. Then appeared Samuel Spruel & Mathew Caswell, Executors & Qualified themselves as Exec'rs., by taking the Oath as the Law in such Cases Directed.
Ordered That the Hon'ble James Murray, Esqr., Secretary of this Province have notice thereof, that Letters Testamentary Issue accordingly.
Test. EVAN JONES, Cler. Cur.
Copied from Original Will, filed in the Office of the Secretary of State.
THOMAS CLIFFORD'S WILL. SC.
IN THE NAME OF GOD AMEN. I, Thomas Clifford, Esqr., late of Charles Town in South Carolina, but at present residing in New Hanover Precinct, in North Carolina, Do Make and declare these presents to be and contain my last Will and Testament:
Imprimis. I Will that all those Debts which I owe in Right or Conscience be truly and Justly paid by my Executrix hereafter named within some reasonable time after my decease.
Item. I Give, Devise & Bequeath unto my Loving wife, Mary, all the rest & Residue of my Estate whether Real or personal, to her and her heirs and Assignes for ever.
Hereby naming, Constituting and appointing my said wife, Mary, Sole Executrix of this my Last Will & Testament, Revokeing all other Wills by me heretofore made or Declared.
In Testimony whereof I have hereto put my hand and Seal, this Nineth day of October, Anno Dom., 1735.
T. CLIFFORD (Seal)
| Signed, Sealed, published and Declared In presence of:
M: MOORE.
ELIZA: SWANN.
E. MOSELEY.
NORTH CAROLINA:
Personaly appear'd Maurice Moore, Esqr., one of the Evidences to the within Last Will and Testament, who being Sworn on the holy Evangeist of Almighty God, saieth, That he saw Thos. Clifiord sign, Seal a declare this to be and contain is Last Will and Testament, and that he was of sound mind and disposing memory, and that he saw Eliz: Swann and Edward Moseley sign as Evidences thereto at the same time.
GAB. JOHNSTON.
Copied from Original Will filed in the Office of the Secretary of State.
JOHN COLLINS’ WILL. IN THE NAME OF GOD, AMEN, the 27 Day of Dissember, 1749, I, John Collins, of Bartee County, in the Province of North Carolina, Being sick and weake in body, but of Perfect mind and memory, thanks be unto God, therefore calling unto mind the mortality of the Body, knowing that itt is appointed for all men once to Dye, do make and ordain this my last will and testement, that is to say, principally, and first of all, I give and recommend my sole into the hands of God that gave itt, and my Body I recommend to ye Earth to be bured in a decent christan Burell, at the discretion of my Executors, nothing doubting but at the General Resurrection I shall recive the same by the mighty power of God, and as touching such worldly Estate, warewith itt hath pleased God to bless me in this liffe I give, demise and dispose of in the following manner and form:
Imprimis. I give and bequeath to my Son, William Collins, all that track of land lying on Casshi River, a plantation purched of Jonathan Standlye containing two hundred Eakers, to him and his hears and asigns for ever, and a pare of Iron pot Racks.
Eitom. I give to my Granson, John Collins, a bras kitell, to him and his hears for ever.
Eitom. I give to my two Sons, John and David Collins, each of them a Bible.
Eitom. I give and bequeath unto my Son, Joseph Collins, a Plantation lying the north side of Guy hall Swamp, purtered of hardy Keele, containing one hundred and fifty Eakers at the beginnin, End to him and to his Ears and asigns for Ever. all so, I give him my Cooper Tools and two Ews and Lambs, an a Cow and Calfe.
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126- 127 Eitom. I give and bequeath unto my Son, Mikell Collins, my Surva that lys on Red bud, containg three hundred Eakers, to him and his Ears for ever. Also, I give him a neagro Boy named Robin, and if my said Son should die without hears of his body, then I give the Neagro to my Son Jessee and to his Ears. all so, I give to Son Mikell a black Warnut table, and a Cow and Calfe and a puter dish, except two Days in weak for my Wife.
Eitom. I give and bequeath unto my Son, Demsee Collins, a plantation that henry Ballentin formerly lived on, parte of the tracte of land that I bote of Hardy Keele, lying on Gie hall Swamp by at the lower Ende of the said lane Contain one hundred and fifty Eakers to him and to his Ears and signs for ever. also, I give him an Ovel Table, mad of Maple. also, I give him Cow and Calf, and a puter dish, and a neagro man called toney, to him and his Ears for Ever, an in Case my said Sone should die before he hath anny lawfull Ears, then this Neagro I give to my Son Joseph, an to his Ears, two days every weak to worke for my Wife duering life.
Eitem. I give and beques to my Son, Jesse Collins, my Plantasion I now live on with three hundred Eakers of Land, to him an his Ears an asigns for Ever. also, I give him a Case with fifteen botells, an a feather Bed and furnetude, an two Cows an Calves, an puter dish to him and his Ears for Ever.
Eitem. I give and bequeth to my Son, Absolum Collins, two hundred and forty seven Eakers of land, part of the survaye that I now live on, begining on the deep Branch an so runing to the head line, itt tis the Eastard side of my plantasion, an so to the patine line for breath. all so, I Give him a neagro garl, named Venus, and in case my said son should dye befor he Come to age of twenty one years, then I give this negro to my Son Jessee. I Give the first Child this negro girl bring, if itt live tell one yeare old to my Son Jessee. I all so give my son, absalom, a feather bed and furnetude, an a Cow an Calfe, a bel, metell morter and pessel, and a puuter dish an my Sorell Mare.
Eitem. I Give and bequeth to my well beloved Wife a fether Bed and furnetude, and my horse and hur Sadle, one Pott, two basens and dishes two, and a Chist to Shee and hur Ears for ever, and two days qorke of my two neagro fellows du life.
Eitem. All the Remainder of my Estate within and without, that is after my Just debt is fully satefide and paide, I give to my Wife and six Sons, William, Joseph, mikell, Demsee, Jessee an sbsalom, to be Eacally devid among them all, and my Will and desier is that my Estat shall lie in the hands of my Executors tell the youngest come to the Eage Eighteen
| years, and not to be sold but to have thare Estate as they come to age of Eighteen years. I doe apint my well beloved Wife and my Sone Mikell to be, I Leave my whole and Sole Exectricks and Execetor, and I do Revke, disanull and disalow of all other Wills made by me or in my name, Ratefying and confirming this to be my lasy Will and testament.
In Witness whareof I have hereunto set my hand and Seale, interlined before asined.
JOHN COLLINS (L. S.)
MOSES HILL,
JETHRO ROUNTREE.
EDENHOUSE, 18th March, 1752.
This Day Moses Hill & Jethro Rountree, the two Sunscribing Evidences of the last Will & Testament of John Collins, appeared before me & made Oath that they saw the Testator Sign, Seal & Deliver the same as and for His last Will & Testament, and that at the signing thereof He was of sound & disposing mand & memory. At the same time Michael Collins & Mary Collins, Executors appointed by the said Will qualified themselves as Executors by taking the Oath appointed by Law for that Purpose.
GAB. JOHNSTON.
Copied from Original Will filed in the Office of the Secretary of State.
MARY CONWAY'S WILL. NORTH CAROLINA.
IN THE NAME OF GOD AMEN. I, Mary Conway, of the Town of New Bern, in the province aforesaid, Widow, being sick and weak in body, but of sound and disposing mind, memory and understanding, thanks be to God for the same, Do make and publish this my last Will and Testament, in manner and form following: (that is to say), First and principally, I recommend my Soul to Almighty God that Gave it, and my body to be decently interr'd at the Discretion of my Executors hereafter named; and as to the little worldly Estate which it hath pleased God to bless me with, I Give and dispose thereof as follows:
I Give and bequeath unto Margaret Gordon, Daughter of Mrs. Mary Gordon, One large Gold Ring, and my clouded silk sack and petticoat, as a token of my friendly regard to her.
Item. I Give and bequeath unto Susannah Wrenford, Wife of Edmund Wrenford, and Elizabeth Elmsley, all the rest and residue of my wearing apparel, silk and Linen, she the said Susannah Wrenford, first making choice of such part thereof as she shall think proper.
Item. It is my will and desire that my Executors hereafter, Do and shall sell and dispose of all my Household ffurniture, together with a Lott of Land in the said Town of New Bern, bought of John Fowler, in order to pay and satisfy my just Debts and Funeral expences, but if the same is found not
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128- 129 sufficient for that purpose, that in such case they sell and dispose of such other parts of my personal Estate as may be most useless to my Son, William Conway, when he shall attain the Age of Twenty one Years, or they shall in their discretion think proper, earnestly recommending to them, if possible, to preserve and keep together all such Negroe Slaves as I may die possessed of, to the intent that they may be hired out for the benefit of my said son, and defraying the charges of his maintenance and Education during his Minority.
Item. I Give and devise and bequeath unto my said Son, William Conway, all and singular, my plantations, Lands, Houses and Lotts, in the Town of New Bern, aforesaid, and also my Negroe Slaves, male and female, together with two pair of Gold Buttons, and the residue of my Gold rings, when and as soon as he shall attain the Age of Twenty one Years, but if my said Son, William Conway, shall happen to die before he shall so attain the Age of Twenty one years as aforesaid, I Give, devise and bequeath unto my Esteemed Friend, Edmund Wrenford, All and Singular, my said plantations, houses and Lotts in the Town of New Bern, as aforesaid, to Hold to him, his Heirs and Assigns for ever. And I do earnestly intreat my Executors to pay a strict regard to the Educating of my said Son in such manner as shall be necessary to qualify him for such Business or profession as his Genius shall most incline to.
Lastly, I do hereby Nominate, Constitute and appoint my Good friends, John Hawks; Esquire, and the said Edmund Wrenford, Executors of this my last Will and Testament, hereby revoking all former Wills by me made, declaring this to be my last Will and Testament.
In Witness whereof, I have hereunto set my hand and seal, this Seventeenth day of August, in the Year of our Lord, One thousand, seven hundred and seventy four.
MARY CONWAY. (Seal)
Signed, Sealed, Published and declared by the said Testatrix, as and for her last Will and Testament, in the presence of us who in her presence, and at her request, and in the presence of each other, have subscribed our Names as Witnesses hereto:
JOHN BONNER.
JOSEPH DOWSE,
HENRY VIPON.
The above last Will and Testament of Mary Conway, was proved before me, this 26th day of August, 1774, by the oaths of Joseph Dowse and Henry Vipon, two of the subscribing Witnesses thereto, who swore
| that they were present and did see the said Testatrix sign, seal, publish and declare the same to be and contain her last Will and Testament; and that at the time thereof she was of sound and disposing mind and memory. And Edmund Wrenford, one of the Executors in the said Will named, having taken the oaths of Executors, and qualified agreeable to Law. It is Ordered that Letters Testamentary issue thereon accordingly.
JO. MARTIN.
Copied from Original Will filed in the Office of the Secretary of State.
JOHN COTTON'S WILL. IN THE NAME OF GOD AMEN. I, John Cotten, of Bartie Precinct, in North Carolina, Gent., being Sick in body but of perfect Sence & Sound memory, blessed by God, doe mak and ordaine this to be my Last will and & Testament, in manner and forme folowing, Viz: first,
Item. I Give to my Son, John Cotten, Three Hundred and twenty acors of Land, be it more or Less, whar he now Lives, on the west Sid of Ahorskey Marsh, to him and his heairs for Ever.
Item. I Give to my Son, William Cotten, one hundred and fifty acors Land, be it more or Less, lying in the oserow (?) Meadows, whar he now Lives, beginning at a Marked hickory at my upermost Line, So runing down a line of Marked Trees to the Lower most line, to him and his heairs for Ever.
Item. I Give to my Son, Samell Cotten, a Neack of Land whar he now Lives, be the Saime mor or Less, and parte of a Survay that I bought of Charles Stevenson, being a hund. acors mor. or Less, to him and his heairs for Ever.
Item. I Give to my Son, Thos. Cotten, all the Remainder of my Land bought of Charles Stevenson, it is northerdly of william Cotten, and Containes Three hund and forty acors, being a neck Called, the Green pond neck, to him and his heairs for Ever.
Item. I Give to my Sons, arthur Cotten and James Cotten, my Lowermost Survay Land on fishing Creek, to Eaqualey devided betwixt ym, to them and their heairs for Ever.
Item. I Give to my Son, Joseph Cotten, to hundred acors Land and to be taken oute of my uper Survay on fishing Creek, to him and his heairs for Ever.
Item. I Give to my Son, Alexandr Cotten, one hundred acors Land out of my uper Survay on fishing Creek, to him and his heairs for Ever, and the other three hundred acors to be Equaley Devided be twen my my Sons, John Cotten, william Cotten, and Samll. Cotten, to them and their heirs for Ever.
Item. I Give to my Son, Arthur Cotten, one Neagerow Man Naimed Meingo, butt Except the Labour and Sarvice of the
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130- 131 sd. Neagerow, to be preformed and don for my Loveing wife, Martha Cotten, deureing her widowhood, and my sd Son, arthur Cotten, to be and Goe for himSelf when he Shall arrive at the age of 18 Years.
Item. I Give to my Son, James Cotten, one Neagerow boye Naimed peter, to him and his heairs for Ever, and that my Son, James Cotten, May Goe and for himself when he Shall arrive att the age of Eighteen Years.
Item. I Give to my Son, Thos. Cotten, one Neagroe Gerlle Naimed Rose, To him and his heirs for Ever, but Except the Labour and Sarverce of the sd Neagrow Geirll to be for and with my Loveing wife, Martha Cotten, deureing her widowhood, and that my Son, Thos. Cotten, be free and and Goe for him Self when the sd. Thos. arrive at the age of Eighteen Years.
Item. I Give to my Son, Joseph Cotten, one neagerow boy naimed Toney, to him and his heairs for Ever.
Item. I Give unto my daughter, presseler Cotten, one Neagerow woman, named Mooll, to her and her heairs for Ever, butt Except the youse and Labour of the sd Neagerow to be for my Loveing wife, Martha Cotten, Dewering her widowhood.
Item. I Give to my Son, alexander Cotten, one Neagerow man, naimed Guge, butt Except the Sd. Neagerows Labour and Survice to be for my Loveing wife, Martha Cotten, During hur widowhood.
Item. I Give to my Son, william Cotten, one new feather bead and a woosted Sett Ruge, and one Large fine blanket, and a Sheate, to pewter bassons, and to pewter dishes, three Cowes and Calefes, to yearlings, and one three year ould heifer, and Eight Soues with their In Creese, and one baye Gelding horse, and one Large barow or Spayed Sow, and a pateran of fine druged for a Sute of Close, Coate, bretches and Jacket and Triming answreable, and fifty bushalls of oyster Shells. And all that parsell of plank that wase Sawed for the meill work, to Euqualie devided betwene my Sd. Son, william Cotten, and my Son, Samll. Cotten.
Item. I Give to my Son, Samll. Cotten, a p'terne of fine druged to make him a sute of Close and Triming answrable, which Cloth and triming is to be answare and Euqualey devided betwixt my Sonn, william and Samll Cotten.
Item. To my Son, Samll. Cotten, I Give one feather bead known by the naime of the Trundle bead, and a blew wostde Sett Rugg, and one blanket and Sheate, and one Square fraimed warnut table, and three Cowes and Caveles, and an in broke hors of to years ould, to puter bassons, and to puter dishes, and fifty bushells of oyster Shells, and to Each of my Sons, Samll and wm Cotten, a large Sheare, to purches Ym nails to buld them a howse, Each &.
| Item. I Give to my Son, Alexander, Eight Sowes with their increese, and Three Cowe, one heifer yearling, and one to year ould Steare, and one three year ould Steare.
Item. I Give to my Son, John Cotten, all the Stock of both hoggs and Catte that is now in his persesion of my Marke, and fifty bushalls of oyster Shells.
Item. I Give to my daughter, Susanah Cotten, the feather bead whar on She lyes with all its furneture.
Item. I Give to my Son, Thos: Cotten, one Sute of new Courteins of ablew Couller, one Large fine bead Tick, one wosted Sett Rugg, and one Large fine blankett. I Give and bequeath to my Loveing wife, Martha Cotten, my bead whar on I lye with all its furneture, Courtens, Rugg, blankets, Sheates, pelowes, and one Large new fine blanket and Quelt, beSides, and bead Stead Corde and matt. and,
Item. I Give to my Son, alexander Cotten, as much dewroys which is now by me, as will make him A sute of Clothes.
Item. I Give to my Sons, alexander and Samll. Cotten, as much Striped holan, as will Make Each of ym a Jeacket and Bretches and Trimeing to it. And I give & bequeath to my Loveing wife My Rideing horse, Calling his Name blaise, and a Sid Sadle.
Item. I Give to my Son In Law, John Tomas, one puter dish.
Item. I Give to my Son in Law, Capt. John Spears, one puter dish.
Item. I Give to my daughter, Mary holand, one puter dish, and the use of the above neageroes is Left to my Sd wife for hur own and my Sd fower youngest Childrens Maintaneance during her widowhood.
Item. I Give to my Son, Joseph Cotten, three wethers and a Ramm, to yewes and a Lam.
Item. I Give to my Daughter, Martha Benton, Late widow of frances Benton, decesed, Three Ewes with their in Crease.
Item. I Give to my Sons, wm. and Samll. Cotten, 20 pound of feathers, to be Equaly devided Inlargen their beads.
My will is furder, that my mill Stones, Spindle, Jaks and peecks, to be Sould for Silver Money, and that to be Equaley devided betweixt my fower Small Children, arthur, pesseller, James, and Thos. Cotten, and all the Remd. of my Estate, both with in and with oute dores, I Leave to my wife and fower Small Children above named, to be Eaqualey devided.
Item. I Give to my Daughter, Susanah, as Much fine Silk Stufe as will mak hur a Sute of Clothes, and my will is that my mair that runes in Tormenteing nack, the first Coult She Bringes, may be for my Son, arthur Cotten, and if the Sd mair lives to bring Aney more Coultes may be for my Son, James and Thos Cotten. and,
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132- 133 Lastly, I doe apoint My Loveing wife to be Exetrs. of This my Last will and testment, butt Nomonate and apoint My Loveing friend, Thos Bryant, and wm Benet to be over Sears, and have power, In case my wife Should again Marey, and hur Covetor prove unhapey to hur and my fower Small Children, to Remove and Secure them and their Estate att their desc.
In witness war of Asigne this to be my Last will and testement.
JOHN COTTEN. (Seal)
Test. THOS. BRYANT, Jurat.
THOMAS STRANGE.
hur
MAREY M PARKERS. Jurat.
marke
BERTIE SC.
May Court, 1728.
The above Will was Exhibited by Martha Cotton, Widow and Sole Executrix of John Cotton, Deced. and was proved by the Oaths of Capt. Thomas Bryant, and Mary Parker, in Open Court, in due form of Law, who were Evidences thereto. And then the sd. Martha took the the Exrs: oath in Open Court.
Test. RT. FORSTER, Cler. Cur.
Copied from Original Will filed in the Office of the Secretary of State.
JOHN COTTON'S WILL. NORTHAMPTON COUNTY.
The Deposition of ye under Subscribers first Sworn on The Holy Eveng * * * * * 1741. John Cotten who Deceast this Life ye 2d of feb., 1741; as aforsd Did make, * * * under his hand and Seal, & the Subscriber were Wittness There-to, which * * * was by ye sd. Cotten Delivered Into ye Care of John Dawson, one of the Subscribeing Wittnesses, who by misfortune hath Lost ye sd will with Sundrey of his own papers, but ye sd subscribers being well assured in their Consciences that they Can Remembr The whole Substance of the sd will Declared it was as followeth, Viz: After funeral Expences Discharged and Debts paid, I give & bequeath my Estate as followeth:
Itim. I give & bequeath To my son, John Cotten, my plantation whereon I now Dwell, to him & his heires forever, only my wife to Live thereon and to Injoy the Use thereof During her natural Life; also one gun, one feather Bed and furniture, Two Cows & Calves, Two Ews and Lambs. My will and Desire is that my Crosscut Saw & whipsaw be Equalley between my Two Sons. also, I give my Son John one Iron pot.
Itim. I give & bequeath to my Son Benjamin Cotten, my plantation whereon phillip Edens now Dwells, to him & his heires forever, only the sd Edens to Live thereon and Injoy the Use thereof During his Natural Life. My will & Desire
| is that my Land belonging to my sd plantations be Divided as Equal as Possible, one half to ye one plantation and ye Other half to ye other; also I give my sd. son my black horse, bridle and Saddle and Cane, one feather Bed and Firniture, one Iron pot, Two Cows and Calves, Two (?) Ews and Lambs.
Itim. I give and Bequeath to my Daughter, Mary Breecle Two hundred acres, be ye same more or Less, Lying at at a place Called Blue water, to her and her heires for Ever; also one feather Bed & firniture, one Dish, and one Bason, one Iron Pott, one Cow and Calf, Two heiphers, and three Ews and Lambs, Ten Sows and pigs, one Iron Pot.
Itim. I give and bequeath to my Daughter, Anne Cotten, one bey Mare & her Increase, Two Cows and Calves, Two Ews and Lambs, and one feather Beed and firniture, and one Iron pot.
Itim. I give & bequeath to my Daughter, Sarah Cotten, my Negroe wench, Called Rose, and her Increase, only, my wife to have ye Labour of ye sd wench During her natural Life; also, I give my sd Daughter, Two Cows and Calves, Two Ews and Lambs, one Iron pot.
Itim. I give and bequeath to my Loving wife, anne Cotten, my Negroe fellow Mingo, to Maintain and School my small Children; also, give my sd wife, my working oxen for the plantation use; also, I give my sd wife, my Grey Horse and Side Saddle, and all my working Tools not alreadey given.
Also, I Do nominate and appoint my Loving wife, Executrix and my Loving brother, William Cotten, Executor of this my last will & Testament, Revoking and Disalowing of all other wills by me heretofore Made.
In will: hereof I have hereunto Set my hand & Seal, 17th of Jan: 1741.
& further we Say not
JNO. DAWSON.
RICHD. BERFIELD, his R mark.
THOS. COWMAN. W his
mark
* * * * * within Deposition * * * * * Richd, Berfield & Thos. Cowman * * * * * on oath before Isaac Hunter * * * * * Justs of the County within Mentioned as witness my * * * * * & Date * * * written.
ISAAC HUNTER.
NORTHAMPTON COUNTY, SC.
May Court, 1742.
The within written Nuncupative Will of John Cotten, Deceased, was proved in open Court by the Oaths of John Dawson, Richard Barefield, & Thomas Cowman, ye subscribing evidences thereto, & on Motion of William Cotten, praying Administration on ye sd Deceased's Estate with ye Will Annexed, which was granted, he having given Security as ye Law directs
Test. J. EDWARDS, Clk. C.
Copied from Original Will filed in the Office of the Secretary of State.
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134- 135 JEAN CORBIN'S WILL. IN THE NAME OF GOD AMEN. I, Jean Corbin, of New Hanover County, Widdow and Relict of Francis Corbin, late of Chowan County, in the Province North Carolina, Esqr., being weak in body, but of perfect Sound & disposing Mind and Memory, do make this my last Will and Testament in Manner following: And first I resign my Soul in to the hands of my all mercifull God, in hopes of a Joyfull resurrection thro’ the Mediation of a Blessed Redeemer; And as to my worldly Goods and Estate I Give, Devise, and Bequeath in manner following:
First. Whereas, by a certain Marriage Settlement, or Indenture Trepartite, bearing date the Twenty eight day of October in the Year of Our Lord one Thousand Seven hundred & Sixty one, and Executed between me and my said late Husband Francis Corbin and Samuel and John Swann Trustees named in the sd Indenture, I have an absolute and disposing right in and of a Moiety of three plantations, Tracts or parcels of land, Lying and being on the Eastermost Branch of Long Creek in New Hanover County containing in the whole Twelve hundred and Sixty Acres, Also One Other plantation Tract or parcel of Land, lying and being on the North East Side of the North West branch of Cape Fear River, Joining the upper side of the late Henry Simmon's Land; Also One Other Plantation Tract or parcel of Land containing One hundred & eighty Acres lying and being in Bladen County on the West side of the North west branch of Cape Fear River, Joining Mcknight's land; Now I Give Devise & Bequeath to John Rutherfurd Junier, William Gordon Rutherfurd and Frances Rutherfurd (Children of my good friend of my good friend John Rutherfurd of New Hannover County Esquire) and their respective Heirs and Assigns forever, to be equally devided between them, the Moieties of the said several Plantations Tracts or Parcels of Land. And it is my Will, Intention, and direction, that in the partition of the said Parcels of Land,
JEAN CORBIN.
regard be had as well to the Value as the quantity, so that each Devision be in Value & quantity nearly equal.
Item. I Give and Bequeath to the said John Rutherfurd Junior, William Gordon Rutherfurd, and Frances Rutherfurd, All my Negroe Slaves, wch I hold and Possess or am entitled to, as well by Virtue of the aforementioned Indenture or Otherwise, (and not Otherwise disposed of by this my Will) and wch I may at the time of my decease, hold, possess have, or be entitled to, together with all my Stocks of Cattle Horses, Sheep & Hogs, with All my Plate, Houshold & Kitchen furniture,
| Plantation Tools, and implements of Husbandry of whatever kind or Sort they may be wch I shall die possess'd of.
Item. I Give and Bequeath to the said John Rutherfurd Junier, Wm Gordon Rutherfurd, and Frances Rutherfurd all arrears of money due or growing due to me, as my Jointure or annuity of One hundred & Twenty Pounds per Annum from the Death of my said late Husband, Francis Corbin, and provided to me, by the aforemention Marriage Settlement.
Item. I Give and Bequeath to my Good Friend Thomas Holloway, the Use of my Negroe boy Exeter (wch he now has in his possession) for and during the Term of his Natural Life, and after his decease I Give the said Negroe to John Rutherfurd Junier, William Gordon Rutherfurd, and Frances Rutherfurd.
Item. It is my Will and desire, that my old Negroe fellow Peter, who hath Long & faithfully Served me, be, at the time of my death Liberated & Set free, and it is my further Will and direction that my Executors herein named, pay him Eleven pounds proc money pr Annum during his natural Life, as a reward of his fidelity, and for his Support and Maintenance.
Item. Whereas I have advanced & paid several sums of my own Monies, for and upon Amount of the Estate of my late Husband, Francis Corbin, wch said sums are still in Ar-
JEAN CORBIN.
rear & unpaid to me; it is therefore my Will and desire that all the accts between the sd Estate & myself (wch shall be unsettled at my decease), be settled, as Soon as the same can be done; and the balances & monies due me thereon recovered; All wch balancies & Monies, I Give to the sd John Rutherfurd Junier, William Gordon Rutherfurd and Frances Rutherfurd.
Item. Whereas my good friend John Rutherfurd Esqr: has had, at different times the Labour & Service of several of my negros Slaves; now my will and desire is, that no Accts. or charge, be made or brought against him for the Same And my Will & meaning is, that he be acquitted & discharged of & from any demand therefor; And Also that he be acquitted exonerated & discharged from all Other Debts, dues, demands, or Claims of what nature or kind soever wch I may have against him.
Item. It is my Will and direction that all my Just debts be first paid as soon as may be, either by the hire, work & Labour of my Slaves, or by the Sale of so much of the most perishable part of my Estate, and wch may be of the best use and benefit to the sd John Rutherfurd Junier William Gordon Rutherfurd and Frances Rutherfurd; or by both, as my Executors shall Judge necessary.
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136- 137 Item. I Give Devise & Bequeath to the sd John Rutherfurd Junier William Gordon Rutherfurd and Frances Rutherfurd All the rest residue and remainder of my real and Personal Estate, not herein particularly devised, of what nature or kind soever or wheresoever it may be found.
Item. And for the more Clear, and better Understanding of this my will, and to prevent disputes and contraversies thereon, I hereby declare my design to be, that all the Several Slaves, Stocks, Plate, houshold & kitchen furniture together with ever Other article or Articles, thing or things Devised, Given and bequeathed, or intended to be Devised Given and
JEAN CORBIN.
bequeathed by this my Will to the said John Rutherfurd Junier, William Gordon Rutherfurd and Frances Rutherfurd, be equally divided among them, share and share alike, and in Case of the death of either of them, the Share to have fallen to such party, to goe to the Survivors or Survivor.
And further, my Will and positive directions are, that All the Lands, Stocks, Plate, houshold & kicthen furniture, together with every Other Article or Articles Thing or Things, Devised, Given & Bequeathed by this my Will to the sd John Rutherfurd Junior William Gordon Rutherfurd and Frances Rutherfurd shall be, and remain in the keeping, and Under the direction Care & management of my sd good friend John Rutherfurd Esqr.; and after the payment of my Debts, he to receive all the profits, emoluments and benefits ariseing and accruing therefrom, to enable him the better to Educate, Support, and Maintain his said Children, without being further accountable for the Same, untill the Marriage of the sd Frances Rutherfurd, at wch time the said Frances to have her Share or Portion thereof; And the Residue or the Remainding parts or Shares, to continue and remain under the Care, direction and Management of the said John Rutherfurd Esquire, and he in like manner to receive all the profits, emoluments, and benefits ariseing and accruing from the sd residue or remainding parts or Shares (to enable him to Educate, Maintain & Support the sd John Rutherfurd Junier, & William Gordon Rutherfurd) without being accountable therefor, for such time, and so long as he shall think proper; to retain & keep the same.
Lastly. I do nominate, constitute, and appoint, my good friends Lewis Henry Derosset and John Rutherfurd Esquires and Mr Thomas Holloway Executors of this my last Will, contained in Six pages, each page being Signed at the Bottom with my own hand; revoking all former Will and Wills by me heretofore made.
JEAN CORBIN.
| In Witness Whereof I have hereunto Set my hand & Seal the 10th February 1775
JEAN CORBIN (Seal)
Signed Sealed & Published by the said Jean Corbin for and as her last Will and Testament in the Presence of
SAM ASHE
DANIEL MORGAN
DAVID MORGAN
This the last Will and Testament of Jean Corbyn deceased was proved before me this third day of April 1775 by the Oath of David Morgan one of the subscribing Witnesses thereto who swore that he was present and did see the Testatrix sign seal publish and declare the same to be and contain her last Will and Testament and that at the time thereof she was of sound and disposing mind and memory and John Rutherfurd one of the Executors in the said Will named having taken the Oaths of an Executor and qualified agreeable to Law.
It is Ordered that Letters Testamentary issue thereon accordingly.
JO. MARTIN
STATE OF NORTH CAROLINA
New Bern 23d. April 1778
Personally appeared Mr. Thomas Holloway one of the executors in the within Will named Before me Richard Caswell Governor of the said State, And qualified as Executor to the said Will of which the Secretary is required to take Notice & certify the Same accordingly.
RD CASWELL
(Endorsement): The Last Will of Mrs. Jean Corbin.
ROBERT COURTNEY'S WILL. IN THE NAME OF GOD AMEN, the Seventeenth day of January, in the year of our Lord, one Thousand, Seven Hundred and fifty. I, Robert Courtney, of the County of Onslow, and province of North Carolina, planter, being sick in body but of Good and perfect Memory, thanks be to Allmighty God, and Calling to Mind the Uncertain Estate of this Life, and that all flesh must yeild Unto Death when it shall please God to Call, Do make, Constitute, ordain and Declare this, my Last will and Testament in Manner and form following: that is to Say, first, being penitent from the Bottom of my heart for my Sins past, Most Humbly Desireing forgiveness for the same, I Give and Commit my Soul Unto Allmighty God my Saviour and Redeemer, in whom and by the Merits of Jesus Christ, I trust and beleave assuredly to be saved, and to have full Remission and forgiveness of all my sins, and that my Soul with my Body Shall Rise again with Joy at the General Resurection, and through the merits of Christs Death and passion, possess and Inherit the Kingdom of heaven prepared
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138- 139 for his Elect and Chosen: and my Body to be Decently buried as it shall please my Executors hereafter Named: and now for my Temporal Estate, and such Goods Chattels & Debts as it hath pleased God, far above my Deserts to bestow Upon me, I Do order, Give and Dispose in Manner and form following, that is to say, I will that my funeral Expences and Just Debts be paid and Satisfyed.
Item. I Give and bequeath Unto my well beloved wife, hannah Courtney, the bed and furniture whereon we now Lye, one Chest, one pot which formerly belonging to her, one pair of worsted Combs, Eight Cows and Calves, as Likewise and Equal Share of what young Cattle shall be when they Cone to be Divided, betwixt her, my Sons, Robert, Jonathan, and Rowland, as Likewise and Equal part of what houshold Goods, beds and beding, Excepted one Silver head for a Cane, one Iron Kettle and one third part of the Increase of the plantation [of the plantation] I now Live on Dureing her Natural Life, and one Mare and Colt.
Item. I Give and bequeath Unto my well beloved son, John Courtney, one Shilling, Sterling money of Great Britain.
Item. I Give and bequeath Unto my well beloved Daughter, Phebe Curtis, one Shilling, Sterling money of Great Britain.
Item. I Give and bequeath Unto my well beloved Son, Robert Courtney, a Tract of Land Lying on the East Side of the Northwest beach of New River, on the half moon Creek, Containing on Hundred and fifty acres, Known by the Name of Wallins, one Riffle Gun, one Mare Sadle and bridle, one bed and furniture, one half of a Case of bottles, and Equal Share of the Implements of Husbandry and houshold Goods, (and what Cows and Calves Shall be Left after my wife has had hers as above Mentioned, and my Son Rowland, three as will be hereafter Mentioned), to be Equaly Divided between him and my son, Jonathan, as Likewise and Equal Share of the young Cattle, as Likewise and Equal Share of my wearing Apperal, one half of my petiauqua, to him and his heirs for Ever.
Item. I Give and bequeath Unto my well beloved Son, Jonathan Courtney, the plantation I now Live on, (one Hundred Acres at the Lower End Excepted) a Quantity of feathers, one horse for the use of the plantation, one Mare Sadle and bridle, one Gun, and Equal Share of what houshold Goods, Implements of Husbandry, young Cattle, and what Cows and Calves, shall be to be Devided between him and my Son Robert, after my wifes and my Son Rowlands Shall be taken out, as Likewise one half of my petyauqua, to him and his heirs for Ever.
Item. I Give and bequeath Unto my well beloved son, Rowland Courtney, one Hundred Acres of Land, at the Lower
| End of the plantation I now Live on, three Cows and Calves, an Equal Share of the young Cattle acording to what Cows shall be to be Devided), one two year old Mare, To him and his heirs for Ever.
I Likewise Desire that my Son in Law, Richard Curtis, and my Good friend, Benjamin Easom, in Case any Difference Should arise in Shareing of my Estate, that they Should be the persons to Decide it and No other person to Interfere, Unless Desired by the parties Concerned, as Likewise to be as Overseers in the Distribution.
I Likewise Constitute and apoint my well beloved Sons, Robert Courtney, and Jonathan Courtney, to be my Sole Execut of this my Last will and Testament, Utterly Revokeing all former wills and Testaments by me Made.
In witness whereof, I have Set my hand and affixed my Seal, the Day and Date as above.
ROBERT COURTNEY. (Seal)
Signed Sealed published and pronounced by the sd Robert Courtney as his Last will and Testament, in presence of us:
MATHEW LEWIS.
JOS: STURGES.
BENJAMIN EASON.
NORTH CAROLINA, ONSLOW COUNTY. SS.
At a Court begun & held at Johnston, on New River, in and for the County of Onslow, on Tuesday the Second of April, anno Dom. 1751, Before John Starkey, Esqr. & the Rest of the worshipful Justices &c.
The Within Will of Robert Courtney, was proved by the Oath of Mathew Lewis, & Jonathan Courtney, One of the Exers. therein Named, Qualified. by Taken the Oaths appointed by Law.
Ordered that the sd. Courtney have Letters Testamentory.
THOS: BLACK, C. Cr.
Copied from Original Will, filed in the Office of the Secretary of State.
JAMES CRAVEN'S WILL. IN THE NAME OF GOD AMEN. I, James Caraven, late of Droughton, near Skipton, in Craven, in the County of York, in Great Britain, but now of Edenton, in the Province of North Carolina, Esqr., being sick and weak of body, but of Sound & perfect mind and memory, trusting & Confiding in the Mercy of Almighty God, through the Merits of Jesus Christ my Saviour for Pardon and Redemption of my Sins and frailtys, for a happy Eternity in the World to Come; And Touching my
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140- 141 Estate wherewith it has pleased God to bless me with in this World: After Payment of all my just Debts and funeral Charges, I give, Devise, Bequeath and Dispose of the Same as followeth, That is to say:
First, I give, Devise and Bequeath to my Loving Wife, Penelope Craven, her Heirs and assigns for Ever, all those Lands, Tenements and Hereditaments with their appurtenances which I purchased of her before our Intermarriage, the Particulars whereof will Appear in a Deed, Dated the Eighteenth day of February, in the Year of our Lord, One Thousand Seven Hundred and fifty Two, & Executed by her by the Name of Penelope Hodgson.
Item. I give and Bequeath to the said Penelope Craven, all the Black Cattle, Sheep and Hogs, and Plantation Tools whatsoever, I shall Dye Possessed of at the Brick house, and the Old Plantation Commonly calld. Pagetts Plantation, and in the Range Commonly Calld. the Great Marsh.
Item. I give and Bequeath to the said Penelope Craven, Ten Negro Slaves and my Will is, that she have her Choice out of all the Slaves I shall Dye Possessed of.
Item. I give and Bequeath to the said Penelope Craven, Silver Plate and Household Furniture to the Amount of One Hundred Pounds, Sterling, first Cost, the whole to be appraised and Valued by the Majority of my Executors, she afterwards to take her Choice to that Amount of the Plate and Furniture, Furniture so Appraised as Aforesaid.
Item. I give and Bequeath to the said Penelope Craven, Fifty Volums of Books to be Chosen by her out of all my Books I may Dye Possessed of.
Item. I give and Bequeath to the said Penelope Craven, the Horse I bot. of Mr. Richmond, with her Side Saddle and furniture; and all the Provisions and Liquors that shall be in my Dwelling house or Cellar in Edenton at the time of my Death.
Item. I give to each of my God Children, one Pound proclamation Money.
Item. I give to each of the Children of John Hodgson Esqr., Deceased, the Sum of Twenty Shillings, Proclamation Money as a token of my friendship to them.
Item. I give to Dockter Abraham Boulton, my Brother, Ten Pounds.
Item. I give to Thomas Craven Hodgson, Fifty Pounds, Proclamation Money, and my Large Gold Seal.
Item. I give my Godson, William Badham, Six Silver Spoons Marked W. B., and Also Ten Pounds Proclamation Money.
| Item. I give to each of my Executors hereafter named the Sum of Three Pounds Proclamation Money to buy each of them a Ring as a Testimony of my Regard for them.
Item. I Leave the use of the house wherein I Dwell, and the Six Lotts thereon, to the said Penelope Craven until all my Affairs are Settled by my Executors, and by them so Declared, She Commiting no Waste.
Item. I Will and Ordain that the Executrix & Executors of this my Last Will and Testament, And their Executors or Administrators for and towards the Performance of this my said last Will and Testament shall as Soon as they have Settled my Affairs after my Decease, bargain, sell and alien in fee Simple all the Residue of my Real Estate not herein before Absolutely give and Bequeathed for ever, for the Doing, Executing and perfect finishing Whereof, I do by these Presents give, grant, Will and Transfer to my said Executrix and Executors and to their Executors and Administrators, or the Majority thereof, full power & Authority to Grant, Bargain, Sell, Convey and assure all my Said Real Estate, that is to say, all my said six Lotts and Houses thereon, & my Dwelling House, the use of Which I have before Left to my Loving Wife, Penelope Craven, untill my Affairs are Settled by my Executors; and also all my Lands not hearinbefore Absolutely Given & Bequeathed for Ever, to any Person or Persons and their Heirs for Ever, in fee Simple by all and Every such Lawfull ways and means in the Law as to my said Executrix and Executors or their Executor or Executors, Administrator or Administrators or their Councel Lerned in the Law, Shall Seem fit or Necessary and the Moneys Arising by such Sale to be applyed towards payment of my just Debts.
Item. I Order and Derect, and my Will and Pleasure is, that my Executors or the Majority of them, do make Sale of all my personal Estate, not herein Specially Given & Bequeathed at Publick Vendue or by Private Sale at the Discretion of my said Executrix & Executors, or the Majority of them, and the money arising by the Sale of my Real & Personal Estate aforementioned, after my just Debts are paid, I give and Bequeath to my said Loving Wife, Penelope Craven, Doctor John Craven, and my Sister, Mary Leeming, to be Equaly Divided between them, the said Penelope Craven, Doctor John Craven and Mary Leeming. If my Executors shall think giving a Certain Day for Payment of the Moneys Arising, or that may arise, by the Sale of my Said Real and Personal Estate will advance the Price thereof (as I think it will), they may, and my Will and Desire is that they do so, otherwise not.
Item. I give unto Mr. Peter Leeming, all my Wearing Apparell and Linenn of what Sort Soever.
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142- 143 Item. I Nominate and Appoint my Loving Wife, Penelope Craven, Executrix and my Good Friends, Frances Corbin, Wyriot Ormand and William Heritage, of North Carolina, Esqrs., and John Watson, of Suffolk, in Virginia, Esqr., Executors of this my Last Will and Testament & to see the Same duly Executed and Fullfill'd According to it's true Intent and Meaning, hereby Revoking all Other Wills by me heretofore made, Ratifying, allowing & Confirming this to be my last will and Testament & None other.
In Testimony Whereof, I have Set my hand & affixed my Seal, this Twenty Eighth day of September, in the Year of our Lord, One Thousand, Seven Hundred and fifty five, (1755).
JAS. CRAVEN. (Seal).
Signed, Sealed, Published and Declared by the said James Craven, as and for his Last Will & Testament in the Presence of us the Subscribers, who at his Request & in his Presence put our Names as Witnesses to the same:
SARAH BLOUNT.
JOSEPH HARRON.
JOHN WILLIAMS,
JOHN PINDAR.
NORTH CAROLINA, NEWBERN, SS.
The Execution of the within last Will & Testament of James Craven, Esquire, deceased, was proved before me, Arthur Dobbs, Esqr., Governor & Commander in Chief of North Carolina, and Ordinary of the Same, by the Oath of John Williams, One of the Subscribing Witnesses thereto, the 11th Day of October, 1755: at which Time and Penelope Craven herself, The Executrix within named, qualified herself pr. the sd. Office, by taking the Oath appointed to be taken by Executors.
ARTHUR DOBBS.
Recorded in Will Book 7, page 12, Office of the Secretary of State.
NICHOLAS CRISP'S WILL. No. CAROLINA. SC.
IN THE NAME OF GOD AMEN. I, Nicholas Crisp, of Chowan precinct, in North Carolina, Gentn., Do make and declare these presents to be and contain my Last Will and Testament, hereby Revoking and making Null and void all former & other Wills by me heretofore made or Declared.
Imprimis. I Will that all my Just Debts and Funeral Expences be paid and Satisfied by my Executors hereafter named.
| Item. I Give, Devise and bequeath unto my Grandson, Richare Crisp, and his Heirs and assignes for ever all that my Lands and plantations in Chowan Precinct whereon I now dwell, Together with the plantation commonly called or known by the Name of Windlys; also my Lot and Ware house in Edenton.
Item. It is my will, that my Daughter in Law, Elisabeth Crisp, shall have the use and benefit of my Grandson's plantations untill my Grandson shall arrive at the Age of twenty one years, or day of Marriage, which shall first happen; And that my Executors hereafter named shall have the use & benefit of my Ware house & Lots in Edenton for three years after my decease, And then my aforesd. daughter in Law to have the use thereof, until my Grandson shall arrive at the age of 21 Years of day of Marriage.
Item. I Give, devise and bequeath unto my Said Grandson, Richard Crisp, and his Heirs and Assigns for ever, my Land in Pequimans precinct, known by the name of Fendals, also the Island called Batts's Grave.
Item. I Give, Devise and bequeath unto my Granddaughter, Mary Durant, and her Heirs and assignes for ever, all that my plantation & Lands in Pequimins Precinct, lying on Albemarle Sound between Norcombs & Coll. Harveys, Together with all the Live Stock that shall belong or appertain thereto at my Decease; Also a Mulatto Boy named Billy.
Item. I Give, Devise and bequeath unto my Grand daughter, Sarah Durant, and her Heirs & Assignes for ever, all my Lands lying on Moratoke River in Bertie Precinct, at and near Skauwaukee and Hennunteh, containing in the whole by estimation Eleaven hundred & twenty Acres of purchased Lands, be the same more or less, together with a Girl named Maria.
Item. It is my Will, That in case either of my said Grand daughters, Mary or Sarah, shall depart this Life before arrival to the Age of twenty one Years or day of Marriage, that then Such Legacy before in this Will given to such of my said Grand daughters, shall go to the Survivor of them, my Said Grand daughters & their heirs and Assignes for ever.
Item. I Give & bequeath unto my daughter in Law, Elisabeth Crisp, Widow and Relict of my son John Crisp, lately deceased, One large Silver spoon guilt with Gold.
Item. I Give, devise & bequeath unto my Grand son, Richard Crisp (son of my son John Crisp, deceased, to whom I advanced largely & Sufficient during his Life Time), unto my Grandson, George Durant, to my Grand daughters, Ann, Mary, Sarah & Elisabeth Durant, Children of my daughter Hagar, All the Rest and Residue of my Personal Estate, to be equally divided among them my said Six Grand Children, and the Survivor or Survivors of them as they shall severally
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144- 145 & respectively attain the Age of twenty one Years or day of Marriage.
Lastly, I do hereby nominate & appoint my good Friends, Edward Moseley and Jeremiah Vail, of Chowan Precinct, to be Executors of this my Last Will and Testament.
In Testimony whereof, I have hereunto set my hand and Seal, this Twenty Second day of March, Anno Dom. 1726-7.
NICHOLAS CRISP. (Seal)
Signed, Sealed, Published & declared in presence of:
WILLIAM WILLIAMS, Jurat.
HUMPHRY ROBINSON, Jurat.
JAMES BUSH.
NO. CAROLINA. SS.
May 23d., 1727.
Came before me William Williams & Humphry Robinson, Evidences to the afore written Will of Nicholas Crisp, decd., And made oath on the holy Evangelists, That they saw the sd. Nicholas Crisp, Seal, Sign, publish & declare the Same to be his last Will & Testamt, he then being of perfect mind & Memory to the best of their apprehension.
Also, That they saw James Bush, the other Evidence, Sign the Same as an Evidence thereto.
GALE, C. J.
Recorded in the Will Book 3, page 93, Office of Secretary of State.
MOSES JOHN DEROSSETT'S WILL. IN THE NAME OF GOD AMEN. I, Moses-John DeRosset, of Wilmington, in the province of North Carolina, practioner in physic and Surgery, being of sound and disposing mind and memory, do make this my last will and testament, in manner and form following, that is to say:
First of all, I order that my executors hereinafter named do pay all my just debts and funeral expences; Also I give, bequeath and devise all my estate, both real and personal, of what kind or quality soever, to my beloved wife, Mary, and to my daughter, Magdalene-Mary & my son, Armand-John, their heirs and assignes forever, to be equally divided among them, share and share alike; and I do make my said wife executrix, and my brother, Lewis-Henry DeRosset, and my friends, John DuBois, James Moore and Marmaduke Jones, esquires, executors of this my last Will and testament, hereby revoking all wills by me heretofore made.
And I do also nominate and appoint my said executors to be guardians of my said son and daughter until they shall arrive at the age of twenty one years of age respectively. And in case both my children should die before they shall arrive at
| age, or the day of Marriage, then it is my will that my whole estate should belong to my said wife, to hold to her heirs and assigns forever.
In witness whereof, I have hereunto set my hand & seal & published this as my last will and testament, the thirtieth day of November, in the year of our Lord, one thousand, seven hundred and sixty seven.
MOSES JNO. DEROSSETT (Seal)
Signed, sealed, published and declared by the above named testator as & for his last will and testament, in his presence, in the room where he was, & in the presence of each other: (the words “their heirs & assigns forever” being first interlined).
ANN MOORE.
E. JUSTICE.
A. MACLAINE.
WILMINGTON, the 1st of March, 1768.
Ardhibald Maclaine, Esquire, one of the Subscribing Witnesses to the within Will personally appeared before me and made oath that he saw the within mentioned Moses John DeRossett, the Testator, Sign, Seal, publish, pronounce and declare this to be his Last Will and Testament; and that at the Time thereof he, the Testator, was of sound and disposing mind & Memory according to the best of this Deponents knowledge and belief.
WM. TRYON.
Copied from the Original Will, filed in the Office of the Secretary of State.
ARTHUR DOBBS’ WILL. IN THE NAME OF THE ALMIGHTY GOD AMEN. I, Arthur Dobbs, of Brunswick, in New Hanover, Governor and Captain General of the Province of North Carolina, in America, injoying a moderate state of health and having by the blessing of the infinitely perfect and good God the Father Almighty, a perfect and sound mind and memory, do make this my last Will and Testament in manner following:
First, I recommend my soul to the Almighty Triune God, Jehovah Elohim and his only Begotten son, Jesus Christ my God and only Saviour and Redeemer and to his Holy Spirit Blessed forever; and my Body to the Earth to be decently and privately interred, in an assured and full hope of a Glorious and happy Resurection with the Just, at the first Resurection
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146- 147 and a Blessed immortality in the Heavenly Kingdom of Christ the Messiah, untill he shall deliver up his Mediatorial Kingdom to God his Father when he shall be all in all his Creatures; and instead of immoderate Funeral Expenses, I desire that one hundred pounds, Sterling Money, may be paid and distributed proportionally among the Housekeepers of the Parrishes of Ballynure and Kilroot in the County of Antrim, and Kingdom of Ireland, and one other Hundred pounds like Money among the poore Freemen House keepers who reside within the County of the town of Carrick fergus, in the said Kingdom, to be paid out of my Personal Estate which I may be intitled to at the time or my Decease out of my Demesnes at Castle Dobbs, or out of the arrears of Rents I reserved out of a Moiety of my Lands in that Kingdom during my Life, at the Discretion of my Executors hereinafter to be named; desiring that my Body may be Buried in the parish or place where it pleases God that I shall die:
And as to the Disposition of the Worldly Estate which I may die possessed of, my funeral Espences and Debts being first paid, I give, devise and bequeath as followeth, that is to say:
First, I do confirm in the most ample manner the Settlement made on my son, Conway Richard Dobbs, on his Marriage in July, 1749, in which is included the several remainders and Fortunes to my Younger Children and to his and their Issue.
Item. I confirm unto my Younger Son, Edward Brice Dobbs, (over and above his fortune secured in that Marriage settlement, which I hereby limit and Ascertain to be One thousand pounds, Lawful Money of Ireland, is mentioned in my Marriage settlement upon my intermarriage with my first Wife) all the Lands in America, which are Specified in a Deed or Deeds which I made to him and his Heirs since my Setling at Brunswick; together with all the Slaves, goods & Chattles, therein mentioned.
Itim. I give, devise and bequeath unto my beloved Wife, Justina Dobbs, and her Issue, by me Begotten, in case she shall have any or be pregnant at the time of my Decease, all the Slaves and other Chattels which was or shall be hereafter given her by her Father.
Item. I give, devise and bequeath unto my said beloved Wife, all my Slaves, goods and Chattles, Plate, Money and other Effects of what Nature of kind soever in America (not already settled by deed upon my son, Edward Brice Dobbs), which I now have or hereafter shall have at the time of my Decease, in which is included the money and Interest due, or which shall be due to me by the General assembly for the
| Lands Called Tower hill, in Johnston County, purchased from me by the public.
Itim. I give, devise and bequeath unto my said beloved Wife, Justina Dobbs, after the payment of my Debts, Funeral Charges, and Legacies, all arrears of Sallery which now are, or shall be due to me at the time of my Decease, by Virtue of my appointment by his Majesty to the Government of North Carolina.
Item. Whereas, I have a right to the Moiety of Two hundred thousand acres of Land, Granted to me by the Crown, in Sixteen Patents of Twelve thousand, Five hundred acres each, in Mecklenburgh (late Anson) County, as one of the associates of Huey and Crymble, the other Moiety having been settled by me upon my eldest son, Conway Rirchard Dobbs, upon his Marriage, I do hereby impower and direct my Executors, or Either of them, as soon as convenient may be after my Decease, to sell in parcells (to the present Occupants or to such others as shall incline to become purchasers), the said moiety of Lands, and that the Money arising therefrom (except so much thereof as shall, together with the Money hereinbefore bequeathed to my said wife, make up the sum of Two Thousand pounds, Sterling Money of Great Britain) shall be laid out by my Executors in Negroes for the sole use and benefit of such Issue by me as my said Wife shall have living, or be pregnant with at the time of my Decease, and their heirs forever; And in case my said Wife shall have no Issue by me alive, or be pregnant at the time of my Decease, then, and in that case, I will and devise the said undivided Moiety of Land shall be and remain to my son, Edward Brice Dobbs, and his heirs, upon this special provisor, that he makes up and pays so much Money to my said Wife, Justina Dobbs, as together with the sums herein before bequeathed to her, shall amount to the sum of Two thousand Pounds, sterling Money of Great Britain, which I Will and Desire that my said beloved Wife may have and receive out of the Estate I shall die possessed of.
Item. I bequeath to each of my Children who shall be alive at the time of my Decease, fifty pounds Sterling.
Item. I bequeath to my beloved Brother, the Reverend Doctor Richard Dobbs, Twenty pounds Sterling, which two last Mentioned bequest is to buy them Mourning and Rings.
Item. Whereas, I am intitled to a Moiety of Twelve Thousand Acres of Land by a purchase from Mr. Patrick Smith, of Waterford, Merchant, (for which) for which a Patent was Granted to him as an associate of Huey and Crymble, Subdivided from the Great Tract Number 4, the heirs or assigns of Mr. James Benning, of Lisburn, In Ireland, being intitled in equity, to the other Moiety of the said Patent. Whatever part of the same as may remain unsold at the time of my Decease,
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148- 149 I devise to my Executors, to be sold for the payment of my Debts and Legacies herein bequeathed.
Item. I give and Bequeath unto my son, Conway Richard Dobbs, after his Discharging my Debts, Funeral Charges, and Legacies which shall be due in Europe at the time of my Decease, all my Plate, Goods, Household Furniture, arrears Rents, and other Chattles whatsoever which are now belonging or hereafter may belong to me, at my Decease, which now are or hereafter may be at Castle Dobbs, in the County of Antrim, and Kingdom of Ireland.
Lastly, I do appoint my Beloved Wife, Justina Dobbs, and my Sons, Conway Richard Dobbs and Edward Brice Dobbs, my Residuary Legatees and Executors of this my last Will and Testament; hereby revoking all former wills by me heretofore made.
In Witness whereof I have hereunto set my hand and seal, this 31st. day of August, in the Year of our Lord, 1763.
ARTHUR DOBBS (Seal)
Sign'd, Seal'd, Publish'd and declar'd to be the last will and Testament of the Testator in presence of:
JAMES HASELL,
LEWIS DEROSSET,
JOHN SAMPSON.
NORTH CAROLINA.
Wilmington, 24th, April, 1765.
Then personally appeared Before me James Hasell & Lewis DeRosset, two of the subscribing Witnesses to the foregoing Will and made oath on the Holy Evangelists of Almighty God, that they saw Arthur Dobbs, sign, seal and publish the foregoing as and for his last Will and Testament; and that the said Arthur Dobbs was at the same time (to the best of their Knowledge and Belief) of a sound and disposing mind and Memory, and that they, the said James Hasell & Lewis DeRossett, together with John Sampson, subscribed their Names as Witnesses thereto, in the Presence of the Testator.
At the same time, Justina Dobbs, Executrix before mentioned, took the Oaths by Law appointed for Her Qualification. Let Letters Testamentary issue thereon accordingly.
WM. TRYON.
Recorded in Book 8, page 290. Office of Secretary of State.
JAMES DOUGLASS’ WILL. IN THE NAME OF GOD AMEN. I, James Dougless, of Bartie County, of North Carolina, being not well in health of Body at this Present, but of Perfect and Sound Memory, Praised
| be Almighty God for the same, do Make and ordain this to be my only last will and Testament, revoaking all other heretofore by me Made, holding and Declaring this only to stand as in Manner following: That is to say, first and Principally I recommend My Soul to Almighty God who gave it me, hopeing Through the Merits and Death of my Savior Jesus Christ, to have a Gloryfull Resurrection; and my Body to be Decently Buried at the Discretion of my Executriss hereafter Named; And as for my Temporall Estate, I give and Dispose of as followeth, vixt:
That first I will That my Debts and funerall Charges Shall be Discharged and paid.
Item. I Lend to my Loving Wife, Eliza. Doughless, all my land and Personall Estate During her time of her widdowhood or life, And after her Death I give my Said land and Plantation whereon I now live, to my Loving Son, Kesia, and the heirs of his Body Lawfully begotten for ever.
Item. I give to my Daughter, Ann, Two hundred Acres of my land over Hoske Swamp, which I bought of one Cocks at which end She pleaseth to have it.
Item. I give the reamining part of the sd. Land to my loving Son, Kesia, and his heirs for ever, and the rest of my personal Estate after my wifes Death, to Equally Divided Between my son, Kesia and my Daughter, ann.
Item. I give to my Son, James, five Shills. to be pd. him out of my Estate for his part.
Item. I give to my Grand Daughter, Elizabeth Dougless, the Daughter of my Son, James, Ten Pounds, Virginia Currency to be pd her out of my Estate at the age of Sixteen years old and in case She should Die before that time appointed, That the next heir lawfully begotten to have the same.
Item. my will and Desire is my loving wife have accasion to sell or Dispose of any of my land over Hoskie, She shall have full power to doe the same only after her Death my Son Kesia and Daughter Ann to have answering what I left them of the sd. Land or rest of my Estate after my wife's death.
And I Constitute and appoint my Loving Wife, Elizabeth Duglass, my whole & sole Exers. of this my last will and Testament in Truth whereof, I have interchangably set my hand and Seal, this 6th: of October, 1750.
JAMES DOUALL (L S). (Seal)
Test.
JOHN BROWN.
her
ELIZABETH X ROBERTSON.
marke
JOSEPH I MADLIN.
his marke.
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150- 151 NORTH CAROLINA.
This Day Personally appeared before me, John Brown & Elizabeth Robertson, two of the Subscribing Evidences of the last Will & Testament of James Douglass, & made Oath that they saw the Testator sign, Seal & Deliver the foregoing, as and for his last will & Testament & That at the time of his signing thereof, He was of sound & disposing mind & memory; and that they saw the Joseph Medlin, the other Evidence Sign his name thereto.
At the same time Elizth. Douglass, the Executrix appointed by the sd. Will, tooke the Oath by Law for to be taken by Executors.
Given at Eden house under my Hand this 11th. July, Anno Dom. 1752. (61-2 C. S.)
Memorandum. The above Will was proved before his late Excelly’ Governor Johnston, according to the Tenor of the above Certificate & Letters were Issued, but his Excelly being at that time indisposed he did not sign the sd. Certificate.
Given under my Hand, this 16th September anno. Dom., 1752.
SAML ORMES, Secretary to the late Governor.
Recorded in Will Book 6, page 61. Office of the Secretary of State.
JOHN DUBOIS’ WILL IN THE NAME OF GOD AMEN. I, John DuBois, of Wilmington, in the province of North Carolina, Esquire, being of sound & disposing mind and memory, do make this my last Will and testament in manner and form following, that is to say:
First of all, It is my Will that all my just debts and funeral expences be first paid.
Also, I give unto my eldest son, Peter, ten pounds sterling, which tho, he merits an equal proportion of my estate, will I flatter myself be more agreable to him (as he is already blessed with a plentiful fortune), than an equal distribution with my other children.
Also, I give unto my son, Walter, forty pounds, current money of the province of New York, a year to be paid him half yearly out of my estate by my executors hereinafter named during his natural life; I also give to my said son, Walter, my silver watch.
Also, I give and devise unto my son, John and his heirs and assigns my upper brick tenement in Dock street next to the house of Wm. Campbell, with the ground thereto belonging, together with my plantation on Smith's creek containing three hundred acres of land. I also give unto my said son, John, my fowling piece, my silver hilted sword and my case of pistols, I likewise confirm unto my said Son, John, a large diamond ring which was formerly given him by captain Dekan.
Also, I give and devise unto my daughter, Magdalene-Margaret, & her heirs and assigns, my middle brick tenement in
| Dock street with the ground thereto belonging. I also give unto my said daughter, two diamond rings which belonged to her mother.
Also, I give and devise unto my Daughter, Margaret, and her heirs and assigns, my lower brick tenement now occupied by Doctor Eustace, with the ground thereto belonging.
Also, I give and devise unto my son, Isaac, my wooden tenement in Dock street adjoining to the tenement where Doctor Eustace lives together with the small tenement thereto adjoining & the ground belonging to the said two tenements, to hold to him, the said Isaac, his heirs and assigns forever.
Also, I give and devise unto my beloved wife, Jean, the house in which I now live, with the lott of ground belonging thereto and all the houses and improvements thereon, together with the lott of ground adjoining, during her widow hood and after the expiration of that term, then to my daughter Anna-Jean and her heirs and assigns forever.
Also, I give and devise unto my son, James, my lott of ground in front street and running thence to the river with the two tenements, bake house, and all other houses and improvements thereon with their appurtenances, together with my land and the Wind mill erected thereon adjoining to Wilmington, to hold to the said James, his heirs and assigns forever.
Also, I give and devise unto my daughters, Magdalene-Margaret & Margaret, and their heirs and assigns my lott of ground on the North side of Market street between the house of Alexander Ross, deceased, and Samuel Swann's lott, share and share alike as tenants in common.
Also, I give unto Caleb Grainger, son of Colonel Caleb Grainger, deceased, a monthly clock which I had with my third wife his aunt, but if the said Caleb Grainger should happen to die under age or unmarried, then I give the said clock to his brother Cornelius.
Also, I give unto my beloved wife, Jean, all my silver plate, household and kitchen furniture and utensils, the said clock excepted.
Also, All the residue of my personal estate in North Carolina not heretofore disposed of, I give and bequeath unto my beloved wife, Jean, and my children, John, Magdalene-Margaret, Margaret, Isaac, Anna-Jean, and James, to be equally divided among them by my executors herein after named.
And whereas I am intitaled to a proportion of lands or personal estate, or lands and personal estate, in the province of New York, in right of my Grand-mother or other wise, I therefore give and devise the said estate whether real, personal or both to my executors herein after named to be sold, and the money arising from such sale to be equally divided among all my children hereinbefore mentioned.
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152- 153 Also, It is my will and so the same is to be taken and understood, that the legacies hereinbefore given to my said wife be in full of her right of dower and all other demands on my estate, and if she pretends to claim her dower that, then, and in that case, I hereby give and devise the house and lotts where I now live to my Daughter, Anna-Jean, immediately after my decease, and the other legacies herein given to my said wife, in that case I give to my children, John, Magdalene-Margaret, Margaret, Isaac, Anna-Jean and James, to be equally divided among them.
Also, It is my will that my children, John, Magdalene-Margaret, Margaret, Anna-Jean, Isaac, and James, shall not be intitaled to the profits of the tenements & lands respectively devised to them, till each of them shall arrive at the age of twenty one years, or day of Marriage, but that the same shall be received by my executors herein after named and applied towards the education of my said children and the maintenance of my family, and improvement of my whole estate for the joint benefit of my said Last mentioned children and my wife.
And it is also my will, that the bake house divised to my son, James, be kept employed for the benefit of my said wife, and last mentioned children, & my boats and negroes kept employed in the usual manner for the same purpose, until my son, James, shall arrive at the age of twenty one years or the day of Marriage, and that such child or children who shall happen to marry, or may have arrived at the age of twenty one years, shall draw his or her proportion of the profits of the said boats and negroes.
And in case of the death of any of my said last mentioned children before such child or children shall have attained the age of twenty one years or day of Marriage, then it is my will that the share or shares hereby given to such child or children so dying, both real and personal, shall go to the survivor or survivors of my said last mentioned children, to be equally divided among them, if more than one and that such part of my real estate as shall go to any of my children by the death of the others or any of them shall, be held by such children as as a tenancy in common. And in case of the death of all my said last mentioned children before marriage, then I give and devise such part of my estate as is herein given to them, to my beloved wife Jean & her heirs and assigns forever.
And lastly, I do make, nominate and appoind my beloved wife, Jean, my sons, Peter, Walter and John, and my friends, Lewis-Henry DeRosset and Moses-John DeRosset, esquires, to be guardians of my children and their respective estates during their minority, and also executors of this my last will and testament: hereby revoking all wills by me heretofore made.
In Witness whereof I have hereunto set my hand to this my will, written on four pages of paper together with my seal
| and published the whole as my last Will and testament, this thirteenth day of September, in the year of our Lord, one thousand, and seven hundred and sixty seven.
Before publishing this my last will, I hereby order and direct that my said executors shall purchase out of the profits of my estate, able negroes in number four, fit to go in my boats, & that the number then on my estate shall be kept up by my said executors as often as necessary in case of death or otherwise. (The words “then on my estate” being interlined.)
JOHN DUBOIS, (Seal)
Signed, sealed, published & declared by the above named, John DuBois as and for his last will and testament in presence of us whose names are hereunder written, who did each of us subscribe our names as witnesses thereto at his request, in his presence, and in the room where he was (the words “of twenty one years” being first interlined in the third page.)
J. EUSTACE.
EDWARD CHIVERS.
A. MACLAINE.
WILMINGTON, April 9th, 1768.
John DuBois, one of the Executors named in the within will, appeared before me, and took the Oath appointed by Law for the Qualification of an Executor.
BENJ. HERON, Sec.
Wilmington, the 1 March, 1768.
Archibald Maclaine, Esq., one of the subscribing Witnesses to this Will personally appeared before me and made oath that he saw the above mentioned John DuBois, the Testator, sign, Seal, publish, pronounce and declare this to be his last will & testament; and that at the Time thereof he, the Testator, was of sound & disposing mind & Memory according to the best of this Deponents knowledge & belief. Jean DuBois, The Executrix & Lewis Henry DeRossett, Esq., one of the Executors therein mentioned, took the oaths appointed by Law for their Qualification.
Whereupon it is ordered that Letters Testamentary issue.
WM. TRYON.
Copied from the Original, which is filed in the Office of the Secretary of State.
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154- 155 CHRISTOPHER DUDLEY'S WILL. IN THE NAME OF GOD AMEN. I, Christopher Dudley, of the County of Onslow, planter, being aged and infirm, but of Sound mind and good memory (thro mercy), do make this my last will and testament, in form following: Cheife of all Commend my Soul into the hands of almighty god, as a christian ought to do, and my Body to the Earth, to be intered at the discression of my executors hereafter named; and as for such worldly goods as providence has trusted me with, I dispose of the same as followeth:
First, I will and Bequeath unto my Grandson, George, Son of my Son, Edward Dudley, after my Wifes decease my plantation whereon I now dwell, together with one halfe of all my Lands adjoying to it, with all its appurtenances, to my said Grandson, George Dudley, and the heirs Lawfully begotten of his Body for ever; and in faillure of his heirs, then I Bequeath the said land unto my Grandson, Christopher, Son of my Son, Thomas Dudley, and his heirs Lawfully Begotten for ever; and in failure of such heirs then to my right heirs forever; also I will and Bequeath the other halfe of all my Lands, that part highest up the River, together with the appurtenances, to my Son, Christopher Dudley, and his heirs and assigns for ever; also I bequeath unto my Son, Thomas Dudley, my negro girl called flora, and to his heirs and assigns for ever; also I BeQueath to my Daughter, Ann Houston, my negro man Called Luke, and to her heirs and assignes for ever; also I Bequeath to my son, Christopher Dudley, my negro woman called penny, and to his heirs and assignes for ever; Also, I bequeath unto my Son, William Dudley, one Shilling, Sterling, I also give or forgive rather, what debt he owes me in full for his childs part.
Also, I Bequeath the one halfe of my stock of Cattle and horses (except the mare and her encrease that is called my wifes), to be divided betwixt my Sons, Thomas and John, and their heirs and assignes for ever; also, I will and Bequeath my negro Luvenieh, to work on my plantation and to belong to my wife during her Life, and then to go with the plantation to which ever has the reversion. My will further is, that in case I should die after a Crop is pitched, that no negroes as legacies shall be delivered till the crop shall be compleated and finished.
Also, I will and Bequeath to my wife, Mary Dudley, the use occupation and possession of all my lands during the term of her naturall life without any impeachment of waste; I also will and Bequeath unto my Said Wife, for her Comfort and Support, she paying all my debts, all the rest and remainder of my negroes, goods, Chattles, Rights, Creditts of what kind soever or wheresoever, and to her heirs and assignes for ever.
| Lastly, I do constitute and appoint John Starkey and my wife, Executors of this my last will and testament; Revoking all other or former wills by me at any time before made, and declaring this only to be my last will and testament.
In witness whereof, I have hereunto set my hand and seal, this 19th. of March, 1744-5.
CHRISTOPHER DUDLEY, (Seal)
Signed, Sealed, published and Declared by Christopher Dudley as his last will and testament in presence of us:
her
JANE X SIMPSON, alias Watts.
mark
JOHN X SIMPSON
his Mark.
MARY X TROTT
her mark.
Newbern, Feby. 26, 1746.
Then prov'd and John Starkey Qualified before me as Executor.
GAB. JOHNSTON.
Recorded in Book 5, page 29, Office of Secretary of State.
NATHANIEL DUCKINFIELD'S WILL. IN THE NAME OF GOD AMEN. I, Nathaniel Duckinfield, of Utkinton, in the County of Chester, Esqr., being of sound mind and Memory, but in a Very infirm state of health, or rather an Almost Cessacion of health, waiting for a Comfortable Dismission from my Afflicted Painfull Body and from all the Sorrows, Troubles and Evils I have been Subject to in this Transitory, Vain Life; but that I may leave nothing undone that Ought to be done, that my Mind may free from all Earthly incumbrances, I do make, Publish and Declare this to be my Last Will and Testamt., in manner and form following:
Imprimis. I give, Devise and Bequeath all my Messuages, Lands, Tenements, Hereditaments and Premises, with their and every of their Appurtenances that I am Now Seized or Possessed of, Scituate, Lying and being in the County of Chester, unto my Dear Wife, Margaret Dukinfield. To hold to her and to the Heirs of her Body by me Begotten, that is to say, my Will is, That my Dear Wife, Margaret, shall possess, enjoy, Receive and take the Rents, issues and Profits of all the said Messauges, Lands and Tenements for and During the term of her Natural Life, if she shall so long Continue my Widow,
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156- 157 unmarried, and if it shall so happen that she should have no Child living by me Begotten, and she Continues my Widow During the Term of her Natural Life, then my Will is, and I do hereby give to my said Dear Wife, Margaret full Power to make a Will and to Devise, Bequeath and to give by Virtue of such Will, the full sume of Three Hundred Pounds, Sterling Money of Great Britain, to Such of her own Relation or Relations nearest in Blood as she may think fit, or that she may think most Deserving of her Favours, the said Sume to be Raised out of the Rents, Issues and Profits Arising from my. Messuages, Lands and Tenements aforesaid; but if my Dear Wife, Margaret, shall marry again, I then give and Devise all my Messuages, Lands, Tenements, Hereditaments and Premises with their Appurtenances in the County of Chester aforesaid, unto my Brother, John Chorley, and my Nephew, Samuel Duckinfield, Son of the Late John Duckinfield, of Bristol, Esqr., and their Heirs to hold to them and their Heirs upon the Several Trusts hereinafter Mentioned, that is to say, upon trust from from and after such Marriage, and not Otherwise, to Pay her one third only of the said Rents, issues and Profits Arising from my said Messuages, Lands and Tenements for and During the term of her Natural Life, and to Apply the Remainin two thirds of the said Rents, issues and Profits, or so much thereof as my said Trustees in their Discretion shall think Reasonable, for the Maintenance and Education of such of my Children or Child by my said Wife as shall be Living at such Marriage; and if there shall be Any such Children or Child Living at her Death, then upon Trust my said Trustees shall Apply the Whole rents Issues and Profits of the said Premises, or so much Thereof as they shall think Reasonable, for the Maintenance and Education of Such Children or Child untill the Eldest of such Children or only Child shall attain his or her age of Twenty One Years, and from and after his of her Attaining such Age, Upon Trust, that my said Trustees and their Heirs shall as soon as conveniently may be, make a Proper Division of Equal Proportion and of Equal Value of the said Premises, According to the Number of Such Children then Living, the Whole in Equal Share and Parts, to be Divided and Given to them. The Necessary Expenses and Charges the said Trustees may be at in Making such Division to be first Paid to them; but if there should Happen to be but one such Child, then my Will is that my said Trustees shall Convey the said Premises unto such Only Child on his or her attaining such Age as Aforesaid and his or her heirs or Assigns for Ever; but if there should be no such Child or Children living, by me Begotton on the Body of my said Wife and she shall Marry again, I Will that my said Trustees shall Receive and Take two Thirds of the said Rents, issues and Profits of the same Premises
| unto them, the said John Chorley and Samuel Duckinfield, Equally Between them, and Pay the remaining one third unto my said Wife for and During the term of her Natural Life, and from and after her Decease, I give & Devise my said Messauges Lands and Tenements unto my Nephew, John Chorley, Son of my Sister, Jane Chorley, to him and to his Heirs Lawfully Begotten, he Paying to my said Nephew, Samuel Dukinfield, one third only of the rents, issues and Profits of the said Premises, untill such time that my said Nephew, Samuel Dukinfield, should Obtain such a Support by his Profession in the Law as may rais him Above the Misfortune of Necessity, or should Come into Possession of the Hereditary Title and Estate Successive in the Duckinfield Family, or by any other Means should Obtain the Comfortable supports of Life, And no longer.
I give and Devise unto my Worthy Friend, Mr. Joseph Collett, all my Plantations, Negroes and Estate of What kind or Nature soever, Scituate in North Carolina, in america, upon trust; that is to say, my Will and Desire is that the said, Mr. Collett would not Refuse taking upon him this Last Request from me, that as Soon as Conveniently, he Would sell and Dispose of the said Estate, both real & Personal, to such Person and Persons at and for such rate or Price as he Can Best Obtain, and do and shall Apply the Purchase Money to Arise from such sale thereof, as I by any Writing Signed and Sealed by me in the Presence of one or More Credible Witnesses, shall Direct or Appoint.
I Give and Devise to my said Dare Wife, Margaret, all my Leasehold Estate in Ludgate Street, London, and also all the rest and Residue of my Personal Estate Whatsoever and Wheresoever.
Finally, I Constitute and Appoint my said Dear Wife, as long as she Continues my widow, Unmarried, my Executrix, but in case of Marriage, I Constitute & Appoint my Brother, John Chorley, and my Nephew, Samuel Dukinfield afsd., my Executors of this my Will; and I do hereby enjoyn them to be as assistant and as Servissable to her as they Possibly can, to Act and to do upon her Request, with as much Sincerety, faithfulness and Chearfulness in all things in the best and most Comfortable manner for her Well being in Life, as if I had Particularly Nominated them to be joint Executors with her During her Continuance my Widow unmarried.
I Constitute and Appoint my Dear Friend, Mr. Joseph Collet, my Executor of all my Affairs in North Carolina, to Act and to do, Dispose and Sell every Part and Parcel thereof in the Best Manner he Can; and this trust I know he is best Qualified for.
But if my Brother, John Chorley and my Nephew, Samuel Dukinfield, should not Behave with that Relative Affection and
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158- 159 Regard that is sutable and Due to her as being my Wife, or should refuse to Act for her in the best Manner they can, or Jointly With her whenever She either Desires or Requiers such Assistance, then in this case, I Will, impower & Authorize my sd. Dear Wife, Margaret, to make her Will and to Devise and Give every of the Premises aforesaid unto such of my Relations, Nearest in Blood, that shall Behave with a Much Superior Degree of Sincere Affection and Respect Suitable to the Near Relation she stands in to them by being my Wife, than they have really shewen to her in my life time; but if such Respect and Esteem be not fully Given to her, then my Will is that my said Dear Wife, shall Devise, Bequeath and Give by her Will all the sd. Premises, to any of her Own Relations, nearest in Blood, that my best deserve such favour from her, Provided, she Continues my Widow Unmarried, During her Natural Life. I know no Reason to Subject a Good & Dear Wife to the Insults and Precarious Humours of Relations.
I Will that my Dear Wife shall Bury me in the same Grave where my Dear family lies, in Bun hill burying Burying Ground, London, without the least Pomp or Show, Which to me is a Strange Absurd Vanity, to Tarry Death Victories over Mortals in Triumph to the Grave; my Desire is to be Buried With as much Privacy as Consists With Decency, and when Pleas God, my Dear Wife Departs this Life, it is my Desire that she should be Buried in my Grave.
If any one should Pretend to Dispute this, my Last Will and Testament, in order to Give Uneasy Disturbances to my Dear Wife, in my real intention of preventing such a Vise Wicked Practice after my Death, I require and Charge my Executors aforenamed if they Continue faithfull Assistance to my Dear wife, and if otherwise, I desire my friend, Mr. Joseph Collet, Will lay this my Last Will and Testmt. Before the Right Honourable Lord High Chancellor, Who will Determine it agreeable to my sincere intention which is the Plenory Cumfort and Welfare of my Dear Wife, and that she may possess all that I have given her Without the least molestation. I have not studied Law Phrases but have Used Words without guile, Suitable to the Simplicity and integrity of my Own mind and With Intire Approbation of my own Reason and Consideration of things.
I revoke and make Void all former Wills by me made, and I hereunto set my hand and Seal to Each side of this Paper wherein this my last Will is Contained. Written with my Own hand this fourth Day of July, in the Twentieth Year of our Most Rightfull Lord Sovereign, George the Second, King of Great Britain, France and Ireland &c. and Glorious Defender of the faith and the Libertys of Europe, Annoq. Dom., 1746.
N. DUKINFIELD.
| Signed, Sealed, Published and Declared by the said Nathaniel Dukinfield, the Testator, and for his last Will and Testament in the Presence of us Who Subscribed our Names as Witnesses hereto in the Presence of the Testator:
WILLIAM PRIOR
JOSEPH COLLET.
DOROTHY POTTS.
Thomas, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, do by these Presents make known to all men, that the tenth Day of May, in the Year of our Lord, One Thousand, Seven Hundred and fifty, at London, before the Worshipfull Robert Chapman, Doctor of Laws Surrogate to the Right Worshipfull John Bettesworth, Doctor of Laws, Master keeper or Commissary of our Prerogative Court of Canterbury, Lawfully Constituted the Last Will and Testament of Nathaniel Dukinfield, Late of the Parish of St. George, in the County of Middlesex, Esqr., Deceased, hereunto Annexed, was Proved, approved and Registred. The said Deceased, having Whilst living and at the time of his Death, Goods, Chattles or Credits in Divers Dioceses or Jurisdictions, by Reason Whereof The Proving and Registering of the said Will and Granting Administration of all and Singular the said Goods, Chattles and Credits, and Also the Auditing, allowing and final Discharging the Accompt thereof, are Well known to Appertain Only and Wholy to us and not to any inferior Judge; and that Administration of all and Singular, the Goods, Chattles and Credits of the said Decd. and any way Commencing his Will was granted to Margaret Dukinfield, Widow, the Relict of the said Deceased, and Sole Executrix Named in the said Will, being first Sworn well and faithfully to Administer the Same and to make a true and Perfect Inventory of all and Singular the said Goods, Chattles and Credits, and to Exhibit the same into the Regestry of our said Court on or before the Last Day of November, Next Ensuing; and Also to Render a just and True Accompt. thereof.
Given at the time and Place aforesaid and in the third year of our Translation.
(The Seal of London)
WM. LEGARD
PET: J. ELOY
HEN: STEPHENS
Deputy Register.
TO ALL TO WHOM THESE PRESENTS SHALL COME: I, Joseph Collett, of London, Merchant, send Greeting:
Whereas, Nathaniel Duckinfield, late of Utkinton, in the County of Chester, Esqr., decd., did in his Life time, Duly make and Publish his last Will and Testament in Writing, bearing Date, the fourth day of July, One Thousand, Seven Hundred and forty Six, and thereof Constituted and appointed his Wife, Margaret Dukinfield, as long as she continues his Widow Unmarried, His Executrix. But in Case of Marriage, the said Testator Constituted and Appointed his Brother, John Chorley, and his Nephew, Samuel Duckinfield, Executors of his said Will; and the said Testator did also by his said Will Constitute and Appoint me, the said Joseph Collett, To be his Particular Executor of all his Affairs in North Carolina, To Act and to do, Dispose and Sell every Part & Parcell thereof,
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160- 161 Which said Will has been Duly proved by the said Margaret, the sole General Executrix thereof in the Prerogative Court of the ArchBishop of Canterbury as by the said Will and the Probate thereof, Relation being thereunto Had, may more fully and at large appear.
Now, Know ye, that I, the said Joseph Collett for Divers Good Causes and Considerations me hereunto especially moving, do hereby Refuse to take upon me the Executorship for the Affairs of Nathaniel Duckinfield, the Testator, in North Carolina, or Elsewhere, or to intermedle in Any Manner therewith; And do Absolutely Renounce the Probate of the said Will and that this my Refusal and Renunciation may have its due Effect, I do hereby Name, Constitute and Appoint the said Margaret Dukinfield, the Widow and Relict of the said Nathaniel Dukinfield, to be my Procurator and Attorney for me and in my Name to Appear before the Governor of North Carolina aforesaid, or any other Competent Judge in that behalf, to Exhibit this my renunciation and to do whatever Elce shall be requisite or Necessary to be done in and About the Premises for the Purposes Aforesaid; and I do hereby Promise and agree to ratify and hold for firm and irevocable, all and Whatsoever my said Procuratrix or Attorney shall Lawfully do, or cause to be Done, in and about the Premises, by Virtue of these Presents.
In Witness whereof, I, the said Joseph Collett, have hereunto set my hand and Seal, this 29th. day of July, 1755, and in the 29th. Year of the Reign of George the Second, King of Great Britain and soforth.
JOSEPH COLLETT (Seal)
Sealed and Deliverd, being first Duely stamped, in the Presence of us:
SAMUEL DUKINFIELD.
BENJAMIN ROSEWILL.
NORTH CAROLINA, BERTIE COUNTY, SS. January Court, 1756. Present His Majestys Justices:
Mrs. Margaret Dukinfield, Widow of Nathaniel Duckinfield, Esqr., Late of the Kingdom of Great Britain, Deceased, appeared in Court and Produced duly proved and Certified under the corporation Seal of the City of London, A renunciation and Refusal of Joseph Collett, of London, Merchant, to Act as Executor of the Last Will and Testament of the said Nathaniel Duckinfield, in which Office by the said Testator as to that Part of his Estate which is in this Province, and also Produced a Copy of the Will of the said Testator duly proved and Certified in the Prerogative court of the Arch bishop of Canterbury, which Renunciation and Will are Ordered to be Recorded.
The said Margaret Dukinfield then Moved the Court to Letters of Administration on the Estate of the said Nathaniel Dukinfield, with the Copy of his Will Annexed, which is Granted on her Giving Security in the Sum of One Thousand Pounds, Proclamation Money, and Ordered that Letters Accordingly Issue.
Whereupon, Samuel Ormes, Esqr., and David Ryan, Gent., offered themselves as Security for the said Administration and Were Approved of by the Court, Which was Ordered to be Certifyed.
Test. BENJN. WYNNS. Cler. Cur.
Recorded in Will Book 7, page 144, Office of Secretary of State.
| WILLIAM DUCKENFIELD'S WILL. NO. CAROLINA. SC.
IN THE NAME OF GOD AMEN. I, William Duckenfield, formerly of Cheshire, in Great Britain, but now of Chowan Precinct, in North Carolina, Esq., being of sound & perfect mind & memory, Do make & declare these presents to be & containe my last Will and testamt: hereby revoking all former & other Wills & Testaments by me heretofore made or declar'd.
First, I will that all my Lawfull Debts be well & truly paid & satisfied by my Executor or Executors hereafter named, within convenient time after my Decease.
Item. I give & bequeath unto my Loving Brother, John Duckinfield, the Sum of fourty pounds P. Annum, during the Term of his naturale Life, to be paid unto him Yearly by me Executor or Executors hereafter named, out of my Estate which I shall leave at my decease, the first payment to become due & payable at the Expiration of one Year after my Decease & to be paid in Pork, Indian Corn, Pitch or Tarr, at the prices now Currant. I also Give & bequeath unto my sd. Brother, John Duckenfield, the the Bed he now lies on, together with the Furniture to the same belonging.
Item. I give & bequeath unto my Loving Cousin, Charles Barber, of North Carolina, one Young Horse & one Mare & twenty pounds.
Item. I give & bequeath unto my Loving Friend, Edward Mosely, of Chowan Precinct, Gent., the Sum of Twenty pounds to buy him & his wife each, a Suite of Mourning.
Item. All the rest & residue of my Estate whether Reale or personale, Of what Nature, Kind or Quality Soever or wheresoever, that is now due & belonging to me, Or which hereafter shall become due unto me by any manner of waise or means whatsoever, I give, devise & bequeath ye Same unto my Loving Cousin, Nathaniel Duckinfield, Son of my Brother, Sr. Robert Duckenfeild, Baronet, and to his Heirs & Assignes for ever. And in case my sd. Kinsman, Nathaniele Duckinfeild shall depart this Life before me having no Lawfull Issue, then & in such Case I give, devise & bequeath the Estate which I have intended for my sd. Kinsman & his Heirs, unto Mary, Anne, Susanna, Jane, Sarah, Katherine & Judith Duckinfeild, the Sisters of the Sd. Nathaniel of ye whole Blood & to their Heirs & Assigns for ever. But if my sd. Kinsman, Nathaniele Duckinfeilfd, shall depart this life before me & Leaving Lawful Issue, then my Will, true Intent & meaning is, that ye Estate before mentioned & every part & parcele thereof shall come,
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162- 163 remaine & be unto ye Lawfull Issue of my sd. Kinsman, Nathaniele, & their Heirs forever.
Lastly, I do hereby Nominate & appoint my sd. Kinsman, Nathaniele Duckenfeild to be Executor of this my Will & of all other Wills & Testaments whereof I am Executor, particularly the Will of John Arderne, late of North Carolina, bearing date ye twenty second day of October, Anno Dmi. one thousand seven hundred & seven, & to have, take & receive all which shall of right appertain unto me by force of such Wills, to him ye sd. Nathaniele Duckinfeild & his Heirs for ever. But if the sd. Nathaniele, shall depart this Life before me without having Lawful Issue then I will that my nieces aforsd, Mary, Anne, Susanna, Jane, Sarah, Katherine & Judith Duckinfield, shall be Exors., of this my Will & of all other Wills & Testam'ts whereof I am Executor, particularly the Will of John Arderne aforsd. And then the sd. Mary, Anne, Susanna, Jane, Sarah Katherine & Judith Duckinfeild to have, take & receive all wch shall of right appertain unto me by force of such Wills, to them, my said Neices & their Heirs for ever.
In Testimony whereof, I the sd. William Duckenfeild, have hereunto sett my hand & Seale, this Seventeenth day of May, Anno Dmi., 1720.
WILLIAM DUCKENFEILD (Seal)
Sealed, Published & declared
In the Presence of us:
THOMAS ASHLEY.
JNO. POWELL.
BENJ'N SOAMES.
his
JOHN I C CHERRYHOLME.
mark.
JOHN DUCKENFEILD.
ED. MOSELEY.
NORTH CAROLINA. SS. Charles Eden, Esqr., Governor.
The within Will of William Duckenfeild, Esqr., was prov'd before me by the Oaths of Thomas Ashley & John Cherryholme, two of the Evidences thereto.
In testimony whereof, I have hereunto set my hand this 27th day of Feb'ry, 1721.
C. EDEN.
Letters Granted the 1st of March, 1721.
Recorded in Will Book 2, page 311, Office of the Secretary of State.
| ALEXANDER DUNCAN'S WILL. NO. CAROLINA SS.
IN THE NAME OF GOD AMEN. I, Alexander Duncan, of Wilmington, Merchant, Intending, please God, going Soon for Great Britain & knowing the uncertainty of Human Life, in Case of my death do make this my Last Will and Testament for the ordering & Disposing of what Worldly Estate or Personal Interest which it has pleased God to Bestow upon me.
In the First place, I give and bequeath unto my Brother, Robert Duncan, if allive, the Sum of three hundred Pounds Sterling money, to him or his heirs; In case of his death or having no heirs, this Legacy to be divided equally between the Surviving Children of my Sisters, Elizabeth Ronaldson, Deceased, & Margaret Henery, now Supposed to be in Edinburgh, if not there, Let enquiry be made where my said Nieces & Nephews do Live; I Also Will & bequeath to Said Children of my said Sisters, as many as there may be of them, the sum of Seven hundred pounds Sterling, to be equally divided among them, Share & Share alike, to them & their heirs. These Legacys I desire to be made to Alexander Purves, Esqr., in Edinburgh; or to John Clark, Goldsmith there; in Case of their death, to Mr. Thomas Smith, Merchant there, as soon as my Executors Can, not Exceeding two years at Farthest.
I Give & Bequeath to John Rutherfurd, Esqr., of this Province, the Sum of One thousand pounds Sterling money, by him to be disposed of as he pleases, the same to be Remitted to his order in London, as soon as the Circumstances of my affairs will permitt, not exceeding three years, to him & his heirs.
My Will & Desire is also, that my Executors may within two years after my decease, if Circumstances will permitt, purchase four young Negro Men & as many young Negro women that are likely, which I desire them, my Executors, to make a present of to James Moore, Esqr., for his use during his own life; in case of his death before his wife the said Negroes are to decend to her, and their Increase to be willed & Disposed of as she pleases.
I Also give & bequeath to Thomas Cunningham, Junior, who has Lived with me with great fidelity, the sum of four hundred Pounds, Proclamation money, to assist him to follow Trade, if he pleases, which if he does, I desire That my Executors may procure for him in England, Credit to ammount of five hundred pounds, Sterling, for the payment of which they are to be his Security. To Ammount of the Four hundred pounds, Proclamation money, my Executors are to Remitt for him, it being the sum I give him & his heirs, the rest he to make payment of himself.
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164- 165 I Give & Bequeath towards the finishing, if finished, towards Adorning Wilmington Church, the sum of four hundred pounds, Proclamation money, to pay which the Executors of my Will are desired to make over to the Judge of the Superior court for the time Being, the ammount of that sum in some Sufficient Bond or note due to me at the time of my death, to be Recovered for this purpose.
I Give & Bequeath, Frances Rutherfurd, daughter of John Rutherfurd, Esquire, the Same Legacy as I have given to Colonell James Moore, above mentioned, in Case she returns to this Province & Marys here; But in Case of her Living in Europe & Marying there then I Leave to her four hundred Pounds, Sterling, to be paid to her when she Marys or is of Age, to her & her heirs forever.
I Give & beqneath to the Daughter of John Walker, a Carpenter in Wilmiugton, by his wife, Isobell Walker, being his Last Marriage, (this girl Lives or did Live at Richard Lyons at Cross Creek) if allive at my death, three Negro Girls to be purchased in Like manner as the Others I Leave above mentioned, which Legacy is to be in Trust for this Girl till she Comes of Age or is marryed, with the Wife of Thos. Cunningham, in Wilmington, if dead, young Thomas Cunningham to take care of them for her use forever.
My desire also is, that the following Sums may be paid Soon after my Decease as a token of my friendship & Esteem for the following persons, either to purchase mourning Rings &c in Remembrance of me, at their option, or disposed of as they think proper, Cornelius Harnett, Twenty Pounds, Sterling, His wife the same Sum; Mary Grainger, widor of Caleb Grannger the same sum; Mr. Maurice Moore the same sum, His wife the same sum; Captain John Forster the same Sum, His wife the same sum; & to Alexander Chapman the same sum; All which is to be understood if these persons are allive at the time of my death and are in North Carolina.
Having an opinion of the good qualitys of Arthur Benning, of Wilmington, and Considering him as unfortunate in this part, I will & Bequeath that my Executors make over to him for his Sole use if allive, the Sum of Five hundred Pounds, Proclamation Money, out of such debts in this Province as may be due to me at the time of my death, to him & his heirs or Assigns.
I Will and bequeath to Robert Schaw, my now Partner, after my debts and the afforesaid Legacies are paid, one half of all the Outstanding Debts that may be my part in this Province or in America at the time of my Death, as also one quarter part of all the Ready Effects, or Negroes that are now my part in Company with him & Mr Ancrum to him and his heirs forever.
| And Lastly, I give & Bequeath to John Ancrum, my now Partner, all the rest of my Real or Personal Estate not before given, to him & his heirs forever, Who with Robert Schaw, I Constitute & Appoint my Executors of this my will, to see it Executed as it means without any form of law, which they know I never Choose to have any thing to say to, on which Account I make this will more for their Government in the distribution of my Effects, than to have it conformable to law, & I desire that they may Construct it as such knowing this to be my hand writing without even a Witness as the Law in all Wills directs, therefore desire that they may agree in all things Like Brothers, Live together in Harmony to perform their friend's Will & Remember him only as he has deserved.
Given under my hand as my Last Will and Testament at Wilmington, the 11th. May, 1767.
ALEXR DUNCAN.
P: S: Mrs. Elizabeth Hall may be in Ordinary Circumstances, in Case of her being so, my Will is that during her Continuance as such, that my Executors pay her yearly the sum of Thirty Pounds, Proclamation money, for her assistance.
NORTH CAROLINA.
The Within last Will and Testament of Alexander Duncan, deceased, was proved before me this 18 Day of May, in the Year of our Lord, 1768, by Thomas Cobham and William Lord, who swore that they were well acquanted with the Handwriting of the said Alexander Duncan, the Testator, and that they verily believe the said deceases Name, as well as the whole Body of the Will, is of his, the said Testators own proper Handwriting. The said Thomas Cobham and William Lord further declare, that they were both before and since the Date of the said Will, well acquainted with the said Alexander Duncan in his Life Time, and were often in his Company, & that they believe at the Time of the date the Said Will He was of sound and disposing mind & Memory.
John Ancrum and Robert Schaw the Executors therein named took the Oaths appointed for their Qualification.
Ordered That Letters Testamentary issue thereon accordingly.
WM. TRYON.
(Endorsement)
Alexr. Duncan's Will. Recorded.
This is the Will of Alexander Duncan of Wilmington, merchant at the time of Leaving North Carolina, going for England, which is not to be Opened till Accounts are Certain of his Decease.
Copied from Original Will filed in the Office of the Secretary of State.
GEORGE DURANT'S WILL. IN THE NAME OF GOD AMEN, the ninth day of october, 1688. I, George Durant, of the Countie of Albemarle, in the Province of Carolina, Marriner, being in perfect health and memory,
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166- 167 thanks bee to Allmighty God for the same, and calling to mind the uncertain state of this transitory life and that all flesh must yeld unto Death when it shall please to call and being desirous to Settle things in order, Doe make this my las will and Testament in Manner and forme following. Revoking and Absolutly Un willing by these presents, all and every testament and testaments, will and wills, heretofore by me made and declared, either by word or by wrighting, notwithstanding any promise to the contrary or clause derogatory in the same, and this to bee taken only for my last will and testament and non other.
First, I bequeath my soule to God my maker and to Jesus Christ my Redeemer and to the Holy Ghost my sanctifier; and my bodie to the Earth from which it came, to bee buried in such decent and Christian manner as to my Executor shall bee fitt and convenient, there to rest untill my body and Soul shall meete again at the Joyfull Resurection; and for my worldly estate I give and bequeath as followeth:
1st. I bequeath to my son John Durant my plantation wheron I now live with the eaquall part of on half of the tract of land belonging thereto to him and his Heiyrs male, lawfully begotten of his own bodie for ever, and the other half of the said tract of land I give to my son Thomas Durant, and to his Heiyres male, of his bodie lawfully begotten, forever, and in case of failing of Heiyrs as Aforesaid, that then the of * * either of them is * * (Illegible). My will is that my Nephew George Durant, the son of my brother John Durant, of London, Shall enjoy the whole tract of land, to him and his Heiyrs male, of his own body begotten, for ever and for want of such Heyers as aforesaid, that then the said plantation and land to fall to Henry Durant, the son of my Brother John Durant aforesaid, and for want of Heyre male as aforesaid in him, then my other Nephew John Durant, the sone of my Brother John Durant aforesaid, and his Heyres male as aforesaid, to have hold and enjoy for ever. and for want of Heyers in him I doe give and bequeath my said plantation and tract of land thereto belonging * * * (Illegible). Rights and priveledge for ever.
2ly. I doe give and grant to my loving wife, An Durant, my Said plantation, with all benefitts and profitts during hir naturall life, without controule or any molestation whatsoever, and that all the remainder of my estate be equally divided between my loving wife, An Durant, and my Daughters Sarah, Matytya, Pertyenia and Ann Durant, and likewise I doe here make my loving wife, An Durant, to bee my whole and Sole Executrix to see this my last will performed, leaving her the trust of my Children untill they shall come to age or maried.
| In Witness whereof I have hereunto sett my hand and seale the day and year first above written.
GEO. DURANT (Seal)
Signed sealed and delivered in presence of
JOHN PHILPOTT.
The marke of
FRANCISHOSSTEN.
The Marke of
JOHN C CULLY
Proved in Court by the oath of Mr John Philpott and Mr Francis Hossten, ye 6th day of Feby 1693-4 Attested EDWARD MAYO Cler
Recorded ye 26th day of Feby, Anno Do: 1693-4, EDWARD MAYO Cler.
Copied from Original Will filed in the Office of the Secretary of State.
GEORGE DURANT'S WILL. IN THE NAME OF GOD AMEN, ye Twenty Fifth Day of May, 1730. I, George Durant, of ye County of Albemarle, in the Province of North Carolina, being very Sick and weak in Body but of perfect mind and Memory, thanks be to Almighty God for the same, Therefore calling to mind the Mortallity of my Body, and knowing that it is appointed for all men Once to Dye, doe Make and Ordain this my Last will and Testament, That Is to Say:
Principally, and first of all, I give and Recommend my Soul Into the Hands of God that gave It; and my Body I Recommend to the Earth to be Buried In decent and christian manner at the Discretion of my Executors, nothing doubting but at the Generall Resurrection, I shall receive the same again by the Almighty Power of God; and as touching Such worldly Estate Wherewith it hath pleased God to bless me in this life, I Give, Demise and Dispose of the same in the Following manner and Form:
Imprimis: I order one moyety or Tract of Land Containing Five Hundred Acres, It being and Lying on the South Shore, to be Sold by my Executors, and the one half of the Money to Paid to Anthony Hatch's Estate.
Item. I give and Bequeath to my well Beloved Son, George Durant, one Bible, one Silver beeker with G. D. A. upon It. And Further, I Desire my Executors to Build one Barn on the Plantation I now Live on and the Charge to be Paid out of my whole Estate. And Likewise, I Order one Brick Chimney to be Built to my Daughter, Mary Durant House.
Item. I Give to Anne Longlarther, Five Pounds, Currant
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168- 169 Money. And also, my Will is that my Son, George Durant, should have as good Learing as can be had In this Government.
And after my Lawfull Debts being Paid, Then my whole Estate to be Equally Devided Between my Five Children, Anne Durant, Mary Durant, Sarah Durant, Elizabeth Durant and George Durant, and that each Child to be paid as they Come of Age; and In Case of Death Before They Injoys their Estate, That then their part to be Equally Divided between the Survivors.
And Likewise, I Doe hereby make my Loving Brothers, Zebulum Clayton and Richard Whidbee, to be my whole and Sole Executors to see this my last will performed. Leaving them the care and tuition of my Children Untill they Shall come to age or marryed.
In witness whereof, I have hereunto Sett my hand and Seal, the Day and year first above written.
GEO. DURANT (Seal)
Signed, Sealed and Delivered In presence of:
his
THOMAS J SNOWDEN.
mark.
ELIZABETH GIBSON.
JOHN STEVENS.
Sept. 29, 1730.
Proved this will by the Oath of Mr. John Stephens.
RICHD. EVERARD.
Copied from the Original Will, filed in the Office of the Secretary of State.
RICHARD EAGLES’ WILL. IN THE NAME OF GOD AMEN. I, Richard Eagles, of the County of Brunswick and Province of North Carolina, Gentleman, being weak in body but of sound mind & memory, and Considering the uncertainty of this Life, do make this my Last Will and Testament in manner and form following, that is to say.
Imprimis: It is my will and desire that all my just Debts be paid out of the Profits of my Estate, by my Executors hereafter named.
I Give and Bequeath to my son, Joseph Eagles, son of Margaret Henrietta Eagles, my wife, formerly Call'd Marg't Henrietta Bugnion, his heirs and Assigns forever, the House, Plantation, Saw & Grist mills, where I now Live, together with all the lands I am now possessed of, Except such as is hereafter given to my Daughter, Susannah Eagles, or otherwise; Also
| I give to my Son Joseph, son to my wife Marg't Henrietta Eagles, formerly Called Marg't Henrietta Bugnion, fifteen Negroes, Big and little, as their families shall be; also, his Choice of four Lotts of Land in the Town of Wilmington, together with two thirds of all the stock I am Possessed of, Cattle, Horses, mares, hogs, sheep, &c.
Item. I Give and Bequeath to my Daughter, Susannah Elizabeth Eagles, Daughter to my late wife, Marg't Henrietta Eagles, formerly Called Marg't Henrietta Bugnion, Six hundred and forty Acres of Land Adjoin'g the Bank'd piece now Intend for a rice field & Bought of Hugh Blenning. Also, one third part of all the Land I now owne on the Island Commonly Call'd Eagles's Island, together with one half the number of Lotts in Wilmington, that I am possessed of Except such as are already given to my Son, Joseph; Also, one third part of all the stock I am possessed of Viz: Cattle, Horses, Mares, Hogs, Sheep, &c.
Item. I Give and Bequeath to my Two Cousins, Jean & Elizabeth Davis, one young Negro each, about their owne Age, to them & their Heirs for ever.
Item. I give and Bequeath to my Sister, Elizabeth Davis, the House she now lives on the no. side of the mill Pond, with the field that is fenced in, as long as she Lives, after her Death, to return to my son, Joseph Eagles.
Item. I Give and Bequeath to Jeanet McFarling, for and in Consideration of her faithfull and Diligent Care & Attendance in Mrs. Eagles's life time as well as since; two Negroes, Vizt: a wench Called Caelia, and a Boy Call'd Peter, to her & her heirs forever; And it is my Desire that she, the sd. Jeanet McFarling, be and remaine in the house I now live, to have the Care of the Stock, Poultry, &c., and that my Execut'rs pay her the sum of Thirty five pounds, procl., Yearly until she is married or my son, Joseph, Come to the Years of Eighteen; Afterward as long as he shall think proper & no longer.
Item. I Give and Bequeath to John Eagleson, my Negro boy Jack, also, I do hereby Assign over to him the Mortgage of Price's Land, Commonly Call'd Judy's Branch, & four Mares & Colts.
It is my Desire that my two Molatto Boys, Natt & George, both have their freedom, when they arrive to the Age of thirty five Years. And Also that my Negro fellow, old Larry have his freedom, as soon as my son, Joseph, Comes of age, ’till which time to be and remaine on the plantation as usual, without being turn'd into the feild or other hard Duty.
Item. It is my will & Desire that all my Negroes, Except those already Bequeathed away, together with all my household Furniture, Plate, Beds, Bedding &cs., be Equally Divided
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170- 171 between my Son, Joseph & Susanna Elizabeth Eagles, Son & Daughter of my late wife Marg't Henrietta Eagles, formerly Marg't Henrietta Bugnion, and that the remaining half of the Lotts of Land in Wilmington be the property of my Son, Joseph.
Lastly, I do hereby Nominate & Appoint, John Gibbs, Robt’ Shaw, John Ancrum, & Thos. owen, Executors of this my last will & testament, revoking all other former wills by me made, ratifying & Confirming this, & no other.
In witness whereof, I have hereunto set my hand & seal, this Twenty third day of March, in the year of our Lord, one thousand, seven hundred & Sixty Nine.
RICH'D. EAGLES ( )
Sign'd, Seal'd & Publish'd & Declared to be the last will and Testament of Rich'd Eagles, In Presence of:
(The Date alter'd before Sign'd.)
JOHN, WALKER.
JNO. FERGUS.
MARY WALKER.
Codicil of the Last will & Testament of Rich'd Eagles.
’Tis my will and Desire that Mr. Wm. Dry, has a Title for a Certaine piece of Land Bo't of my Father, Rich'd Eagles & never yet Confirm'd lying and being on the Island near the sd. Wm. Dry's Brick house, he making my Heirs a Title for one Square acre out of the same, on the Side next Wilmington.
RICH'D EAGLES.
Sign'd Seal'd, Publish'd & Declar'd in the Presence of us, this 23d March 1769.
MARY WALKER,
JOHN WALKER.
JNO. FERGUS.
The within last Will and Testament of Richard Eagles, with the Codicil Annexed was proved before me this thirty first day of March, 1769, by the Oaths of John Walker and John Fergus, two of the subscribing Witnesses thereto, who swore they say the Testator sign, seal, publish and declare the same to be and contain His last Will and Testament; and that at the Time thereof, He was of sound and disposing Mind & Memory.
John Gibbs and Robert Shaw two of the Executors therein named took the Oaths appointed for their Qualification.
Ordered that Letters Testamentary issue thereon accordingly.
WM. TRYON.
Copied from Original Will, filed in the Office of the Secretary of State.
| WILLIAM EATON'S WILL. IN THE NAME OF GOD AMEN, February 19th, 1759. I, William Eaton, of Saint John's Parish, in Granville County, do make & Ordain this my last Will and Testament, in Manner and form following: to wit, First I bequeath my Soul to God that gave it, trusting in Merits and Advocacy of my ever blessed Lord and Saviour, Jesus Christ, for a Remission of all my Offences, and my Body I commit to this Earth to be decently intered at the Discretion of my Executors herein after named. And as for such Worldly Estate as it have been pleased almighty God to commit to my Stewardship, I give, dispose and bequeath the same in Manner following: That is to say:
Imprimis: I give and devise unto my beloved Son, William Eaton, and to his Heirs and Assigns for ever, all my Lands, Tenements and Hereditaments in the Counties of Dinwiddie and Brunswick, in the Colony of Virginia, except the Land and Plantation I received of Willian Scoggan as Heir to John Scoggan, and my Lot and House in the Town of Petersburgh.
Item. I give and bequeath unto my Daughter, Jane Edwards, Wife of Colo. Nathaniel Edwards, all the Negro Slave which I possessed her in the Lifetime of Her former Husband, Anthony Haynes. And it is my Will and Desire that they, with all their Increase, shall descend, pass, go and remain according to the disposition made of them respectively by the last Will and Testament of the said Anthony Haynes. Also I give to my said Daughter, Jane, five Shillings, Virginia Currency.
Item. I give and bequeath unto my Daughter, Anne Haynes, Relict of Andrew Haynes, deceased, all the Negro Slaves of which I possessed her in the Lifetime of her said Husband. And it is my Will and desire that the said Slaves respectively, with all their Increase, shall pass, go, descend and remain according to the disposition made of them by the last Will and Testament of the said Andrew Haynes. Also I Give to my said Daughter, fifty Pounds Virginia Currency, of the Debt owing to me by Colo: Richard Kennon.
Item. I Give and bequeath unto my Daughter, Mary Jones, Wife of Robert Jones, jun: three Negroe Slaves, to wit, Aggey, Annaca & Bob, and all their Increase, which said Negroes are now in the Possession of the said Robert Jones. Also I give to my said Daughter one hundred and eighty Pounds, Virginia Currency.
Item. I give and bequeath unto my Daughter, Sarah Johnson, Wife of Charles Johnson, all the Slaves and Personal
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172- 173 Estate whereof I Possessed her in the Lifetime of her former Husband, John Thornton, And it is my Will and desire that the said Slaves with their Increase, and personal Estate, shall go, descend, pass & remain according to the disposition made of them respectively, by the last Will and Testament of the said John Thornton. Also I give to my said Daughter five Shillings, Virginia Currency.
Item. I give and bequeath my ten Negroe Slaves, namely, Beck, Nell, Lucy, Oustom Son of Lucy, Jenny & Jenny, Daughter of Hannah, Haster, Rachel, Aggy & Essie, now in the possession of my Son in Law, Daniel Weldon, being formerly lent him, unto my Son in Law, Robert Jones, Junr. and my Son, Thomas Eaton, and their Heirs and Assignes in Special Trust and Confidence nevertheless and to and for the Uses, Intents and purposes following; and to or for no other Use, Intent or purpose whatsoever, that is to say to permit and suffer my Daughter Elizabeth Weldon for and during the Term of her natural Life to take, receive and dispose of at her Will and Pleasure exclusive of any power, authority, Interest or controul of her said Husband, and to and for her Sole separate Use, all and singular the profits arising from the Labour of the said Slaves and their Increase; so that it shall not be in the Power of her sd Husband to release, Charge, Change, alter or Incumber the same or any part thereof. And from & immediately after the decease of my said Daughter, I give and bequeath the said Slaves and their Increase, unto such Children as She shall have living at her Death, equally among them to be divided. But in Case any Child or Children of my said Daughter Betty shall depart this Life in her Lifetime leaving Children which shall survive her, then such Children shall be admitted to Share in the sd Slaves, with the Children of my said Daughter which shall be living at her Death vizt: to receive the same proportion of them as the Parent or Parents of such Grand-Children would be intitled to had they been living. And in Case all the Children of my said Daughter Betty shall depart this Life before her Death, then I bequeath the said Slaves and all their Increase, unto such Grand-Child or Grand-Children of my said Daughter as shall be living at her decease. And if it shall so happen that my said Daughter Betty shall have no Children, or Grand-Child. living at the Time of her decease, then I give and bequeath the said Slaves and their Increase to be divided into five equall parts among my Daughters and Grand Children and their Assignes for ever, to wit: One fifth part to the Children of Anthony Haynes, deceased, equally among them to be divided, one fifth part to my Daughter, Anne Haynes, one fifth part to my Daughter, Mary Jones, one fifth part to my Daughter, Sarah Johnson, and one fifth part to my Daughter, Martha. Also I give to my said Daughter, Betty, five Shillings, Virginia Currency.
| Item. I give and devise unto my Son, Thomas Eaton, and to the Heirs of his Body lawfully begotten for ever, the Land and plantation in Granville County, whereon I now live, including my reSurvey adjoining thereto; And for default of such Heirs, I give and devise the same unto my Son, Charles Rust Eaton, and the Heirs of his Body lawfully begotten for ever; And for default of such Heirs I give and devise the same unto my Son, William Eaton, and the Heirs of his Body Lawfully begotten for ever; And in default of such Heirs I give and devise the same to my next Heir at Law. Also I give and devise to my said Son, Thomas Eaton, and his Heirs and assignes for ever, my Plantation and Tract of Land in Granville County, commonly called Bowser's; Also my Two Tracts of Land whereon Lewis Ballard & Cormelial Earls live, being adjacent to the sd Tract of Land called Bowser's; Also my Tract of Land in Northampton, commonly called Cumboe's; All which said four last mentioned Tracts of Land I give and devise unto my said Son, Thomas, his Heirs and Assignes for ever, upon Condition that he pay & Satisfy to my Grand-Son Eaton Haynes, twenty Pounds, Virginia Currency.
Item. I give and Devise unto my Son, Charles Rust Eaton, and to his Heirs and Assigns for Ever, all my Lands, Tenements and Hereditaments Situate in the County of Halifax, except my Lots in the Town of Halifax.
Item. I give and devise unto my loving Wife, Mary Eaton, for and during the Term of her natural Life, my Tract of Land whereon Granville Court-house is built, with all and Singular my other Tracts of Land and Surveys of Land on Tobb's Creek and the branches thereof; and from and immediately after the decease of my said Wife, I give and devise the said Tracts of Land and the remainder and Remainders, Reversion and Reversions of each of them, unto my Son, Charles Rust Eaton, his Heirs and Assigns for ever.
Item. I give and devise unto my two Sons, Thomas, and Charles, and their Heirs for ever equally to be divided, my Lot of Land in the Town of Petersburg, to wit, my Son Thomas's part to include the Houses built thereon.
Item. I give and devise unto my Son, Thomas Eaton, & his Heirs for ever, my Tract of Land in Granville County, commonly called Gould's.
Item. I give and devise unto my Executors, herein after mention'd, my Tract of Land on little fishing Creek, commonly Called Youngs; my Tract of Land on Anderson's Swamp; and my two Tracts of Land on Smith's Creek, the one Called Hughe's and the other Rayborn's, to be by them Sold for the best price that can be got, and the money arising from the Sale thereof be applied towards discharging the Legacies by this my Will bequeathed.
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174- 175 Item. I give and devise unto my Son, Thomas Eaton, & to his Heirs for ever, my Lot in Halifax Town, adjoining the Market place and main Street, and desire that it may be saved at the Expence of my Estate.
Item. I give and devise all my other Lots in Halifax Town, unto my Son, Charles Rust Eaton, and his Heirs for ever, and do desire that such of the said Lots as are not already built on, shall be saved at the expence of my Estate.
Item. I give and bequeath unto my Daughter, Martha Eaton, my three Negroes namely, Pud, Sarah & Suckey & three hundred pounds, Virginia Currency; Also such Horses and Mares as are commonly called hers.
Item. It is my will and desire that my negroe Girl, Nanny, Daughter of Dido, now in the possession of Daniel Weldon, be returned unto my my Estate, And all and singular the residue of my Estate of what Nature or Quality soever, I give and bequeath in Manner following: to wit, one third part thereof to my beloved Wife, Mary, one third part to my Son, Thomas Eaton, and the other third part to my Son, Charles Rust Eaton. And that my sd Wife shall and may possess and enjoy her said proportion therein, for and during the Term of her natural Life & take and receive the profits arising therefrom to her own Use, and from and immediately after her decease, I give and bequeath the same to be equally divided into nine equal parts, to wit, one ninth part thereof to my Son, William, and his Assignes, one Ninth part to the Children of Anthony Haynes, deceasd, equally among them to be divided, one ninth part to my Daughter, Anne Haynes, and her Assignes, one ninth part to my Daughter, Mary Jones, and her Assignes, one ninth part to my Daughter, Sarah Thorton, one ninth part to the Children of my Daughter, Betty, which she shall have living at her death, equally among them to be divided, one ninth part to my Son, Thomas Eaton, and one ninth part to my Son, Charles Rust Eaton, and one ninth part to my Daughter, Martha Eaton.
Item. If either of my Sons, Thomas and Charles Rust, shall depart this Life before they shall attain the Age of twenty one Years, or are married, its my Will and desire that the Survivor shall have and enjoy the proportion of the residuum aforementioned of such of my sd Sons as shall so happen to die. And if both my sd Sons shall happen to die under the Age of twenty Years, and before marriage, then I give and bequeath their sd two Shares in the sd Residuum as follows: to wit, one seventh part to my Son, William Eaton & his Assignes, one seventh part to the Children of Anthony Haynes, deceased, equally among them to be divided among them, one seventh part to my Daughter, Anne Haynes, one seventh part to my Daughter, Mary Jones, and her Assignes, one seventh part to
| my Daughter, Sarah Thornton, one seventh part to the Children of my Daughter Betty Weldon, equally among them to be divided, and one seventh part to my Daughter, Martha Eaton, and her Assignes.
Item. It is my Will and desire that my Negroes belonging to my Plantation on Tabb's Creek be alloted in part my Wifes proportion of the residuum of my Estate aforesd, And that my Negroes at Mush Island be alloted in the proportion of my Son, Charles Rust Eaton. And that each of my said Sons, be put in Actual possession of their Estates at the Age of eighteen.
Item. In Case either of my said Sons, Thomas or Charles Rust, shall depart this Life under the Age of twenty one Years and before Marriage, its my Will and desire that the Survivor of them, his Heirs and Assigns for ever, shall have, possess and enjoy the respective Lands and Tenements by this my Will devised to such of my sd Sons, as shall so happen to die, in Fee Simple. And if both my said Sons shall die before marriage and under the Age of twenty one Years, then I give and bequeath the said Lands & Hereditaments by this my last Will & Testament devised to them in Fee Simple, unto my Son, William Eaton, his Heirs and Assigns for ever.
Item. It is my Will and desire that my Daughter, Martha, be allowed a Suitable Maintainance out of the Profits of my Estate until she Attains the Age of twenty one Years, or is married, And that the profits arising from the Estate herein bequeathed to my Sons, Thomas, and Charles Rust, untill my Son Thomas shall Attain the Age of Eighteen Years, be applied in educating and maintaining my said Sons and discharging the pecuniary Legacies by this my Will bequeathed.
Item. I do hereby Constitute, nominate, and appoint my beloved Wife, Mary Eaton, and my Son in Law, Robert Jones, junior, to be ye Executors of this my last Will and Testament, hereby revoking, disannulling and making void, all other Wills and Testaments heretofore by me made;
In Witness whereof have hereunto set my hand and affixed my Seal the Day & Year first above written.
WILLIAM EATON (Seal)
The foregoing Contents contained in pages one to eight inclusive was published, declared and pronounced by William Eaton, Gent. to be his last Will & Testament in presence of,
WM. PERSON
JAS. PAINE
RICHD. COLEMAN
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176- 177 At a Court held for Granville County, 20. March 1759.
This Will was proven by the Oath of William Person & James Paine, two of the Subscribing Witnesss thereto, to be the Act & deed of William Eaton, Gent. late deceas'd., then Mary Eaton & Robert Jun: the Executors in this Will named, Qualified as such according to law.
Teste. DANL. WELDON C. C.
Copied from Original Will, filed in Office of the Secretary of State.
CHARLES EDEN'S WILL. IN THE NAME OF GOD, AMEN. This twenty Sixth day of December, in the Year of our Lord one thousand seven hundred and twenty one, I, Charles Eden, Esqr. Governor of the Province of North Carolina, being in a very weak & languishing Condition, but thro’ the Mercy of God in a sound, perfect, & Disposing Mind & Memory, do make & Ordaine this, my last Will and Testament, hereby revoking all other & former Wills & Testaments heretofore by me made, & Confirming this to be my last Will.
Item. It is my Will and Desire, and I hereby order the same, that all my Just Debts in Great Britain be very speedily & punctually paid, after my Decease, according to a list of ye Same left in my Execut'rs Possession.
Item. I give to my Dear Niece, Mrs. Margaret Pough, Youngest Daughter of Robert Pough Esqr. Decsd. Five hundred pounds Sterling Money, of Great Britain, to be paid here at London, which is to be raised out of my Estate, as soon as possible after my Debts are paid and Satisfied.
Item. I give & bequeath unto my very Dear Friend, John Holloway, Esqr., of the Province of Virginia, my Negro Boy nam'd David, and my Gold Watch, to be delivered soon after my Decease.
Item. I give & bequeath to Daniell Richardsaon Esqr., his Choice of my Swords & Belts, the Mourning Ring left by Col. Hecklefeild, my horse called Taffy, my second best furniture, with my Boots & Silver Spurrs.
Item. It is my Will, that presently after my Decease, my Exr. remitt out of the Money in the House, to Authur Trevor, Esqr., as much as will pay the interest of one hundred pounds at 6 pr. Cent. p. Ann. for eight Years, the Principal being already paid.
Item. I give & bequeath unto Mr. James Henderson, Twenty pounds, Currant Money, and one hundred Acres of Land lying on Deerham's Creek, in Pamplicough, formerly belonging to John Lilington, to him & his Heirs for ever w'ch sd Land is bounded upon Sparrows Plantion.
Item. I give, devise & bequeath unto John Lovick, Esqr.,
| Secretary of this Province, & to his Heirs & Assignes, all my Estate, both Reale & Personall, to raise Money to pay off my sd. Debts & Legacies, whom I also Nominate, Constitute & Appoint Exor. of this my Will.
In Witness whereof I have hereunto Sett my Hand & Seal the day & Year before Written.
CHARLES EDEN (seal)
Signed, Seal'd, Publish'd & Declared to be his last Will & Testam't in Presence of:
MARY BADHAM.
H. CLAYTON.
W. BADHAM.
Proved in open Court by the Oaths of Henry Clayton & W. Badham, the Evidences thereto. April the 2d 1722.
Test. W. BADHAM C. Cur Genl.
Mem'dum, this 9th day of February, 1721.
It's my Will & Desire that the Legacy of Twenty Pounds and one hundred Acres of Land, given & bequeathed to James Henderson, that the Same be not paid, he having had from me already what I think Sufficient, and this I desire may be as firm as any other part of my Will.
CHARLES EDEN.
Witness my hand.
Witnesses:
GEOR. ALLEN.
KATHER LINCH.
Proved in Open Court by the Oaths of George Allen one of the Evidences hereto. April the 2d 1722.
Test. W. BADHAM, C. Cur Genl.
Letts Granted April the 3rd 1722.
Recorded in Will Book 2, page 299, Office of the Secretary of State.
HENRY EBORN'S WILL. IN THE NAME OF GOD AMEN, The twentieth Day of October, Anno Domini, 1732. I, Henry Eborn, of Matchapungo, in the County of hide, and in the Province of North Carolina, being very sick and weak In body, but of Perfect mind and memory, thanks be given unto God, Therefore calling unto mind the mortality of my body, and knowing That it is appointed for all men once to dye, I Do make and ordain This my last will and Testament, That is to say, the Principally and first of all, I Give and Recomend my Soul Into the hands of God that Gave it; and my body I Recomend to the earth to be buried In a decent, Christian Burial at the Discretion of my Executors, Nothing Doubting but but at the General Resurection I shall Receive the Same again by ye mighty power of God;
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178- 179 and as touching Such worldly Estate where with It hath pleased God to bless me In this Life, I Give and Demise and Dispose of the Same In the following manner and form:
Imprimis. I Give and bequeath unto Nathaniel Eborn, the son of Henry Elizabeth Eborn, a trak of Land butted and bounded by George Mixon on one side, and William Cambal on the other side, Joyned on the Creek of Matchapungo; and two three years old steers, two killable hogs, and a Greate Coate and herling heifer to the said Nathaniel Eborn, son James Eborn.
Item. To Henry Eborn, my Dear Son, I Give and bequeath him my plantation, the Said Henry Eborn, The son of Henry and Elizabeth Eborn is to let the said Elizabeth Eborn, his Mother have the said plantation till the said Henry Eborn comes to age, and then the said Elizabeth is to Delivered up the said plantation to the said Henry Eborn, her Dear Son, and the said Elizabeth Eborn, the mother of the said Henry Eborn, is to hold half of the said plantation for her Widowed, the horse, Mill & all things In General as belongs to the said plantation, all Chattle That are his In Generall, and two young Cows acalfs, and one old Gun, and the said Henry Eborn my Dear Son a negro man man Jack.
Item. I Give and bequeath to my Dear Son, Littletun Eborn, a plantation with Chattel situated one the west Side of Broad Creek, with all the Sheep, two heifers of his marke, and a Plantation Pantego, on the East side, and if the said Henry Eborn, the son of Henry and Elizabeth Eborn, Dyes without heir lawfully begotten of his body, It falls to Littletun Eborn, the Brother of the Said Henry Eborn Plantation, and if the said Littletun Eborn enjoyed the saide Plantation of Henry Eborn, he is to Give Salathyel Layson, Son of Evens Rhoda Layson, The said Plantation of Broad Creek; and the other Plantation laying on Pantego to James Eborn the son of Nathaniel and Anne Eborn.
Item. I Give to my Dear Son, Littiltun Eborn, a black wonut table and Lignumvite Punch bowle, and a large bible, a Great brass kittell, and the new Gun & a Negro Man, named Jupiter, and a Bed and a bolster; And if the Said Elizabeth Eborn Marries, the Said Henry Eborn and Littiltun Eborn, her sons, are to have all ye plantation and Stock and houshold Good, to be Delivered at 18 years of Age.
Item. I Give to Henry Eborn, My Dear Son, three ewes to be Delivered next Spring.
Item. I Give to my Dear wife, the work of the Negro Man named Jack as long as she Continues a wedower.
Item. I Give to my Dear Daughter, Rhoda Layson, a Bed, Two Sheets, two Blankets, a Rog and bolster, and a small Chest, a puder Dish, two basons, a horse named byard, to have at her
| Mother Marriage or other husband Comeing again, two plates and three ewes, all her chattel that was called hers, two heifers, three years old and a four years old one, and a Large Cheare.
Item. I Give to my Dear Daughter, Mary Eborn, a bed, a bolster, two sheets, and two Blankets, and a Rug, and all the Chattel as was hers, two Plates, two Basons and a Dish, and a Iron pot & three ewes, a large chare and a Linnen wheel.
Item. I Give to my Daughter, Rhoda Layson, a Iron pot.
Item. I Give to my Dear Daughter, Elizabeth Eborn, a bed, a bolster, a pair of Sheets, a pair of Blankets and a Rugg, a Iron pot, a Small Chest, a Chear, two basons and a Dish, and two plates, three ewes, all her chattel that are hers, a young Cow, a Calf, and a horse called fox, to be Delivered at the day of her marriage.
Item. I Give to my Dear Daughter, Anne Jones, one shilling.
Item. I Give to my dear Daughter Rebecker Deedan, one Shilling.
Item. I Desire that William Barrow and Nathaniel Eborn and Thomas Smith, May see that they may be over Seer for me the said Henry Eborn.
Item. I Give to my Dear wife, Elizabeth Eborn, all the Chattle that is not the Childrens, and all the Remainder of the sheep, two working horses named Jack and Dobing, a plow and harness, a cart wheels, and a new pair of wheels, and all the Remainder of the houshold Goods.
Item. I Give unto my wellbeloved wife, and Henry Eborn, my Dear Son, whome I likewise make and ordain my Sole Executors of this my will and testament by her and himself freely to be possessed and enjoyed. and I Do hereby Utterly Desallowe, Revoke and Disannul all and every other former Testament, Wills, legacies and bequests and executors by me, In any way was before named, willed and bequeathed, Ratifying and Confirming this now to be my last will and (and) Testament.
In witness whereof, I have hereunto Set my hand and Seal the Day and Year above writing.
his
HENRY O EBORN (Seal)
marke.
Signed, and Sealed, publick, pronounced and Declared by the said Henry Eborn, as his last will and testament, In the Presents of us the Subscribers:
his
GEORGE N MIXON.
mark
ELIZABETH WILLIAMSON.
CHARLES JOHNSON.
BEAUFORT, SC. March Court, 1732.
The within Will was Proved in Open Court by the Oath of George Mixon. Test. JNO. COLLISON, Cler: Cur.
Copied from the Original Will, filed in the Office of the Secretary of State.
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180- 181 NATHANIEL EBORN'S WILL. IN THE NAME OF GOD AMAN. I, Nathaniel Eborn, of Hide County, and Province of North Carolina, being very Sick and weak in body but of a Sound and perfect memory of mind, Thanks be to God for ye same, Calling to Mind the mortality of my body, knowing That it as appointed for all men once to Die, Do make and ordain This my last will and Testament, That is to say, and first of all I Recommend my Soul into the hands of God that Gave it; and my body to be DeSently buried at the Descretion of my Executors hereafter mentioned, nothing Doubting but at the General Resurrection at the last Day, I shall Receive the Same, Through the Merits of Jesus Christ; and as to what Worldly Estate it hath pleased God to Endue me with, I Dispose of in manner and form following:
Imprimis. I Desire that all my Debts and funeral Charges be fully Contented and paid.
Item. I Give and bequeath to my well beloved Wife, Rebecca, the Lent of my Negro Woman Jane, During her widowhood.
Item. I Give and bequeath unto my well beloved Son, James Eborn, my Plantation and Land whereon I live, to him and his Heirs for ever; and also one negro Man named Jefery, upon Condition that he Doth with his brothers, and his and their Negroes, work Clear my Estate of Debt, and also Raise up two young negroes named Quako and Hagur.
Item. I Give and bequeath to my well beloved Son, Littleton Eborn, my plantation on the South Side of Matchapungo Creek with Two Hundred and Forty four Acres of Land, being the lower half of the sd. Land, and half the Cattle of the Stock on the South Side of ye Creek, and one young horse which I bought of John Paretree, and one negro boy named Elijah, to him and his heirs forever.
Item. I Give to my well beloved Son, William Eborn, one Mesage, plantation or track of Land, lying on the North Side of ye above sd. Creek, between my land and Henry Eborns holden by a bond under the hands of Thomas Barrah, George Barrah and Zacheria Barrah, bearing Date ye 19th. of July, 1753, To him and his heirs for ever; and one negro boy named Quock, to him and his heirs for ever, and one black Mare which I bought of William Winly and her Encrease.
Item. I give unto my well beloved Daughter, Elizabeth Eborn, one negro Girl named Hagur, to her and her heirs Lawfully begoten of her body, and if She Die without Issue, then the Said negro Girl Return to my heirs; and one mare Colt and her encrase.
Item. I Give and bequeath to my well beloved Son, Aaron
| Eborn, Two hundred and forty four acres Land on the South Side of Matchapongo Creek, binding upon Thomas Barrah's Line, To him and his Heirs for ever; and one negro boy, Named Ishmeal, to him and his heirs for ever; and One Roan Gray Mare and her encrease.
I Desire that after my well beloved Wife, Rebecca Eborns Discease, or end of Widowhood, Then my Son, Littleton Eborn Shall take into his possession untill my youngest Son arive to the age of twenty one years, my negro woman Jane, and Divide her and her encrease between my four youngest Children, be it to them and their heirs for ever.
Item. I Give and bequeath unto my well beloved Wife, Rebecca Eborn, a third part of all my Goods and Chattels which I have not Given, to her and her Heirs for ever.
Item. I Give and bequeath all the Rest of my Gods and Chattels to be equally Divided between my five Children.
I Desire that my Son, William Eborn, may be kept under the care and Tusion of his brother James Eborn, untill he arive to the age of Eighteen years and then to possess his Estates, not bargaining or Selling without the advice of his said Brother; and I Desire that my Son, Aaron Eborn, may be under the Care of his Brother, Littleton Eborn, untill the Age of eighteen years, then to possess his Estate, not bargaining or Seling without the advice of his brother.
I Do hereby make, Constitute and ordain my two Sons, James Eborn and Littleton Eborn, Executors of this my Last Will and Testament, and I Do hereby Revoke all other Will or Wills, Testament or Testaments, and I do hereby publish, Declare and pronounce this to be my last will and Testament.
Whereunto I have set my hand and fixed my Seal, This first Day of October, 1753.
NATHANIEL EBONE (Seal)
his
ISREAL I WINDLY.
mark.
her
ELIZABETH X WINDLY.
mark.
JOHN HOUZEN.
HYDE COUNTY, SS. March Court, 1754.
The last will and Testament of Nathall. Eberne, Dece'd, Exhibited into Court, and proved by the Oaths of Isreal Windly and John Houzen, and that they Saw the Testator, Sign, Seal and acknowledge it to be his last Will and Testament, and that the Testator was of sound and Disposing Mind and Memory at that Time. Ordered that Mr. Secretary have notice thereof.
And at the same time James Eberne and Littleton Eberne, was Qualified as Executs. under the said last Will and Testament according to Law in that Case made and provided.
Veria Copia, pr. STEPHN. DENNING, Dep. Clk. Cot.
Copied from the Original Will, filed in the Office of the Secretary of State.
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182- 183 GEORGE EUBANK'S WILL. NORTH CAROLINA SS. March ye 2d., 1732—3,
IN THE NAME OF GOD AMEN. I, George Eubank, of Bertie precinct, and Society parish, being Sick of bodey but of perfect health, Memorey, and judgment, praise to Almighty God, do make this my Last Will and testament.
Imprimis. I will and bequeath to my brother, James Eubank, and my Sisters, Elizabeth and Isabell Eubanks, all my personall and real Esteat in the Kingdom of Great Britain, to be Joyntly devided among them.
Secondly, after paying my debets and funerall charges, I will and bequeat all the resedue of my esteat, excepting forty pounds, Sterling, to Thomas Whitemell, Juneor, and Twenty to Elizabeth Whitemell, Juneor, and fifteen to Martha Whitemell, and fifteen pounds, Sterling, to William Gray, Juneor; and all the resedue of my esteat as aforesd, except fifteen pounds Sterling, to William Castellaw, I will and bequeath to my Brothers and Sisters as aforesd., and there heirs for ever.
And lastly, appointing James Castellaw, Thomas Whitemell and John Gray, Executors to this my last will and Testament, I do revock all other wills and testaments.
In witness whereof, I have put my hand and Seall to this date and delivered it in the presents of:
GEORGE: EUBANK (Seal)
his
JAMES X BULOCK.
mark.
his
JOHN B BARTON.
mark.
ELIZ: WHITMELL.
NO CAROLINA, SC.
March 13th, 1732.
John Barton & James Bulock, Two of the Subscribing Evidences to the within written Instrument, personally appeared before me and made Oath on the holy Evangelist, That they Saw George Eubank, Sign, Seal, publish & Declare the within Written as his Last Will and Testament, in their presence & in the presence of Eliza. Whitmell, the Other Subscribing Evidence.
Sworn to before me.
GEO. BURRINGTON.
Copied from Original Will, filed in the Office of the Secretary of State.
BARWELL EVANS’ WILL. IN THE NAME OF GOD AMEN. I, Barwell Evans, being sick of Body, but of perfect mind and Memory, thanks be to Almighty God for it. I Recommend my Soul to God that Gave it; and my Body to the Earth, to be Buried in a Christion
| Manner at the Discretion of my Executors; and as touching such worldly Goods as it hath pleased God to Bless me with, I bestow in following manner, to wit:
Item. I give and bequeath to my well beloved Daughter, Sarah Evans, all the Land and plantation whereon I now live, with all ye Appurtenances and Priviliges thereunto belonging, only excepting as follows: My Will is that my well beloved Wife have ye Use of ye Land and Plantation and all priviliges thereunto belonging till my Daughter, Sarah, comes to age or Marries; and then, that ye Land, Plantation be Equilly devided betwixt my said Wife and Daughter Sarah, with all Priviliges deuring my Wifes life, ye Houses only excepted, which my will and pleasure is that my wife have ye use of all the Houses on my sd. Plantation deuring her Life, and after her Desease, I give it Hole and Intire to my said Daughter, Saroh. I likewise give and bequeath to my said Daughter, Saroh evans, forty Acres of land on ye South side of the creek whereon I live, Joining the Above bequeath Land, with all the benefits and privileges thereunto belonging.
Item. I give and bequeath to my well beloved Daughter, Susanah Evans, all that Land and Plantation whereon Thomas Brantly now lives, lying up Evans’ Creek, Containing two hundred Acres with all Benefits and privilliges thereunto belonging. I likewise give and bequeath to my well beloved Daughter, Susannah Evans, Three hundred Acres of Land on ye mil Creek, Joining Edward Williams Land, with all the Privilliges and benifits thereunto belonging.
Item. I give and bequeath to my well beloved Wife, Susanah Evans, the use of my Negro Man peter dewring her life.
Item. I give and bequeath my friend, William Stokes, Two hundred Acres of Land Joining ye Little Fork of Edward Williams Branch & running up Edward William's line for ye Compliment, Including ye Plantation whereon he now lives, with all ye Benefits and Privilliges thereunto belonging, to him and his heirs or assings for ever.
Item. I give and bequeath my Negro Man Peter, after my Wifes decease, to my well beloved Daughter, Susanah Evans, to her & her heirs & assigns for ever.
Item. I give and Bequeath to my Well beloved Daughter, Saroh, my negro man Isaac, & my Negro wench hannah, to her or her heirs and Assigns for ever.
Item. I give and Bequeath to my well beloved Daughter, Susanah Evans, my Negro Boy Sezar & my negro Gall cresey and my Negro Man jack, to she, her heirs and Assigns for ever.
Item. I give and bequeath to my well beloved Nefew, Jacob Evans, all my Black Smiths Tools, to him, his heirs and Assigns for ever.
Item. I give and bequeath to my well beloved Nefew, Berwell
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184- 185 Evans, Three pounds, Current Money of Vergenia, to be paid by my Executors out of my Estate.
Item. I give and bequeath to my well beloved Nefew, Berwell Evans, Son of Benjamin Evans, Three pound, Current Money of Virgenia, to be paid out of my Estate as abovesaid.
Item. My Will and Pleasure is, that all the Residue and remainder of my Estate, Real and Personal, be Equilly Devided betwixt my well beloved Wife, Susanah Evans, my well beloved Daughter, Saroh Evans, & my well beloved Daughter, Susanah Evans.
Item. I Constitute and Appoint my Well beloved Wife, Susannah Evans, my Executrix, Also my Three Brothers, Jacob Evans, Benjamin evans and charles evans, Executors, to this my last Will and Testament.
In witness whereof, I have hereunto set my hand and Seal, this first Day of Aprel, in the Year of our lord god, 1756.
BARWELL EVANS, (Seal)
Signed, Sealed and Delivered in presence of:
GEO. SUGG.
PETER HULL.
his
RICHARD X HURLEY.
mark.
BEAUFORT COUNTY. SS.
This certifies that at a court Held at Bath Town, on the second tuesday in June, Ann. Dom., 1756, Present his Majestys Justices: the last Will and Testament of Barwell Evans was Exhibited into court and proved by George Sugg, one of the Subscribing witnesses thereto, who Swore that he saw the said Barwell Evans Execute the sd. Last Will & Testam't, & that he was at the time of Sound & Disposing mind and Memory; & that at the same time he saw Peter Hull and Richard Hurley, the other Subscribing witnesses, set there hands thereto; whereupon Susanah Evans, Jacob Evans, Benja. Evans & Charles Evans, Qualified as Ex'ors to the sd. Will.
Ordered that the Secretary have notice that Letters Testamentary may issue.
Test. WALLEY CHAUNCEY, Cl. Cur.
Copied from Original Will, filed in the Office of the Secretary of State.
RICHARD EVANS’ WILL. IN THE NAME OF GOD AMEN. I, Richard Evans, Gentleman, of Beaufort County, being of a low Estate of Body, But of perfect Sound Mind and Memory, praised be almighty God, and Calling to Ming that its appointed for all men once to Die, Do make and ordain in this my Last Will and Testament, in manner and form following, that is to say, I recommend my
| Soul into ye hands of almighty God who gave it, and my body to the Earth, to be Decently buried at the Decretion of my Exeuctors hereafter to be named. And as to the worldly Goods whereof I am possest, I Give and Bequeath in Manner and form Following, that is to say:
1. I give and Bequeath to my Eldest Son, Richard Evans, three negro slaves, to witt: Balam, flora & maria.
2. I Give and Bequeath to my Daughter, Mary Evans, one mollatto Slave, and two negro Slaves, to wit: Nell and nimrod and Rue.
3. I give and Bequeath to my Youngest Son, George Evans, Three negro Slaves, to witt, Robin, and Nan and Jenny.
Item. I will that my negros, Trinkelo, Bossen and Blanford, Judah and Bess, be and remain undivided untill the marriage or Lawful age of Either of my said Children which first shall happen, and then to be Equally Divided among my aforesd. three Children. My Land lying and Being in Onslow county, on ye Mouth of New river, on The North side, I Give and Bequeath to my Daughter, Mary Evans. My Cattle of the Neats kind, I will and Desire that they be and Remain undivided untill the Marraige or Lawful age of Either of my Children which shall first happen, and then to be Equally Divided among my aforesd. Three Children. My horses and mares I give and bequeath To my two Sons, Richard and George, to be Equally Devided Between them. To my Daughter, Mary, I give and bequeath all my China ware and Tea Spoons; ye rest of my household Goods, Plantation tools and Provisions to be and remaine undivided untell the marraige or Lawful age of Either of my Children which shall first happen, and then to be Equally Divided among my aforsd. three Children.
Lastly, I do Nominate and appoint Mr. Michael Cautanche, and my Son, Richard Evans, to be Executors to this my last Will and Testament.
RICHARD EVANS.
Signed, Sealed, Published and Declared in the presence of us, Twenty Sixth Day of December, one thousand, Seven hundred and fifty two.
EDMUND PEARCE.
JOSHUA PEARCE.
READING BLOUNT.
BEAUFORT COUNTY, SS.
At a Court held for the sd. County, at Bath Town, on the second tuesday in June, 1753: Present his Majesty's Justices.
This Certifies that Reading Blount, one of the subscribing Evidences to the within Will, appeared in open Court and made Oath, on the holy Evangelists, that the sd. Richd. Evans was of sound & disposing mind & memory at the time he executed the sd. Will; and that he also saw Edmond
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186- 187 Pearce & Joshua Pearce, the other subscribing Witnesses, set their names thereto. At the same time Mich'l Cautanche, appeared in Court & Qualified as Exer. unto the same.
Ordered that the Secretary have notice thereof.
Test. WALLEY CHAUNCY, Cl. Cu.
Copied from Original Will filed in the Office of the Secretary of State.
THOMAS FALCONER'S WILL. IN THE NAME OF GOD AMEN. I, Thomas Falconer, of Chowan County, this 31st. day of Janry., 1756, being Sick & weak in body, but of perfect mind & Memory, thanks be to God for the same, & calling to Mind the Uncertainty of this Life, & the Certainty of Death, do make & appoint this my last Will and Testament, in Manner and Form following:
Imprimis. I give & restore my Soul to God from whom it came, hoping for a full Remission of all my Sins thro’ the Merits & Satisfaction of Jesus Christ; and my Body I leave to be decently buried at the discretion of Executors hereafter mentioned.
Item. I will that my Funeral Expences, & all my just Debts be paid & discharg'd, in convenient Time after my Decease.
Item. I give and bequeath to my Loving Wife, Sarah, the Plantation whereon I now live, with all the land thereunto belonging, during her natural Life, and after her Decease, I give & bequeath the aforsd. Plantation with the Land thereto belonging, to my loving Nephew, James Beaseley, to him & his Heirs for Ever.
Item. I give & bequeath to my loving Wife, Sarah, two Cows and Calves, two heifers, one Bull, two Steers, all of them to be of her own Choosing. I also give and bequeath her my riding Gray Mare & side Saddle, as also all my Hogs both great and small, one Loom & all the utensils for Weaving, one linnen Wheel, one Long Wheel, and all the Cards; the best bed, two pair of Sheets, one Rug & one Blanket, All of her own choice; fifteen Gallons of Malasses, all the cotton pickt and unpick't, my Chest with the Lock & Key, one Tea kettle with all its Appurtenances, with all the Earthen Ware, one Flower Sifter one Search, one Walnut Table & Table Cloth, with all the Knives & forks, two Red Leather Trunks, one Box Iron, four Heaters, one Looking Glass, six chairs, six pewter plates, two Dishes, two pewter Basons, two pewter porringers, all of her Own Choice, two Iron pots, one frying pan, two Earthen fat Pots, with all the fat in them, the Potts to be of her Own Choice.
Item. I give and Bequeath to my Loving Wife, Sarah, all the wool, one Candlestick, one bible, one common Prayer Book, All the wheat, two Juniper Tubs, one Large & one small, one
| Stone Butter Pot, all the Provision of what Sort soever, except one barrel of Port & two Hogs to be kill'd to discharge Capt. Silvester. I also give her all the corn, two Stone Jugs, One 8 Gall. Cag, one seven Cag, 1 Bolster, two Pillows, four towels, one Case & six bottles belonging to the Case, 1 bucket with all the Sugar in it, the Loaf Sugar, all her wearing Clothes.
Item. I give and bequeath unto Sarah Freeman, Daughter of Thomas Freeman, one Cow & Calf, and two Yearling Heifers, and three pound, ten Shillings, Proclamation Money.
Item. I give and bequeath unto Richard Leary, Senr., of Tyrrell County, one close bodied Coat, two home spun Shirts, two White Shirts, one Great Coat, and my Gun.
Item. I give and bequeath unto John Beasley, Son of James Beasely, 2 home spun Shirts, & one White Shirt.
Item. I give and bequeath to my loving Wife, Sarah, the Hand Mill & Frame, one small Canoe, & my bedstead.
Item. My Will & Desire is, that all the Residue of my Estate be sold at publick Vendue, and after my Debts be paid to be equally divided betwixt James Beasely, son of John Beasely, and Thomas Beasely, Son of James Beasely, and Mary Pain, Daughter of James Beasely.
And I hereby appoint my Friends, Col. John Halsey, and Cornelius Leary, Executors to this my last Will and Testament, requesting and desiring of them to make a title to John Rowsum, his heirs & Assigns, of 100 Acres of Land, his father bought of me, beginning at the mouth of Blount Creek & running up ye Courses of ye Creek to the Head so far as to conclude 100 Acres.
And I do hereby Revoke & Disannul all former Wills by me made.
As Witness my hand & Seal, this 31st. day of January, 1756.
THOMAS FALCONER (Seal)
Sign'd, Seal'd and Acknowledged In presence of:
ROBT. BEASLY.
JAS. FRANS. EDWD. ROBINS.
her
ELIZABETH E ROWSUM.
mark
Whereas, Col. Jno. Halsey agreed with me for a certain parcel of Land, being part of the Land belonging to the Plantation whereon I now live, at the rate of five Shillings, Virginia Currancy, Pr. Acre, the sd. Parcel of Land being bounded as follows: beginning at a Hickory & running 60 Pole to the River, thenee East and by North, 36 Pole, thence South East by South, 54 Pole, Thence a straight Line to the first Station. Now, by this Codicil annex'd & dated the 1st. of Febry., 1756, My Will and Desire is, that Cornelius Leary, one of my Executors, do
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188- 189 make a good and lawfull Title of the sd. Parcel of Land to Colo. Jno. Halsey, his His Heirs or Assigns upon his or their paying five Shill. Pr. Acre, according to the aforesd. Agreemt., and this Codicil I would have to be held & taken in as full, large & ample power & Vertue, as the Will to which it is annexed.
Sealed with my Seal, and dated this 1st. day of Februry, 1756.
THOMAS FALCONER (Seal)
Sign'd, Seal'd and Pronounced, I'Presence of
THOMAS PEIRCE.
his
JOHN I CREECY
mark
JAS. FRAS. EDWD. ROBINS.
CHOWAN COUNTY. SS. April County Court, 1756: Present his Majesty's Justices.
These may Certifie that James Francis Edward Robins, Appeared in Open Court and proved the Within Will in due form of Law. Then also Appeared John Halsey, Esquire, and was duely Qualivied as Executor to the Within Will, by taking the Oath by Law Appointed for the Qualification of Executors, and thereupon Ordered that Letters Testamentary Issue thereon as the Law directs.
Test. THOMAS JONES, Cler. Cur.
Copied from the Original Will, filed in the Office of the Secretary of State.
JOHN FENDALL'S WILL. IN THE NAME OF GOD AMEN. I, John Fendall, of Pequimons Prcinct, being very Sick and weake in body tut of perfect mind and memory, God be praysed, doe make and Ordeyne this my last Will and Testament in forme following:
First, I surrender my Soul into the hands of Almighty God my maker & unto Jesus Christ my only Saviour & redeemer trusting in his merritts and prcious Death to have pardon of all my Sins; & my Body to the Earth from whence it came to be decently Interred according to the Discretion of my Executor; And for the Worldly Estate God hath given me, I bequeath as followeth:
Imprimis. I give unto my Brother, Robert Fendall, all my wearing Cloathes; And all the rest of my Estate whatsoever, be it real or personall, in any kind whatsoever, I give to my loving Wife Elizabeth Fendall, and to her heyrs forever.
And I make & Ordayne my loving Father in Law, Alexander Lillington, Executor of this my last will and Testament. And I revoake all former Wills by me in any wise made.
| In wittness whereof, I have hereunto sett my hand & Seal, the Seventeenth Day of December, 1695.
JOHN X FENDALL
Signed, Sealed, published & declared (after the word Lillington interlyned) in Presence of:
JOHN DIX.
ANN WALKER.
HENDERSON WALKER.
Att a Court held for the prcinct of Chowan, the first Monday in April, 1696, this will of Capt. John Fendall was proved by the Oathes of Captn. Henderson Walker, Mrs. Ann Walker & John Dix.
Attested by NATH. CHOWIN Cler.
. The Hono'ble the Palatines Court.
Whereas, Captn, John Fendall, of Pequimons, is Deceased having made by his Last Will and Testament, Major Alexander Lillington, his Executor, a true Coppy whereof is hereunto annexed, These are to impower the said Alexander Lillington, to Enter in and upon all and Singular the Goods & Chattles, Rights and Creditts of the sd. John Fendall, and a True Inventory thereof to return, & within one year after the Date hereof, and the Same to dispose of as by the sd. Will.
Dated the Eighth Day of April, 1696.
THOS. HARVEY,
DANIEL ABELHURST.
FRANCIS TOMES
SAM'L SWANN.
Recorded in Will Book 1, page 81, Office of the Secretary of State.
BARTHOLOMEW FIGURES'S WILL. IN THE NAME OF GOD AMEN, I, Bartholomew Figures, of Northampton County, being in Perfect sence and Memory, prased be God for it, do make this my Last Will and Testament, in Manner and form following, Viz: First and principally, I recommend my soul to the Hands of Almighty God that gave it, hoping through the Meritorous Death and Passion of my only Saviour Jesus Christ to have full pardon and free Remission of all my Sins; and my Body to be decently Buried by my Executors hereafter Named; and for such Worldly Estate as it hath pleased God to Bestow on me I Dispose of as followeth, Viz:
Imprimis. I give and Bequeath unto my son, John Figures, One tract of Land Containing Two Hundred Acres, and is part of that Patent Granted to Henry Wheelor and One Hundred & Ten Acres of Low ground which I have taken up and a Deed taken out for the same, with Four Hundred Acres of Pine Woods, on the West End of that Tract which I purchased of John Bond;
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190- 191 and likewise the after Named Negroes, Sam, Sambo, Nan, Jude; and one Case of Bottles, to him and his Heirs or Assigns for ever.
Item. I give and Bequeath unto my son, Richard Figures, Two hundred and Seventy five Acres of Land, it Lying Above my Plantation and part of the tract whereon I now live and to be taken from the Islands on the pasture Side, beginning Midway Between the Lightwood Stake and My Lower fishing place, and thence up the Island Side to the fishing place, thence up the River so far as to come a strait Course to the first Station, and to contain the Above Number of Acres (One Half Acre at Each fishing place which I desire may be thus Disposed of to my three Sons, John, Richard and Bartho'w Figures, with three Sains which I Desire be Equally Devided amongst the sons Above Named, and to be neither Sold nor leased) and to Richard, Two Negroes Named Ned and Harry, to him and his Heirs forever.
Item. I give and Bequeath unto my Daughter, Robekak Derring, One Negro Girl called Sal, to she and Heirs and Assigns, And likewise One Negro Boy Named Ben, I lend the Use of During her life, and if She deceased without Issue, to fall to my Lawful Heir.
Item. I giv |
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