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NORTH CAROLINA
VILLS AND INVENTORIES
GRIMES
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 03420 9830
Go 975.6 N816al North Carolina. Secretary of State, North Carolina wills and inventories
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
Allen County Public Library 900 Webster Street PO Box 2270 Fort Wayne, IN 46801-2270
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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," pub- lished 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 re- ferred 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 Com- mencement 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 Sep- tember, shall be called, reckoned and accounted to be the fourteenth Day of September, omitting for that Time only the
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NOTE.
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 un- certainty 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 begot- ten 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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NORTH CAROLINA WILLS.
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.
his ABRAHAM A ADAMS (Seal) mark
Signed, Sealed, published and Declared In the presence of us: PHILLIPS SHUTE. her MARY X SHUTE. mark 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. (Endorsement) Abr. Aams Will. Test. JNO- COLLISON, Cler. Cur.' 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 North Carolina, 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
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NORTH CAROLINA WILLS.
& personal, wheresoever lying & being which I am now pos- sessed 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, (& exclu- sive 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 Sub- scribing 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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NORTH CAROLINA WILLS.
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 per- sonal, whereof I am possessed, except what is in this will spe- cifically bequeathed, be sold by my Executors hereafter men- tioned 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, Du- plicates of which I desire may be forwarded to him by my Exec- utors 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
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NORTH CAROLINA WILLS.
Imprimis. To my beloved Niece, Mrs. Sarah Frankland, my Wedding Ring (Plain Gold) as a particular Mark of my affec- tion 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 Trin- kets 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 pos- session 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-Re- becca 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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NORTH CAROLINA WILLS.
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., Execu- tors 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.
Signed, Sealed, published and declared by the Testatrix, Sarah Allen, as and for her last Will and Testament in presence of us who
SARAH ALLEN (SEAL)
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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 inter- pretive 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 dis- putes 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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NORTH CAROLINA WILLS.
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 Duckin- field, 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 kins- man, a massy Gold ring, with ye Essines of Death Enamelled upon it, with this Inscription Engraven: post moèmentum 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 here- unto 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.
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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 appoint- ed and made William Duckenfield Esgr. 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.
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