USA > North Carolina > North Carolina wills and inventories copied from original and recorded wills and inventories in the office of the secretary of state, wills before 1752 > Part 10
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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.
7
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NORTH CAROLINA WILLS.
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 Dis- cretion 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 Where- with 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 plan- tation 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 plan- tation 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
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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, pro- nounced, & 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 Tues- day 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 uncer- tenty 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, here- tofore by me made and declared, Eigher by ward or writing,
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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 Con- venient 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, Sin- aor, 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, Sam11, 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 de- cese of my Sd. wife, to go to my Sd. brother Sam11., his heir or Assigns.
Item. I Except onn mare Coalt for my Cosen, mary Jons.
Item. I gieve and beqeieve Unto my loveing Brother, Sam11. 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, Sam11. 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
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NORTH CAROLINA WILLS.
No. CAROLINA, Ss. Octbr 26th, 1728.
Thomas Woodley & John Phitt, Two of the Evidences to the afore- written 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 Chris- tian burrall at the descretion of my Executors, nothing doubt- ing 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 Wido- wood.
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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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 Elize- beth, then to my two grand Daughters, Sarah ann McHenry, and Susanna McHenry: I Likewise give to my grand Daugh- ter, 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 be- fore 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 Mc- Henry, 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
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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, Elize- beth 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
I gut Land, from the Gum Logg Branch Down to the river. 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 Fur- niture 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 Faith- fully 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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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 Tes- tator 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 Exec- utors 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
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then is before Given, then Shee and Those Children to bee Equally Devided Among Such other Children as shall bee bee- gat hereafter one my aforeSd Daughter, Rachell, by her Hus- band 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 p'son 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 Here- by 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 Exec- utors 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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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 dis- pose 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 Res- urraction 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, Archi- bald 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
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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 Dis- crestion of my Executors, nothing Doubting but at the Gen- rell 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 pos-
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sessed 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.
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