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 12
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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
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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 plan- tations 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 Cas- well, 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 duagh- ter, 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 be- queath 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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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 Exec- utors 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 discrim- intate what of my property may be best to dispose of, to raise money sufficient to pay all my debts, I hereby direct the Exec- utors 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 Exec- utor 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 remain- der 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
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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 Susan- nah, 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.
Executed in presence of us, who have subscribed our names as Wit- nesses in presence of the Testator, and of each other:
R. CASWELL, (Seal).
SIMON BRIGHT. JAMES BRIGHT.
A Codicil to the foregoing last will and Testament of Rich- ard 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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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 Exec- utors 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.
(Official Seal)
SN. BRIGHT, Cler.
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 per- fect 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 Fol- lowing, 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
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the Descresion of my Exers. hereafter Named; And as Touch- ing 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, Mat- thew 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 Like- wise 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, Eliza- beth 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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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.
MATTHEW MC CASEWELL (Seal)
his Marke.
Signed, Sealed, published, pro- nounced 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.
NORTH CAROLINA, 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 & Testa- ment; 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.
No. CAROLINA 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 de- clare these presents to be and contain my last Will and Testa- ment:
Imprimis. I Will that all those Debts which I owe in Right or Conscience be truly and Justly paid by my Executrix here- after 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)
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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 Evange- ist of Almighty God, saieth, That he saw Thos. Clifford 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 touch- ing such worldly Estate, warewith itt hath pleased God to bless me in this liffe I give, demise and dispose of in the fol- lowing manner and form:
Imprimis. I give and bequeath to my Son, William Col- lins, all that track of land lying on Casshi River, a planta- tion 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 Col- lins, 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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Eitom. I give and bequeath unto my Son, Mikell Collins, my Surva that lys on Red bud, containg three hundred Eak- ers, 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 Col- lins, 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 sur- vaye that I now live on, begining on the deep Branch an so runing to the head line, itt tis the Eastard side of my planta- sion, 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 with- out, that is after my Just debt is fully satefide and paide, I give to my Wife and six Sons, William, Joseph, mikell, Dem- see, 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
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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 disa- low 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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sufficient for that purpose, that in such case they sell and dis- pose 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 main- tenance 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.
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