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 15
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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 Excrs. of this my last will and Testa- ment 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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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-Mar- garet, & her heirs and assigns, my middle brick tenement in
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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 tene- ment in Dock street adjoining to the tenement where Doctor Eustace lives together with the small tenement thereto adjoin- ing & 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 per- sonal estate, or lands and personal estate, in the province of New York, in right of my Grand-mother or other wise, I there- fore 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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Also, It is my will and so the same is to be taken and under- stood, 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-Mar- garet, 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 Mar- riage, 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
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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 other- wise. (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 sub- scribe .our names as witnesses thereto at his request, in his pres- ence, 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 men- tioned 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 Exe- cutrix & 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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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 Com- mend 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 plan- tation 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 Be- Queath 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 ne- groes, goods, Chattles, Rights, Creditts of what kind soever or wheresoever, and to her heirs and assignes for ever.
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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 Ches- ter, 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 posssess, 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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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 Rela- tions 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 Other- wise, 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
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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 Prem- ises, 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 Dis- pose 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 Sin- cerety, 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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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.
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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 Sub- scribed 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 Bettes- worth, 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 Juris- dictions, 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 Com- mencing 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.
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