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 2

Author: North Carolina. Secretary of State; Grimes, J. Bryan (John Bryan), 1868-1923
Publication date: 1912
Publisher: Raleigh, Edwards & Broughton printing company, printers
Number of Pages: 596


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 2


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Imprimis. I will that all my Just and lawfull Debts be duely paid by My Executors hereafter named; particularly that one hundred pounds, North Carolina Money, or the Value thereof be remitted or paid to the heirs, Exors. or Admins. of James Nolan, of Boston, Mariner, deceased; the Sum of Sixty pounds of thereabouts having laid in my hands for some years, the Widow who claimed not Complying with the Statute (in that Case provided) for giving Security to Admtors: but I now direct that if they cannot Comply Strictly with the Law, Yet rather than faile, their own bonds to whom the money is payable, may be taken when the money is paid, to indemnify my Estate against any Creditors which may claim in this Province. Also, I will that there be paid as of Debt, to Daniel Hendrick, of South Carolina, Shoemaker, his Exors. or assigns, the Sum of fourty pounds, Current money of this Province. Furthermore, I will that there be paid to the Exce. or heirs of Robert Gamsby, of Boston, Mariner, deceased, if such be to be found, the sum of fourty pounds, Current money of this province.


Item. I give, bequeath and devise (after payment of debts & legacies) to my three Children, John, Samuel, and Mary, all my personal Estate, to be Equally Devided amoungst them.


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NORTH CAROLINA WILLS.


Item. I give, devise, and bequeath unto my Son, Samuel, and unto my daughter, Mary, my Lands up the north west branch of Cape Fair River, called Ashwood, which are scituate lying and being on the South side of the Said River between the lands of John Porter, of Virginia, Mercht., and the Plantation whereon Daniel Donaho, lately deceased, dwelt, Together with my other Lands on the north Side of the River directly oppo- site to those aforementioned, to be equally divided betwixt them, the Said Samuel and Mary, to them, their heirs and assigns forever.


Item. I give, devise, and bequeath unto my Son, Samuel, a tract of land containing six hundred and fourty Acres lying on Stumpy Sound, called Turkey Point; also one other tract Containing one thousand Acres, called Stump Island or New River Banks, to him, his heirs or assigns for ever.


Item. I give, devise, and bequeath unto my Son, Samuel, four hundred Acres of Land lying above William Lewis's plan- tation on the Main Branch of Old Towne Creek, to him, his heirs and assigns forever: unless John Russell shall personally come and demand of My Exors. a Bill of Sale for the last men- tioned four hundred acres of Land, and Shall pay the ballance of Accounts betwixt us, amounting be about fourty pounds money of South Carolina, Then my Exors. are hereby directed and empowered to Convey the said four hundred Acres of land to the said John Russell, to him, his heirs and Assigns for ever.


Item. It is my will that my Sons have their Estates delivered to them as they severally arrive to the age of twenty and one years, and that my daughter have her Estate at the day of Marriage, or age of Twenty and one Years, which shall first happen.


Item. I will that my Slaves be kept to work on my lands, and that my Estate may be managed to the best advantage, so as my sons may have as liberal an Education as the profits thereof will afford; and in their Education I pray my Exers. to observe this method: Let them be taught to read and write, and be introduced into the practical part of Arithmetick, not too hastily hurrying them to Latin or Grammar, but after they are pretty well versed in these let them be taught Latin & Greek. I propose this may be done in Virginia; After which let them learn French, perhaps Some French man at Santee wile undertake this; when they are arrived to years of dis- cretion Let them Study the Mathematicks. To my Sons when they arrive at age I recommend the pursuit & Study of Some profession or business (I could wish one to ye Law, the other to Merchandize), in which Let them follow their own inclina- tions.


Item. I will that my daughter be taught to write and read & some femanine accomplishments which may render her


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NORTH CAROLINA WILLS.


agreable; And that she be not kept ignorant as to what apper- tains to a good house wife in the management of household affairs.


Item. I give to each of my Exors. a Gold Ring as a token of the respect which In my life I bore them.


Item. I will that a Brick Vault may be built at Groveley, and my Dear Wifes body taken up out of the Earth & brought and laid therein; and if it should be my fortune to die in Caro- lina so as my Corpse may be Conveyed thither, I desire that one large Coffin may be made, and both our body's laid together therein and lodged in the said Vault.


Item. I give, devise and bequeath unto my honoured friend, Edward Mosley, Esqr., the one half or moiety of my Lands, lying near Rock Fish Creek, on the North West branch of Cape fair River, being twenty five hundred and Sixty Acres, to be equally divided between him and my heir, to him, his heirs & Assigns forever.


Item. I give, devise and bequeath unto my Loving Brother, John Swann, Six hundred and fourty Acres of land lying on the North East Branch of Cape Fair River, which he bought of, and of which I have not as yet made him any Conveyance, it being land adjoining below that whereon my Brother, Samuel Swann, dwells, to him the sd. John Swann, his heirs & assigns forever.


Lastly, I nominate, Constitute and appoint my honour'd friends, Edward Moseley & Nathaniel Rice, Esqrs., my good friend Mr. Roger Moore, my loving Brothers, Samuel Swann and John Swann, my good friends, Messers. William Downing and Edward Smith, to be Executors of this my last will, Testa- ment, hereby desiring & praying them to see the same duly Executed.


In witness whereof, I have hereunto set my hand & Seal, this second day of November, Anno Dom., 1731.


JNO. BAPTA. ASHE. (Seal)


Signed, Sealed and Published in the Presence of us:


her MEHITTOBDE X RUTTER mark JOHN HAWKINS CORNELIUS DARGAN MICH. RUTTER.


No. CAROLINA, SS.


I do hereby make a Codicil to be annexed to this my last will and Testament, and do hereby appoint my Loving friend, Job Hows and Thomas Jones, Executors to my last will and 2


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NORTH CAROLINA WILLS.


Testament, and this codicil thereunto annext, together with the several persons before named in my said last will and Testa- ment as my Exors. And whereas their is a certain Saw Mill in Building between Mr. Mathew Rowan and my Self, It is my will that my part of the Said Mill together with my part of the lands thereunto belonging be sold by my said Exors. for the use of my three children and the money arising by the Sale thereof to be Equally divided amongst them.


In testimony whereof, I have hereunto Set my hand and seal this Sixteenth Day of October, 1734.


JNO. BAPTA. ASHE. (Seal)


Signed & Sealed In the Presence


of, and annext :


JAMES INNES, JOSEPH WALTERS, ED'D SMITH.


NORTH CAROLINA.


Before his Excelly., Gabriel Johnston, Esq., Captain General, Governor in Chief of the Province of North Carolina, and Ordinary of the Same.


Personally came before me Michael Rutter, one of the Witnesses to the within Instrument, being the last Will and Testament of John Baptista Ashe, Esq., who being duely sworn on the Holy Evangelists, declared that he was present and saw the said John Baptista Ashe, Esq., Sign, Seal, publish and declare the same to be his last will; and that he was at the same time of sound and disposing mind and memory and understanding, to the best of this deponents knowledge; and that he saw John Hawkins, Cornelius Dargan & Mihitobade Rutter, three other signing witnesses, present at the execution of the said Instrument and sign their names or mark thereunto.


Likewise, Personally appeared James Innis, Esq., one of the witnesses to the Codicil annexed to the said Instrument or Last Will and Testament Afforsd, who being duely sworn on the holy Evangelists, saith, that he saw the Said John Baptista Ashe, Esq., duely execute and publish the said Codicil as the codicil of his last Will and Testament, and that he was at the same time of sound mind and memory to the best of this deponents knowledge, and that he saw Joseph Waters and Edward Smith, the two other signing Witnesses present at the Execution of * * *


Given under my hand at Brunswick, the 15th day of November, Anno Dom., 1734.


GAB. JOHNSTON.


November ye 30th, 1734.


Personally appeared before me Edward Moseley, Roger Moore, Samuel & John Swann, Esqrs., & took ye oath appointed by law to be taken by Executors.


W. SMITH, C. J.


Copied from Original Will, filed in the office of the Secretary of State.


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NORTH CAROLINA WILLS.


WILLIAM ARENTON'S WILL.


IN THE NAME OF GOD, AMEN. I, William Arenton, of Craven County, and Province of North Carolina, Planter, being in perfect Sound mind and Memory, thanks be to God, but Calling to mind the uncertainty of this life, do make and Declare this to be my last will and Testament, in Manner and form follow- ing.


& First, I Recommend my Soul unto the allmighty God who gave it, hoping for Pardon for all my Sins through the Merits and Mercy of Jesus Christ my Saviour and Redemer, and my body to the Earth, and as for my Temporal Estate which it hath pleased God to bestow upon me I Give and Dispose of the Same in Manner and form following:


Imprimis. my will and Desire is that my well beloved wife Mary Arenton have the use of the Plantation Whereon I now live during the time of her life.


Item. I Give and bequeath unto my well beloved wife Mary Arenton One third part of all My Estate of horses, Cattle & hoggs and Household Goods to her and her heirs for ever.


Item. I Give and bequeath unto my three Children, Rebec- cah, Mary and Leah Arenton, all the rest of my Estate to be Equally Devided Amongst them when they Come to Age or Marriage.


Lastly. I Doe hereby Nominate, Constitute, Ordain and appoint my friend Henry Shippard Executor of this my last will and Testament, And I Doe hereby utterly Disallow and Make Void all and every Other will or wills, Legacys and bequests heretofore done or Made, Rattifying and Confirming this and no Other to be my last will and Testament.


In Witness Whereof he hath hereunto sett his hand and Seal this 23d Day of January, 1761.


W. A. (His Seal)


Signed Sealed Published & De-


Clared by the Said William Aren-


ton to be and Contain his last will & Testament in the Presence of us the Subscribers


EDMUND HATCH his


MARTIN X SHIPPARD. mark


Copied from Original Will filed in the Office of the Secretary of State.


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NORTH CAROLINA WILLS.


DAVID BAILEY'S WILL.


IN THE NAME OF GOD AMEN. This sixth day of October, Anno Dom. 1745. I, David Bailey, of Pasquotank County, in the Province of No. Carolina, Esqr., being not well in health, but of perfect mind & memory, thanks be given to God there- fore, calling to mind the mortality of my body & knowing that it is appointed unto all men once to die, do make & ordain this, as my last will & Testament, That is to say:


Principally & first of all, I recommend my soul into ye hands of God that gave it, &c., and my Body to the ground, to be buried at the Discretion of my Exs. hereafter named. And as touching such worldy Estate wherewith it hath pleased God to bless me in this life, I give demise & bestow ye same, in manner & form following:


Impr. I give & bequeath to my well beloved Wife, Thamar Bailey, all the Cattle up Pasquotank River, that I had by her; and also, all other Goods & Effects that were properly her own before our intermariage, also the sum of four hundred pounds Current paper money, to be paid to her by my Exs. hereafter named.


It. I give & order that my negro fellow Andrew, be sold at a publick Vendue, to help raise the afsd. money; & that my wife be not debar'd the liberty of bidding for him (if she see Cause.)


It. I Give & bequeath to my well beloved Daughter, Eliza- beth Bryant, one negro wench named joney, also one Dutch Linnen wheel.


It. I give & bequeath to my well beloved son, Joseph Bailey, the Plantation whereon he now dwells, together with all the land thereunto belonging, to him & his Heirs for ever; also four steers runing on ye sd. Land.


It. I give & bequeath my negro fellow called Jones, to my son, Joseph Bailey, also my negro wench called Moll; also my negro boy called Luke; also the one half of my Whip-saw; also one Steel-Trap; also one Corn Mill; also one Walnut-oval Table besides what he has recvd. before.


It. I give & bequeath to my well beloved son, Benjamin Bailey, one negro boy called Mosee; also Two yoke of Oxen; also my old Flat; also all the Steers down ye River that shall be in being at my death.


It. I give & bequeath to my well beloved son, Benjamin Bailey, ye Land & Plantation I bought of Ebenezer Hall, con- taining Two Hundred & six acres, lying in this County, to him & his Heirs for Ever.


It. I give to my Daughter, Sarah Snowdon, the use & service of my negro wench called Ruth, during my sd. Daughter's


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NORTH CAROLINA WILLS.


life, and after her decease I give and bequeath the sd. negro wench called Ruth, and all her increase, to the Heirs lawfully begotten of my sd. Daughter Sarah's body; also three Ews & Lambs.


It. I Give & Bequeath to my well beloved son, Robert Bailey, my Land & Plantation, the Folly, to him & his heirs for Ever; also one negro boy called James; also the one half of my negro Girl Called Doll; also one feather Bed & furniture, wch is now down ye River; also one black mare, wch I Bought of Joseph Lowry, branded With E. L., Two Cows & Calves wch is down ye River; also one Case of Bottles; also the half of the new Schooner; also the half of my whip saw, one Steel Trap; one very large Iron Pot, one iron pot Trammel.


It. I give & bequeath to my well beloved Son, Simon Bailey, my plantation & Land Called Piney Point, lying at Core Sound, contianing Three hundred acres p. Patent, to him & his Heirs for Ever; also all my Cattle upon that Plantation of the Plan- tation mark, being a swallow fork in ye right Ear, the left Ear off; also one negro fellow called Mustipher; also the other half of my negro wench called Doll; also my Will & order is, That the increase of the sd. negro Doll, pass, the first child to my son, Robert, the next to my son, Simon, & so on, and if there be an odd one, the same to be Equally divided between them; also one bed & furniture, wch is in my Room at my son, Joseph Bailey's; also Two Cows & Calves, one young mare branded with D. B. & called Wren; also one small Trunk, & fifteen pounds in Gold & Silver in it of Virginia Currency; also all ye Hives of Bees on ye plantation abovesd; also Two Cows & Calves.


It. I give & Bequeath to my Daughter, Tamar Bailey, the work & service of my negro Wench called Hannah, during my sd. daughter's life, and after her decease, I give & bequeath my sd. negro Hannah, and all her increase, to the Heirs lawfully begotten of my sd. Daughter's body; also one bed & furniture, wch is down the River; also one young Mare called no-fail; one Trunk, one white Chest, one Case of Bottles, one Looking Glass, one Box-iron Heaters, Three Pewter Dishes, one set of Tea ware; also one Dutch Linnen Wheel, also one Woolen Wheel made at Core Sound; also Two Cows & Calves, one iron pot that I bought of Sarah Snowdon; one iron pot Trammel; also one young Horse called Button.


It. I give & bequeath to my second Wife's Daughter, Miriam Overman, one negro Girl called Hagar & her increase, to her & the Heirs of her body.


It. I give & bequeath to my second Wife's son, David Wallis, the work & service of a young negro Boy of mine, called Jeffrey, towards his maintaining & bringing up, till he shall arrive to ye age of Twenty one years; but if the sd. David


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NORTH CAROLINA WILLS.


Wallis, shall happen to die before he Shall attain to that age, then the sd. negro Jeffrey, to return to me & my heirs; but if the sd. David Wallis shall live to the full age of Twenty one years, then the sd. negro Jeffrey is to be his for Ever.


It. I give & bequeath to my sons, Joseph Bailey, Robert Bailey, & my son in law, Simon Bryant, all my neat Cattle & Sheep marked with a swallow fork in ye right Ear, the left Ear off; also all my Horses and Mares branded with D. B., wch are running upon the banks at Core Sound, Equally among them; also all the neat cattle upon Hunting Quarter, belonging to me, marked with a Poplar Leaf in ye left Ear. & a Crop & a slit in ye right.


It. I will, bequeath & strictly order, That all the rest & residue of my personal Estate, not mentioned in this will, and wch shall be found in this County, and within the Lord Carteret's line, be sold at publick Vendue to the highest bidder, and the monies thereby arising (my Wife's Legacy first dis- charged), to be Equally divided between my Children, Viz: Elizabeth Bryant, Joseph Bailey, Benjamin Bailey, Sarah Snowdon, Robert Bailey, Tamar Bailey & Simon Bailey; also for my Exs. to take care of my son, Simon Bailey & bring him up.


It. I nominate, constitute and appoint my son Joseph Bailey, and my son in law, Simon Bryant, Co-Executors of this my last Will & Testament, to see the same perform'd to the utmost of their power, utterly revoking, disannulling & making void all former or other Wills, Testaments, Legacies and bequests, formerly by me in any wise made, willed or be- queathed. Ratifying & confirming this & no other, as my last Will & Testament.


In Witness whereof, I have hereunto put my hand & Seal, the Day & year first afore written.


DAVID BAILEY (Seal).


Signed, Sealed, published, pro-


nounced & declared by ye Sd.


David Bailey, as his last Will & Testament, in presence of us the Subscribers:


THOS. WEEKES, Jurat, PATRICK BAILEY, Jurat, JOHN BAILEY.


No. CAROLINA.


March the 29th., 1746.


Thomas Weeks & Patrick Bailey, Two of the Subscribing evidences to the Within Will appeared before me and made Oath on the Holy Evange- lists, that they were present & Saw David Bailey, Sign, Seal, Publish and Declare the within to be & Contain his last Will and Testament; and that the said David Bailey was then, and at that time of Sound & disposing Memory; and that they also See John Bailey, the Other Subscribing


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NORTH CAROLINA WILLS.


Evidence sign his Name thereto at the Same time. Then also appeared Simon Bryan & Joseph Bailey and took the Oath by Law appointed to be taken by Exrs.


ENOCH HALL, C. J.


Copied from Original Will, filed in the Office of the Secretary of State.


HENRY BAKER'S WILL.


IN THE NAME OF GOD AMEN. I, Henry Baker, of Chowan, No. Carolina, being in good health of Body & of Sound & per- fect mind & Memory, praise be therefore given to almighty God, Do make & ordain this psent. last will & testament, in Manner & form following, that is to Say:


First & principally I commend my Soul into the hands of almighty God, hoping thro' the merits, Death & Pasion of my Saviour Jesus Christ, to have full & free parden & forgive- ness of all my Sins & to Inherit everlasting life; & my Body I commit to the earth to be buried at the Discretion of my Executors hereafter named; & touching all Such temporal Estate as it hath pleased almighty god to bestow upon me, I give as follows:


First, I will that all my Debts & funerall Charges be paid & Discharged.


Item. I give to my Son, Henry, all the Land whereon I now live, to him and his heirs.


Item. I give unto my Son, Henry, these Negroes, vizt: Guy, Clouse, Bobb, Ceasar, ned, Jacob, young Diner, & hagar & their increase.


Item. I give unto my Son, Henry, my watch, Seal, Desk, Six rusia Chares, ye great Glass, my Sword, one ovel table, besides what I have already or heretofore given him.


Item. I give to my Son John all my land at a place called Little Town, & my Land joining on Banks, Wynn & ascue, & the Land bought of William Garrat, all in Bertie precinct, with ye Stock thereto belonging, to him & his heirs.


Item. I give unto my Son John these negros vizt: Arthur, Juno, Finney, little Bobb & Dick & their increase.


Item. I give to my Son, Blake, my land bought of John and Thomas Wickings in Chowan, & five hundred acres thereto adjoining, wch I took up; & my land at Ahoskey marsh in Bertie & the Stock thereto Belonging, to him & his heirs.


Item. I give to my son, Blake, these negroes vizt: Cipio, Joe, Patt & Argalus & their increase.


Item. I Give to my Daughter Mary, these Negroes, Vizt: Darby, Lucey, & Peter, and their Increase.


Item. I give to my Daughter, Sarah, these negroes, Cato & Priss & their Increase.


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NORTH CAROLINA WILLS.


Item. I give to my Son, David, 130 acres of Land at Meher- ring landing adjoining to the ferry, to him & his heirs.


Item. I give to my Daughter Ruth twenty shillings.


Item. I give to my Son Ladock (?) twenty shillings. Item. My will & desire is that my wife, Ruth, have the use of these negroes, Vizt: Tom, Benbo, Daniel, Dinah & Joyce, Brady, during her natural life & after her Decese I give Tom & Dinah to my Son, Henry, Daniel to my Son, John, & Benbo to my Son, Blake.


Item. I give to my wife, Ruth, all the rest & residue of my personall Estate whatsoever & my will & desire is that my wife, Ruth, have & enjoy the Back room and Entry & half ye Orchard to be Divided from the house Westerly & Land adjoin- ing to the plantation to worke on Dureing her Naturall life or widdowhood.


Item. My will & Desire is that if it so happens that my Son, John, Should Die in his Minority, that then the Land I have given him Shall go to my Son, Blake, & his heirs.


My will is that my land at ye Knuckles, in Nansemond, be Sold by my Exrs. towards ye payment of my Debts.


I do hereby nominate, Constitute, ordain & appoint my Brother, William Baker, to be my Executor; & in case of his Death, I do appoint my Brother, James Baker; & in case of his Death, I do appoint my Brother, Lawrence Baker, of this my last Will & Testament, revoaking & making null & void all former Wills.


In Witness whereof, I have hereunto set my hand & Seal, this Ninth Day of January, 1737.


HENRY BAKER, (Seal).


Signed, Sealed, publisht & Declared


by the Sd. Henry Baker as his last Will & Testament in prsence of us the Subscribers,


EDWARD VANN, JOHN BRADY, EDWARD WARREN.


May ye 1st., 1739.


Came before me Edward Vann, John Brady & Edward Warren, & Made Oath that they Saw Henry Baker Sign, Seal and publish ye within as his last will & testament; & that he was of Sound & Disposing mind & Memory at that time & That these Deponents Subscribed as Witnesses thereto. At ye Same time William Baker took the Oath appointed by law to be taken by Executors.


W. SMITH, C. T.


Recorded in Grant Book No. 4., Will No. 81.


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NORTH CAROLINA WILLS.


JOHN BARCLIFT'S WILL.


NO. CAROLINA, PERQS. COUNTY, SS.


IN THE NAME OF GOD AMEN, the 23d of April 1759. I, John Barclift, of the County and Province aforesd, farmer, being Weak in Body, but of a Perfect mind and Memory, thanks be to god for the Same, Therefore Calling to mind the Mortality of my Body and knowing that it is appointed for all men once to die, do make and ordain this my last will & Testament, that is to say:


Principally & first of all, I Recommend my soul into the hands of God that gave it, & my Body I Recommend to the earth to be Burried in Decent Christian Burial at the Discretion of my Executors, hereafter Named; and as for Such worldly Estate it hath pleased God to bless me in this Life, I Give Devise and Bequeath in the following manner and form:


Imprs. I Give and Bequeath to my Loving Wife Elizabeth Barclift the use of one third part of the Plantation and Land whereon I now live during her natural Life, together with the use of the outward Room & upper Chamber of my house & also the use of the Lower Room of my Brick house; also I give to my wife the use and Labour of one negro man Called Tom and the use & Labour of one Negro woman Called joan During her natural life; also the use of my large Looking Glass, during her Natural Life; also the use of my desk during her Natural Life; also the use of one Chest; and the use of one Dozon of Chairs; also the use of one large Brass Kittle; also the use of one large iron Kittle, & the use of two iron Pots, she having her Choice; also the use of one yoke of Stears, with yoke, Ring and Staple, and two Ploughs; also the use of all the she Cattle in my Stock that runs on the Plantation whereon I now live; also the use of one Feather Bed & furniture, she having her choice; also the use of one large black-Walnut Table, & the use of one 15 Bottle-Case; also one 3 Gallon jugg, & one Gal- lon Ditto; also the use of all my Pewter; also the use of one Black horse, also the use of Six Ewes & Lambs; also the use of 3 Iron Wedges; also the use of one falling ax, also the use of one hilling hoe & two weeding hoes and two Pr. Pot trammels & 2 Pr. Pot-hooks & Gridiron, & ho-cake-hoe; also the use of one Box iron & heaters, & one Tea Kittle, & one Sive and one Search; also two Buckets & two tubs; also one Pr. small Still- iards also one hand-mill being Cullen Stones; also Six Breeding Sows.


Item. I Give to my Daughter Eliza: Sanderson one Negro Girl called Rachel, also one Negroe Boy Called jemmy, also one Negro Boy called Toney, (being already Delivered to her) to her & her Heirs for ever; also I give to my Daughter Eliza.




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