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 23
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Item. I Give one Hundred Pounds, Current Money of North Carolina, To be Emplid & Lade oute for ye youse & benefett of ye pore & pore Children beloing to ye precinck of Perquimons, Such as are Mentanead by ye paresh Excepted out. But ye money to be Ametadatly Layd out at ye Descretion of my Excetr. hareafter namead, but to ye youse aforesaid.
Item. I Give To Mr. Willm. Lettell of North Carolina, & my Friend, Collo. Edward Moseley, & my Friend, Mr. Thos. Pollock, & To Each of Them, one Gold Ring a pesese to ye Valey of Ten pounds, Currant Money of North Carolina, Each Ring to be purched out of my Estate by my Excetrs. hareafter named.
Item. I Give all ye Rest & Residue of my Estate, Both Reall and Persnall, be it in North Carolina or Eleswhere, be it in wot
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kind or maner SoEver, To my foure Sounes, namely; Thomas Harvey, John Harvey, Bejn. Harvey, & Miles Harvey, To be Equally Sheard & Devided betwene them & To them & thare ares for Ever. And If Either or Eney of Them shall Diye before thay ARive to ye age of Twenty one Years, that then, & in Such Case, that part of ye Estate as beloingd to ye Desesead, to be Equally Devided among ye Sirvivrs & thare ares for Ever, both rell and persnall. And my will is that the Money ariseing out of my Estate, Either by ye Sale of Good, Hire of Negroes, or by Eney ways or menes wot Ever, To be Emplid in Trade or Lett To Entrest for ye Benefett of my Children after an alownces for thare Edecation.
And Lastly, I do aPint my Brother, Miles Gale, of Boston in Newengland, & my Knnsman, Mr. Willm. Lettell, My Friend, Collo. Edward Mosley, Mr. Thos. Pollock, Excters. & my Lov- ing Wife, Elizabeth Harvey, Excetres, of this my Last Will & Testement, To Se it Strickely fullfilld in all its parts, Revocking & disallowing all other will or wills by me mayd, Ratefying & confirming This To be my Last Will & Testament.
In Witness whareof, I Have hareunto Sett my Hand & Sele ye Day & Year above written.
THOS. HARVEY, (Seal).
Sind, Seld, Publeshid, pro- nounced & Declared by the Said Thos. Harvey, To be his Last Will & Testement, in presences of us ye Subskribers:
THOS. NORCOM. (Seal) RICHARD SUTTON. (Seal) JOHN WIAT, Jurat. (Seal)
I, The Thomas Harvey, doth further apoint my friend the Honble. John Lovick, Esq., one of my Executors to this my above will, Provided my Kinsman, Mr. William Little is not Capable Of Acting, In the proformance of this my will, and tis my will that my Sd. friend, John Lovick, Esq., have one gold Ring to the Vallue of ten pounds, current money of No. Carolina.
THOS. HARVEY (Seal)
Singd. Seald, and Delivered In presence of :
CHARLES DENMAN, his JOHN X MITCHEL mark
Memd. That about Three Dayes before his Death The within Men- tiond, Thos. Harvey, payd me to take notice that it was his desire that Mr. Lovick shoud Act with the other extrs., notwithstanding the manner
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of Expression as to Mr. Little's Illness or incapacity of Acting, men- tioned in the Codicil as a condition wch might imply the contrary. GALE.
Novbr. 10th, 1729.
Proved This will before me, RICHD. EVERARD.
Copied from Original Will, filed in the Office of the Secretary of State.
ANTHONY HATCH'S WILL.
IN THE NAME OF GOD AMEN, This first Day of august, Anno, 1726. I, Anthony Hatch, of the precinct of pequimons, in the County of Albemarle and province of North Carolina, Gent., being of Sound Mind & perfect Memory, Doe Declare, make & ordain this to be my Last Will and Testament, Re- voking and disannulling & making voyd all & every other Will & Wills by Me at any time heretofore made, in any kind whatsoever, in manner & form following, that is to Say, first and principally I Recomend my Soul into the hand of god almighty, who first gave it, Hoping for Salvation through mercy & the Merrits of Jesus my Saviour; & my Body I Com- mit to the Earth from whence it was Taken to be decently bruied at the discretion of my Executors hearin after min- tioned & appointed; And to what Worldly Estate it has pleased god to bestow upon me (after my Debts & Funeral Expences thereout paid and Sattisfied), I give and bequeath, order and dispose of as follows:
Imprimis, I give & bequeath all that my plantation & Lands thereunto belonging or appertaining, Lying in Neuse, in the County of Bath in the province afforesaid, in as full and ample man as I my Selfe now doe, might or Could hold & enjoy the Same, unto my Two Sons, Edmond Hatch and Lamb Hatch, to he equilly devided between them, to their Heirs and assigns for ever.
Item. I give and bequeath all this my plantation & lands thereunto belonging or appertaining lying in perquimons afore sd. and where I Live, in as full & ample manner as I my Selfe now doe, might or could hold, occupie & enjoy the Same, unto my Dear & Loving wife, Elizabeth Hatch, for and During the Term of her Natural Life, and from & after her Decease, I give and bequeath the Same plantation and Lands in Like Manner as afforesaid, unto my Son, Anthony Hatch, his Heires and assigns for Ever.
Item. I order and Direct that all that my moyety or halfe part of a tract or parcel of land lying in Alligator, and by me held in partnership with my brother in Law, George Durant, to be Sold by my Execut's as soon after my Decease as Con- veniently may be, & to the best Advantage, & the Money or
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Commodities the Same shall be for, to be Devided, Disposed of in the very same manner as the rest of my personal Estate is to be, by this my Last Will & Testament.
Item. I give and bequeath my great Bible unto my Son, Anthony Hatch, after his Mothers Deceases, and it is my Will and Desire and I doe hearby order and direct the Same ac- cordingly, that all my personal Estate in any Kind or Respect whatsoever, belonging unto me at the time of my Decease, shall be equally devided between my sd. Dear wife, Elliza- beth Hatch, my three Sons, Vizt: Anthony Hatch, Edmond Hatch, & Lamb Hatch, and my Daughter Ellizabeth Hatch, to be and Remain, to them, and their heirs for ever, and her & their proper use and behoof.
And Lastly, I doe nominate, Constitute and appoint my afforesaid Dear & Loving Wife, Ellizabeth Hatch, my true & Loving Brothers in law, Richard Whidbey and George Durant, to be my Executrix and Executors of this my Last Will and Testement.
ANTHO. HATCH. X
Signed, Sealed, published, pro- nounced, and declared to be the Last Will & Testament of Antho- ny Hatch, in presence of: J. SWEENY, his THOMAS T PENRICE, mark JOHN STEVENS, her PARTHENIA L STEVENS. mark
NORH CAROLINA SS. SR. RICHD EVERARD Barrt. Governor and Ordinary.
The above Will was proved before Me by the Oaths of Thomas Penrice and John Stephens, Evidences thereto, in due form, this 16th. Day of Novr. 1726.
RICHD. EVERARD.
Copied from Original Will filed in the Office of the Secretary of State.
JOHN HAYWOOD'S WILL.
IN THE NAME OF GOD AMEN, the twenty third Day of July, in the Yeare of our Lord, one thousand, Sevin hundred & fifty Six. I, John haywood, of the County of Edgcomb, in the Province of North Carolina, being Sick & weake of Body but of perfect mind and memory, thanks be Given to God therefore, Calling unto mind the mortalety of my body & Knowing its appointed for all men once to die, do make and ordaine this my laste will & testement, that is to say, principally & first
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of all, I give and Recommend my soul into the hand of God that Gave it; & for my body, I recommend it to the earth, to be buried in a Christian manner, and as touching such worldly Estate whare with it hath pleased God to bless with, I Give, devise and dispose of the in following manner & form:
Imprimis, I give & bequeath unto my son, William hay- wood, ten Shillings, Sterling for his Birth Right, he having already Land, and Chattles.
Item. I give and Bequeath to my Daughter, mary hay- wood, hur heirs & assigns for ever, a bond of thomas Davis, dated the Sixteenth day of febrary, 1754, by which the Sd. Davis stand bound in the sum of forty pound, Conditionally, for the making a title for two hundred, thirteen acres & half of land.
Item. I give & bequeath one half of the two tracts of land I now live on, witth the new house, milk house & 1 Corn Crib, to my two daughters, Deborah & mary haywood, to be by them possesed as long as they or either of them shall Continue Sin- gal & after that to my son, Egbert haywood, his heirs & assigns for ever.
Item. I give the other half of the two aforesd. tracts of land to my son Egbert haywood, his heirs & assigns for ever, he paying out of the sd. Land when he Comes In possestion of the whole, ten pounds Sterling to his brother, John haywood.
Item. Its my will that all other my Estate, Reile & personal, be Eqully Divided between my Six Children, that is to say, Deborah haywood, mary haywood, William haywood, Her- wood haywood, John Haywood, Egbert Haywood; further, that each Render an account of what they have already Re- ceived in part of thare potion &c.
And Lastly, I appointe all my aforSaid Six Children, Excrs. of this my laste will & testament.
JNO. HAYWOOD. (Seal)
Signed, Sealed, Published, and pornouneds by the John Haywood as his last will & testement In presents of :
EDWARD CROWELL. WM CAMPBELL. THOMAS MERRIT.
EDGECOMBE COUNTY. SC.
December Court, 1758.
The within Will was in open Court Exhibd. on oath by the Excors, & prov'd by the Oath of Edward Crowell & Thomas Merrit, Two of the Subscribing Witnesses; & at the same time William Haywood & Egbert Haywood, two of the Exors. within mentioned were duly Qualifyed for that Office, which is ordered to be Certify'd.
Test. Jos. MONTFORD, Cler. Cur. Copied from Original Will, filed in the Office of the Secretary of State.
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JOHN HECKLEFEILD'S WILL.
IN THE NAME OF GOD, AMEN. I, John Hecklefeild, of the Precinct of Pequimmons, in the County of Albemarle, in the Province of North Carolina, Gent., being sick & weak of Body, but of sound mind & memory (Blessed be God for the Same) & Knowing ye Certainty of Death, to hereby make, Ordain, Constitute & Appoint this to be my last Will & Testament, hereby revoking & making void all former Wills by me made, & this only to stand & be of force in Law. First & principally I recommend my Soul to God that gave it, hoping and Assuredly trusting in & thro' the Meritts of my Blessed Lord & Saviour Jesus Christ, to obtain full & free pardon of all my Sins; My Body I committ to the Ground to be decently interr'd at the discretion of my Executors hereafter mentioned, according to the manner I buried my last Wife. As for w't worldly Goods it hath pleas'd God to bestow on me in this Life, I give, devise & bequeath the Same in manner & forme following:
Imprim. I give to the Hon'ble Charles Eden, Esqr., Gov- ernor, my Mourning Ring w'th a Death's Head & y'e Christall
Item. I give to Mr. Edm'd Gale, ye Diamond Rign I for- merly us'd to wear, being all Diamonds.
Item. I give to Mr. George Durant one Mourning Ring, value thirty Shillings.
Item. I sett at perfect freedom from all Slavery to be claimed by my Heirs, Executors, &c., my Negro Woman Jane, for her diligent care had of me in my Sickness.
All the Rest, Residue & Remainder of my Estate W'tsoever & wheresoever to be found I give & bequeath to my Son, Hecklefeild, & I further Nominate, make, constitute & appoint Mr. Edmond Gale & Mr. George Durant, Executors of this my last Will & Testam't, & Guardians to my sd. Son, John Hecklefeild, that they my afors'd Executors shall have the Tuition & Education of my sd. Son until he arrive at the age of Twenty & one years after the best thought manner this Country will admitt.
What Negroes he hath Capable of it, I desire they may be hired yearly to Good paymasters for the better Support of my Sd. Son. And I further desire, that watsoever of his Estate will not be thought Serviceable to him when he shall come of Age, may be disposed of for good pay & converted into Young Negro Women for his use.
But if my sd. Son do die before he be of the Age of Twenty & one years w'ch (by Gods blessing) will be in the year one thousand, Seven Hundred & Thirty seven, then w't Estate I have by this Will given to him, I give & bequeath as follows, viz: the one half p't thereof to my Sister in Law, Mrs. Mary
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Cox, or her heirs, living near Essex Bridge, in Dublin, in Ire- land; the other half p't to Mr. Edm'd. Gale.
In Witness whereof, I hereto set my hand & seal this thir- tieth day of May, in ye year of our Lord, 1721.
JOHN HECKLEFEILD (Seal)
Sign'd, Seal'd, publish'd & Declar'd by the Testat'r to be his
last Will & Testam't in Pres-
ence of :
WILLIAM BURCLIFT. his DARBY O O'BRYAN. marke ENOCH FLOWER.
NORTH CAROLINA SS. CHARLES EDEN, Esqr., Govern'r &c.
Darby O'bryan this day came before me & made Oath that he saw Collo. John Hecklefield, Seal & declare the within Will to be his last Will & Testam't & y't Wm. Berclift & Enoch Flower, the other two Evidences thereto were then Present; that ye Sd. Hecklefeild was then of Sound Memory & sign'd the same without any Constraint or compulsion.
In testimony whereof, I have hereunto sett my hand at Chowan, Aug'st ye 8th, 1721.
CHARLES EDEN.
Recorded in Will Book 2, page 305, Office of the Secretary of State.
PETER HENLEY'S WILL.
IN THE NAME OF GOD AMEN. I, Peter Henley, Esquire, Chief Justice of the Province of North Carolina, Do make this my last Will and Testament in Manner & form following, Viz: Imprimis. I direct all my just Debts & funeral Expences to be paid; And whereas, just before my leaving England I was on the point of being married to Agnes Tucker of Corytown, near Honiton, in the County of Devon, Spinster, & Some Money was wanting to make the necessary preparations for that purpose which money, amounting to £400 Sterling, she advanced out of her own private fortune, & a short time after, to the great Disappointment of us both, the Marriage was postponed to be compleated at a future Day, after w'ch Marriage so postponed I gave her my bond bearing Interest after the rate of £5 per Cent per Annum for the sd. Sum of £400. which yet remains unpaid. My Desire is that the said Bond may be discharged Out of any Moneys that may be in my posession, or the first that shall or may be collected after my Decease, with all the Interest that shall be found due thereon according to the Tenor of the Sd. Bond.
There is also a Bond of mine of £40: to Mr. Simon Bunker, of Axminster, in the County of Devon, attorney at Law, of
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which I am informed he has received part by a Cask of Indigo weighing 1371, but how much I cant tell, because I have never had the Account of Sales.
There is also a trifling Debt to Mr. Benjamin Mayberry, Taylor, of Craven Buildings, near Drury Lane, London, All which I desire may be paid & the Bonds cancelled.
I Know of no others, & the first of these would not have been at all necessary but upon the critical Occasion on which it was advanced.
With Respect to the rest of My Estate, Plantations, Negroes & Moneys with w'ch it has pleased God to bless me (except hereafter excepted) I hope they will be so managed & expended as to be most for the Interest and Advantage of my Son John Henley, to whom I devise all my Lands, Tenements & Heredit- aments, and all my personal Estate that shall not be disbursed for the payment of my Debts, Investing them however in John Campbell of Lazy Hill, Esqr., for whose humanity & Integrity I have the highest Honour & Regard. In trust, nevertheless to & for the Only Use & behoof of my sd. Son, John Henley, His Heirs and Assigns forever. And I earnestly entreat the sd. John Campbell, whom I hereby appoint Executor of this my last Will & testament to forward the Education of my Son as much as he can, & to endeavour to make him an useful Mem- ber of Society.
And, whereas I have a great Deal of Good furniture, w'ch it will be better to Dispose of than keep, as also sundry parcells of Liquors, Molasses & Sugar, I wo'd chuse they should all together with my Chariott, be sold at publick Auction some Day During the Supreme Court at Edenton, which shall be held next after my Decease, for ready money only, (I mean all except my plate, w'ch I would have reserved), after having been first advertised for some time in the Carolina & Virginia Gazettes. And the moneys arising from such Sale to be applied for the purchasing of Negroes for the better stocking & improv- ing my plantations.
And as I have observed great Losses & Damages arising to Orphans from the Buildings upon their plantations being suffered to run to decay, My desire is that every Edifice or Building upon my plantation in the county of Edgecombe, be kept in due repair at the Expense of my Estate, and that the Negroes w'ch I now have or w'ch hereafter may be purchased, May be constantly employed upon it under a proper Overseer, so as to make it turn to most account, & whatever money it may annually produce, the expence of my Sons Education and other Disbursements being first Deducted, my Executor to apply the Overplus most beneficially for my sd. Son, either in the purchase of young Slaves or any thing else he shall judge most proper.
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Item. I beg my said Executor would accept of 201 procla- mation Money, for Mourning & a Ring & I hereby revoke all & every other Wills or Wills by me heretofore made.
In witness whereof, I have hereunto set my Hand and Seal, this 23d. Day of November, 1757.
PETER HENLEY (Seal)
Signed, Sealed, published & declared as & for the sd. Peter Henley, Esqrs. last Will & Testa- ment. Also in Our presence & We in the presence of each other have subscribed our names as Witnesses the 23d Day of November, 1757: SARAH MCCULLOCH. JOSEPH MONTFORD. RICHD. BROWNRIGG, Jurat.
NORTH CAROLINA, CHOWAN COUNTY. SS July County Court, 1758. Present His Majesty's Justices.
The above last Will & Testament of the Honourable Peter Henley, Esquire, deceased, was duely proved in open Court by the Oath of Mr. Richard Brownrigg, according to Law; and at the Same time John Camp- bell Esquire, Qualified as Executor to the said Last Will and Testament, by taking the Oath Prescribed by Law for the Qualification of Executors. Ordered that the Secretary have notice that Letters Testamentory may Issue thereon.
Test. THO. JONES, Cler. Cur.
Endorsement on Back of Will.
The Last Will & Testament of Peter Henley, Esqr., who departed this life on Tuesday the 25th. day of Aprill, 1758, about nine O'clock in the morning, & was interred in the church in Edenton on the evening the 27th. of Same month, at six o'Clock in the evening, in a Decent manner, and much Lamented by his Acquaintance.
Copied from the Original Will, filed in the Office of the Secretary of State.
WILLIAM HERITAGE'S WILL.
IN THE NAME OF GOD AMEN. I, William Herritage, of Craven County, in the Province of North Carolina, Gent., Being Weak in Body But of Sound and Disposing Mind and Memory, Do this Eighth Day of March, in the Year of Our Lord, One Thou- sand, Seven Hundred and Sixty Nine, make and Declare this to be my Last Will and Testament in manner and Form follow- ing, that is to say:
Imprimis. I Will and require that my Body be Decently Interred at the Discretion of my Executors hereinafter named; and that my Just Debts and Funeral Charges be first paid and satisfied.
Item. I give and Devise to my Son, Heneage Herritage, the Land and Plantation where on I Dwell, commonly called
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Springfield, on the East Side of Jemmys Creek; the Land I bought of George Metts, lying on the West side of Jemmys Creek; and Fifty Acres of Land, which I took up in the front of the said Land I bought of George Metts, and Patened in my own name. Also, the Land I had of Adam Moore, Grand Father to my said Son, Heneage, called Jemmys Neck lying on the East side of Jemmys Creek, at and below the Mouth thereof; and Five hundred and twenty Acres of Land joining the above mentioned Land, Called Springfield, and the Lands of Adam Moore & others as per. the Patent for the same will at large appear, And to his Heirs Male Lawfully Begottn; and in de- fault of such Issue, to my right Heirs forever. I also Give and Devise to my said son, Heneage Herritage, one Lott of Land lying in Newbern Town, and known in the plan of the said town by the number (21) to him and his Heirs and Asignes forever.
Item. I Give and Bequeath to my said Son, Heneage Heri- tage, One Negro Man Named Mingo, One Negro Man Named Sherbro, One Negro Woman Named Tamer, One Negro Man Named Ben, One Negro Man Named Bill son of a Negro Woman named Bettress, One Negro Man Named Sam, one Negro Woman named Betto, one Negro Woman Named Kate, and all the Children she, the said Negro Woman Named Kate now hath or hereafter shall have, one Negro Woman Named Tor- tola and one Negro Child named Phebe, And to his Asignes forever.
Item. I Give and Devise to my Son, John Heritage, all that Tract of Land or Plantation Called Harrow, Situate in Dobbs County (but formrly Called Johnson County); and also my other Lands adjoining or lying or being within three miles of my said Plantation called Harrow; and also my Land on the North side of Neuse River called Atkins Banks, containing as per Patent, Six Hundred and Forty Acres: be the same more or less, and whereon the Town of Kingston now is Situate And to his Heirs Male Lawfully Begotten Forever and In Default of such Issue to my Right Heirs forever.
Item. I give and Devise to my said Son, John Heritage, one Lott of Land situate lying & being in New Bern Town, and known in the plan of the said town by the number (79), and to the Heirs Male lawfully begotten of his Body forever; and in Default of such issue then to my Right Heirs forever.
Item. I Give and Bequeath to my said son John, Heritage, One Negro Man Named Pompey, one Negro Man Named Joe, one Negro Man Named Peter (a cooper), one Negro Man Named Jack, who once belonged to John Williams, One Negro Woman Named Venus, Daughter of my Negro Woman Named Phillis, one Negro Woman Named Maria, one Negro Boy named Solo- mon, one Negro Boy Named Jacob, one Negro Girl named Moll,
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one Negro Woman Named Lucy, and one Negro Boy Ben, her son, and also the Money due me by Bond from Stephen Lee for a Negro Woman Named Venus, which I sold to him, to the said John Heritage and His Asignes forever.
Item. I Give and Devise to my Son, William Martin Heri- tage, all that Tract of Land or Plantation Situate in Craven County, Commonly Called Fort Barnwell, and also all my lands Contiguous and adjoining thereto, and within three miles of any part thereof, which I now have or hereafter may have take up or purchase; And also, four hundred Acres of Land I Bought of Robert Hays, Situate in Dobbs County (but then called Johnston County), and also, all the Land I have, Or shall take up, or Purchase, adjoining the same, and to his Heirs Male, Lawfully Begotten forever; and in Default of such Issue to my Right Heirs forever. I also Give and Devise to my said son, William Martin Heritage, one Lot of Land Situate In the Town of New Bern, and known in the Plan of The said Town by the Nimber (22) and also the Front of the said Lot, to hold to him and his Heirs Male Lawfully Begotten, forever, and in Default of such Issue to my Right Heirs forever.
Item. I Give and Bequeath to my said son, William Martin Heritage, one Negro Man Named Scipeo, One Negro Man Named Caesar (a cooper), one Negro Man Named Tom, one Negro Man named London, One Negro Woman Named Jude Daugh- ter of my Negro Woman Named Phillis, one Negro boy named Tom, one Negro Boy named Stephen, one Negro Man Named Balaam, one Negro Girl Named Suse Daughter of my Negro Woman Named Judith (Stephens Wife), one Negro Girl Named Winifred, and one Negro Girl Named Abigaal, two others Daughters of my Negro Woman Named Big Bess, and one Negro Boy Named Virgil son of my Negro Woman Named Priss, and to his Asignes forever.
Item. I Give and Devise to my Son in Law, Richard Cas- well, a Piece or Parcell of Land, Situate in Dobbs County near Bear Creek, and above the Land Commonly Called Judge Smiths, on the North side of Neuse River, at or near a place called Herritages's Banks and the Lot or Land Situate in New Bern Town on the North Side, whereon Mary Dupree lived, and is known in the Plan of the said Town, by the Number (190), to him and his Heirs and Asignes forever; and also one Negro Man Named Prince, one Negro Woman Named Big Rose, one Negro Woman Named Phillis, one Mulatto Boy Named Hes- keth, one Negro Boy Named Isaac, one Negro Girl Named Sabina and one Negro Man Named Stephen, and to his Asignes forever for the use and subject to the Incumbrances herein mentioned that is to say; That He, the said Richard Caswell, his Executors or Administrators, shall Annually pay to my Daughter, Susanna, and During her Nateral life the Sum of
16
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Forty Pounds, Proclomation Money, one Fourth part thereof to be paid to her once in every three Months in each Year, during the Time of her life, Which said Forty Pounds to be paid as aforesaid, I Give to my said Daughter for her seperate Maintenance and Support, without being subject to the pay- ment of Debt or Debts now due, or which may hereafter become due, to any person or persons from the present Husband of my said Daughter, or to his will or demand in any Respect What- soever; And the said Negro Man Named Stephen to be Em- ployed in Tanning and Making of Shoes for my several Chil- dren herein mentioned and their Families and Slaves.
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