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 24
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Item. I Give and Devise to my Daughter, Elizabeth Heri- tage, one Lot of Land Lying in NewBern Town whereon Mary Dupree formerly Dwelt, being a Corner Lot and Numbered in the Plan of the Said Town (191), and also one other Lot of Land lying in the said Town of NewBern and Numbered in the Plan of the said Town (84), and to her Heirs Male Lawfully Begotten forever and for Default of such Issue then to my Right Heirs forever.
Item. I Give and Bequeath to my said Daughter, Elizabeth Heritage, one Negro Man Named Jack, which I bought of Mr. John Campell, one Negro Woman Named Clarinda, one Negro Woman Named Judith (Stephens wife), one Negro Man named Harry, one Negro Boy Named Carolina, one Negro Man Named Mercury, one Negro Woman Named Big Bess, one Negro Girl named Jenny, Daughter of Big Bess, one Negro Girl Named Moll, Daughter of Clarinda, one Negro Girl Named Amy, and one Negro Boy Named Sam, the Two Children of Tamer, one Negro Boy Named Jupiter, one Negro Girl Named Hannah Daughter of Tortola, and one Negro Woman Named Priss, and to her Asignes forever.
Item. I Give and Devise to my Son in Law, Richard Caswell, Thirty Eight ft. of Land in Front, lying in NewBern Town running Easterly and Westerly and Southerly Down or across near the mouth of Trent River, which said piece of Land I bought of Nicholas Routledge, and is the same whereon my two Stores are situate, opposite the Lot Known in the Plan of the said Town by the Number (15) with its Appurtenances, to hold to him his Heirs and Asignes forever.
Item. I Give and Bequeath to my Daughter, Anna, now Wife of George Lovick, Esq., One Negro Woman Named Little Rose, one Negro Man Named Cado, son of my Negro Woman Named Clarinda, one Negro Man Named Frank, one Negro Girl Named Sall, Daughter of my Negro Woman Named Judith, and one Negro Man Named Billey, my late Waiting Man, and to her Asignes forever.
Item. I Give and Bequeath to my Daughter Sarah, Now Wife of Richard Caswell, one Negro Man Named George, one
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Negro Man Named Moses, his Brother, one Negro Man Named Cato son of my Negro Woman Named Phillis, one Negro Boy Named Daniel son of my Negro Woman Named Tamer, one Negro Woman Named Judy Mother of my Negro Woman Named Tamer, and one Negro Woman Named Rachel, And to her Asignes forever.
Item. It is my Will and Desire that my Son in Law, Richard Caswell have the Tuition and Guardianship of my Daughter, Elizabeth Heritage, and my Son, William Martin Heritage, and I do appoint the said Richard Caswell Guardian to my said Daughter and Son accordingly during their Minority.
Item. I will and Ordain that the Executor of this my last Will and Testament shall, with all convenient speed for and toward the performance of this my last Will and Testament (after my Decease) Bargain, Sell and Alien all those my Lands I shall be possessed of at my Death, except such as are by this Will Specially Given and Devised, and for the Doing, Executing and perfect finishing whereof I do by these Presents Give, Grant, Will, and Transfer to my said Executors and the Sur- vivors or Survivor of them full power and Authority to Grant, Alien, Bargain, Sell, Convey, and Assure all my said Lands Except as before Excepted, to any Person or Persons and their Heirs forever, by all and every such Lawfull Ways and Means in the Law, as to my said Executors or Survivors or Survivor of them, as their Council Learned in Law shall think Necessary.
Item. I Will and Desire That all the rest of my Personal Estate not herein particularly Given, be sold at Public Vendue to the Highest Bidder at twelve months Credit, the Purchaser or Purchasers to Give Bond with Sufficient Securities, on Interest, before the Delivery of the Article or Articles, he, she or they, may or shall Purchase, and the Monies arising there- from, together with the Monies arising from the sale of my Lands above directed to be sold, together with my outstanding Debts be Divided Equally among my Children hereafter Named, that is is to say: my Son Heneage Heritage, my son John Heritage, my son William Martin Heritage, my Daughter Sarah Caswell, wife of Richard Caswell, my Daughter Anna Lovick, wife of George Phenny Lovick, and my Daughter Elizabeth Heritage, they first paying thereout to the Children my Daughter Susannah may, have Lawfully Begotten before she shall be a Widow if it shall so happen, on the arrival of the Eldest of them to the age of Fourteen Years, the sum of Fifty Pounds Proclamation Money with Interest from the Sale of my said Estate above mentioned until the same shall be paid to the said Children of my said Daughter Susannah, but in case she shall * * * arrive to the age of Fourteen, * that then and in such case the said Fifty Pounds above men-
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tioned shall be paid to her my said daughter Susannah with the Interest due to the time the same shall be paid her, for her own proper use and behoof forever.
Item. I Will and Direct that my Executors hereafter named, out of the Monies arising by and out of the sale of my Lands and Personal Estate above directed to be sold, pay unto the Servant I may have living with me as a House keeper at the time of my Death, the sum of Ten Pounds Proclomation money Unto whom I give and Bequeath the same forever, to be paid within Six months after my Decease.
And Whereas I, the Said William Heritage, some time between the Years of our Lord, one thousand seven hundred & forty four, and One thousand seven hundred and forty eight, did by four several Deeds of Gifts Give to foure of my Children, to wit: Heneage Heritage, Sarah Heritage, Anna Heritage, and Su- sannah Heritage, Sundry Pieces or parcels of Land lying in Cra- ven and Johnston Counties; and also sundry Goods and Chattels, Which said Several Deeds I kept in my own Custody not having suffered them or any of them to be proved or acknowl- edged in order to Alter, Destroy, and Revoke, or other wise to make void the same as I thereafter should or might think proper, Since the Execution of which said Deeds, the same are lost, mislaid or privately taken out of my Custody so that I could not now cannot Alter, Revoke, Destroy and make void the same as my intention is to do could I find and get Possession of them, Wherefore, to prevent any Disputes or Law Suits which may arise Between my Children after my Decease, for or by Reason of, the Gift to them, or any of them of any Lands, Goods or Chattels, contained or mentioned in the above mentioned Deeds, which said Deeds I do hereby Revoke, Disannull, and Make Void, to all intents and purposes as if the same had never been made, Therefore, it is hereby, Pro- vided always, and my further Will is, and I hereby Expressly Declare, that if my Son or Sons, Daughter or Daughters, Legatees, and Divisees herein mentioned or their or either of their Husbands, or their or either of their Heirs, or other Legal Representative or Representatives, shall at any time hereafter Controvert or Oppose any Part of this my Will, or shall Obstruct or hinder the admittance of all or any of the before mentioned Legatees and Devises or their Heirs, or any other Legal Representatives or Representative, of, in, or to, any of the Hereditaments, Lands, Tenements, Goods or Chattels, or other the Premises hereby Respectively given them as aforesaid, or shall at any time after such their, or any of their Admittance and Possession either in Law or Equity or otherwise Molest, Sue, or Trouble any such Legatee or Divisee whereby, to put him, them, or any of them, out of or get, or take possession of the same Premises or any part
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thereof, for or by Reason of the Deeds of Gifts as aforesaid Made and above mentioned, or for, or upon account of my not having cancelled or otherwise made Void the same * * * but not otherwise, & I hereby Revoke and make Void the Legacy, Estate, Share, and Interest of her, him or them, my above men- tioned mentioned Son, or Sons, Daughter, or Daughters, Legatees or Devisees aforesaid. or her or their Respective Husbands, and of their Respective Heirs, Executors and Adminstrators, and other Legal Representative or Representatives, of, in and unto, the before mentioned Legacies and Devises so given to them as aforesaid, and then, and in such case, but not Otherwise, I hereby Give, Devise, and Bequeath all such said Estate & Estates, Legacies, and Bequests hereby given, from such of them, my said Son or Daughter, or their, or either of their, Legal Representative or Representatives as shall so Contrevert, Obstruct, oppose or Molest all, or any of the before mentioned Legatees or Divisees in manner aforesaid, unto such Legatee or Legatees, Devisee or Devisees, who by Means thereof shall be Prejudiced or suffer thereby, the same to go and be paid to * * * use of, and be paid to such Legatee or Legatees, Devisee or Devisees so Prejudiced, and to their Respective Heirs, Executors and Administrators, or other Legal Repre- sentative or Representatives proportionably according to His Her, or their, loss or damage sustained by means thereof. Pro- vided, nevertheless, that if my said Son or Sons, Daughter or Daughters, Legatee or Legatees, aforesaid and all other persons Lawfully Claiming Any Estate, Right or Interest of in or to the Premisses by, from or under them,-either of them shall and do as soon as may be, or can be after my Decease Ratify and confirm this my Will, and also Release unto the said other Legatees or Devisees Respectively all their Estate Rights Title and Interest of, in, and to the several Estates, Monies, Legacies, Devises & Premises so by me hereby Respectively Given as aforesaid, then ;- and in that case, the last before mentioned Proviso shall be void and of none effect, anything therein contained to the contrary in any wise Notwithstanding. And Lastly, I hereby Make, and Ordain, and Appoint, my Son in Law, Richard Caswell, and my Sons, Heneage Heritage and John Heritage, Executors of this my Last Will and Testament, which is comprised in three sheets of paper Wrote on Every side thereof, hereby Revoking all other and former, Wills by me heretofore made, and Ratifying and confirming this to be my Last Will and Testament and none other.
In Wittness whereof, I have hereunto put and affixed my Hand and Seal the day and year first above written.
WILLIAM HERRITAGE (Seal)
Signed, Sealed, published and
Declared by the said William
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Heritage as and for his Last Will and Testament, in the presence of us who have Subscribed our Names as Wittnesses, and not only Wittnesses to the signing on this Sheet but also to the Testator affixing his Name to Two other sheets which are to this annexed and the whole complete his Will.
BAYLEY (?) WILL, BANKS. DANL. BARRY.
CODICIL.
I, William Heritage, of Craven County, Gent., do this tenth day of April in the year of Our Lord, One Thousand, Seven Hundred and Sixty Nine, make and Publish this Codicil to my last Will and Testament, in manner following, that is to say:
I Give and Bequeath to my Son, Heneage Heritage, my Gold Watch and One Negro Girl named Bella and to his Asignes forever. Also, I Give and bequeath to my Son, John Heritage, my Silver Watch, commonly worn by my Son, Heneage Heri- tage.
And whereas, in and by my last Will and Testament I have Given and Devised to my aforesaid Son, Heneage Heritage, the Land a Plantation whereon I Dwell commonly called Springfield on the East side of Jemmys Creek, and sundry other Tracts or Parcels of Land Situate in Craven County adjoining the same, which are Particularly described in and by my said last Will and Testament and to his Heirs Lawfully Begotten, and in Default of such Issue to my Right Heirs for- ever; and whereas, I am Apprehensive it will be for the Benefit and Advantage of my said Son, to have a Fee Simple Estate in all those Lands, I do therefore give and Devise to my said Son, Heneage Herritage, all those Lands commonly called Springfield and other Tracts or Parcels of Land Adjoining the same, which are Particularly mentioned and Described in my last Will and Testament to be given and Devised to him, in manner aforesaid, To hold to him and his Heirs and Asigns forever, without any manner of Limitation or Condition what- soever, any thing in my said last Will and Testament to the Contrary Notwithstanding.
And lastly, it is my Desire that this Codicil be annexed to and made part of my last Will and Testament to all intents and purposes.
In Wittness Whereof, I have hereunto set my Hand and Seal the Day and Year above written.
WILLIAM HERRITAGE, (Seal)
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Signed Sealed Published and
Declared by the above named William Herritage, as a Codicil to his last Will and Testament in the Presence of us:
DAVID GORDON. her MARGARET X WIGGINS. mark ELIZABETH BLOUNT. RD. CASWELL.
Copied from Original Will, filed in the Office of the Secretary of State.
HARMAN HILL'S WILL.
IN THE NAME OF GOD AMEN, the 4th of December, 1752. I, Harman Hill, of the County of Beaufort, in the Province of North Carolina, being very Sick and Weak of body, but of Perfect mind and Memory, thanks be to God therefor, Calling unto mind the Mortality of my body and knowning that it is Appointed unto all men once to Die, Do make and Ordain this my last Will and Testament, that is to say, Principally and first of all, I give and recommend my soul into the hands of God that gave it and for my body, I give to be buried in a Christian like and Decent manner at the Discretion of my Exec- utors, Nothing Doubting but I shall receive the same again at the General resurect'n, by the Mighty Power of God; and as touching such worldly Estate wherewith it hath Pleased God to bless me in this life, I give, Devise and Dispose in the following manner and form:
Imprimis. It is my Will, and I do order, that in the first Place all my Just Debts and Funeral Charges be Paid and Satisfied.
Item. I Lend unto my Dearly and well beloved wife, Sarah Hill, two Negroes Named Scipio and Sarah, with two Large Feather beds and Furniture, One Desk and Four Chairs, one Chest. I likewise lend unto the said Sarah Hill, one fourth of my Plantation, and two Horses Named Ball and Primas, One Middle Siz'd Table, Two Pewter Dishes and one Dozen of Plates, one Small Wallnut tree fram'd Looking Glass, 6 Oecamy Spoons, Four Cows and Calves, Two Sheep, Namely, one Wether and one ram, untill the Decease of the said Sarah Hill, then after to Descend to the heirs, only my Desk to return to my Son, Harman Hill. I also Lend unto my Wife, one Middling iron Pot and one brass Kettle, During the term afores'd, then to descend to my heirs.
Item. I give and bequeath unto my said Wife, four of my best Steers for ever.
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Item. I give and bequeath unto my Dearly and Well beloved son, Harman Hill, A Tract or Parcel of Land lying and being in the County of Beaufort, formerly Called Callums Creek, the said Land Containing Four hund'd and Thirty Acres and taken in Cary's time, only, Near about Thirty Acres of the said Land belonging to Capt. Richard Evans, and Joyns his Land and one Negroe Boy named Jack, one Duck Gun, and a Mare Called Chance, and one Cow and Calf, two New Club Axes, One Iron Pot, Four Plates, unto him for ever, Excepted, that the said Harman Hill. dies without Issue, then the said Land to be equally divided among my heirs.
I Likewise give and bequeath unto my Son afores'd, One Silver Stock Buckle, and one fifteen Bottle Case and Bottles, and one Beaverett Hat, and one Small Oval Table, and my Chest, to him, his heirs and Assigns forever.
Item. I Lend unto my Daughter, Elizabeth Hancock, one Negro boy Named Cuffy During her Life, and after the Decease of the said Eliz. I give the said Negroe to be Devided between her two Sons, (Viz), James & William, to them for ever.
Item. I give and bequeath unto the said Eliz. Hancock one Mare Called Faney, Two Plates, to her, her heirs and Assigns for ever.
Item. I give and bequeath unto Sarah Rice, One Negroe boy Named Cezar, One Feather bed and Furniture, Two Cows and Calves, One Mare Called Jenny, Two Plates, one Small Iron Pot, to her and her heirs & Ass'gs for ever.
Item. I give and bequeath unto my beloved Daughter, Ann Slade, One Negroe boy Named Quacko, and one Large Feather bed and Furniture, to her, her heirs and Assigns for ever. I likewise give and bequeath unto my afr'sd Daughter, Ann Slade, a Tract or Parcell of Land, Containing Three hundred and fifty Acres, Lying and being on the South side of Pamplico River, begining at a Poplar and running So. 35 D. wt. 290 Pole to a Pine, and the Lines as is in the Patten. Provided, that the Husband, Joseph Slade, does in Consideration of this Gift, build a House 25 foot long, 16 foot Wide, where the Wife of me shall appoint, then within two years after the Decease of me, then the the said Land to be and remain forever, Otherwise the said Gift to be Void, and Descend to my heirs; I Likewise give unto the said Ann Slade a Trading Gun for ever.
Item. I give and bequeath unto my beloved Daughter, Mary Smith, One Negro Girl Named Pegg, Two Cows and Calves, one Iron Pot now in her Possession, Three Plates and one Large Pewter Dish, one Walnut tree Fram'd Looking Glass, one Case of Nine Bottles, to her, her heirs and Assigns for ever.
Item. I give and bequeath unto my beloved Daughter, Rachel Hill, One Negro Girl Called Sall, One Large Oval
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Table, two Cows and Calves, one Mare Colt, Six Pewter basons, Three Plates and one Pewter Dish, to her, her heirs and Assigns for ever.
Item. I give to my Wife and Children £32-12s-11d, Virg'a Money, to be equally Divided to them, their heris and Assigns for ever; and all the remaind'r Part of my Estate to be equally Devided among my heirs afors'd to them for ever.
I Likewise make and Ordain and Constitute my Wife, Sarah Hill, and Joseph Slade, and Mr. John Barrow, my Whole and Sole Executors of this my last Will and Testament, and Do Deny, Revoke and Disanul all other former Wills, Legacies, Testaments by me in any Wise before Named, Will'd and bequeath'd, Ratifying and Confirming this, and no Other, to be my Last will and Testament.
In Testimony hereof, I have hereunto fixed my hand and Seal the Day and Year afores'd.
HARMAN HILL (Seal).
Sign'd, Seal'd, Pronounc'd and Declared by Harman Hill, to be his last Will and Testament in Presence of us:
EDMUND PEARCE, JOSHUA PEARCE, GRIFFETH HOWELL.
BEAUFORT COUNTY. SS.
At a Court held for the sd. County, at Bath Town, on the second tues- day in March, Anno Dom., 1755. Present his Majesty's Justices.
This certifies that the last Will & Testament of Harman Hill, decd., was exhibited into Court & proved by Edmond Pearce, one of the sub- scribing witnesses, who swore that he saw the sd. Harman Hill execute the same and publish it as his last Will & Testament, & that he was then of sound & disposing mind and memory; & also that he saw Joshua Pearce & Griffeth Howell, the other subscribing Witnesses, Set their Hands thereto at the same time.
And Sarah Hill, Joseph Slade & John Barrow, qualified as Exor's thereto, by taking the Oaths according to Law.
Ordered that the Secretary have notice that Letters Testamentary may issue.
Test. WALLEY CHAUNCEY, CI. C.
Copied from the Original Will, filed in office of Secretary of State.
ISACK HILL'S WILL.
IN THE NAME OF GOD AMEN. The Third Day of March, in ye year of our Lord God, One thousand, Seven hundred & Ten, I, Isack Hill, of Chowan prcinct, in ye province of North Carolina, planter, being sick of Body, but of Good & perfect Memory (God be praised), Doe Make & ordaine this my last
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will & Testam't (& I utterly revoke & Disannull Every other former Testaments, Wills, legaces, & bequeiths, Executor & overseer by me in any wise before this time, made, named, willed & bequeithed), in manner & forme following: First, I Commend my Soul into ye Hands of God my maker, hopeing assuredly through ye onely merits of Jesus Christ my Saviour, to be made partaker of life Everlasting; & I Commend my Body to ye Earth where It is made, to be Decently buried by my Executors hereafter named; & what Estate God Allmighty has been pleased to bless me with in this world I will Give & bequeith in manner following, Vizt:
My Tract of land I now live upon, Containing Six hundred & forty Acres, to Be Equally Devided between three of my Sons, Vizt: Michal, John & Isack, that is two hundred & Thirteen Acres & one third part of one Acre to My Son Michal (which he now lives upon) & ye same quantity of land Adjoyning to my Son Michals (which he now lives upon his land) I Give to my Second Son, Isack, & ye other Devidend of ye tract I Give to my Third Son, John. & to my Youngest Son, Nathaniel, I Give three hundred & twenty acres of land I bought from Thomas Pollock adjoyning to that part of ye foresd Tract I have Given to my Son Michal. Ye above quantity of land I have Given to Each of my Sons by this my last will & Testam't, I intale on them, their heirs & assigns for Ever, & when it shall please God to Call one or any of them, haveing no Issue, males then their land to be equally Devided among their Surveying Brothers, & having Given my Eldest Son, Michal, his Share of ye Cattle & hoggs, ye remaining part, that is those that Shall be found properly belonging to me at my Death, I Give unto my three Sons, Isack, John, & Nathaniel, & my Dear Daughter, Martha, shall have her choice of ye Cattle & Hoggs for her share, not Exceeding ye Same Number her Brother has, & their Shares I leave to be Given them by my Executor, & I further will that ye hand mill shall remaine for ever were she now is, & that all my Children shall have equal previledge to use her were she now stands, & this Dwelling house & all ye other houses on this plantation to me, I Give to him whose land they happen to be upon, & Commit ye Emediate Care of my hand Mill to him.
I will that all my houshold furniture to be Equally Devided between my three, Sons Isac, John & Nathaniel, & my Daughter, Martha, always letting he Chose for her Share, & theirs to be Given them according to ye pleasure of my Executors.
I will that my horse & mare remaine at ye Plantation were they now are for ye use of ye Same till they Increase to four, & then to be Devided to my three Sons last named, & my Daughter, Martha,
& I appoint Capt. Robt. west, Executor of this my last will & Testam't, likewise, I leave to his Care my youngest Son,
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Nathaniel till he be Capable to provide himself a livelihood, or till he be Majour, & Desire he may Endeavour to keep my two sons, Isack & John, on ye plantation where their Sister Martha, till they Can better provide for themselves.
In wittness whereof, I have hereunto Subscribed my name & Seal, to this my last will and Testament, before these wittnesses: Edward Bryan, William Maule & John Hale.
ISACK HILL X (Seal)
WILLIAM MAULE. EDWARD BRYAN. JOHN HALE.
Recorded in Will Book 2, page 33.
JOHN HASSELL'S WILL.
IN THE NAME OF GOD AMEN. John Hassell, of the Prov- ince of North Carolina and County of Tyrrel, being Sick and Weak of Body but of Sound and perfect Mind and Memory, thanks be to almighty god for the Same, and 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 to be my last will and testament, first and principally I Recommend my Soul to God that gave it, and my Body to the Earth to be Buried in a Deacent and Christian like manner, at the Descre- tion of my Executors hereafter Mentioned; And as Touching such Worldly Estate wherewith it hath pleased God to bless me with In this life, I give and Dispose thereof in manner and form following:
Imprimis. I give unto my Dearly beloved Wife, Rachel Hassell, all my movable Estate of what Nature & Kind soever, to her proper use forever, Except Such legacies as are partic- ularly otherways mentioned and Disposed of.
Item. I give and bequath unto my wellbeloved Son, John Hassell, a Plantation on the West Side of Scupperlong River, Containing one Hundred acres and known by the Name of the Plains, unto him his heirs and assigns for ever.
Item. I give and bequeath unto my well beloved Son, Joseph Hassell, one hundred acres of Land on the East Side of Scupper- long River lying on the North Side of the Leading Swamp, Begining at the head of the Leading Swamp at a goom, from thence to the popler Line, unto him and his Heirs and Assigns for ever.
Item. I give and bequeath unto my well beloved Son, Isaac Hassell, one hundred acres of Land on the East Side of Scupperlong River, on the north Side of the Leading Swamp, begining at the popler line, from thence to the three marked pins at Phelpsis Swamp, to him & his heirs and assigns for ever.
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Item. I give and bequeath unto my well beloved Son, Ben- iamin Hassell, my Manner Plantation and the Said Land belong- ing to it, after his Mothers Deceas, to him and his heirs and assigns for ever.
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