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 28
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And Lastly, I doe appoint my son in law, Maj. Lenoard Burwell, & my good friend Capt. Thomas Godwin, my abso- lute, whole & Sole Executo'rs of this my last will & Testament, & every parte & Clause therein contained, making null & Void all other wills & Testam'ts whatsoever, & this only to be my last will & Testament and no other.
In witness whereof, I have hereunto sett my hand & fixed my Seale ye day & year above written.
JNO. LEAR (Coine Sigilli)
Signed, Sealed & delivered in ye presence of :
Signum WILLIAM W COFFEILD JOHN LOWE. ELIZABETH BRIDGERS. signum ANN A COFFEILD.
Copia Vera. Test. ANDREW Ross, dept. C1. Court.
At a court held for Narsemond County, Feb'y ye 12th. 1695, proved by ye oathes of mr. William Coffield, Mr. Jno. Lowe & Mrs. Ann Cof- feild, and by ye affiemation of Mad'm Elizabeth Bridgers with order to record & it recorded.
Test. ANDREW Ross, dept. Cl. Court.
Copied from Original Will, Filed in the Office of the Secretary of State.
FRANCIS LEYDON'S WILL.
IN THE NAME OF GOD AMEN, This Twenty Third Day of februry, In the Second year of the Reign of our Sovgrain Lord King George, and In the Year of our Lord God, one Thousand, Seven hundred Twenty Seven-Eight. I, Francis Layden, of the province of North Carolina, In the County of albemarle, In the precinct of perquimons, Being Verey Sick and weak In body, but of perfect mind and memory, Thanks be
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Given unto god; Therefore Calling Unto minde the mortality of my body, and Knowing that It Is appointed for all once to Dye, Do make and ordain my Last will and Testement, that is to Say, principally and first of all I Give and Recommend my Soul Into the hands of God that Gave it; and my body I Recommend to the Earth, to be Buried in Decand and Christian manner at the Discretion of my Executrix, nothing Doubting but at the General Resurection I Shall Receive the Same again by the all mighty power of god; and as Touching Such worldly Estate wherewith It hath pleased God to bless me In this Life, I Give, demise and Dispose of the Same In the following manner and forme:
Imprimis, I Give and bequeath to my Dearly Beloved wife, Elizabeth Layden, whom I Likewise Constitute and appoint my Executrix, the benefit and use of all my Estate, both Real and personal, During her widow hood.
Item, I Give and bequeath to my well beloved Son, William Layden, the plantation I now Live upon, Containing Two hundred and Thirty Seven acres; the Same to Remain free and Clear for Ever, to him and his Heirs.
It is further my will that my Son, William, when possessed of the manor, Shall pay unto his Three younger Brothers, Frainces, George, and Isaac, the sume of Teen pounds, to Each, In bills. It Is my will that if my Son, William, Should Dye before he Is possessed of the Land that Then It shall become franceis and his heirs.
Item, I Give and bequeath to my well beloved Son, francis Layden, all that Tract of Land Situat, Lying and being In the precinct aforesaid, Joyning to John Stevens Land, Containing one hundred and Six acres; the Same to be possessed by him and his heirs, and to Remain Clear and free for ever; But In Caise he Should Dye before he is possessed of It, Then It Is my will that his Brother George shall have It, and so to Re- main to him and his heirs; and Likewise, further my will, that In Caise George Should Dye before he has possessed It, that Then, and in That Caise, my will Is that It be posse'ed by Isaac, and so to Remain to him, his heirs; but In Caise of his Death before possesion, then the Land to be my Daughter marys, and so to remain to her and her heirs for Ever.
It is further my will, that if my son francis, Should Live to possess the Land, that then and In that Caise, he to pay unto his Brother George and Isaac, the Sume of teen pounds In bills to Each, and likewise teen pounds to his Sister mary; and It Is also my will, that after my widow has her Third out of my moveble Estat, that Then, the Remander be Eaqly Divided between my son francis, George and Isaac, and my Daughter, mary.
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Item, I Give and bequeath to my Cousin, William Midlton, my musket; and my other Gun to my Son, William.
FRANCIS LAYDAIN. (Seal)
Signed, Sealed, Published, Pro-
nounced and Declared By the
Said Franceis Layden, In Pres-
ence of : JOHN STEVENS, WILLIAM EVENS. his WILLIAM X MIDLTON.
mark.
Proved by ye Oaths William Middleton, & Willm. Evens, Evidences In open Court. Test: CHARLES DENMAN, CIK.
Letters granted 22th. april, 1728.
Copied from Original Will, filed in the Office of the Secretary of State.
ALEXANDER LILLINGTON'S WILL.
IN THE NAME OF GOD AMEN. The ninth Day of September, Anno. Dom., 1697. I, Alexander Lillington, of Prcint of Peque- mons, being Sick & Weak in Body, But of Good & perfect mind and memory, praysed be God, Doe make and ordayne this my Last Will and Testament in forme following: First and principally, I surrender my Soul to Jesus Christ my only Saviour and redeemer trustin his Merritts & Precious ? Death to have full pardon of all my Sinns; and my Body I remitt to the Earth from whence it came to be decently interred accord- ing to the Discretion of my Executor hereafter named; and for my wordly Estate, after my Debts and funerall Expenses are paid, I give as followeth:
Imprimis, I give and bequeath unto my Son, John Lillington, and his heirs forever, my plantation whereon I now live, and the plantation which was formerly Stephen Hancocks over agt. mine, and all the Land to each of them belonging, to- gether with my Still & the Implements to them belonging, also my Silver hilted Sword and Belt, the Mills, and my Long Gunn. I give to my Son John my ffeely'. Gunn and Backsword.
Item, I give to my Son, George Lillington, and to his heirs forever, my plantation att Yawpins River, called my Quarter, and my plantation att Little River whereon Francis Penrine lived, w'th all the Land to Each of them belonging. And if in Case that either of my Sons Dyes before they come to age, I give the part of him Soe dying to the Surviver and his heirs, and if both of them Dyes before they come to age then I give my plantation I now live on to my Daughter, Ann Walker & her heirs; and my plantation att Little River to my Daughter, Elizabeth Fendall, and her heirs; and my plantation called my Quarter, to my Daughter, Mary Lillington, & her heirs; and
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my plantation which was Stephen Hancocks to Sarah Lilling- ton, and her heirs.
Item, I give and bequeath to my Children, Mary Lillington, John Lillington, Sarah Lillington & George Lillington, & to Each of them thirty pounds apeece, to be paid them by my executors hereafter named, when they shall Severally come to age or Marriage. I having advanced Soe much already to my Eldest Daughters in Marriage.
Item, I doe Will that my wife, Ann Lillington, have a Decent livelihood out of my Estate Soe long as Shee keeps her self a Widow; and that She Shall have the management of my plantation in buying and Selling, Soe as that my Said Wife shall dispose of nothing but of the ground of the Said planta- tion, and that for and towards the maintenance of her Self and my Children, and to noe other use.
Item, I will that my wife shall have the disposall of fifty pounds att her Decease to be paid to whom Shee shall give it to, by my Executors hereafter named.
Item, I will that my children Shall likewise have their maintenance out of the produce of my Stock and plantation, Soe long as they live together on the Same.
Item, I will that all the rest and residue of my Estate, be Equally divided among all my Children, to Say, Ann, Eliz., Mary, John, Sarah, and George, and to the survivors of them.
Item, it is my Desire that what I have given to my Daughter, Sarah, be laid out to buy her a negro, to be delivered to her att age or Marriage.
Item, I will that if any of my children dyes before they come to Enjoy the Thirty pound I have given them, the same Shall fall to the rest of my Children or the Survivors of them.
Item, I will that my Executors carry on my Son, John, in his learnings as I have begun, and that All my Children be brought up in Learning as conveniently can bee.
I doe appoint my Son in Law, Henderson Walker, ex'tor to John Fendall, dect.
Item, I doe appoint Coll. Willm. Wilkerson & my said Son, Henderson Walker, Executors of this my last Will and Testa- ment and if Either of them dyes before this my will is Executed, I appoint my Son, John, ex'tor in his Roome.
Item, I doe Will that my Executor have the management of my other plantations till my Children comes to age.
And I revoake all other Wills by me made, as Wittness my hand & Seal this Day and year above Written.
ALEX LILLINGTON (Seal)
(Impression of Coat of Arms on Seal) Sealed and Delivered in pres-
ence of. CALEB CALLOWAY. JOHN BARRON, ROBERT HARMAN, Sen.
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Att a Genrall Court held S'ber the 8th, 1697, this will was proved by the Evidences Subscribed thereunto By the hono'ble, the Palatin of Court. N. GLOVER, C. Cor.
NORTH CAROLINA.
Whereas, Major Alexander Lillington is deceased, having made by his Last Will & Testament, a true Coppy whereof is hereunto Annexed, Coll. William Wilkeson and Captn. Henderson Walker, his Executors. These are to impower the Said Wm. Wilkison & Hen. Walker, to Enter in & upon all & Singular the Goods & Chattles, Rights & Credits of the Sd. Alex. Lillington, de. And a true Inventory thereof to returne w'thin one year after the Date hereof, and the Same to dispose of as by the Sd. Will.
Dated the 9th. day of October, 1697.
FRA. TOMES, SAML. SWANN, THO. HARVEY, DAN. AHEHURST.
Recorded in Will Book 1, page 78. Office of the Secretary of State.
JOHN LILLINGTON'S WILL.
IN THE NAME OF GOD, AMEN. I, John Lillington, of the County of Bath, in North Carolina, Gent., being Sick and weak of Body, but of Sound & perfect mind & memory, and Calling to mind the Sertainty of death and not knowing when it may pleas the Lord to call me out of this life, do make, ap- point and ordain this to be my last Will and Testament, in maner and form following, that is to Say, after My Just & lawfull Debts are paid.
Impr's. I give bequeath & Devise unto my Loveing wife, Sarah Lillington, three of my negro slaves, Named, Shippy & Jupiter, two men; and marya, a woman, to her proper use forever.
Item, I give, bequeath & Devise unto my Son, Alexander, one Thousand Acres Land being the one moiety of this parcel of Two thousand Acres of land whereon I now live, to be held of him, his heirs or assignes in fee simple forever.
Item, I give and Devise to my said Son, two of my Negro Slaves, Named Danger & Jack; also Tenn Cowes with Calves by their Sides, and Six Sowes and a Boar, and Six Ews and a Ram, all to be likely and good, and apair of hand mill Cullen Stones, and my large Family Bible, all to be delivered to my said Son, by my Executors hereafter named, when he shal attain to the age of Twenty one years, for his proper use forever.
Item, I give, bequeath & Devise unto my Eldest Daughter, Elizabeth, one of my Negroe Slaves Named Roas, a wench; also Ten likely good Cowes with Calves by their Sides, and One Feather Bedd, bolster and Pillow with a sute of Curten & Vallens, to be delivered to my said Daughter by me Exetrs.
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hereafter named, when she shall attaine to the age of Twenty one years or day of marryage, for her proper use forever.
Item, I give, bequeath, & Devise unto my Daughter, Mary, one of my Negro Slaves Named Judy, a Guirl; also Tenn Cowes with Calves by their sides to be likely & good; and one Feather Bedd, bolster & Pillows, with a sute of Curtains & Vallens, to be delivered to my Said Daughter by my Exec'tr hereafter named, for her proper use forever, that is to say, when she shall attain to the age of Twenty one years or day of Marryage.
Item, I give, bequeath & Devise unto my youngest Daughter, Ann, one of my Negroes Named moll, a Guirl; also Tenn likely good Cowes with Calves by their Sides, and a Feather Bedd, bolster and Pilloes with a Sute of Curtains & Vallens, to be Delivered to my said Daughter by me Exesrs. hereafter named, when she shall attain to ye age of Twenty one years or day of Marryage.
Item, I give, bequeath & devise al the rest & Residue of my Estate not before mentioned and given (the better thereby to Inable my sd. wife to bring up my sd. Children in Schooling &c.) unto my afsd. Loveing Wife, for her proper use forever.
And lastly my will and desire is, that all my lawfull debt be paid out of the profits arriseing by the labour of my slaves before nominated & given, and that they be kep together under the Care and ordering of my said Wife, and so to re- maine untel all my debts be fully paid & discharged thereby.
I do hereby nominate and appoint my Loveing wife, Sarah Lillington, Maurice Moore, John Porter and John Bap'a. Ash, to be my Exers., Joyntly or Severally to doe and Execute all and every part of this my last will and testament. (Turn over)
In Witness whereof, I have hereunto Set my hand and Seal, this 19th day of March, Anno. 1721/2.
JOHN LILLINGTON (Seal)
Signed, Sealed & Delivered, in
presents of us:
PAT. MAULE. SAMUELL COOPPER. the mark of JOHN I TRANTER
NO. CAROLINA. BEAUFORT AND HYDE PRECINCTS, SCT.
At a court held for the said Precincts, at Bath Towne, on Tuesday ye 2d. July, 1723. Pres't .. Esqr. His Majesties Justices.
The Last Will and Testam't of Mr. John Lillington, dec'd, was by the Exors. therein named, Exhibited in this Court and proved by the oaths of Sam'll Cooper & John Tranter, two of the Witnesses thereunto, who also deposed yt they saw Patrick Maule, the other Witness evidence the same.
Ordered that notice be given to the Secretary of the Same & that it be Recorded. JNO. BAP'TA. ASHE, Cler: Cur:
Copied from the Original Will, filed in the Office of Secretary of State.
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WILLIAM LITTLE'S WILL.
IN THE NAME OF GOD AMEN. I, William Little, of North Carolina, do make this my last will & Testament, trusting in Gods great Mercy for my Everlasting State.
Imprim's, I make my dear & loving wife, Penelope Little, my good friends, Christopher Gale, Edmond Gale & Edward Salter, and my brother, John Arbuthnot, Exec's. of this my last will & Testament; and I do hereby give & bequeath to my loving wife Penelope Little, her heirs & assigns, my house in Edenton lately leased to mr. Rice, together with ye gardens, outhouses, pastures, & all the lands, and all appurtenances; She discharging ye hundred pound taken up of ye publick, for which it is mortgaged; also, I give to my sd. wife my negros, Harry, Daniel, Phoebe, Maggy and her child Phibby, & my best horse, and one half of my household goods & furniture; the other half I give to my Daughter, Penelope Little; also, I give to my sd. Daughter, Penelope Little, & her heirs and assigns, my half ye mill att Hoskins bridge near Edenton; & my half ye three tracts of lightwood land att meherrin, patented in John Bonds name, but I pay'd ye purchase & he is to make a title; also, I give my sd. Daughter, my negro Girl Hannah, and I appoint Christopher Gale, Esqr., Guardian of my sd. Daughter, & I do hereby Impower him, or on his decease, ye Survivors of my Exrs. Such of them as shall be in Carolina, to Sell any of her Estate, real or personal, if thought for her benefit, & I would have her still kept at Boston & maintained out of ye Income of her mill, and what Can be made of ye light wood lands & other Estate.
Also, I give my Son, George Little, his heirs & assigns, all my lands in meherrin neck, with what Stock is, or shall, at my decease be thereon, Including also ye land whereon Tayler lived adjacent to ye sd. neck, and whereas in my purchase patent for the sd. lands, there is Included some lands of the Poweys & others, with intent to buy their right out, my will is that out of my debts (or goods to hereafter sold), that are due to me if it shall more than pay ye Debts I owe, that my Execrs. therewith, if to be done at a moderate price, do buy out the Same, or what they can thereof, & if John Ryly wil quit his Claim there, I devise to ye sd. John Ryly & his heirs my land bought of John Badsey? near where Joseph Durds lived, but if not, then I devise ye Same to my Son, George, & his heirs, together with what shall be bought as afsd.
Also, I will that my books lent out, be got in, & all my books sold, & out of ye produce two negros to be bought, viz: one feild negro woman likely for breeding, whom I give to my
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Son, George, & one young negro woman or girl of about four- teen years, which I give to my daughter, Penelope.
Also, I give my son, George, my negros Sampson & Scipio, only my will is that my Son, Georges negroes be kept att work on ye plantation at occaneechy with ye others, which I hereby give my Son, William Little, viz: Boston, Plymouth, Jock, Dinah & her Child, & Jap. I wil that out of ye produce of their labour & ye hoggs & Stears fit for killing, & what Shall be raised, be apply'd towards paying of the four hundred pounds taken up on mortgage from ye Country, viz: two hundred pounds on ye meherrin lands & Two hundred pounds on my Occaneechy land by Edward Hocot.
Also, I give & devise to my Son, William, his heirs & as- signs, all my lands in occaneechy & that near ye Court house in Bertie, given my by Wm. Banks, and all my land att Shac & Swift Creek & places adjacent; also ye lands whereon John Pratt lives, and all other my lands & real Estate Whatsoever & wheresoever, Saving yt my wil is, if ye sd. John Prat, who is Considerably in my debt wil Com to a fair acc't & discharge ye Same, I wil & Impower my sd. Exec's., or ye Survivors of them, or Such as shall be in Carolina, to make ye sd. Prat a title in fee, to one half of ye sd. land he lives on, which I bought of Watkins. Also I give my sd. Son, William Little, all ye Stock of Cattle, hoggs, horses, & all tools & utensils att my sd. plantations at occaneechy, Except ye use & produce thereof til ye aforsd. publick money be raised & discharged.
in my publick accts. as Recr. Genll. made up a filed in ye Council Office, there is a Smal Ballance of bills now due from me, provided what is outstanding can be got in which has been stopt. but Since that there is much * (Illegible) my labour as cheif Justice & holding the courts of oyer & Terminor, which I Expect my Execr. to receive in proclamation money or Equivalint, and when my debts I owe & Legacyes are payed out of what is due to me, & other my personal Estate as herein disposed of, I devise ye sd. residue of my sd. personal Estate, ye one half to my wife, ye other half to my children, to be Equaly devided between them.
Also, I give my wife ye use & liberty of living on any of my plantations during her widohood & ye use of any Stock or houses for her & her childrens maintenance. And I do ap- point her guardian of my young Son, George, & I appoint my friend, Edward Salter, Guradian of my Son, William & his Estate, to let, dispos & manage ye same in ye most beneficial manner, & to Educate him ye best he Can, trusting in his Care & friendship to my dear Child.
Also, I give to my wife ye use of and Service of my molatto Girl, Jenny alt. Jemima, & her negro Girl Bess, till free, with whom I have been at great Expense, & my will is that altho
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ye sd. Jemima hath no title to any of ye lands intended for her by ye old negro Bunch, yet as there was an Equitable Intent of some benefit to her, I will that there be payd to her & her Sister, at Capt. Bryants, five pounds Each, as they Come of age respectively, in Virginia Currency or Equivall. & I leave it to my wifes discretion do discharge ye sd. Jenny als. Jemima at ye age of Twenty one or to hold her til thirty one years of age after ye Custom of molattos.
Also, I give to my friend, Robert Forstor, my Sword & Cloaths, left me as a legacy by my dear friend mr. Lovick; & ye rest of my Cloaths I leave at my wifes discretion to be disposed among my friends.
Also, I give to a Mourning ring, and one to each of my execrs. & to my brothers, Isaac Little & John Arbuthnot & my Dear Sister aubuthnot & My Sister Barker; also a handsome ring to mrs. Penelope Lovick, widow of my Dear friend, John Lovick, as a Small token of my Es- teemed Value for her.
Lastly, I hereby revoke all other wills by me made, & ap- point this my last will & Testament.
In Testimony whereof, I have Signed & Sealed & published ye Same to be my will, this 25th. day of June, 1734.
WILLIAM LITTLE.
Signed, Sealed & published in
presence of us:
Test: JOHN BOYD. JOHN CROWELL. JOHN PARKER.
No. CAROLINA. SC.
These may certify That the Reverend Mr. John Boyd, and John Parker, Two of the Subscribing Evidences to this Will, made Oath on the Holy Evangelists, that they saw William Little, Sign, Seal, publish & declare these presents to be & contain his last will & Testament.
Sworn before me the 5th, Septr., 1734.
GEO. BURRINGTON.
Copied from Original Will, Filed in the Office of the Secretary of State.
JOHN LOVICK'S WILL.
IN THE NAME OF GOD AMEN. I, John Lovick, of North Carolina, being Sick and weak, but of sound mind and Memory & Remembering it is appointed for all Men to Dye, do for the Settling my Estate after my Decease make & Ordain this my Last Will & Testament, after my just Debts are paid.
Impr. I Give & Bequeath to John Lovick, Son of my Broth- er, Thomas Lovick, the negro Boy called Ned now at the sd. Thomas Lovicks; and also the Tract of Land & Plantation called the Horse Meadow or Pasture adjacent to Plowmans
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Land, to him and his heirs; & if the sd. John Lovick Dye before he comes of Age, my Will is that what I Give him, his said Father shall have.
Item, I Give to my said Brother, Thomas Lovick, a mourning Ring and a Suite of mourning.
Item, I Give to the Hono'ble Sir Richard Everard, Bart., & Govn. a Gold Ring, and another to Christopher Gale, Esqr., and another to Edmond Gale, Esqr. & another to Mr. Robert Forster.
Item, I Give to my Friend, William Little, Esqr., a Gold Ring and a Suite of Mourning, and Six of my best Shirts, my best Hat, Wigg, & Sword, my Gold Buttons, all my Law Books & Lord Clarendens History.
I do not mention any Legacy to my Brother, John Galland, and because I Leave to my Loving Wife, his Sister who I know will always be ready to do for him while he deserves it.
Item, I Give to my Dear & Loving Wife, Penelope Lovick, all the moneys and Effects in George Lovicks hands, and all the Goods I have Sent for & A Legacy due by my Uncle Parrs Will, on the death of Mrs. Fuller, who I hear is Dead, and also all the rest and Residue of my Estate, Real & Personal what- soever & wheresoever, and of what Nature or kind soever. And I appoint my said Wife Sole Ex'x. of this my Last Will & Testament, desiring her in all affairs of Moment & weight to be advised & Directed by my Friends, Christopher Gale & William Little Esqrs. who, I am Sure will be very Faithfull and ready to assist her; I also appoint my sd. Ex'x. to be Executor of the Will of John Plowman, Deceased, to whom I am Exr .; I also appoint my sd. Wife, Ex'r of the Will of Charles Eden, Esqr., Deced., to whom I was Executor, and for as much as the said Charles Eden on his Death Bed did charge me if I met with any Trouble about his Will from Roderick Loyd, or any of his Family, that I should not pay the Legacy of Five hundred Pounds, sterling, in the sd. Charles Edens Will, given to Mrs. Margaret Pugh, I do therefore forbid my said Executrix to pay the same, I having met with great Truu- ble, Vexation & charge about the said Will from ye Roderick Loyd, and several of his Family, and the sd. Mrs. Pugh having once refused the said legacy too and endeavoured to defeat and overthrow the sd. Charles Edens Will; and also I hereby appoint a joyn with my sd. Wife, Christopher Gale, Edm'd Gale & Wm. Little, to be Executors of the said Will of Charles Eden & of the sd. John Plowman.
And, Lastly, I do hereby Revoke all other Wills by me made & comfirm this to be my last Will & Testament.
In Testmmony whereof, I have hereunto set my hand & affixed my Seal, this 27th. day, August 1727.
J. LOVICK. &a. (Seal)
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Signed, Sealed, published & pronounced to be his Last Will & Testament by the sd. John Lovick in the presence of us: Sign. ROBERT R WEEKS.
FRANCES F RAZOR her mark. WILLIAM LITTLE. EDW'D HOWCOTT.
No. CAROLINA. SC.
His Excelly., George Burrington, Esq., Govn. & Ordinary &ca.
These may certify that Edward Howcot, one of the Subscribing Wit- nesses to the Within Will personally appeared before me this Day, and made Oath on the Holy Evangelists that he saw Mr. John Lovick, Deced., Seal, publish & Declare the within writing to contain his last Will & Testa- ment, that he was of sound mind & no Compulsion offered.
Given under my hand at Edenton, the 10th. Novm. 1733.
GEO. BURRINGTON.
No. CAROLINA. SC.
Depositions taken De bene esse, to prove the Republication of Mr. John Lovicks Will during his last Sickness whereof he Dyed.
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