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 29
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The Deposition of Christopher Gale, Esqr., Sworn on the Holy Evange- lists Saith, That John Lovick, Esqr., Deced., as he Las upon his Death Bed, about two Days before he Dyed, taking this Depon't. by the hand desired him very pressingly to assist to assist his wife in the Settlement of her Accounts, and in every thing Else that he could; (and inter alia) he then told this Depon't. that he had got his Will read over since he was Sick (which it was a lond time before then could find), And that there were some few trifling things in it which he could have wished to have altered or added, But that the principal thing in it which the depon't then appre- hended from what he had often heard him say was the giving all to his, Will was as he always intended it so that it so that it should now Stand as it was, Or words to that Import. C. GALE.
Sworn to, March the 9th., 1733.
Before: NATH. RICE, Sec.
No. CAROLINA. SC.
The Deposition of Doctor Abraham Blackall, Sworn on the Holy Evan- gelist, Saith, that he attended John Lovick, Esqr., during his ast Sickness whereof he Dyed, and that he being asked by Mr. Little a few Days before his Death if he had made his Will or Settled his affairs, Answered there is a Will but it was made a long time agoe, & Desired Mr. Little to take and Peruse it, which he accordingly did, and being asked by John Lovick his opinion of it, Mr. Little Reply'd he believed it would do well enough or words to that Effect. Whereupon Mr. Lovick, sayd there were a few Trifling things in it which he could wish were altered but that the Prin- cipal things in regard to his Wife was as he always intended and therefore he would e'ne let that Will stand as it is, and further said to his Wife, he wish'd that when she Dy'd she would Leave that Plantation he then Lived on, together with four Negroes to Thomas Lovicks Son, and that he would not add it in the Will but wish'd she would do as above mentioned.
And this Depon't further Saith, that the same day or Day after Chris- topher Gale, Esqr., came to Mr. Lovicks, with Doctor George Allcyn and heard Mr. Lovick request of Mr. Gale to aid and assist his Wife in the
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Settling her affairs and accots., & repeated what he had Determined about his Will much to the same purpose as above mentioned, and Declared it should Stand as it was. ABRAHAM BLACKALL.
Sworn to, March ye 9th., 1733.
Before: NATH. RICE, Secty.
No. CAROLINA. SC.
The Deposition of William Little, Esqr., who being duly Sworn on the holy Evangelists, Sayeth, That some Years agoe John Lovick, Esqr., now Deceased, desired this Depon't to draw his Will for him, and gave him directions for several Legacy's, and the rest of his Estate Real and Personal to give to his Wife Penelope Lovick, now his Relict, and accord- ingly, this Depon't drew the Will, wch is the same Will that has been produced and proved since the sd. Lovicks Death, as his last Will & Testa- ment, which this Depon't saw the sd. John Lovick Sign, Seal & Publish, this Depon't being one of the Witnesses, And that this Depon't at the time of making the Will & ever since apprehended that the sd. John Lo- vick's intent was to give his Lands in Fee to his Wife & so this Dept. meant it in drawing the Will tho the word heirs is Omitted.
And further, this Depon't Saith, that some time agoe about a Year as this Dep't can remember, the sd. Lovick Observed to this Depon't that the word heirs was not Incerted in the Devise to his wife in his Will, signifying he intended a Fee to her, and asked this Depon't if he thought it would, and this Depon't told the sd. Lovick, that the words all his Estate real & Personal in a will, would pass the Fee; and the said John Lovick further ask'd this Depon't upon it, Whether it would pass the Lands &c. he pur- chased after making the Will as well as before, to which this Depon't reply'd he believed it would as it was there worded; upon which the sd. Lovick seem'd satisfyed, signifying that he would have it so.
And further, this Deponent Sayeth, that in the sd. John Lovicks last Sickness, a few Days before he Dyed, this Deponent ask'd him if he had Settled his Affairs, to which he answered he had made no other Settlement but the old Will, that This Depon't Drew, and desired this Depon't to look at it & Read it over to see if it would Do, which this Depon't according- ly did. And the sd. John Lovick, ask'd this Depon't with Quickness & concern whither it would do, and if it was firm, & this Depon't. told him he thought it was Firm & Good & Excepting a few Legacys it passed all his Estate to his Wife to which the sd. John Lovick Reply'd, Ay so I would have it, there is some small Legacy's I would have altered if I had done it over again, but as the Substantial and Main part of the Will is as I would have it, It shall stand, I will not alter the Will but it shall stand as it is. And then Speaking to his Wife then present, as followeth: My Dear, I wish when you Dye, you would give this Plantation and four Negroes to Tom Lovick's Son, I Will not put it into my Will but I wish you would Do it.
And this Depon't saith, that he several times formerly he heard the sd. John Lovick, Express himself so as to Signify he intended the plantation where he Lived for John Lovick, Son of sd. Thomas Lovick, but doth not Remember he ever heard the sd. John Lovick, Esqr. so particular as to Express how much Lands he should Give him, nor does he Remember to have heard him talk about it since his purchasing the adjoyning Lands.
WILLIAM LITTLE.
Sworn to, March ye 9th., 1733.
Before: NATH RICE, Secty.
Copied from the Original Will, Filed in the Office of Secretary of State.
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EMANUEL LOW'S WILL.
IN THE NAME OF GOD, AMEN, the Second Day of the First Month in the Year of our Lord, 1726/7. I, Emanuelle Low, of the prec't of Pasquotanck, & Province of North Carolina, being Sick of Body but or perfect mind & memory, considering that it is appointed for all men once to dye, Do make & ordain this to be my Last Will & Testament, in Manner following:
1st., I bequeath my Soul to Almighty God, my maker; and my body to the Earth to be interred by me Executrix hereafter named, without any funeral pomp, only about Six of my Friends & Neighbours.
2'ly. I Give & bequeath unto my Loving Daughter, Anna Letitia Low, and to her heirs for ever, my Plantation whereon I now Live, w'th five hundred Acres of Land Adjoining to it; also, one negro Girl Called Zilpah w'th her Increase for ever; also, one bed & furniture, to her, the sd. Anna Letitia Low, and her heirs for ever.
3'ly. I give & bequeath unto my Grandson, George Low, Son of my Beloved Son, Nevil Low, Decd., and now in the Kingdom of Great Britain, the Plantation where my Cousin Robinson now Lives & the Plantation called New Abbey, with four Hundred Acres of Land adjoyning to it, to him, the Sd. George Low, & to his heirs for ever; also, one feather Bed & furniture, & one Negro boy called Pompey; also, my Seal Scutcheon of Arms.
4'ly. My Will & meaning is that either my Daughter, Anna Letitia Low, or my Grandson, George Low, they or either of their Heirs, shall be disposed to sell the Lands by me given, that the same shall be sold and disposed of to one or the other of the partyes aforesd, and to no other person or persons whatsoever.
To prevent any Dispute that may arrise after my Decease, by any pretension my Grandson may make as heir to his father, Nevil Low, to the Lands cmmonly called the Town point, Lying on the mouth of the North West side of Newbegun Creek, & now in possession of Jno. Conner; It is my Will that my Daughter Anna Letitia, her heirs or assigns shall keep in possession all ye before mentioned Legacies, w'th Lands & all other things by me bequeathed to him, ye Sd. George Low, in this my last Will, untill he renounce all Such pretensions in Such manner as the learned in the Law shall think proper: but is my sd. Grandson refuse to comply as before mentioned & offer to Molest the Sd. John Conner, his heirs or assings in his Just Right and Title of the Said Tract of Land by me Sold & conveyed to him & his heirs, Then, I Do revoke all that part of this my Will, unto my sd. Grandson, And Do give & be- queath all that Legacy, as Lands, & other things therein
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mentioned, unto my Daughter, Anna Letitia Low, and her heirs for Ever, she paying him Twenty pounds.
Item, My Will is, that all my Estate, both Real & Personal be & remaine in the possession of my Loving Wife, Ann Low, during Life, the personall Estate to be disposed of by her between my Loving Daughter, Anna Letitia Low, & my Grandson George, as shee shall think most proper.
Lastly, I appoint my Loving Wife, my whole & Sole Execu- trix of this my Last Will & Testament, to see the Same duly Executed.
In witness whereof, I have hereunto Set my hand and Seal the day and year afosd.
EMANL. Low. (seal)
Signed, Sealed & delivered in the presence of:
W. NORRIS, EDMD. GALE. CHAS. BULL.
A Codicil:
IN THE NAME OF GOD AMEN, The last Will of the afsd. Emanl. Low as follows: Whereas in the former Words of my Will was omitted my Intentions about my Grandson, George Low, therefore to prevent Disputes, My Will is that my Grand- son, George Low, Shall not Enjoy the Legacy by me given untill he come to the age of Twenty one Years & in the mean time to continue in the Hands of my Executrix.
Item, I give unto Johanna Pearce, five pounds.
In Testimony whereof, I have hereunto Set my hand & Seal this 8th. Day of March, 1726/7.
EMANL. Low (Seal)
Test. WHORRIS JOSEPH JORDAN. FILECHRISP JORDAN. A Codicil:
Item, Whereas, in my last will & Testament, I appointed my loveing Wife my sole Executrix, I doe now no ways to Ab- brogate or make Voyde any part of my sd. Sill, but Joine my Daughter, Anna Letitia Low, Executrix, with my loveing wife Ann Low, to See this my Last Will & Testament duly Executed.
Item, Whereas, I am administrat'r to Wm. Vaughn, Decd. I do appoint my said Executrixes to be Executrix's or adminis- tratr'xs, giving and bequeathing to my Sd. Executrixs all my right or interest in and to my Sd. Administratorships.
In testimony whereof I have hereunto Sett my Hand and Seal, this 20th. day of Febry. 1726/7.
EMANL. Low. (Seal)
Test: JOHN CONNER, JOSHUA SCOTT. her JOHANNA X PEARCE mark.
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NORTH CAROLINA WILLS.
PASQUOTANK PR'CT, COURT. July 18, 1727.
The Two foregoing Codicile annexed to this Will was proved ye first by the solemn affirmation of Mrs. Filia Chrish Jordan, one of the Evidences thereunto. The other by ye like solemn affirmation of Joanna Pearce, one of ye Evidences thereunto, who likewise attested that she Saw the other Evidences Sign thereunto.
Test. THO: WEEKS, CI. Cur.
PASQUOTANCK. Sc.
These are to certify, that on this 24th Day of July, 1727, personally came before me Mrs. Anna Low and Anna Letitia Low, Execxs. to the above Will and made their Solemn affirmation to the performance thereof. Certifyed Pr. Me, JNO PALIN.
No. CAROLINA. Sc.
The above Will was proved in due Form by the Oath of Edmond Gale, Esqr., one of the Evidences, Augt. ye 2d. 1727. Before Me, RICHARD EVERARD.
Recorded in Will Book 3, page 156.
ROGER MASON'S WILL.
NORTH CAROLINA, HYDE COUNTY.
IN THE NAME OF GOD AMEN. I, Roger mason, Sr. being Sick and Week of body, but of perfect mind and memory, Thanks be to God for the same, and knowing that it is ap- pointed for all men once to Die, first, I Recommend my Soull to God that Gave it me, and my body to be Buried in a Christian Like manner at the Discresion of my Executors hereafter named, first of all, I Give and Bequeath what the Lord hath been pleased in his Infinate marcy to bestow on me of worldly afairs, I Give and Bequeath as followeth.
Item, I Lend my loving wife, mary mason, the use of half my Estate, after the Legaces is paid out, During hur Natural life, and Then to be Equally Divided between my two Sons Benja. mason and Thos. mason. I Likewise Lend hur the use of half my house and plantation During her natural Life and no Longer, and then as follows:
Item, I give to my Grand Son, Christopher mason, one two year old heffer to be in Benja. possession tell he Comes of age Item, I Give to my Son, Benjamin mason, all Gailars ham- mocks, and the upper old feild and all that Belongs to it.
Item, I give to my two Sons, Benjamin mason and Thos. mason, all my working tools, and wearing apperill, and negro Boston, to be Equeally Divided Between them.
Item, I give to John Mason and Roger Mason, my two Sons, one Shilling Starling apeace and they therewith to be Content.
Item, I give to my Grand son Roger mason, Jur., my now Dwelling place, if he Lives to the age of twenty two years old, and if he the sd. Roger should Diee before he Comes to the above age, I give it to my Grand Son, David Mason, only my
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my wife is to have the use of one half During her naturell Life, and to be in my Son, Benjamin Possession tell ther Come to that age.
Item, I give to Thos. mason, my Son, all my Land up Roes Down to the Great Bridges.
Item, I give to my Grand Son, David mason, one peace of Land Caulled the paupoy Ridge, and if my Grand Son Should Die, Roger mason before he Comes of twenty two years old I give the Said Peace of Land Caulled the paupoy Ridge to my Grandson, Samuel mason.
Item, I give to my Grand Son, moses mason, twenty five acars of Land Joyning on his plantation his father Left him, as is marked out by a Line of trees.
Item, I give to my Grand Son, Roger Mason, two Cowes and Calves, and one bed and Covering to it, to be in my Son Ben- jamin mason possession tell he Comes to the age of twenty two years old; and Eighteen months Schooling.
Item, I give to my Grand Daughter, Susannah mason, twelve months Schooling.
Item, I give to my two Sons, Benjamin and Thomas masons, one half of my estate after the Lagaces is paid out, to be Equally Divided Between them.
I Lastly, Ordain, Constitute and apoint my two Sons, Benjamin Mason, and Thomas Mason, my whole Executors of this my Last Will and Testament, Disalowing and Dis- anulling and Revoking all former Wills by me Before made, and this to Stand and Remain my Last Will and testament.
as witness whereof I have hereunto Sott my hand and Seall this 23th Day Decer. 1754.
ROGER MASON. (Seal)
Signed, Sealled and Delivered in the presence of us to be the Last will and testament of the testator.
JOHN TULE. her JEAN X TULE. mark JACOB TULE.
HYDE COUNTY, SS.
June Court, 1756.
This may Certifie that the Within Last Will and Testament of Roger Mason, Esqr., of the said County, Decd., was Exhibited to the said Court by Benjamin Mason and Thomas Mason, Exors. of the Within, and proved by the Oaths of John Tuley and Jacob Tuley, who Deposed they saw Jane Tuley Set her Mark as Testamoney as Such; and at the Same time the said Benjamin Mason and Thomas Mason, who are Exors., took the Exors. Oath as is by Law Appointed. Ordered that Mr Secretary have Notice thereof.
Veria Copia Pr. STEPHEN DENNING, Cle: Cur:
Copied from Original Will, filed in the Office of Secretary of State.
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JOHN MAULE'S WILL.
NORTH CAROLINA.
IN THE NAME OF GOD AMEN. I, John Maule, of Beaufort County and Province aforesaid, being in a very poor state of Health but of sound & perfect mind & memory, Do make this my last will and Testament in manner & form following, to- Wit: After my decease my Body to be Decently Inter'd at the Discretion of my Executors hereafter mentioned; my just Debts and funeral Expenses to be paid out of my Estate, and the Remainder part of my Estate I Dispose of as follows:
Imprimis, I lend the use of the mannor plantation Whereon I now Live, to my beloved Wife, Elizabeth Maule, with all the Land belonging to the same, which was Given to me by my father, Patrick Maule, Dureing that time that she shall and will continue thereon, and after her Death or Removal from of the said plantation, I give & bequeath the said plantation and Land, to my Son, Moses Maule, to him & his heirs Law- fully begotten for Ever.
I likewise give to my wife aforesd., seven Negroes, whose names are as followeth: Donas, Tom, Cesar, Farewell, Hannah, Venus, and Bess. I likewise give her all my household furni- ture, and all my stock of Cattle, Except twenty cows & Calves w'ch is to be disposed of in manner hereafter first mentioned.
I likewise give her all my stock of hogs and sheep, and two horses, Jack and lightfoot, to her and her heirs for Ever.
Item, I give further to my son, Moses Maule, six Negroes named as followeth: Adam, Harry, Jem, Crees, Little and Phillis; I likewise Give him all my Right & titles to my mill on Blounts Creek, likewise, all the Land that was given to me by my Father, Patrick Maule, which Joyens the Said mill, Except the pine timber on two hundred Acres of Land that joynes walter Evetts line; and my Will is that my Executors shall make John Neal a Deed for sd Land; I also give him 4 cows and Calves.
Item, I give to my Daughter, Elizabeth Maule, my Quarter Plantation and Lands thereunto belonging, which I bought of Moses Nevil, to her and the Heirs of her body for ever. I likewise give her the the following Negros: Frinkalo, gabe, Binah, Beck, Abigal, and Doll; also four cows & Calves, to her and her Heirs for Ever.
Item, I give to my Daughter, Anne, one piece of Land with the Plantation that I bought of John Nevil, and also one Tract of Land which I purchased of William Morris and Katherine, his wife, containing 400 Acres, to her and the Heirs of her body for Ever; also, the folowing Negros, Ben, Asia, Sandy, Ede, & Celia; and also four cows and calves, to her and her Heirs for Ever.
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Item, I give to my Daughter, Penelope, the lands I pur- chased of Susanna Waggonner, Containing 640 Acres, lying on Blounts creek, and also 250 Acres joyning Wm. Morris's Land, to her and the Heirs of her body for Ever. Also the following Negros, Quamans, Nel, Kate, Sid, & Dorcas; also four Cows and calves, to her and her Heirs for Ever.
Item, I give to my Daughter, Jemima, 220 Acres lying on the head of Blounts Creek wch. I purchased of Benjamin Fathree; Also a tract of Land lying on Nevels Creek which I bought of Jacob Giddings lying on Nevils Creek, and two hun- dred & thirty Acres of Land lying in Pitt County, to her and her heirs for Ever; also the following Negros, Pegg, Tony, Lit- tle Ben, Little Hannah, Rose and Kate, also four Cows & calves, to her and her Heirs for Ever.
My Will is further that my Executors cause to be finished my new house as soon as they conveniently can, and that they collect the Debts Due to me as soon as they can, and that they sell my half of a Schooner belonging to me and Capt. Seth Doane, and the money arrising therefrom, together with my ready money, be put to Interest, and also the money arrising out of the several Legacys given to my Children, Except so much as shall be necessary to Educate and Support them, till they receive their Estate, w'ch shall be at the age of twenty one years or marriage.
I further will, that if any of my before named Children shall die in their minority, or before they receieve their for- tunes, that then their fortune shall be Equally Divided be- tween the Surviving ones, and Likewise the Increase of all the negros given to them, shall be Equally Divided amongst them as they come to the Age of twenty one Years or married as aforesaid; and also, all the remainder of my Estate not men- tioned shall be Devided in the same manner, lands only Ex- cepted.
Lastly, I nominate and appoint my Beloved Brother in Law, Moses Hare, my beloved and faithful friends, John Patten, Reading Blount, Junr., and Joseph Blount, all of the County aforesaid, to be my Executors of this my last Will and Testament and and I hereby Revoke all former Wills made by me.
In Witness whereof, I have hereunto set my hand and Seal, this 11th. day of December, in the Year of our Lord, one thou- sand, Seven hundred and Seventy three.
JOHN MAULE (Seal)
Signed, Sealed, Published and Declared, in the presence of: WILLIAM GERRARD. FORBIS GERRARD. his JOHN X NEVIL mark.
-
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The above last Will and Testament of John Maule, deceased, was proved before me this 16th. day of Febr'y, 1774, by the Oath of John Nevil, one of the subscribing Witnesses thereto, who swore that he was present and did see the said Testator, sign, seal, publish and declare the same to be and contain his last will and Testament, and that at the time thereof he was of sound and disposing Mind and Memory; and Moses Hare, John Patten, Reading Blount, Junr., & Joseph Blount, the Executors in the said Will named, having qualified agreeable to Law, It is Ordered that letters Testamentary issue thereon accordingly.
Jo. MARTIN.
Copied from Original Will, Filed in the Office of the Secretary of State.
PATRICK MAULE'S WILL.
NORTH CAROLINA, BEAFORD PRECINCT.
IN THE NAME OF GOD AMEN. I, Patrick Maule, of Bath County, Gent., being in my Right Senses do make this my last will & testament, in manner & form following:
I give to my loving wife, Elizabeth Maule, & to her Assigns for Ever, the following Negroes, Vizt: Angus, Hannah, Affrica, Robin, & London, to be delivered after the tar kilns are off & the Crop finished; also, I give unto her the houshold furni- ture, Except the Eating Spoon & five Silver teaspoons. I give to my wife aforesd., fifteen cows, their calves, ten four year old Steers, & two third parts of the hogs on my Plantation at Rumney Marsh, also the young horse, the foregoing to be delivered after my Interment. And further, I leave my Plantation at Rumney Marsh to my wife during her Natural Life, with a dwelling house to be built for her by my Execu- tors, twenty foot long & Sixteen foot wide; Also, I give unto my sd. wife full priviledge for making tar & Turpintine of my land on Jacks Creek during her Natural Life.
I give & bequeath to my Son, John Maule, his heirs & as- signs forever, the following Slaves, Vizt: Cazar, Farewell, Bina, Tom Richards, Young Hannah. I give & bequeath to my Son, John aforesd., my Lands at Smiths point, also my lands at Blunts Creek, also my Saved lot in Bath town, all to him & to his heirs forever. Also, I give & bequeath to my Son, John aforesd., two hundred Acres of Land Adjacent to Roger Kenyons Plantation, to him & his heirs for Ever. I give to my son John, fifteen cows, their calves, at Blunts Creek, with their Increase.
I give to my daughter, Sarah Maule, the following Slaves Vizt: Elleck, great Tom, Peg, Andrew, & Kope; Also I give & bequeath to my daughter aforesd. & to her heirs for Ever, my Land at Tranters Creek, also fifteen Cows & Calves with their Increase.
I give & bequeath to my daughter, Barbara Maule, the fol- lowing Slaves, Vizt: Chancellor, Jenny, Bess & Nanny; Also,
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I give & bequeath unto my sd. daughter my land on Match- apunga Swamp, as also, I give my sd. daughter, my plantation at Rumney Marsh; also fifteen Cows & Calves with their Increase, the lands aforesd. I give to her & her heirs for Ever.
I give & bequeath to my daughter, Mary Maule, the follow- ing Slaves, Vizt: Hector, Sue, Mustapha, & Dick; also, I give to my sd. daughter, Mary, & her heirs for Ever my Lands on North Dividing Creeks; also my lands on Jacks Creek, also I give her fifteen Cows & Calves with their Increase.
And as to Lands or any other goods or Chattles not allready disposed of, I will it, or they, be Equally devided among my Said Children, and as to the Legacies & fortunes aforesd. they are all payable at the day of Marriage or age of twenty one years; Also, If any young Negroes shall be born, they shall be Equally divided among the Children aforesd. And I further will, that after the marriage of sd. Children they shall not be Entitled to any Increase of Slaves hapening by births of Ne- groes belonging to the other Children, Except in Case of Mortallity.
And I further will, that if any of the Children aforesd. dye before Marriage or Age of twenty one years, I then will that their fortuns be Equally divided Among the Surviving Chil- dren.
I will that my loving Cusens, John Gray & William Gray, be Guardians of my Children during their Minority, & have then Carefully Educated to best Advantage.
Lastly, I nominate & Appoint my beloved Friends, Mr. John Gray, Mr. William Gray, Mr. John Caldom & Mr. Robert Boyd, to be my Executors of this my last will & testa- ment, & I hereby revoke all former wills by me made.
In witness whereof, I have hereunto put my hand & Seal, this Ninteenth day of April, one thousand, Seven hundred & thirty Six.
PAT. MAULE. (Seal)
Sign'd, Seal'd, Publish'd, & Declared in Presence of:
BART. FLEMING. her ELIZABETH E MONTGOMERY, mark. NEHEMIAH MONK.
The Last Will and Testament of Patt. Maule, Deceased, was proved in Open Court, by the Oaths of Barnabas Fleming & Nehemiah Monk, Two of the Subscribing Evidences thereto. Ordered yt. Mr. Secretary have Notice Thereof.
Robt. Boyd, one of the Exors. therein mentioned having taken the Oath by Law Appointed.
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