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 3
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NORTH CAROLINA WILLS.
Sanderson one feather Bed and furniture and one Mare, and Six head of Sheep, also one iron pot & one iron Kittle, with Sundry other things of small Value in her own Possession already deliver'd to her Since her Marriage.
Item. I Give to my Daughter Eliza: Sandersons Son John Sanderson, the first Child that my Negro Woman joan shall bring after the date of this writing to him and his Heirs for erve.
Item. I Give to my son Asa Barclift one hundred & Twenty five Acres of Land out of the Tract whereon I now live, Begin- ning at the head of the Line & running towards the River along Joshua Maudlins line as far as the Bridge & then up the Branch as far as is Required to make out the Hundred & Twenty five Acres holding its breadth out to the head of the Land, to him & his Heirs lawfully begotten for ever; and in Case he should Die without Heir my Will is that my Son Demson Barclift & his Heirs Lawfully begotten shall Possess & Enjoy the sd Land. I also give to my son Asa Barclift one Negro Boy Called Mosey, also one negro boy Called Luke, also one Negro Girl Called Dina, to him and his heirs for ever; Also I give my son Asa one Flax hacke.
Item. I Give to my Son Demson Barclift the remaining Part of the Plantation & Land whereon I now live to him and his heirs Lawfully begotten for ever; and in Case he should Die without Heir my Will is that my son Asa Barclift and his heirs shall Possess and enjoy the sd. Land. I also give to my Son Demson Barclift one Negro Boy Called Sampson, also one negro Girl Called Grace, also one Negro Boy Called Robin, to him and his Heirs for ever; I also give to my son Demson Barclift one Large Bible, also one young Mare, also one yoke of Stears, also one feather Bed and furniture, also one case with 15 Bottles, also one Plough Chan, also one iron Pot, also one small Gun, also my Shoemakers Tools, also one large looking- Glass and one Dozon of Chairs after my Wife's Decease.
Item. I Give to my Son Benjamin Barclift the upper part of my Land at the mark-Poplar on the North Side of the Road, beginning just above the high rooted Beach Branch at a Beach, then running a Straight Course to the Corner Trees of Frances Layden & Peter Cartwright, being an Elm & a White Oak standing about 5 or 6 Steps apart then running along Peter Cartwrights line to the Road then Down the Road to the first Station, to him & his heirs Lawfully Begotten for ever: and in Case he should Die without Heir my Will is that my Son Noah Barclift and his Heirs shall Possess and Enjoy the sd. Land; I also give to my son Benja. Barclift one Negro Boy Called Dick, also one Negro Girl called Nan, also one Negro Boy called Isaac, to him & his heirs for ever: I also give to my son Benja. Barclift one Still, one 12 Bottle Case, also one feather Bed & furniture, also one young Mare, also a Set of
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NORTH CAROLINA WILLS.
Shoe-makers Tools, also one Pr. of Pot-trammels, also one Pr. of Shell-mill-Stones & one Plough Chain, also one small Gun.
Item. I Give to my son John Barclift part of my Land at the mark Poplar lying on the South Side of the Road begining at a Red Oak, Standing in the bottom of the high-rooted- Beach-Branch, then running Down the Branch to the Creek, then down Pruze Creek to a point Called Aarons point then up Batemans Creek to Batemans line, then along Batemans line to the Road, then down the Road to the first Station; to him & his Heirs Lawfully begotten for ever; & in case he Should Die without Heir, my will is that the sd. Land be Equally divided between my two Sons Benjamin and Noah; I also give to my son John Barclift one Negro Girl called Tamar, also I give my son Jno. Barclift one Negro Boy Called jo, also one Negro Girl Called Doll, to him and his Heirs for ever; also one feather Bed and furniture; also one Gold-ring, one Young mare and one Pr. of Pot Trammels.
Item. I give to my son Noah Barclift all the remaining part of my Land at the Mark-Poplar (not heretofore given,) to him and his Heirs for Ever and in Case he should Die with- out Heir my Will is that my Son Benjamin & his Heirs shall Possess and enjoy the sd. Land; I also give to my Son Noah Barclift one Negro boy Called George, also one Negro Girl Called Pleasant, also one Negro Girl Called Rose. I also give to my son Noah Barclift one Silver Cup after my Wife's Decease.
Item. I Give to my Daughter Mary Barclift one Negro Girl Called Esther, one Negro Boy Called Anthony, and one Negro Girl Called Judah, to her and her Heirs for ever; also one warming pan, also one Feather Bed and furniture after my Wife's Decease-being the Bed that I gave the use of to my wife.
Item. my Will & Desire is that my iron-tooth drag be for the use of all my sons, and the longest liver to keep it.
Item. My will and Desire is that my three Negro Women (that is to say) Hagar, Ruth, and Moll, and their increase, also the Increase of my Negro Woman Joan that is not already given, be Equally Divided amongst my five Sons & Daughter Mary, when the youngest of them comes to age.
Item. I Give to my son Asa Barclift one Negro woman Called Joan after my wife's Decease, she having the Labour of her during her Life.
Item. I Give to my son Noah Barclift one Negro man Called Tom after my wife's Decease, she having the Labour of him during her Life.
Item. My Will and desire is that my negro man Peter be sold at the discretion of my Executors and the Money arising be apply'd towards paying Debts and Charges, & also I desire
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NORTH CAROLINA WILLS.
that such a part of my Estate as my Excrs shall think Perish- able may likewise be sold & the money apply'd as aforesaid.
Item. My Will is that after my Wife's Decease all that I have given her the use of (Except what I have already Dis- posed of) may be Equally Divided Amongst my five Sons & Daughter Mary.
Item. My Will and Desire is that all the remaining part of my Estate not already given, together with the overplush of the money arising by the Sale of any of my Estate (if any there be) be Equally divided between my wife and Six Children, that is to say, Demson, Benjamin, John, Asa, Noah, and Mary as they come to Age.
And I do hereby nominate, Constitute & Appoint Samll. Sutton & Thomas Stevenson, to be my whole & Sole Executors of this my last will and Testament and I do hereby utterly disallow, revoke and Disannul all and every former Testa- ments, Wills, Legacies, Bequests and Excrs. by me in any way before named, Willed, and Bequeathed: Ratifying and Con- firming this and no other to be my last Will and Testament.
In Witness whereof I have hereunto set my hand & Seal the day and year above Written.
JOSEPH BARCLIFT (Seal).
Signed, Sealed, Published, Pro- nounced and Declared by the sd. Jno. Barclift as his last Will and Testament In Presence of
JAMES GIBSON, Jurat, SAMLL. BARCLIFT, Jurat, MATHIAS JOHNSON, Jurat.
No. CAROLINA, PERQMS. COUNTY. July Court, Anno Dom. 1759.
Present his Majestys Justices, & This Certifies that James Gibson & Samll. Barclift, two of the Subscribing Evidences to the within will, appeard In Court and made Oath that they were Present and Saw John Barclift Sign, Seale, Publish & Declare the within to Be and Containe his Last will and Testament and that they also saw Mathias Jonston Sign his Name thereto at the same time. Then allso appd. Samuel Sutton & Thomas Stevenson Executors In Court, take & took the Excrs oath In Due form of Law.
Ordered that the Hon. Richd. Spaight, Esqr., Secrtry of this Province have notice thereof that Lettrs. Testamentary Issue thereon as the Law Directs, &c.
(Test) MILES HARVEY, Clk cr.
Copied from Original Will filed in the office of the Secretary of State.
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NORTH CAROLINA WILLS.
WILLIAM BARROW'S WILL.
IN THE NAME OF GOD AMEN, I, William Barrow, of ye pre- cinct of Hide, in ye County of Bath, in ye Prove. of North Carolina, being Sick & weak of Body but of sound and perfect mind & memory and Calling to mind ye Certainety of Death and not knowing when it may pleas ye Lord to Call mee out of this life do make and ordaine & appoynt this my last Will and Testament, in maner and forme following:
Imp: I give, devise & bequeath to my three Sons, William, John & Richard Barrow, my Plantation whereon I now live, Containing ffouerteen hundred Acres of land more or les, to be Equally devided between my afsd. three Sons, that is my Eldest Son William Barrow to have ye maner Plantation whereon I now live after my Wifes Dec: to be held of them & Every of them their heirs and assignes in fee simple for ever.
Itm. I give devise & bequeath to my Other three Sons, Samuel, Joseph and James Barrow, all my Tract of Land lying & being upon Broad Creeke Containeing one Thousand Acres of land more or les, to be Equally devided between my sd. three Sons namd: Samuel, Joseph & Jams. Barrow to be held of them, their heirs & assignes Severally, In fee simple for ever.
Itm. I give and bequeath to my Son, William Barrow, all and every part of my Smithe tools, and my longest Gun or fouleing peace to be at his disposall when he shall attaine to ye: age of one & twenty years.
Itm. I give and bequeath to my Son, John, all & Every part of my Coopers tooles, and my Shortest gun to be at his disposall when he shall attaine to ye age of twenty one years.
Itm. All the rest & residue of my Estate over & above ye legasies before given So Comeing & remaineing boath personall & reall, the one third part of which so riseing I give to my Loveing wife Eliz. Barrow, and ye remaineing part after her full one third part so taken oute I give & bequeath to my six Sons before named & to my two Daughrs Ann & Sarah Barrow to be Equally Divided among my sd. Six Sons & two Daughs. to be at their disposall, that in my sd. Six Sons afsd. as they shall respectively attaine to ye age of twenty one years & my two Daughs: to have at ye age of Eighteen Years or ye day of marriage.
Itm. My Will & desire is that my Lov. Wife, Eliz. Barrow, have the use and ocquepation of my plantation whereon I now live together with all houeses, orchards & all other Conven- iances there unto belonging with oute Molestation or Incum- brance dureing her naturall life and after her dec: then to my son, William Barrow, his heirs for ever more as afsd. that is, my wili. & desire is that my sd. three Sons, William, John and Richard Barrow, Shall not be hendered or debarred fron Seat-
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NORTH CAROLINA WILLS.
ing on Conveniant parts of ye sd. Lands so given them when they shall attain Respectively to ye age of twenty one Years.
Itm. I doe appoynt my Loveing wife, Eliz. Barrow, and my Son, William, to be Joynt Execs. of this my last will & Testament as witness my hand & Seal this 8th. Day of Jan'ry, 1715.
THOS. BONNER, THO. MARTIN, JNO. PORTER.
W. BARROW. (Seal)
This may Certifye That on the 23d.
Day of Octo., 1716. The above written will was proved by the Oath off John Porter.
before me,
GALE, Ch: Just.
Eliz. Barrow one of Exrs. within & above mencond took the Oath for prformance of ye before written will in presence of :
GALE, Ch: Just
Copied from Original Will filed in Office of the Secretary of State.
EDWARD BATCHELOR'S WILL.
IN THE NAME OF GOD AMEN. I, Edward Batchelor, of the Town of New-Bern, in the State of North Carolina, being Sick, and weak in Body, but of Sound Mind, memory and under- standing, do make and publish this my last Will and Testa- ment in manner and form following, to wit: first I recommend my Soul into the Hands of almighty God; and my Body I commit to the Earth to be decently buried at the Discretion of my Executors hereafter Named; and as touching the Dis- position of all my temporal Estate, I give & Dispose thereof as followeth:
Imprimis. I Will that my Debts and funeral Charges shall be paid and Discharged.
I give and bequeath unto my well beloved Wife, Francis Batchelor, all my household Furniture plate and every Article of Kichen Furniture &c; I also give and bequeath unto my Said Wife one Negro Wench named Cordera, and a negro man Named Frank for and During her natural Life and after her Decease my Will is the Negro Wench Corderia shall go to my Daughter Elizabeth and the Negro Frank shall go to my Son John to him and their Heirs and assines.
I also give to my eldest Daughter, Elizabeth, the increase of the above mentioned Negro Wench Cordera in case She has Children; and my Gold Watch.
I also give and bequeath unto my Son, John Batchelor, a Tract of Lying on Susquehanna in Pensilvania, and my wear- ing apparel.
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I also give and bequeath unto my Son, Edward Batchelor, a negro Boy named Moody, and also my Stock Buckel and Sleve Buttons.
I also give and bequeath unto my Daughter, Frances Batch- elor, a negro Wench and child, the Wench Named Judah and her Increase & that my estate to be charged for these two Negros, and Credit given the Partnership of Assheton & Batche- lor for the Value of them when they came into the Country.
It is my Will and Desire that my good friend, Thomas Asshe- ton, shall have the Management and is Impowerd hereby, to Receive all Debts due and Owing to me on my private account in Pensylvania and the Jerseys for the use of my private account and family, and that if my Said Thomas Assheton should Die before such Settlement is finished that then and for the Same purpose, I do hereby apoint my Good friend, John Chevilear, Esquire, to do the Bussiness for the purposes aforesaid.
And it is my Will and Desire that as soon as it may be con- venient after After my Decease, that the Accounts of the Partnership of Assheton & Batchelor may be Generally Settled, and for that purpose all the Goods on Hand, and Negros, the following Vessels in which the partnership of Assheton and Batchelor is concerned with other people in Interest of Vessels and Cargo, Vizt: one half of the Sloop Betsey in partnership with Seamore Hood; One quarter of the Schooner Called the Patrick Henry, in partnership with Stacey Hebum & Seamore Hood; One Sixth part of the Sloop Lydia, in company with Jno. Wright Stanly & others. Those Vessels being now on their Voyages at Sea to be Sold on their Return, that is to say, that part of the Said Vessels & Cargoes which is above Men- tioned belonging to the Comp' of Assheton & Batchelor. Three Quarters of the Ship Called Harmony Hall, now lying in the Harbour of New Bern with a Cargo on Board bound to France, whereof John Darcius is One Quarter Owner, who was to get the Said Ship Insured at Charles Town, if so, I would not have Our part Sold untill she has made the Voyage and returned, But if the Insurance Shou'd not be made, I do in that Case Will & require that the three Quarters of the Said Ship belong- in to the partnership of Assheton & Batchelor may be Sold immediately after my Decease before the Voyage is made. The new Ship Called the Harriot, now lying at my warf, also a small Sloop called the Dolphin, and the Schooner Called the . Lively, now lying in the Dock at my Wharf, all belonging the partnership of Assheton & Batchelor, my desire is that those three last Mentioned Vessels be also Sold for the Account of the Said Partnership. And my Will and Desire is that the Concerns of the Partnership of Assheton and Batchelor may be as Soon as convenient Generally and finally Settled, and that
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NORTH CAROLINA WILLS.
After the partnerships Debts are paid and Satisfied the Amount of My Share of the Stock in trade my Will and Desire is that the Same bed is posed of in the following manner, that is to say:
I give and bequeath unto my well beloved Wife, Francis Batchelor, fifteen hundred pounds, to be paid unto her After the Settlement is made by my Executors.
I also give and bequeath to each of my Children the like Sum of fifteen hundred pounds each, to be put out at Interest untill the Boyes Shall arive to the Age of Twenty one, and the Girls to the Age of eighteen years old, and do appoint my well beloved wife Guardein to my Said Children, with the Advice of my Executors. And it is my Will and desire that if After a Settlement of Partnerships Concerns there Shou'd remain more money then is required to pay the sum of fifteen hundred pounds to my wife and the like Sum to each of my Children according to the above bequists, that then the Overplus be equally devided between my wife and Children. And if my Interest Shou'd fall Short of the Sum of fifteen Hundred pounds each, then each of them to have as much less in proportion so that what they are to receive may be equal to each. And it is my Will & request that my children be kept at school and that they may Virtuously brought up in the Fear of God, and the Inter- est of the money shall be applied to Defray the expence of Education; And it is my further Will and Desire that if any of my Children shou'd Die before they arive at age that then their part of money &c., shall be Equally Devided among the Survivors.
I also give and bequeth unto my Beloved wife, my Horse and two Chairs, Harness, Saddle, &c., to her only Sole use, benefit & behoof and also all the Rest and Residue and remain- der of my Worldly Goods and effects whatsoever I give devise and bequeath unto my Said Wife.
And I hereby Nominate and Appoint my good friends Thomas Assheton of Philadelphia, Dr. Thos. Hasline of New Bern, & Frances Batchelor my Wife, Executors and Executrix of this my last Will and Testament hereby revoking all former Will and Wills by me heretofore made.
In Witness whereof I have hereunto Sett my hand & Seal this-day of November, 1777.
Signed, Sealed, published and Declared by the Above Named Edward Batchelor as and for his last Will & Testament in the pres- ence of us who have hereunto Subscribed Our Names as Wit- nesses thereto, and in the presence of each other:
(Seal.)
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N. B. The Words interlined, between the Tenth and Eleventh Lines & to the end of that paragraph (for and during her Natural life and after her Decease my Will is the negro Wench Corderia shall go to my Daughter, Elizabeth; and the negro Frank shall go to my Son John to them their Heirs and Assignes) were entered so before Signing & other words Inter- lined, to wit: My, her,
NORTH CAROLINA, CRAVEN COUNTY SS.
This day about Seven o'Clock after noon, personally appeared before me, Joseph Leech, one of the Justices for said County, Richard Cogdell, Esqr., Who being Sworn on the Holy Evangelists Declareth, that on tuesday the twenty first, Instant, November, a Messenger came and told him Mr. Batchellor was very Ill and desired to See him, that he went to Mr. Edward Batchelor's, who sayed he had Been for some time very Sick and in a bad State of health, and was desirous of making his Will and wanted the favour of his assistance to do it. In Compliance thereto said Cogdell took down in writing several Instructions from said Mr. Batchelor about the Same and after having prepared the same, the next day waited on Mr. Batchelor with it, and read it to him, with which he approved, and then gave him some further directions for finishing and compleating his said Will, all but the naming of an Executor, which he desired him to Leave a Blank for, as he had not spoken to the person he wanted to nominate, which said further directions said Cogdell also took down in writing, and the next morning, which was yesterday morning, he finished the said Will according to Mr. Batchelor's directions as above mentioned, and Carried it to him and read it, all of which he the said Mr. Batchelor approved off, but desired him to call again in the Evening, to fill up the blanks for the Executor, as he had not yet spoke to the person he wanted to ask, and then to have the Will Executed, Which the said Cogdell accordingly did, but finding him asleep, did not care to have him disturbed, but went the next morning again, which was this morning about ten or Eleven o'Clock, with the Said Will What is the Will hereto annexed, and which is the Will he drew from the said Mr. Edward Batchellors own Instructions and read to said Batchellor which he approved off as his Last Will and Testament, and then desired him to fill up the blank for the Executor with the name of Doctor Thomas Haslen as one of his Executors, which he did. And the said Batchellor was afterwards in the afternoon twice raised up in the bed to Sign it, but being taken with Such violent pains could not Set up Long Enough to do it, and about five o'Clock this afternoon died away, to all appearance in Sound Mind and perfect Sences, and further this deponant Sayeth not.
RD. COGDELL.
Newbern, November 27, 1777. Sworn to Before me:
JOSEPH LEECH, J. P.
NORTH CAROLINA, CRAVEN COUNTY. SS.
This day about Seven o'Clock after noon, also Personally Appeared before me, Joseph Leech, one of the Justices for said County, Mr. Michael Gorman, who being Sworn on the Holy Evangelists Declareth that he well knows that Richard Cogdell, Esqr., attended every day at Mr. Edward Batchellor's for several days before he died for the purpose of drawing his Will, and that he this Deponant, with Mr. John Flynn, were both called up between five and Six o'Clock this afternoon to Mr. Batchelor's room where he was Laying sick to be Evidences to his Signing his Will, and that the Said Batchelor was twice Lifted up in his bed to Sign it but was taken with Such violent pains he could not keep up Long Enough and died away before he could Sign it, Seemingly to him in Sound Mind and perfect Sences, and that the Will hereto annexed is the Same Will that Richard
3
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NORTH CAROLINA WILLS.
Cogdell, Esq., had in his hand which Mr. Batchelor was then going to Sign which they were called to Evidence and further this deponant Sayeth not.
Newbern, November 27th., 1777. Sworn to before me, JOSEPH LEECH, J. P.
MICHL. GORMAN.
NORTH CAROLINA, CRAVEN COUNTY. SS
This day also, about Seven o'Clock after noon, Personally appeared before me, Joseph Leech, one of the Justices for the Said County, Mr. John Flynn, Who being Sworn on the Holy Evangelists Declareth, that on tuesday morn the twenty fifth Instant November, Mr. Edward Batchelor of Newbern, Merchant, Since deceased, Sent him to Richard Cogdell, Esqr., for the purpose of desiring him to Come to draw his Will for him, which Mr. Cogdell did and hath been every day Since at Mr. Batchelors about the Same, and that this afternoon between five and Six o'Clock he and Mr. Michael Gorman were both called up to the room where Mr. Batchelor Lay Sick to be Evidences with Richard Cogdell Esqr to the said Will which Said Cogdell then held in his hand and which Mr. Batchelor was twice raised up to Sign, but was seized with such violent pains that he could set up to sign it, and then Soon after died away, Seemingly to him in his Sound Mind and perfect memory, and that the Will hereto annexed is the Will Mr. Cogdell then held in his hand which Mr. Batchelor was then going to Sign and further this Deponant Sayeth not.
JOHN FLYNN.
Newbern, November 27th., 1777.
Sworn to before me,
JOSEPH LEECH, J. P.
STATE OF NORTH CAROLINA, NEW BERN, 4th., December, 1777.
Personally appeared before me, Richd. Caswell, Esqr., Governor & Commander in Chief of the said State, Richard Cogdell, John Flynn and Michael Gorman, and being sworn upon the Holy evangelists, Severally declared that the foregoing affidavits by them respectively made before Joseph Leech, Esqr., and Certified by him and Signed by the said Richd. Cogdell, John Flynn and Michael Gorman, are true, that is to say, each of the said Witnesses declare that the affidavit signed by himself is true.
At the Same Time Doctor Thomas Haslen and Mrs. Frances Batchelor appeared and Qualified as Executor & Executrix to the said Last Will & Testament by takeing the Usual Oath before me. Of the premisses the Secretary is required to take Notice and issue Letters Testamentary Accordingly.
RD. CASWELL.
Copied from Original Will filed in Office of the Secretary of State.
HENRY LAWRENCE BATE'S WILL.
IN THE NAME OF GOD AMEN, the Twelf day of may, 1740. I, Henry Lawrence Bate, being very sick & weak in Body, but of Perfect mind & memory, Thanks be given Unto God, There- fore Calling Unto mind The mortality of my Body & Knowing That it is appointed for all men once to die, do make & Ordain This my Last will & Testament: That is to say,
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Principally & first of all, I give & recommend my soul Into The hands of God that gave it; and my Body I recommend to The Earth, to be buried In decent Christian Burial at the discretion of my Executors, Nothing doubting but at the gen- erall resruection I shall receive the same again by the Mighty Powers of God; And as Touching such worldly Estate where- with it hath Pleased God to bless me In this Life I Give demise & Dispose of the same In the following manner & form.
Imprimis. I Give & bequeath to my Loving son, Augustine Bate, my Lands & Plantation whereon I now Live To him & his heirs for ever.
2dly. I Give & bequeath to the Child my wife is Big with, One hundred Acres of land joyning to the Land I now Live on (the sd Land I hold By deed from Jonathan Taylors), to that & its heirs for Ever.
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