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 30

Author: North Carolina. Secretary of State; Grimes, J. Bryan (John Bryan), 1868-1923
Publication date: 1912
Publisher: Raleigh, Edwards & Broughton printing company, printers
Number of Pages: 596


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 30


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Test. JNO. COLLISON, Cler. Cur. Lts. issued June, 1736.


Copied from the Original Will, filed in the Office of the Secretary of State.


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NORTH CAROLINA WILLS.


WILLIAM MAULE'S WILL.


IN THE NAME OF GOD AMEN, this Twenty first day of Feb- ruary, in the Year of Our Lord, One Thousand, Seven hundred and twenty five. I, William Maule, of the precinct of Bertie, in the Province of North Carolina, Gent., being Sick and week, but of sound and perfect mind and memory, Do make and ordain this my last Will and Testament, hereby revoking and making Null and Void all former and other Wills by me made.


First, It is my Will that all my Debts and Funeral Charges be paid by my Executor.


Item, I Give, Devise and Bequeath to my Wife, Penelope Maule, my Plantation called Scotts Hall, and allso, my Plan- tation called Mount Galland, to her and hers and Assigns forever.


Item, I Give, Devise and Bequeath to my Daughter, Penel- ope Maule, all the rest and residue of my Estate, both Real and Personal, to her and her heirs and Assigns forever.


Lastly, I Do hereby Nominate and appoint my Brother, Patrick Maule, Sole Executor of this my last Will and Testa- ment, whom I also Constitute Guardian of my said Daughter, Penelope, hereby Givning him full Power to make Sale of any of the lands before bequeathed to my Said Daughter, for and toward her Education.


In Testimony whereof, I have hereunto Sett my hand & Seal, the day and Year first above written.


WILL MAULE, (Seal)


Signed, Sealed Published & Declared to be his last Will & Testament in presence of us: ROBT. FORSTER, JOHN NAIRNR. JONES EAGLES. (?).


NORTH CAROLINA, SS.


Sr. RICHARD EVERARD, BART., Gov:


These may Certify that Robert Foster, Gent., one of the Evidences to the within Will, Proved the Same upom Oath in due form, this 30th. day of March, 1726.


RICHD. EVERARD.


Copied from the Original Will, filed in Office of the Secretary of State.


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NORTH CAROLINA WILLS.


HENRY McCULLOCH'S WILL.


NORTH CAROLINA.


IN THE NAME OF GOD AMEN, I, Henry McCulloch, Esqr., Secretary of the Province of North Carolina aforesaid, being sick and weak in body, but of sound and disposing mind and memory, praised be God for the same, Do make and Ordain this to be my Last Will and Testament, in manner following, that is to say: First and principally, I recommend my Soul into the hands of Almighty God who gave it; and my Body to the Earth to be decently intered according to the discretion of my Executors herein after named: And as for such Tempo- ral Estate as it hath pleased God to bless me with, I Give and dispose thereof as followeth, to wit:


I Give unto my Dear Wife, Mary McCulloch, All that my Real and personal Estate, Goods and Chattels whatsoever and wheresoever, and of what Nature or kind soever, to be divided equally between my said Wife and my four Daughters, Henri- etta Mary, Dorothy Berisford, Elizabeth Margaret, and Penelope Martha McCulloch, Share and Share alike, Provided always, and the treu intent and meaning of this my Will is, that my sd. Wife shall be at Liberty to pay my said Daughters their several proportions or Shares of my said Real and person- al Estate, at their several age or Ages of Twenty one Years, or days or days or Marriage, which shall first happen, and in the mean time, shall, and may reimburse herself thereout the Costs, Charges and Expences she may be at for their several Maintenances and Education.


And Lastley, I Do hereby Nominate, Constitute, and Ap- point my said Wife, Mary McCulloch, and my worthy frend, John Campbell of Bertie County, in the sd. Province, Esqr., Executors of this my Last Will and Testament, hereby re- voking and making Void all other and former Wills by me heretofore made, Declaring this and now other, to be and Contain my Last Will and Testament.


In Witness whereof, I have here unto Set my hand and Seal. The twenty fith day of October, In the Year of our Lord, 1755.


his HENRY HEN:MCL. MCCULLOCH, (Seal) Mark.


Signed, Sealed, Published and Declared, In the presence of us, who have Subscribed our names as witnesses hereto in the pres- ence of the Testator. (the names, Mary, Barisford, Margaret and


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Martha, being first Interlined between the Ninth & Tenth Line from the beginning of the Will). WM. POWELL. Isc. ARTHAUD. WM. ROBERTSON.


On the 15th. day of November, 1755, the Above Will was proved by William Powell and William Robertson, two of the subscribing evidences, who at the same time made Oath that they saw, Isc. Arthaud, the other Subscribing Evidence, set his hand as a Witness thereto, and then also John Campbell, Execrs. named In the said Will, Appeared & Qualify'd himself by taking the Oath by Law Appointed.


ARTHUR DOBBS.


Copied from Original Will, filed in the Office of the Secretary of State.


JOHN McKINZIE'S WILL.


IN THE NAME OF GOD, AMEN. I, John McKinzie, minister of Suffolk Parish in Nansemond County, being perfect and sound both in Body and mind, do make and ordain this my Last Will & Testament in manner and form follow'g, that is to say, first, I Commend my soul to my Good and Gracious God of whom I humbly & earnestly beg and trust to obtain mercy and pardon by ye merrits & Intercession of Jesus Christ my blessed Savour and Redemer, in whom alone I put my trust and whom I flee to ye mercies of God hoping he will accept of my sincere Repentance and that he will assist me with his Holy Spirit and Guide me through ye Valley of ye Shadow of Death and Receive me into his Kingdom & Glory.


As to my worldly Goods or Estate, first I give & bequeath to my Eldest Son, John, seven hundred and ninety five Acres of my Land at skeehawkee which I lately purchased of John Spier, joining to the manner place lying in Torril County and three hundred and five acres in the Island of Carorine lying in Bartee County to him and his heirs forever.


Item. I give to my second son, Kenneth, thousand acres of my Land at said Skeehawkee in Including a watermill & ye parcel Land thereto adjoining lying in the County aforesd. together with ye. priveledge of pasturage in the above Name Island of Carorine to him and his heirs forever.


Item. I give and bequeath to my third Son, William, three hundred acres of my land lying on Roanoke River in Bartee County Lately purchased of William Word to him and his heirs forever.


Item. I give and Bequeath to each of sd. three sons one hundred pounds Curt. money of Virginia part of which sum to be laid out and applied towards training & Educating to such


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crediable calling or mechanick business as shall appear to be most fiting and suitable to their Geneous & Capacities.


Item. I give and Bequeath to my Eldest Daughter, Janet, one hundred and fifty pounds money aforesd. to her & her heirs forever.


Item. I give to my second Daughter, Anne ye. like some of one hundred and fifty pounds money aforesd. to her & her heirs forever.


Item. I will and ordain that ye several sums of money Bequeathed to my said children be settled upon Good security and the Interest thence accruing, if Necessary, to be applied toward their maintenance and Education.


Item. I will and ordain that in case any of my children should die in their menority that then the Deceased portion shall be Equally shared and divided among ye. surviving.


Item. I will and ordain that my Negroes shall not be divided during ye. minority of my children unless my Exrs. shall think fitt to sell one of my fellows Named Bristo & buy another younger in his room, and afterward he be equally shared among them.


Item. I will and ordain that all my cattle hogs sheep crop at ye. Glebe, what sallary may be due to me from Suffolk parish, and whatever part of my household goods, &c., my Exrs. shall fitt to Dispose of for saving ye. Trouble and charges of Transportation to be sold and fifty pounds of the price thereof to be allowed my Exers. towards Defraying ye charges of Removing my family from hence to Carolina & settling them.


Item. I will and ordain that ye Remainder of my house- hold goods be managed at ye Discretion of my Exors. to ye benefit of my family. I will and ordain that my Exors. & family shall have liberty to remove from hence with what- ever part of my estate they shall think fit to carry along with them without giving any security in this County.


Item. I constitute and appoint Wm. Gray, my Brotherin- law, Capt. John Hill, of Bartee County, James Pugh and Pasco Turner of Nansemond County, Exrs. of this my last will and testament.


In Witness Whereof I have hereunto set my hand and seal, this second day of March in ye year of our Lord one thousand, seven hundred & fifty four.


JOHN MACKINZIE.


Signed, sealed and delivered in ye presents of


JAMES PUGH, JAS. WRIGHT, her CHRISTIAN X GOOD mark.


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At a Court held for Nansemond County Apl. 8, 1754, The Last Will and Testament of John Mackinzie was proved by ye oathe of Jas. Wright and Christian Good, two of ye Witnesses thereto, also by ye oaths of Wm. Gray, John Hill & James Pugh three of ye Exors. therein Named who gave bond with Josiah Riddick, Willis Riddick, and Daniel Pugh, Gent., their securities, Certificate for obtaining Letters Testamentory on ye sd. Will granted unto ye sd. Exors. in due form. Pasco Turner ye other Exor. in ye said Will mentioned came into Court & refused to take on himself ye Burthen & Execution thereof.


Test. LEMUEL RIDDICK, CI. Ct.


True Copy,


Test: LEMUEL RIDDICK, CI. Ct.


Copied from Original Will, filed in the Office of the Secretary of State


JOHN MONCREIF'S WILL.


The Last Will and Testament of John Moncreif, of north Carolina, being weake in Body, but of perfect memory, doe give and demise my Temporal Estate which god of his mercy hath endued me with all, ass followeth:


Imprimis, I give and bequeath unto my beloved wife, Mary Moncrief, The manner plantation dureing her life, and after her decease to my youngest son, george moncrief, Containing one hundred and sixty Acckers of land; and if ye said george moncreif liveth to Come to mans Estat, he shall have the liberty to seat any part of ye Said hundred and sixty Ackers of land not disturbing his Aforesaid mother.


2'ly, I give unto my. son, Thomas Moncrief, one hundred and sixty Ackers of land Joyning to the manner plantation.


3'ly. I give to my son, William Moncrief, one hundred and sixty Ackers of land Joyning to my Son, Thomas monerief, land.


4'ly, I give to my son, John moncrief, one hundred and sixty Ackers of land Joyning to my son, William moncrief, land, to them and there heirs for ever; onely if one or more should should die without lawfull heir or Isue, the same land to be Eaqualy devided amoungst ye Rest. Every one of my sons Shall begin at ye pecoson and soe take there due part to ye head line.


Item, I give to my beloved wife, mary moncrief, one Cubard with 3 pewter dishis, 2 pewter poringers, and 6 Inglish spoons, and ye mill and ye peck, and one new fether bed and furniture belonging to it, and one great pot, and ye young bay mare and her Increas, onely my beloved wife, mary moncrief, shall give my son, george moncrief, a young mare of 3 years old when he Comes to age; all ye Aforesaid housalgoods After the decease of mary moncrief shall be given to my son, george moncrief.


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Item, I give to my beloved wife, mary moncrief, 2 deep dishis and one great bason, and 2 poringers, and 6 spoons, one paer of fier tongs, 4 botls, and one fryingpan, and ye great greater, and ye great Chest, and ye litel box with a lock and key to it, and one great table, 4 Chears, and one great tankert, one iron pestel, one drawing knife and handsaw, and ye Cuting knife, one great narow ax.


Item. I give to my daughter, mary moncrief, one fether bed, one great Rugg and one paer of sheets and bed stead, one Chest that is next to yt of my wifes, one paer of fier tongs, 4 Chears, one litel pot, 4 botels, 2 pewter basons, one tankert, to litle flat dishis, 6 Inglish spoons, 2 poringers, 2 pewter plats.


Item, I give to my son, John Moncrief, 2 pewter dishis, two poringers, 6 spoons, 2 plats, 1 Cheare, one litle Chest with lock and key, one Cros Cut saw, one small auger, one adds.


Item, I give to my son, william moncrief, 2 pewter dishis, 2 poringers, 3 spoons, 2 Iron wegges, one narrow ax, one litle Chest with lock and key.


Item, I give to my son, Tho: moncrief, 2 pewter dishis, 2 poringers, 3 spoons, one long pot, and a Chear, one linin bed and one Rugg, and one paer of sheets and bed stead, one broad ax, one great gimblit, 2 Iron wedges, one spade, one great Auger, 2 Chisels.


Item, I give to my beloved wife and my son, george, 6 Cows and 4 Calves, and ye 2 great steers, one yeo and yeo lamb.


Item, I give to my daughter, mary moncrief, 3 Cows and Calves, one sow and piggs, to be paid upon her marriage day.


Item, I give to my son, John moncrief, when he Comes to age, one Cow and Calfe, and 3 two yeare old hefers, and one sow and piggs.


Item, I give to my son, William moncrief, one Cow and Calfe, and 3 teers, one sow and piggs if ye sows has them.


Item. I give to my son, Thos. moncrief, 4 steers, one sow and piggs if ye sows has them, and one young horse.


Item, I give to my daughter, mary moncrief, my black mare yt I sold to Craft if he Returns her, if not ye bill.


as for ye linin and wooling, I give to my wife for ye use of ye small Children and her own use; and for my wareing Cloaths, I leave ytm to my wifes disposisan, to devide as she thinks fitt amoungst ym; and ye Cart and wheels for ye use of ye plan- tation, and all my hoogs I give to my wife to pay my debts, and what debts there is due to me fer her to Receive; the 2 meale sifters I give to my wife; as for ye wooden ware, devide it amongst them as you shall think fit.


Item, I give to my son, george, my gun; and my sword to my son, Thomas.


And as for all other things yt is not mentioned, I leave to


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my beloved wife, mary moncrief, and I doe heareby ordaine, Constitute, and appoint my beloved wife, mary moncrief, to be my only Executrix of this my last will and testament, and I doe heareby Revoke and disanul all former will or wills by me made, ass wittness my hand and seale this 22th. day of June, 1712.


JOHN MUNCIREEF. (Seal)


Signed, Sealed in ye presents


of us: ADAM PEARRY THOMAS DAVIS. his DANIEL OX GLASCOE. marke


This Within Written Will was Proved in Open Court in Lawfull Manner the 14th. Day of Ags: Anno Dom., 1713, By The Oaths of Thos. Davis And Dan: Glasco. Tets. Jos: WILKER, Clk. Cout.


Copied from Original Will, filed in the Office of the Secretary of State.


ROGER MOORE'S WILL.


NORTH CAROLINA, NEW HANOVER COUNTY.


IN THE NAME OF GOD AMEN, the Last will and Testament of Roger Moore, of the Parish of Saint Philips.


Imprimis, I doe give, Devise and Bequeath unto my Son, George Moore, and his Heirs forever the Following Tracts or Parcells of Lands, Vizt., All that Part of my Plantation Called by the Name of Kendall, Bounding to the Southward by the Creek that runs up to my Mill as far as there is a Post to be fixt about three Hundred yards up the Creek above the House where Gready Lately removed from; and from thence a Due west Line to be Continued as far my Lands runs up the Neck, and Bounded to the Northward by Mr. Allens Creek, with the Little Island of Marsh fronting the said Plan- tation in the River. And all Other my Lands bounding on the said Creek; and all Other my Lands Lying between the Thoro- fare and Black river, in the Neck known by the Name of Maultby's Point, with all my Lands on the Island Opposite; And One half of the Tract of Land in the fork of the river known by the Name of Mount Misery; the Same to be Di- vided in Such Manner as my son, George, shall think Proper to Direct; and them my William to Take his Choyce, & that to be Done in One year After my Decease. And five Hundred Acres on the Northwest river, Lying Between the Lands of Mr. Job Howes and the Land that was Mr. Dallisons, Decd .; and all that Tract of Land I bought of Mr. John Porter, Decd., on the No. West River at or Near the Saxapahaw Old fields, being Three Thousand & Twenty five Acres; And the Lott of Land in the Town of Brunswick where Mr Ross at Present Dwells,


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being five Poles wide & runing from the river as farr as the Street before Doct. Fergu's House, with the Wharf and all Other Improvements thereon.


Item, I doe give unto my Aforesaid Son, George, my Negro man Higate the Carpenter, His wife Rose, with all her Issue & Encrease.


Item, I doe give, Devise & Bequeath unto my son, William Moore, & his Heirs for ever all that my Plantation Called Orton where I now dwell, Joyning on Kendals, as its before Bounded by this my Will, with all my Land Bounded to the Southward on the Creek where My Mill now is, being in all about 2500 Acres; & also, 640 Acres at Rockey Point, bounding on Mr. Allens and the river, and the Remaining half of Fifty five Thousand Acres in the Neck known by the Name of Mount Misery, and all the Tract of Land bounded by the River & Smiths Creek; and 5000 Acres at or near the Haw or Eno old Fields.


Item, I doe Also give, Devise, and Bequeath unto my Said Son, William, One full fifth Part of the Slaves I Shal Dye Possessed of; and its my Will that all my Slaves Shall in One Month After my Decease be Devided into five Equall Parts, as near as mybe, by himself and my Son George, & when so done that my son, William, take his Chance by Lott for such his Part. And I doe Also give unto my said Son, William, all the Stock of Horses & Cattle & Sheep that Shall Properly belong to, & be on my Plantation Orton at my Decease, with all my Plate & Household furniture, Hee, my son William, Paying to my son George, in Two years After my Decease, the Sum of One Hundred Pounds, Proclamation Money or the Value thereof.


Item, I doe give unto my Daughter, Sarah Smith, the Sum of five Pounds, being in full for her Fortune; She having Al- ready recd. from me, with the Legacy Left her by Her Grand Mother, by my Computation, at Least £1600 Sterling.


Item, I doe give unto my Daughter, Mary Moore, the Sum of Eighteen Hundred Pounds, Proclamation Money, or the Value thereof, to be Paid Her, or sure'd to be paid Her, in Two years after my Decease; but on the Condition Only my Exors. then Taking a Release for the Legacy left her by Her Grand Mother, Mrs. Sarah Trott, and Also, that she Doe not Marry but with the Consent of my Exors. & her Aunt, Mrs. Sarah Allen, or the Majority of them.


Item. I doe give unto my Daughter, Anne Moore, the Sum of Eighteen Hundred Pounds, Proclamation Money, or the Value thereof, to be Paid her, or sured to be paid Her, in Two years after my Decease; But on the Same Terms & Conditions as Her Sister Mary before Mentioned.


Item, I doe give unto my son in Law, Mr Thomas Smith, &


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his Heirs for ever, all that Lott of Land in the Town of Bruns- wick where Mr. William Lord at Present resides, Besides with the Building thereon.


Item, I doe give, Devise & Bequeath unto my sons, George & William Moore, and their Heirs forever, all the rest & Residue of my real & Personal Estate, to be Equally Divided Between them, After the Payment of all my just Debts & Legacys, but on these Conditions, that they, at the expence of my Estate, Maintain their Said Sisters, Mary & Anne aforesaid, untill their Legacy become Due, unless they shall Marry before, but Nevertheless, if my Two Sons Shall Choose to pay their Legacy Out of my Principal Estate, they shall be at their Liberty so to doe soe as not more then One third of the same be Paid to Each in Land; & the Lands & slaves to be Vallued to them by Indifferent Persons, to be Choose by each Party, & they on Oaths, there being Twenty Odd Thou- sand Acres of Land & Near Two Hundred & fifty Slaves, with the Stock of Hor es, Cattle, &c., & besides the Debts Due To me not before Bequeathed in this my Will.


Item, I doe Devise & Bequeath unto my Dear beloved Wife, Mary Moore, all the Estate that was her own at the Time of Her Marriage, be it of any Nature and Kind Whatsoever, with the Profits arising Since Such her Marriage; as also the Saw Mill I entend to Build on Brices Creek, with the Slaves & all Utensils that shall Properly Belong to them. And if it shal soe Happen that I shal Dye Before the said Mill shall be Compleatly finished, that She, my said Wife, is to have the work of my four Carpinters now at Nuce, until they be Compleatly Finished; and the aforesaid Land & Mill I doe give unto my said Wife, & Hurs forever, & in full Considera- tion of her Dower & any Claim She may have by Law to any Part of my real & Personal Estate.


Item, it is my Will that each of my Daughters, Mary & Anne, Doe at their Marriage, take Each their Choyce of any One of the House Slaves, Except the Negro wench Bess, who I leave to Her Liberty to make Choyce of any One of my Children for her Master or Mistress.


Lastly, I doe Nominate and appoint my Two Sons, George & William Moore, Exors. to this my Last will & Testament, Revoaking all Other Wills herefore made by me.


In Testimony Whereof, I have hereunto Set my Hand & Seal, this 7th. Day of March 1747/8.


ROG. MOORE (seal)


Signed, Sealed, Published & Declared to be my Last Will & Testament in the Presence of: WM. FORBES. RICHD. QUINCE. GEO. LOGAN.


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A Codicil to this my Last will & Testament: Whereas, it is Apparent from the Late Storm, that the Legacy I have Be- queathed unto my Loving Wife, Mary, The giving her my saw Mill and the Appurtenancys thereunto Belonging, may, Instead of being a Yearly Profit to her, Prove rather an Ex- pence, therefore I doe Absolute Declare that Part of my will soe much as relates to the Saw Mills and appurtenancys there- unto Belonging to be Void and of none Effect; & in Lieu of the Same, do give unto my said Loving Wife, Mary, One Hundred Pounds, Sterling Money, or the full Vallue thereof, to be Paid her Yearly by my Exors. During the Time she Does remain my Widdoe, and noe Longer, and the same to be in full for her right of Dower, & in full for any Claim or Demand of any kind Whatsoever She may have Legully to any Part of my Estate.


In Testimony Whereof I have here unto Set my Hand & Seal, the 30th. Day of June, 1750.


Signed, Sealed & Published in the Presence off us:


R. MOORE. (seal)


WM. Ross. REBECCA COKE. GEO. LOGAN.


Att a Court held at Wilmington, On the Last Tuesday in May, in the Year of Our Lord, One Thousand, Seven Hundred and fifty One. On Motion the Last Will & Testamt. of Roger Moore, late of the Province of North Carolina, Esqr., Deceased, was Proved in Due form of Law By the Oath of George Logan, One of the Subscribing Witnesses to the said Will and Codicil, by which Will George Moore and William Moore are Appointed Exors. of the Last Will and Testament of the said Roger Moore, Decd., which said William Moore and George, Appeared in Court and Took the Oath of an Executor According to Law.


Therefore it is Ordered that Letters Testamentary do issue to the said George Moore and William Moore, to Impower them to Take upon them- selves the Execution of the said, of the said Roger Moore, Decd.


By the Court. ISAAC FARIES, C. C.


Mr Rice's Ex'or, Dr for this, 16 Cash.


Copied from the Original Will, Filed in the Office of the Secretary of State.


THOMAS MOOR'S WILL.


WILMINGTON, 3d. february, 1735.


I, Thomas Moor, Late of New York, now in Wilmington, Being Sick of Body but sound of Judgment, Doe make This my Last Will and Testament.


In Primis, I appoint and Constitute Cosmas Farquharson, Doctor of Physic, my Sole Executor and Administrator of all the Debts, Effects and Moneys I Can Lay any Claim to in


4


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North Carolina, in Order that he, the said Cosmas Farquharson, may Remit the Same to New York to be Dispos,d off there as my former Will, in the hands of Mr. Alsop and Carroll there Directs, and this My Last Will and Testament Day And Date foresaid, I have signd, seald and Delivered in presence of:


THOS. MOOR (Seal)


Witness: CALEB MASON. SIMON PAYNE. RD. HARTLEY.


At a Court begun and Held for the County of New Hanover on Tuedsay the 4th. Day of February, 1753.


Present His Majestys Justices:


These may Certify that Richard Hartley, one of the subscribing Evi- dences to the Within Will, appeared in Open Court & made Oath on the holy Evangelist that he was Present and saw Thomas Moor, sign, Seal and Declare the within to be and contain his last Will and Testament; and that the Said Thomas Moor was then & at that time of sound and disposing Memory; and that he also saw Caleb Mason and Symon Payne, two other Subscribing Evidences, sign their names thereto at the same Time: then also appeared Cosmas Farquharson, Executor, in open Court and took the Executors Oath in Due form of Law.


ISAAC FARRIES, CI. Cu.


Copied from Original Will, filed in the Office of the Secretary of State.


EDWARD MOSELEY'S WILL.


No. CAROLINA, SC.


IN THE NAME OF GOD AMEN, I, Edward Moseley, of New Hanover County, Esqr., do make and Declare these Presents to be and Contain my Last Will & Testament Rovoking all Other.




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