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 37
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Likewise do Constitute & Ordaine my well beloved, Son Henery Grace, to be my Whole & Sole Executor of this my last will & Testament, utterly Revokeing disanulling & make- ing Voide all other wills & Testamts. By me heretofore made.
in Wittness whereof, I have hereunto Sett my hand & Seal ye day & ye year above written.
SUSANNA X ROBISSON.
Signed, Seald & Deliverd In ye Presence of.
EURIAR HUDSON. ELIZABETH X JENKINS. JOSEPH JESSUP.
Recorded in Will Book 2, page 13.
JAMES ROBERTSON'S WILL.
IN THE NAME OF GOD AMEN. I, James Robertson, of the County of Pasquotank, in the Province of North Carolina, being of sound and perfect Memory, Do make this to be and Contain my last will and Testament, in manner and form following; that is to saw:
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I Give and bequeath to my well beloved son, Mordecai, my manner plantation whereon I now live, containing fifty Acres, More or less, to him and to his heirs forever.
I likewise give and bequeath to my beloved son, Malachi, my Road Plantation, Containing fifty Acres, to him and to his heirs for Ever.
I also give to my son Mordecai, one Ram and one Ewe, two Sows, two Cows, and one beehive, to him and to his heirs forever.
I likewise give to my son, Malachi, two Sows, one Ewe and Ram, two beehives, and one Cow and Heiffer, to him and his heirs forever.
I Give to my Daughter, Euphan, one Feather bed and furni- ture, three pewter Basons, and one Dish, one Sow, and one Cow, to her and her heirs forever.
I Give to my Daughter, Salley, three Basons, and one pewter dish, one Fethar Bed and Furniture, one Sow, and one Cow, to her and her heirs for ever. I also give to Each of my Daugh- ters one Chest.
I also give all the rest of Moveable Estate to my Dear and Well beloved Wife, Sarah Robertson, and to her Disposal, whom I Nominate my Executrix, and my Trusty friend, Thomas Taylor, Executor to this my last will and Testa- ment, hereby revoaking all other wills heretofore made,
JAMS. ROBERTSON (Seal)
Signd, Seald and Declared,
this to be my last will and Testa-
ment. the 17th. day of January,
Annoq Dom. 1753, in the pres-
ents of:
SAMUEL OKELY, WILLIAM WOODLY. MARY TAYLOR
NORTH CAROLINA,
PASQUOTANK COUNTY. SS. October Court, Annoq Dom., 1754.
Present His Majestys Justices:
These may Certifie that that William Woodley, one of the Evidences to the Within Will, appeared in open Court, & made Oath, on the Holy Evangelist, that he was present & Saw James Robertson Sign, Seal, pub- lish and declare the within to be and Contain his Last Will & Testament; and that he was at that time of sound and Disposeing memory; that he also Saw the other Evidences Sign their Names thereto att the same time: then appeared Sarah Robertson, Executrix, and was duly Qualified as Such; ordered that the Honorable James Murray, Esqr., Secretary, have Test. THO. TAYLOR, ck. Cu. Notice that Letters issue, &c., dated at the Clerks office, the 22d. Day of January, 1754.
Copied from Original Will, filed in the Office of the Secretary of State.
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NORTH CAROLINA WILLS.
MATTHEW ROWAN'S WILL.
IN THE NAME OF GOD AMEN, I, Matthew Rowan, of New Hanover County, Esqr., in ye Province of North Carolina, being of Sound and disposing mind, Memory & Understanding, do make and Ordain this to be my last Will and Testament in manner following:
Imprimis, I bequeath my Soul to God who gave it; & my body to be decently Interred; & all my just debts and funeral Expence to be first paid.
Item, I give to my Niece, Rose Rowan, daughter of my Brother Andrew Rowan, ye Sum of One hundred and thirty three pounds six Shillings & Eight pence, proclamation, to be paid one year after my decease.
Also, I give to Mathew Rowan, son of my Brother, Atchey- son Rowan, the sum of One hundred & thirty three Pounds, six shillings & eight Pence, proclamation Money, to be paid two years after my decease.
Also, I give to my Niece, Ann Rowan, daughter of my Brother, William Rowan, ye Sum of four hundred pounds, Proclamation Money, to be paid three years after my decease.
Also, I give to Richard Lyon, Esqr., of Spring hill, in the County of Bladen, ye sum of three hundred and thirty pounds, proclamation money, being the remainder of ye Sum I in- tended to give him with my Niece, Margaret Rowan.
Also, I give ye Negroe Boys named Dickey, Sam, Johney, Hecton and Africa, together with ye Negroe Wenches, named Black Milley, Lucinda, Bella, Maria, Bess, with their In- crease, to Mildred Lyon, Daughter of John Lyon, & Mildred Lyon; but in Case ye said Mildred Lyon, should dye before she is married or of Age, then I Give said Slaves to her Sister, Mary Lyon.
Also, I Give & Devise all that tract of Land Situate on ye North East Side of Ye No. East River, Opposite to Stag Park, in New Hanover County, containing five hundred acres, unto Frederick Gregg, of Wilmington, Esqr., to him & his Heirs. I also give unto ye said Frederick Gregg, my Negroe Fellow Ogee & little peg & My Gold Watch. Also, I give & bequeath all those two tracts of Land, ye one Containing five hundred acres, ye other four hundred acres, situate on ye White Marsh, in Bladen County, being land in the possession of Robert Rowan, upon part of which ye said Robert Rowan now lives, & ye following Negroes, Jack, Sanca, Africa, Boatswain, John Lindsey, & Joan a Negroe Wench, unto ye sd. Frederick Gregg, & Richard Lyon, in trust for Esther Rowan, wife of said Robert Rowan, and ye Heirs of her Body Lawfully be- gotten, to ye Sole use and benefit of ye said Esther Rowan, free from ye power & Controul of her husband, Robert Rowan,
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nor in any wise subject to his Debts, my meaning in this devise being no more than to vest ye said two tracts of land & Ne- groes last mentioned in ye sd. Frederick Gregg & Richard Lyon as Trustees for ye use of ye sd. Esther Rowan, so as to bar any rights to ye sd. lands & Negroes last mentioned which ye said Robert Rowan might Claim as Husband to ye sd. Esther Rowan.
Also, I Give ye Sum of twenty six Pounds, thirteen shillings, and four pence, proclamation money, a year, to be paid Annu- aly out of my Estate not heretofore disposed of, unto ye said Frederick Gregg & Richard Lyon, in Trust for my Daughter in Law, Elizabeth Maclaine, Wife of Archibald Maclaine, of Wilmington, Mercht. to be paid annually to ye said Elizabeth Maclaine, to her sole use, free from ye powre of her husband, Archibald Maclaine, nor in any wise Sibject to his debts.
Also, I Give and devise all my three parcels of land ye. one being on ye South West Side of ye. N. West River, Situate on ye. lower side of land belonging to Henry Simmonds, de- ceased, Containing 320 acres; ye other on ye No East Side of sd. River, Situate as aforesaid Containing 640 Acres; ye third on ye No East Side of sd. River Joyning ye above, 297 Acres, all in Bladen County, and all that tract on ye No. East Side of ye No. West River, lying betwixt Judge Lenards Land, & Nelltown in Bladen County, aforesaid being 640 Acres; & all that Parcill of Land part of ye Marsh on ye River trent, Oppo- sit to Newbern, in Craven County, containing 197 acres unto my Executors hereafter Mentioned, to sell and dispose of in ye best maner they can, & to apply ye money arising by such Seale in discharge of ye Legacies heretofore given. and lastly, I give & devise all my Estate of what kind soever, both real & personal, not heretofore disposed of after my Death, to John, ye Son of Jane Stubbs, of Bath town, in ye Province aforesaid, & Commonly Called & known by the Name of John Rowan, now of ye Island of Barbadoes, Mariner, & ye Heirs of his body lawfully begotten; and in default of such Is- sue, then to ye said mentioned Mathew Rowan, son of my brother Atcheyson Rowan, & his Heirs and Assigns. And I do make John Rowan, Frederick Gregg, & Richard Lyon, Executors of this my last will, hereby revocking all former Wills by me heretofore made.
In Witness whereof, I have hereunto set my hand and Seale this 18th Day of April, in ye year of our lord, 1760. MATT. ROWAN. (seal)
Signed, Sealed Published and declared in ye Presence of us, whose Names is hereunto affixed, SAME. WATTERS. GEO: GIBBS. THOS: CLARK.
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Personally Came before me Thomas Clark, one of the Subscribing Witness to the above Will, who being duly sworn, deposed that he saw the above Testator, Mathew Rowan, Esqr., Subscribe Seal & Publish the above will as his, as also that he saw this in presence of the other Wit- nesses Saml Watters & George Gibs & farther says to the best of his knowl- edge the said Testator was perfectly in his Senses. Wilmington, 15 July, 1760.
Given under my hand, Ordered therefore that Letters Testamentary may issue. ARTHUR DOBBS.
NO. CAROLINA NEW HANOVER COUNTY.
These are to Certify that Frederick Gregg and Richard Lyon, Esqrs., Qualified as Executors to the Last Will and Testament of The Hon'ble Matthew Rowan, Esqr., Deceased, according to Law, before me.
Given under my hand this 19 day of July, 1760.
CORNS. HARNETT, J. P.
Copied from Original Will, filed in the Office of the Secretary of State
THOMAS RYAN'S WILL.
IN THE NAME OF GOD AMEN. I, Thomas Ryan, of the county of Bertie, in the Province of North Carolina, being of a very sick & infirm Body, but of sound & Good Memory. & Calling to rememberrance the uncertainty of Human Life, doe constitute, make & appoint this my Last will & Testament, in manner & form following: First & Principally, I Commend my Soul to God who gave it, in certain hopes of the Resurrection of the Dead; & my Body to the Ground to be decently in- ter'd & buried at the discretation of my Executors hereafter mention'd. Touching my Worldly Estate, I give, dispose & bequeath of That as follows:
Imprimis, I give, & bequeath unto my Son, David Ryan, two hundred acres of Land, more or less, lying in the Bottom of Cashy Neck, on the thorough-fare, commonly known by the name of The Old House; also four hundred & fifty Acres, being one half of the Land That John Holdbrook liv'd on; also six hundred & forty acres of Land, more or less, lying upon the great Beaver dam; Also four hundred & fifty Acres of Land, more or less, lying upon Cypress Swamp, which Land I sold to William Lane, conditionally, and if the said Lane pays the purchase Money, which is Twenty five pounds, current money of Virginia, which money I give & bequeath to my Son, David aforesd. as a compensation or in Lieu of the said Land sold to the said Lane. But if the said Land makes default of Payment, That then if recover'd by Law, I give the afor'sd. Land to my Son, David, afores'd. Also, I give unto my son, David, foor Negroes, to-wit: Casar, Phoebe & Peter, Taffay. Also, one Bridle & Saddle, & my Shooe & Knee (Buckles) Buckles; & my Will & Desire is That the afors'd Legacies, as
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well Real as Personal, Which I have here Bequeath'd to my son, David, Be to Him, his Heirs & Assigns for ever.
Item, I give & bequeath unto my Son, James Ryan, three hundred & fifty Acres of Land, or there-abouts, upon Mysattick River in Tyrrell County. Now This Land is conditionally sold to Matthew Thomas, late of Edenton, Merchant, who is to pay the purchase money, to-wit: one hundred & seven pounds, ten Shillings, Current money of Virginia, payable on the Eleventh day of November in the present Year of our Lord, one thousand, seven hundred & Fifty Three. If the said Matthew pay the money due, at the time afor'sd, then my will & Desire is that the said money be put to Interest upon Good Security; The Bond or Bonds which shall be gave as Security or Securities of the said money to be renewed every Year. But in Case the said Matthew should make Default of Payment, it is then my Will & Desire that the said land be in the Possession of my Son, James, aforesd. And Either the said Land, or the said Money (if paid), with the Interest thereof, I give unto my son, James Aforesd., his Heirs & Assigns forever.
Also, I give unto my Son, James aforesd., five hundred & fifty Acres of Land, the Remainder part of Holdbrooks Land & where the said Holdbrook dwelt. Also, four hundred & forty acres of Land lying in Cashy Neck, formerly the Estate of James Castello. Also, one hundred & thirty Acres of Land joyning the Land of Thomas Sutton, deceased. Also, I give unto my Son, James afores'd, Three Negroes, towit: London, Jacob & Ned; Also, a Bay horse which now runs in the woods. All the Legacies aforesaid which I have(here) here bequeathed unto my Son, James aforesd., My Will & Desire is that they Be to Him, his Heirs & Assigns for ever.
Item, I give & bequeath unto my Son, George Ryan, my my Plantation Containing five hundred Acres, lying in Roeguis, formerly known by the name of James Castello's Islands. Also, I give & bequeath unto my Son, George afores'd, my Plantation on the Head of Salmon Creek, together with my water Mill; & also two Plantations lying up Chowan, formerly belonging to John Rogers & John Graves; Also, one hundred Acres of Land lying upon Cashy River, where Garrett Vanup- shall now lives, together with three Negroes, to wit: Tom, Jack & Rose. Also, two Mares, the one a Bay, the other a grey Mare. All which Legacies, I have here bequeath'd unto my Son, George aforsd., my Will & Desire is that they, as well Real as Personal, Be to him, his Heirs & Assigns for- ever.
Item, I give & bequeath unto my Son in Law, Cornelius Campbell, & his wife, my Daughter Elizabeth, my Plantation containing two hundred & twenty five Acres, lying in Tyrrell
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* County, & upon Albemarle Sound; also, two Plantations in Bertie County, formerly belonging to Thomas Mewbern & William Goodwin. Also, the plantation in Bertie aforesd. whereon John Nicholls now dwells. Now the said Nicholls has made a purchase of this Land & paid some part of the purchase money, but the whole being not paid within the time limited by Agreement, the said John Nicholls has forfieted his Title to the said Land; my Will therefore is that if my son, Cor- nelius & his Wife, Elizabeth, please, they may either receive the Remainder of the money due from the said Nicholls, as an equivalent for the said Land, or enter upon the said Land, on the surrender of the said Nicholls; Also, two hundred acres of Land lying upon upon the Southside of the Middle Swamp; also, two Negroes, towit: Jenny & Lucy. The Legacies aforesd. which I have here bequeath'd to my Son, Cornelius & his Wife, Eliaabeth, as well Real as Personal, my Will & Intention is that, That they be to them & their Heirs for ever. But with this restriction to the Heirs only of my son, Cornelius begotten of the Body of my Daughter Elizabeth.
Item, I give & bequeath unto my Daughter, Mary Ryan, two Plantations lying on Chowan River, containing five hun- dred Acres; Also, two Plantations lying on Black Wallnut Swamp, containing four hundred & Eighty Acres; Also, two Negroes, to wit: great Jane & Esther; Also, fifty pounds cur- rent money of Virginia, to be paid unto my Daughter, Mary Afores'd, from out of the outstanding debts due to me; Also one Bay horse. All which Legacies, as well Real as Personal, which I have here bequeath'd unto my Daughter, Mary afors'd, My will & Intention is, That they be to her & her Heirs for ever.
Item, I give unto my Loving Wife, Martha Ryan, the Use & Occupation of my Manor Plantation, together with the dwelling house, Utensils, Stock, Smith's Tools & other ap- purtenances whatsoever, to the said Plantation & House be- longing, during her natural Life, together with the profits arising from the Servitude & labour of these three Negroes, to wit: Ben, Bess & Moll, likewise of the indented Servants. Also, I give & bequeath unto my said Wife, my Riding horse Pompey & her own Riding Horse, Ruffin, as also my watch & Sleeve Buttons. Also, One hundred Pounds, Current money of Virginia, which will be due to me from John Hardisson, on the Nineteenth day of December, in the present Year of our Lord, One thousand, seven hundred & fifty three. And my Will is, that the aforesaid horses, watch, money & sleeve Buttons, Be at her own absolute power & disposal. And my farther Will & Desire is, That after the decease of my said Wife, That the Manor house & Plantation aforesaid, shall devolve to my Son, Thomas Ryan, Together with the aforemention'd
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Negroes, Benn, Bess & Moll, & their increase, & I doe declare, Will & Desire that the aforesaid Legacies, both Real & Person- al, are for, & shall Be, to my Son, Thomas aforesaid, his Heirs & Assigns for ever.
Also, I give unto my son, Thomas aforesaid, One hundred Acres of Land, joyning to David Thompson's & Edward Bird's line upon Cashoak Swamp, & my will, Intention is that these last Legacies also, together with the abovementioned, be to my Son, Thomas aforesaid, his Heirs & Assigns for ever; and I also give to my sd. son, Thomas, & his heirs or assigns forever, four hundred Acres of Land joining to the manor Plantation & known by the name of Jacob Hardy's Old field.
Item, I give a bequeath unto my Worthy Friend, Capt. John Campbell, ten Spanish Pistoles, or their value in Current money of Virginia.
I likewise hereby authorise & impower my Executors, to make Titles unto all Those Purchasers of the Land which I have sold, upon Such Purchasers paying in of the Respective moneys due for the Purchase of such Land. Provided the Legatees of those Lands shall be contented with such payment for & as an Equivalent for their Several & Respective Lands.
My will & Intention farther is, That the Mill which I have bequeath'd unto my Son, George aforesaid, be repair'd & kept in constant repair from out of the profits of my whole Estate, Each Child or Legatee contributing thereto his or her equal Share in proportion, till the said George shall arrive to the age of twenty one Years, And in Consideration thereof each of my Children shall be entitled to the benefit of having their Corn and the like, ground therein free of all toll or ex- pence whatsoever.
Touching the Education of my Children, my Will & Desire is that each of my three younger Sons, to wit: James, George, & Thomas, shall be paid for from out of the Outstanding Debts, But if the Outstanding Debts fall short & are insufficient to discharge my Own Debts & Legacies, that then my whole Estate shall equally contribute towards such their Education. My Will & Desire is That my Wife, Martha Ryan, have the Care & Guardianship of my Children who are not of full Age, untill they shall respectively arrive to the age of twenty one years, But if in the mean time, my Wife should intermarry, then upon such her marriage, my will & Intention is That she shall not any longer continue Guardian, But shall justly account for the profits of, as well also as for the separate Es- tate, of each Child with & To my Son, David, Their Eldest Brother, who I desire may then have the care, Guardianship & Tuition of his Brothers Aforesaid, and their Estates.
My Will & desire farther is, That the Brig be sold & that the money arising from such Sale, be appropriated to the
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payment of my just Debts, & That immediately after the Sale, my Executors pay unto Thomas Castello, the sum of one hundred twenty five pounds, current money of Virginia, Ex- empt from all manner of Deduction or abatement, And after the said Castellow be paid, my will & Intention is That the Residuum or Remainder of that & the Outstanding debts be equally divided betwixt my Wife & Children, share & share alike.
My Will & Intention is, that if any of my Children dye be- fore he or She before such child be of full Age, or Dye without Issue, that the rest of his or her brothers, surviving Shall be entitled to an equal Share of Such Decedents Estate.
My Farther Will & Intention is, That those Negroes, (whose Servitude during the Nat'ral life of their Mistress, Isabella Dyal, I bought of John Holdbrook, to whom such servitude was before made over by Edward Dyal, during the Nat'ral Life of his Wife, Isabella aforesaid), be equally divided be- twixt my wife & Children share & alike.
I Likewise Desire & injoyn my Executors to offer no other money than Gold or Silver to any of my Creditors in discharge of my Respective Debts, unless any Creditor should particu- larly prefer the Proclamation Money, or Commodities of the Country, in lieu of his respective Debt.
And I doe hereby appoint my Loving Wife, Martha Ryan, & my Son, David, Capt. John Campbell & Cornelius Campbell, & Thomas Turner, Executors of This my Last Will & Testa- ment, bearing Date the twenty ninth day of January, in the Year of our Lord, One thousand, seven hundred & fifty three.
THOS. RYAN (T. R.)
Sign'd, seal'd, publish'd & de- clar'd in the presence of:
EDWD. UNDERHILL. DAVID ALLEN. HUMPHRY NICHOLS.
By way of Codicill to this my Last Will & Testament, I now declare that, any Clause whatever in my aforesaid Will to the Contrary notwithstanding that it is my will & Inten- tion that if my Son, Thos. Ryan, Should dye, without Issue, that then my Manor house & Plantation shall fall & devolve to my Son, David Ryan & his heirs forever, & that the sd. Manor house & Plantation shall not be divided as is mentioned in my Will aforesd. but shall immediately divolve to my son, David Ryan, his heirs & Assigns forever,
in witness whereof, I have hereunto set my hand & seal, this twelfth day of February, in the Year of our Lord, One thousand, seven hundred & fifty three.
THOS. RYAN, (T. R.)
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February, ye 12th, 1753.
Thos. Ryan, publish'd & de- clar.d the above Codicill to his Last Will & Testament on the day of the date hereof in the presence of us: EDWD. UNDERHILL.
DAVID ALLENS. her ELIZABETH I ASHBURN.
Mark.
her MARY X CAPHART. mark.
March General Court, 1753.
The within Last will & Testament of Thomas Ryan, Dec'd., was Proved by the Oaths of Edward Underhill & David Allen, two of the subscribing Witnesses to the same, & The above Codicil Proved by the Oath of David Allen & Mary Caphart, each of which evidences made Oath that the said Thomas Ryan, was at the time of Executing the said will & Codicil of sound and Disposing mind & memory.
And David Ryan, having taken in the Oaths of an Executor, Ordered that Mr. Hand, the Secretary have Notice thereof that Letters Testa- mentary Issue Accordingly. JNO. SNEAD, C. G. C.
Copied form Original Will, filed in the Office of the Secretary of State.
EDWARD SALTER'S WILL.
NORTH CAROLINA. SC.
IN THE NAME OF GOD AMEN. The Sixth day of January, in the year of our Lord Christ, one thousand seven hundred thirty, and four, I, Edward Salter of Bath County, in the Province aforesaid, Merchant, being sick in body but of sound and perfect mind and memory, (God be praised) Do make and ordain this my Last Will and Testament in manner and Form following, That is to say:
Imprimis, I Commend and Resign my Soul to Almighty God, my Maker, hoping for Salvation through the Merets of My Blesed Saviour Christ Jesus. My Body, I desire may be decently interred according to the Discretion of my wife and Executors hereafter named.
Item, I will and Desire that all my Just Debts may with all Convenient speed be truly and honestly paid.
Item. I Give and Bequeath unto my loving Wife Elizabeth, (after the payment of my Debts and Legacies), One Third part of all my personal Estate on or after a Just Division by my Executors to be made, but so to be apportioned as that none of the slaves hereafter named by me devised and alloted to be part of the Residue or other Two Thirds of my personall
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Estate given and bequeathed unto my Children, be taken or included as part of her said Third part of my personal Estate.
Item. I Give, Devise and bequeath unto my Children, Vizt: unto my son Edward, and unto my Daughters, Sarah, Mary, and Susannah, all the Rest and Residue of my personal Estate Wheresoever being, or to be found, to be Divided among them in and among which, and as Part of the said Residue by me hereby to my Children given. My Will is that the Slaves by me hereafter immediately named shall be accounted, taken and reserved for my said Children. Vizt: Diego, Peter, George, Priamus the Shoe maker, Toney and Black Wall both Coopers, young Priamus, Aberdeen, Cimrick, Tom a boy which I bought of Mr. Pilkington, Moses Nann, a negro woman which I Purchased of Mr. Churchill Reading, Mary Ann a negro woman which I purchased of the Executors of the Estate of Colonel Thomas Harvey, deceased, Violet a negro woman which I purchased of Mr. Cannon, and hannah a negro Girl, together with their increase which shall or may belong to me at my decease, as also my largest Periauger with her Anchor, Cable and Sails. And My Will is That none of these Slaves by me afore mentioned and named, be Sold or disposed of on any consideration whatsoever otherwise than to be divided among my Said Children, (as follows) and their respective parts together with the rest of their respective por- tions or parts of my Estate to be delivered to them by my Executors according to my Direction herein. Vizt:
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